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11.07.2023 11:02

When concluding a purchase-sale contract, the buyer can ask to provide an Extract from the State Register of Property Rights to immovable property, which will contain an item about the presence of encumbrances and a printout from the website of the Court of Appeal of Ukraine, which will show which lawsuits were filed in relation to the property and whether the legal process is still going on against him.

Encumbered real estate deals are risky for buyers and tenants. Restrictions on real estate are not canceled with a change of owner. That is, buying or renting such real estate, the new owner also finds himself in a situation where he cannot freely use or dispose of the object. Moreover, this requirement is valid, regardless of whether the buyer was warned about the encumbrance at the time of purchase or not.

11.07.2023 10:32

Yes, there is.

According to Clause 14-1 of Section X of the Land Code of Ukraine, the alienation of land shares (shares), state and communal property for agricultural land, the alienation and change of purpose of privately owned agricultural land plots allocated in kind (on site) to the owners of land shares are prohibited (shares) located in the temporarily occupied territories in the Donetsk and Luhansk regions, the Autonomous Republic of Crimea and the city of Sevastopol, except for their inheritance. Agreements (including power of attorney) entered into during the period of the ban on the purchase and sale or alienation in another way of land plots and land shares (shares) specified in this clause, in terms of their purchase and sale and alienation in another way, as well as in terms of the transfer of rights to alienate these land plots and land shares (shares) for the future, are invalid from the moment of their conclusion (certificate).

11.07.2023 10:15

First of all, the inheritance acceptance procedure must be completed and everyone must receive a certificate of inheritance. If several heirs have accepted the inheritance, a certificate of the right to inheritance is issued to each of them specifying the name and shares in the inheritance of the other heirs.

That is, from that moment joint ownership of property begins - the right of joint partial ownership, and the heirs become co-owners.

According to Article 361 of the Civil Code of Ukraine, the co-owner has the right to independently dispose of his share in the right of joint partial ownership. In accordance with Article 362 of the Civil Code of Ukraine, in the event of the sale of a share in the right of joint partial ownership, the co-owner has a priority right over other persons to purchase it at the price announced for sale and on other equal terms, except in the case of sale through public auctions. The seller of a share in the right of joint partial ownership is obliged to notify the other co-owners in writing of his intention to sell his share, indicating the price and other conditions on which he sells it.

But in accordance with the Resolution of the Supreme Court of Justice of Ukraine dated October 12, 2021 in case No. 725/4816/19, the provision on the priority right over other persons to purchase a share of jointly owned property applies only to the contract of sale of property. Therefore, the provisions of Article 362 of the Civil Code do not apply to the gift contract.

Agreements on the donation of jointly owned property are concluded with the consent of all co-owners, the specialist of the Ministry of Justice emphasized.

So, I will answer each question in order:

  1. Yes, maybe.

  2. Yes, it is needed.

  3. Necessary documents for drawing up a donation contract:

  4. passport and tax code of the parties;

  5. birth certificate (to confirm the degree of kinship, if giving to a relative);

  6. a legal document for the gift (for example, an apartment purchase and sale agreement, privatization certificate, etc.);

  7. technical passport for real estate (if it is real estate);

  8. property value assessment (issued by BTI);

  9. if the subject of the gift is a plot of land, it is necessary to obtain an extract from the DZK from the land cadastre authorities;

  10. consent of other co-owners;

  11. permission of the guardianship authority if the recipient is under 18 years of age or if this is an apartment in which children are registered.

You cannot change your mind and terminate the donation contract. A gift can be terminated only in court in the presence of significant circumstances, such as the use of violence by the donee against the donor, if the donee has committed a crime against the life, health, property of the donor, his parents.

11.07.2023 09:23

In accordance with paragraph 3 of the Resolution of the CMU "On Approval of the Rules for Crossing the State Border by Citizens of Ukraine", the departure from Ukraine of citizens who have not reached the age of 16 is carried out with the consent of both parents (adoptive parents) (hereinafter - parents) and accompanied by them or accompanied by persons authorized by them who have reached the age of 18 at the time of departure from Ukraine, including accompanied by crew members of the aircraft on which they are traveling.

In the absence of the consent of one of the parents, the departure of a citizen of Ukraine who has not reached the age of 16 may be allowed abroad on the basis of a court decision.

An application for permission for a citizen of Ukraine who has not reached the age of 16 to travel abroad without the consent and accompaniment of one of the parents is submitted to the court in simplified civil proceedings in the district, district in cities, city and city-district courts under the defendant's registered place of residence or stay.

10.07.2023 18:00

Information about a criminal record refers to personal data. According to Article 2 of the Law "On the Protection of Personal Data", personal data is information or a set of information about a natural person who is identified or can be specifically identified. The employee belongs to the named categories.

In accordance with Article 7 of the same Law, the processing of personal data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, criminal convictions, as well as health-related data is prohibited , sex life, biometric or genetic data.

The above does not apply if the processing of personal data:

1) is carried out under the condition that the subject of personal data provides unequivocal consent to the processing of such data;

2) necessary for the exercise of the owner's rights and duties in the field of labor relations in accordance with the law with the provision of appropriate protection.

third person in case of incapacity or limitation of civil capacity of the subject of personal data;

3) is carried out with the provision of appropriate protection by a religious organization, public organization of worldview orientation, political party or professional union established in accordance with the law, provided that the processing concerns exclusively the personal data of members of these associations or persons who maintain constant contact with them due to the nature of their activity, and personal data are not transferred to a third party without the consent of the subjects of personal data;

4) necessary for the justification, satisfaction or defense of a legal claim;

5) necessary for health protection purposes;

6) necessary to ensure the maintenance of military records of conscripts, conscripts and reservists (in the amount of data specified in Article 7 of the Law of Ukraine "On the Unified State Register of Conscripts, Conscripts and Reservists");

7) relates to court verdicts, performance of tasks of operative-investigative or counter-intelligence activities, fight against terrorism and is carried out by a state body within the limits of its powers defined by law;

8) refers to data that has been explicitly disclosed by the subject of personal data.

In accordance with Article 14, the distribution of personal data without the consent of the subject of personal data or a person authorized by him is allowed in cases specified by law, and only (if necessary) in the interests of national security, economic well-being, human rights and for conducting the All-Ukrainian population census.

Therefore, the employer has the right to know about the criminal record of the employee, but he cannot disclose this information. Cases when personal data (criminal record) may be processed are specified in Article 7 of the Law "On the Processing of Personal Data".

07.07.2023 13:07

If the enterprise is located in the territory where hostilities are taking place, then in accordance with Article 4 of the Labor Law "On the Organization of Labor Relations in the Conditions of Martial Law" in connection with the conduct of hostilities in the areas where the enterprise, institution, organization is located, and the existence of a threat for the life and health of the employee he can terminate the employment contract on his own initiative within the period specified in his application (except in cases of forced involvement in socially useful works in conditions of martial law, involvement in the performance of work on critical infrastructure objects ).

If there is no threat to the life and health of the employee, then the general rule applies in accordance with Article 38 of the Labor Code: the employee has the right to terminate the employment contract concluded for an indefinite period by notifying the employer in writing two weeks in advance.

07.07.2023 12:58

Pasting of photos to the passport of a citizen of Ukraine upon reaching the age of 25 and 45 is carried out exclusively in Ukraine, at the registered place of residence or by contacting the appropriate center for the provision of administrative services.

At the Embassy, the passport of a citizen of Ukraine (internal), including in the format of a plastic ID card, is not issued!

07.07.2023 12:51

No, unfortunately only children are entitled to free travel. In addition, there are some peculiarities.

In accordance with Article 13 of the Law "On the Protection of Childhood", children from large families are granted free travel on all types of urban passenger transport (except taxis), public road transport in rural areas, as well as suburban railway and water transport and buses of suburban and intercity routes, including intra-district, intra- and inter-regional, regardless of distance and place of residence, in the presence of a certificate of the established model, and in the case of the introduction of an automated system of accounting for travel payments - also an electronic ticket, which is issued free of charge.

07.07.2023 09:39

According to Ukrainian legislation, the copyright for a computer program arises as a result of the very fact of its creation and does not require registration, special registration or compliance with any other formalities.

But, if you want to get a certificate, that is, to register copyright, then you need to collect the following package of documents:

  1. statement;

  2. source code;

  3. instructions for use;

  4. receipts for payment of the fee for preparation for registration (255 UAH for individuals and 510 UAH for companies), and state customs duty for issuing a certificate (8.50 hryvnias for individuals and 25.5 hryvnias for companies).

Ukrpatent - the registration body will review your documents within a month.

06.07.2023 21:17

You can contact a lawyer with whom you will conclude an agreement on the provision of legal assistance remotely. After that, he will have the opportunity to collect all the necessary documents from the court for you.