Romania–Ukraine treaty and the apostille
requirement
Under normal Hague-Convention rules, any official
document issued by a foreign state (including notarial deeds) must be
legalized for use in Romania – typically by an apostille. However,
Romania has a bilateral treaty (2002, ratified by Law 3/2005)
with Ukraine on judicial/legal assistance in civil matters. Article 13
of that treaty explicitly provides that documents issued or certified
by one country’s authorities (with official seal and signature) “are
valid on the territory of the other Party without any further
legalization”. In practical terms, this means that Ukrainian
public documents (including notarized acts or translations by an
official translator) are recognized in Romania without requiring an
apostille. As one legal summary notes, under this Romania–Ukraine
treaty “Apostille is not required” for covered documents
(source:
inter-lexis.ro, last visited on 04 May 2025).
In particular, the treaty’s wording covers
notarized translations: it refers to documents “întocmite sau
certificate de instituţiile judiciare” (i.e. drawn up or
certified by judicial/notarial authorities) and even “copiile și
traducerile” legalized by competent institutions (source:
uniuneanotarilor.ro, last visited on 04 May 2025). In other words,
a document (say, a power of attorney) and its certified translation
done in Ukraine should carry over full effect in Romania without
further legalization. The official Notaries’ Union annex confirms that
the Romania–Ukraine treaty (signed Jan 2002, in force Oct 2006) was
specifically intended to eliminate the apostille requirement (source:
uniuneanotarilor.ro, last visited on 04 May 2025).
Romanian notary practice and translations
In practice, Romanian notaries will of course
still require any foreign document to be translated into Romanian by
an authorized translator before notarizing it. (English is not
an official language of Romania, so a document presented in English
must be translated into Romanian. Source:
europa.eu, last visited on 04 May 2025). But the key point is
that, under the treaty, the apostille requirement itself can be
waived. Thus a Ukrainian-issued document or an English translation
notarized in Ukraine may be accepted for purposes of a Romanian public
act (e.g. drafting a Romanian notarial deed) without an apostille. In
short: provided the document was notarized or certified by a Ukrainian
official, Romanian authorities treat it as valid “without any other
certification” (source:
uniuneanotarilor.ro, last visited on 04 May 2025).
Our research found no special wartime decree
or emergency law in Romania that further changes this rule. The
war in Ukraine did not trigger any new Romanian ordinance on
apostilles. Romanian ministries or the Notaries’ Union have not issued
any additional guidance beyond the existing treaty. (For completeness,
note that certain procedures do still require apostilles – for
example, the law on citizenship by application currently requires
apostilles on foreign documents – but this is a statutory exception,
not a war-time measure.) In conclusion, absent any new legislation,
Romanian notaries rely on the 2002 treaty: it seems that Ukrainian
notarial documents can be used in Romania without apostille, though a
Romanian-language notarized translation will be needed in due course.
Sources: Official Romanian–Ukrainian Legal
Assistance Treaty (2002, ratified by Law 3/2005) and other material
published on
uniuneanotarilor.ro;
inter-lexis.ro; EU/Youreurope guidelines on document translation
(source:
europa.eu, last visited on 04 May 2025).