Who Is Responsible for Errors in a Notarized Translation

Here’s a real scenario: You submit your diploma for notarization, the translation comes back with an error in your field of study, and the embassy rejects the document. Now who pays for a new translation? The notary says “contact the translator.” The translator says “I asked for notarization, you should sue the notary.” Who’s actually responsible, and who do you need to sue?

How Legal Responsibility Is Divided¶

When you order a notarized translation, two parties are involved: the translator and the notary. Each has a specific role, so legal responsibility is divided accordingly.

Article 79 of Ukraine’s Law on Notariat establishes that when a notary doesn’t know the language being translated (which is most cases), they hire a qualified professional translator. The translator prepares the translation and personally signs it in the presence of the notary. The notary then certifies: - That this is genuinely the translator’s signature - That the translator holds the required qualifications - That the signature was affixed in the notary’s presence

But the notary does not verify the accuracy of the translation itself. They don’t understand the language and aren’t required to check every word.

The Translator Bears Primary Responsibility¶

The translator bears primary responsibility for the accuracy of the translation. When a translator signs a translation in the presence of a notary, they’re asserting: “I certify that this is an accurate translation of the original.” It’s not just a signature - it’s a legal statement about the quality of their work.

If the translation contains an error - a missing phrase, an incorrectly translated key term, an inaccurate date - that’s the translator’s error. The translator is the one who can be sued for inaccuracy.

The translator must: - Have specialized professional education in translation - Understand the document’s context (legal, medical, and accounting translations require specialized knowledge) - Verify their work before signing the translation - Understand they bear personal responsibility

In practice, many private translators carry civil liability insurance (general or translation-specific). This insurance covers losses if a client suffers financial damage due to the translator’s error.

The Notary Bears Limited Responsibility¶

The notary does not bear responsibility for the accuracy of the translation itself. Their role is administrative: to ensure everything is properly formalized according to law.

A notary can be sued only if they: - Failed to verify the translator’s qualifications - Certified the signature of someone who isn’t actually a qualified translator - Violated notarization procedures (for example, notarized the document without required witnesses) - Acted negligently or illegally while performing their duties

If a notary followed the law - verified the translator’s documents, certified their signature, recorded everything in the register - then the notary fulfilled their obligations, even if the translation later turns out to be inaccurate.

Private notaries in Ukraine are required by law to carry civil liability insurance (Article 28 of the Law on Notariat). This insurance covers damage resulting from unlawful or negligent actions by the notary. The insurance company will pay compensation to the injured party if it’s proven that the notary’s actions caused the damage.

State notaries operate under different rules - the state bears liability - but the basic principle is the same: the notary pays for their own mistakes, not the translator’s.

When an Error Is Discovered¶

How do you pursue legal action for a translation error?

If the error is in the translation itself - you sue the translator. For example: - Translator: Petro Sydorenko; Notary: Tetiana Kravets - The translation contains an error in a medical term, causing a doctor abroad to misdiagnose you - You sue Sydorenko for damages - you have a copy of his signature on the translation

If the error is in the notary’s work - you sue the notary. For example: - Notary Kravets certified a translation by someone claiming to be a translator but who turned out to be a fraud with no qualifications - Kravets failed to verify the person’s credentials - The translator disappeared, and you suffered losses from poor quality - You sue Kravets for failing to perform her verification obligations

Supreme Court Decision No. 754/11476/22 (June 27, 2024) established an important precedent: if a notarial act was performed unlawfully or without legal basis, it can be challenged in court. The court evaluates whether the notary’s fault caused you damage and whether there’s a causal link between the notary’s actions and your losses.

The amount of compensation is determined by agreement between the parties or by court decision. The key requirement is that you must have evidence of actual damages - not just “I lost money,” but specifically: “I had to pay 5,000 hryvnia for a new translation” or “Due to the inaccurate translation, I was denied a visa and lost 10,000 euros in income.”

Insurance Protection¶

Private notaries (by law) must carry civil liability insurance before beginning their practice. It’s mandatory. This insurance covers: - Damages from unlawful actions by the notary - Damages from negligence in performing their duties - Clients’ material losses caused by the notary

Translators - liability insurance isn’t legally mandatory, but many professional translators carry Errors & Omissions (E&O) insurance. This type of insurance covers: - Translation errors that cause financial loss to clients - Omitted details that result in misunderstanding of the source text - Consequences of inaccurate translation (lost business deals, penalties from authorities, etc.)

If a translator represents themselves as “a notarized translator,” they should carry such insurance - it’s a professional standard.

Important: Even without insurance, a translator is still legally responsible for their errors and can be sued for damages. Insurance simply ensures the compensation will be paid by the insurance company rather than depending on whether the translator has sufficient personal funds.

Protecting Yourself in Practice¶

If you’re ordering a notarized translation, follow these guidelines:

Before ordering: - Ask the notary and translator in writing about their liability and insurance - Clarify who is responsible for accuracy (this should be an explicit agreement) - Ask about time limits for filing complaints about errors

When ordering: - Get a written contract (even a simple one sent by email with a confirmation reply counts) - Specify the document’s name and context (for example, “medical report in English for Berlin Hospital”) - Clearly state technical requirements (number of copies, format, final deadline) - Keep copies of the contract, invoice, and all correspondence

When you receive the translation: - Review it immediately (even if you don’t know the language, you can check dates, numbers, and names) - Request a copy of the notarized document from the notary - it’s your right - If you notice anything odd, contact them right away, don’t wait a month

If you discover an error: - Contact the translator and notary in writing with a detailed description of the error - Write, don’t call - keep all evidence - Specify exactly which part of the translation is wrong - Provide an example of the correct translation if you can - Ask in writing about the possibility of free revision

If the issue isn’t resolved: - Send a formal complaint to the translator demanding correction or a refund - Keep proof of delivery (email screenshot, delivery receipt) - If you receive no response or solution within a reasonable timeframe (one to two weeks), consult a lawyer or file a court claim

Special Considerations by Document Type¶

Embassy/consulate documents (diploma, certificate of no criminal record, registry extract): An error in such a translation is costly. The embassy will reject the document, you’ll lose time getting it redone, and you might miss deadlines. The notary and translator must understand the specific requirements of the target embassy. If an error causes you damage (visa denied, deadline missed), you have grounds for compensation.

Medical documents: Errors here are potentially dangerous. If the translator misrendered a medical term and a doctor abroad as a result treated you incorrectly, it’s a serious problem. Both the translator and notary could be sued for harm to your health. Insurance is critical in such cases.

Legal documents (contracts, powers of attorney, court decisions): An error can completely change the legal meaning. If a contract is translated inaccurately, an agreement with a foreign partner might become invalid, or you might face penalties for breach of contract. Damages can be substantial. Insist that the translator and notary have experience with legal materials.

Time Limits: How Long You Have to Sue¶

Under Ukrainian civil law:

The statute of limitations is 3 years from the day you discovered the error or suffered damage. This means if you find an error a year after the translation was completed, you still have 3 years to file a lawsuit.

In practice: Act quickly. If an error is discovered within a few weeks, contact the translator and notary with a complaint immediately. These issues often get resolved through negotiation without going to court. The longer you wait, the harder it is to prove that the error was in the translation rather than something else.

Notarized vs. Sworn Translation: What’s the Difference?¶

Many people confuse notarized and sworn translation, thinking they’re the same thing. In reality, they’re two different processes with different legal standing and responsibilities.

Notarized translation is a translation certified by a notary. The notary verifies the translator’s qualifications, authenticates their signature, but doesn’t perform the translation itself. It’s suitable for most documents and simpler in procedure.

Sworn translation is performed by a special translator who has taken an oath before a court or justice authority and has the right to officially certify translations. A sworn translator bears personal legal responsibility to the authority before whom they took the oath. It has higher legal status and is often required for important documents.

Regarding liability: both notarized and sworn translators bear personal responsibility for accuracy. However, a sworn translator also bears responsibility to the judicial system, which strengthens their obligation for quality.

If an institution asks for a “notarized translation,” ask whether they actually need a sworn translation - the distinction matters for your rights.

What If the Translator Lacks Credentials or Qualifications?¶

Sometimes someone poses as a translator and delivers a “translation” with no legal value. A notary should verify this before certifying.

If the notary verified that the person is a qualified translator, certified their signature, and later discovered the translator was actually a fraudster without proper training - then the translator is liable for quality, but the notary can also be held responsible for failing to properly verify qualifications.

If the notary knew this wasn’t a qualified translator but certified anyway - that’s an unlawful act by the notary, and you can sue the notary directly.

In practice, private notaries take copies of the translator’s educational credentials. But if the translator forged those documents - which does happen - then technically the notary did their duty, but you can still sue both: the translator for fraud and the notary for inadequate verification.

Real-World Examples: How It Works in Practice¶

Example 1: Medical Translation with Medication Name Error

A patient prepares medical records for a doctor in Germany. The translation is completed and notarized. However, there’s an error: the drug “Парацетамол” (Paracetamol) is translated as “Acetaminophen” when the more common European name is “Paracetamol.” The German doctor didn’t immediately recognize it as the same medication, causing treatment to be delayed.

The patient discovers the error and goes to court. The court orders the translator to: - Redo the translation for free - Pay compensation for delayed treatment (if material damages can be proven)

The notary isn’t sued because they couldn’t reasonably verify medical terminology.

Example 2: Diploma with Field of Study Name Error

A student translates their diploma for admission to a master’s program in Poland. The original reads “Field of Study: Electrical Engineering.” The translator renders it as “Speciality: Electro-engineer” instead of “Electrical Engineering.” The Polish university doesn’t recognize the field, demands clarification.

The student files a written complaint with the translator. The translator redoes the translation for free. The notary isn’t involved because they couldn’t verify whether the field name was accurately conveyed.

Example 3: Notary Certifies a Fraudulent “Translator”

Someone orders a notarized translation from a stranger. That “translator” provides the notary with forged educational credentials. The notary does a cursory check and certifies anyway. The translation quality is terrible.

Later, it’s revealed the “translator” was a wanted con artist. The person sues: - The “translator” for fraud and refund - The notary for compensation due to inadequate credential verification

The notary pays out from their insurance for negligence in checking documents.

Common Mistakes and Misconceptions¶

Misconception 1: “If a notary certified it, the translation is guaranteed to be accurate”

That’s not true. A notary only guarantees that the translation was signed by the person purporting to be a translator and that the person holds qualifications. The notary doesn’t guarantee the translation is accurate.

Misconception 2: “The notary understands languages and should check the translation”

Not all notaries understand all languages. Most simply certify. If a notary knows the language and forgot to check the translation, they might be negligent, but this rarely leads to court - people first complain to the translator.

Misconception 3: “If an institution rejected the translation, the translator is responsible”

Not necessarily. An institution might reject a translation for many reasons: improper notarial seal, wrong format, changed requirements. First find out exactly why it was rejected before blaming the translator.

How to File a Written Complaint with a Translator¶

If you discover an error:

Step 1: Describe the error specifically

Don’t write “the translation is bad.” Instead, write: - Original text: “......” - Your translation: “......” - Correct translation: “......” - Why it’s an error: “.......”

Example: “The original says ‘natural lighting for the office.’ Your translation says ‘illumination by natural light for the office.’ However, the correct term in architecture is ‘natural daylight’ or ‘daylighting,’ not ‘illumination,’ which is a physics term.”

Step 2: Specify what damage it caused

Not just “error,” but “because of this error, the embassy demanded a redo, I lost time” or “the doctor misunderstood the clinical findings.”

Step 3: Demand a specific solution

• Free revision
• Money refund
• Compensation for auxiliary costs (retranslation by another translator, penalties, etc.)

Step 4: Set a deadline

“I request the corrected translation be sent by August 10. If not, I will pursue legal action.”

Step 5: Keep proof of delivery

Send by email and screenshot it, or get a delivery receipt. This proves the translator received your complaint.

Key Takeaways¶

When an error is discovered in a notarized translation:

• The translator bears primary responsibility for the accuracy of the text
• The notary is responsible for the process, verifying the translator’s qualifications, and certifying their signature - but not for translation accuracy
• Both can be sued - but for different errors
• Insurance is mandatory for private notaries and covers their actions; translator insurance is optional but common among professionals
• Get a written contract before ordering and document all communication
• Time limits: 3 years from when you discovered the error

Don’t avoid notarization if an institution requires it. But choose your translator and notary carefully, verify their qualifications and insurance, and keep all documents. This is your primary protection.