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06.07.2023 21:01

According to Art. 1249 of the Civil Code of Ukraine, a will certified by a notary public without familiarization with its contents is secret.

The person who made the secret will submits it in a sealed envelope to the notary public. The envelope must be signed by the testator. The notary puts his signature on the envelope, seals it with a seal in the presence of the testator, places it in another envelope and seals it. And so the will is waiting for its time.

Until the notary receives information about the opening of the inheritance, then appoints a day for announcing the content of the will. He informs the testator's family members and relatives about the day of promulgation of the will, if the place of residence of the latter is known to him, or makes an announcement about it in the printed mass media.

In the presence of interested persons and two witnesses, the notary opens the envelope in which the will was kept and announces its contents. A protocol is drawn up on the declaration of the will, which is signed by a notary and witnesses. The entire content of the will is recorded in the protocol.

06.07.2023 20:53

Yes, the seller's refusal is legal. After all, in accordance with Article 9 of the Law "On the Protection of Consumer Rights", the consumer has the right to exchange goods of appropriate quality within fourteen days, not counting the day of purchase, if a longer period is not announced by the seller.

But you can go to court with a statement of claim. After all, in accordance with Article 32 of the Law on Postal Communications, postal operators are liable to users for non-performance or improper performance of services for forwarding internal postal items, instructions of users regarding postal transfers. For untimely delivery of registered postal items of all types - a fine in the amount of 25 percent of the cost of the postal service.

Please note that statements and claims regarding such cases are submitted to the postal operator within six months from the date of submission of the postal item or postal order for forwarding.

06.07.2023 20:26

During martial law, conscripts between the ages of 18 and 60 are mobilized. Accordingly, they are prohibited from leaving Ukraine.

As for 17-year-old boys, they have every right to cross the border.

Complaints about the illegal actions of representatives of "military commandos", which are related to the mobilization process, can be reported verbally to the hotlines of the Ministry of Defense:

0-800-500-410, 0-800-500-442, 044-454-44-99.

Complaints about violations of Ukrainian legislation during mobilization can be submitted to the head of the Center for Manpower and Social Support (Military Committee).

If the Recruitment and Social Support Center does not respond appropriately, then illegal actions can be challenged in an administrative court. Before that, you should contact a lawyer for legal help.

06.07.2023 20:09

Yes, there are methods of out-of-court dispute settlement and they are approved by the legislation of Ukraine. Such a method is mediation - it is a method of out-of-court settlement of a dispute through negotiations with the help of a third neutral party (mediator), who accompanies the mediation process by applying certain negotiation techniques, while the parties to the dispute independently find a solution that satisfies them, and the mediator does not make any decisions on the essence of the conflict.

I talked about mediation in more detail in my article. You can view it by following the link - https://ua-lawyer.com/uk/articles/16/mediatsiia/.

Another alternative way to resolve a dispute is arbitration - the resolution of disputes by non-state arbitrators (arbitrators) with a decision binding on the parties. Includes domestic arbitration courts, international commercial arbitration, international investment arbitration, interstate arbitration.

05.07.2023 15:31

Yes, you can renounce your citizenship. But this requires good reasons:

  • residence abroad;

  • guarantee of obtaining foreign citizenship.

Also, a mandatory condition is not to be held criminally liable.

Thus, according to Article 1 of the Law of Ukraine "On Military Duty and Military Service", the protection of the Motherland, independence and territorial integrity of Ukraine is a constitutional duty of citizens of Ukraine.

But foreigners and stateless persons can be accepted for military service in the Armed Forces of Ukraine under contract for the positions of private, sergeant and senior officer in accordance with the same law.

03.07.2023 16:37

Cerebral palsy has varying degrees of severity, but in most cases it leads to disability.

And in accordance with Article 23 of the Military Law "On Mobilization Training and Mobilization", conscripts are not subject to conscription for military service during mobilization: recognized in the established procedure as persons with disabilities or, according to the conclusion of the military medical commission, temporarily unfit for military service due to their health I for a period of up to six months (with subsequent passing of the military medical commission).

Therefore, NO, a person with cerebral palsy is not mobilized.

03.07.2023 16:31

The texts of all existing agreements between Ukraine and the EU can be found on the website of the Ministry of Foreign Affairs of Ukraine - https://mfa.gov.ua/.

Click on the "Search" tab and enter the keyword "deal".

Or you can immediately find agreements on the website of the Verkhovna Rada of Ukraine - https://zakon.rada.gov.ua/laws/main/index.

03.07.2023 16:22

This issue is regulated by the order of the MFU "On approving the procedure for returning funds mistakenly or excessively credited to the state and local budgets".

It stipulates that in the event of the return of court fees (except those paid by mistake), the following shall be submitted to the Treasury:

  • the original or a duly certified copy of the court decision;

  • application for the return of funds from the budget;

  • the original or a copy of the transfer document or a printout of the electronic settlement document.

Please note that a copy of a document for transfer is submitted only if the original of such a document is included in the case file and the court decision states so.

The application can be made in any form, but with the mandatory indication of the following information:

  • reasons for returning funds from the budget;

  • name of the payer (business entity), EDRPOU code (for a legal entity) or full name (for an individual), identification number or series and passport number;

  • location of a legal entity or residence of an individual and contact numbers;

  • the amount of the payment to be refunded, the method of transferring funds from the budget — to a card/cash at the cash desk. In the first case, indicating the IBAN to which funds are returned in the national currency and the recipient's account number.

03.07.2023 16:14

KIK is a controlling foreign company.

According to paragraph 39-2.5.5 of the Tax Code of Ukraine, for the purposes of tax control over the taxation of the income of a controlled foreign company, a natural person - a resident of Ukraine or a legal entity - a resident of Ukraine must notify the controlling body about its activities.

03.07.2023 16:09

According to 413 of the Civil Code of Ukraine, superficies are the right to use someone else's land for development, a separate type of rights to other people's things.

The owner of the land plot has the right to provide it for use by another person for the construction of industrial, household, socio-cultural, residential and other structures and buildings.