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28.06.2023 09:03

In general, the technical passport is not on the list of mandatory documents that need to be changed after a name change.

But if a new surname is written in the technical passport, and the old one appears in the others, the employees of the Service Center of the Ministry of Internal Affairs will have questions. They will ask you to present the document on the basis of which the name change took place. In order to avoid unnecessary questions and unnecessary red tape, I advise you to change the license and vehicle registration certificate immediately, without delaying until the last minute.

28.06.2023 08:52

You have the opportunity to investigate the activities, to check on the official website of the Judiciary of Ukraine which cases have been initiated against this judge. To do this, go to the tab Unified register of court decisions and enter the word "corruption" in the "Search by context" field. Next, see if there are cases with your judge's name on the list.

You can also go to the tab "Status of proceedings" in the "Party to the case" field, enter the name of the judge and investigate all his activities.

27.06.2023 19:01

You can report corruption on the official website of the Main Service Center of the Ministry of Internal Affairs, namely, go to the link - https://hsc.gov.ua/index/publichna-informatsiya/antikoruptsiya/povidom-pro-koruptsiyu/.

27.06.2023 18:51

Parents can write a statement of refusal of the child, on the basis of which they are deprived of parental rights, which entails a number of restrictions. Parents deprived of parental rights cannot participate in the upbringing and development of the child, cannot be legal representatives of the child, will be deprived of benefits that belong to parents with children, cannot inherit from the child, cannot count on support from the child in case of incapacity. At the same time the parents retain the obligation to provide for the child (pay alimony). Also, deprivation of parental rights does not deprive the child of the right to inheritance.

If a woman made a similar decision in the maternity hospital, she can also write a statement about giving up the child in the maternity hospital. In this case, all documents are transferred from the maternity hospital to the guardianship authorities, and the child is placed in the baby's home. In case of voluntary relinquishment of the child, the mother is not deprived of parental rights for six months - by law, she is given time to think and possibly change her decision. After this period, a guardian may be appointed for the child.

27.06.2023 18:36

In accordance with Resolution No. 318, an amendment was made to the 11th paragraph of item 9 "Regulations on territorial picking centers and social support".

The TCCSP conducts measures to alert and recruit citizens (except conscripts and reservists of the SBU and the Foreign Intelligence Service):

  • for military service by conscription of officers;

  • for military service by conscription of reservists in a special period (enrolled in the military operational reserve);

  • for military service by conscription during mobilization, for a special period (regardless of their location on the military record).

And therefore TCC employees have the right to serve a summons on a person who lives in another region.

27.06.2023 16:43

Due to the peculiarity of the work of a waiter, it cannot be subordinated to a civil law contract (subcontract, contract for the provision of services) - you formulated it as "through the FOP". After all, the waiter works according to the schedule, he must always be there, he does the work not once, but on a permanent basis, you will pay him for the process itself, and not for the result.

In addition, during the inspection, controllers of State Labor and Employment bodies may find violations for admitting an employee to work without concluding an employment contract and issue a resolution on the imposition of a fine. The court will consider the provided evidence and establish that the civil law contract concluded with an individual has signs of a labor nature.

According to Article 265 of the Labor Code (https://zakon.rada.gov.ua/laws/show/322-08#Text), the actual admission of an employee to work without an employment contract is a violation of labor laws, as a result of which a fine is imposed .

Therefore, it is better for you to officially employ the waiter, i.e. conclude an employment contract with him in accordance with Chapter 3 of KzpP.

In addition, please note that you are obliged to inform the Tax Service about hiring an employee.

27.06.2023 15:11

In accordance with Article 314 of the Economic Code of Ukraine, the carrier is responsible for the loss, shortage and damage of the cargo accepted for transportation, unless he proves that that the loss, shortage or damage was not caused by his fault. In case of damage to the cargo, the carrier compensates for damages in the amount of the amount by which its value has decreased.

But it is worth paying attention to some points:

  1. Transport codes or statutes may provide for cases where proving the fault of the carrier in the loss, shortage or damage of the cargo rests on the recipient or the sender.

  2. If, as a result of damage to the cargo, its quality has changed to such an extent that it cannot be used for its intended purpose, the recipient of the cargo has the right to refuse it and demand compensation for its loss.

Where and how to apply

You can submit a claim to the carrier. The carrier examines the stated claim and informs the applicant about its satisfaction or rejection within three months, and in the case of a claim from transportation in a direct mixed connection - within six months. If the claim is rejected or the answer to it is not received within the specified period, the applicant has the right to apply to the court within six months from the date of receipt of the answer or the end of the period established for the answer.

27.06.2023 11:03

In general, the Law provides for only two cases of internship:

  1. For the purpose of gaining experience in the performance of professional tasks and duties, improving professional knowledge, skills and abilities, studying and assimilating new technologies, techniques, acquiring additional competencies, applicants of professional (professional-technical), professional pre-higher, higher education who have obtained profession (qualification) according to the educational and qualification level of a skilled worker, specialty according to the educational and qualification level of a junior specialist, educational and professional degree of a professional junior bachelor, degrees of higher education of a junior bachelor or bachelor and continue to get an education at the next level of education - this is stated in the article 29 [of the above-mentioned law] (https://zakon.rada.gov.ua/laws/show/5067-17#n322).

  2. With the assistance of the State Employment Service of Ukraine, registered unemployed citizens can undergo vocational training at the expense of the funds of the Mandatory State Social Insurance Fund of Ukraine in case of unemployment - Article 35 [of the Law] (https://zakon.rada.gov.ua/ laws/show/5067-17#n322).

In the first case, an agreement on the internship of higher education students and students of vocational and technical educational institutions, approved by a resolution of the CMU dated January 16, 2013 No. 20.

In the second - the contract on vocational training of the unemployed in accordance with Order dated 05/31/2013 No. 318/655.

** In all other cases, the employer is obliged to register the employee for work in accordance with the established procedure - from the first day of his employment.**

The only thing is that, in order to check the employee's suitability for the work assigned to him, the manager can set a test. According to Art. 26 KZpP the probation condition must be reflected in the order (order) on hiring this employee. During the trial period, such employees are subject to all the requirements of labor legislation.

24.06.2023 13:40

To begin with, you need to notify the RATSS authorities about the death. After all, according to the Family Code of Ukraine and the Law of Ukraine "On Bodies of Registration of Civil Status Acts", death is subject to state registration in the bodies of registration of civil status acts at the last place of residence of the deceased, at the place of death or at the place of burial.

The declaration of death must be made no later than three days from the date of death or discovery of the corpse, and in case of impossibility of obtaining a certificate from a medical institution or a conclusion of a forensic medical examination or a prosecutor - no later than five days. But it is not a problem, if for good reasons you did not meet these deadlines, the main thing is to file before the expiration of one year after death.

In order to notify the authorities of the RACS, you need:

  • present your passport or passport document. But the absence of the specified document is not a reason to refuse to register a death;

  • confirm the fact of death - with a medical certificate or paramedic death certificate issued by a medical institution.

If the deceased had a passport or a passport document, as well as military registration and preferential documents, the civil status registration body that registers the death, withdraws them and makes a note of the owner's death in these documents. But the absence of these documents does not prevent the registration of death.

After recording, the civil status registration authority issues the applicant a death certificate and a certificate for receiving burial assistance.

In addition, civil status registration authorities send information about children who died under the age of 16 to the internal affairs authorities, as well as submit information about deceased citizens to state tax inspectorates and the bodies of the Pension Fund of Ukraine.

Passports, passport documents, as well as military registration documents and preferential certificates of deceased persons are transferred according to the list to the internal affairs bodies and military commissariats at the place of registration of death. If the specified documents were not submitted when the death was registered, the internal affairs bodies and military commissariats are notified accordingly.

Regarding funeral assistance

To receive funeral assistance, you must contact any service center of the Pension Fund of Ukraine with:

  • a document certifying the identity of the applicant;

  • an application for the payment of burial allowance;

  • death certificate;

  • an extract from the State Register of civil status acts of citizens on death to receive burial benefits or a pensioner's death certificate (in case of death registration outside of Ukraine, a death certificate or other document confirming the fact of death issued by a competent body of a foreign state is submitted).

Regarding registration of inheritance

The right to inherit arises from the heirs on the day of the person's death or on the day from which he is declared dead by a court decision.

As a general rule, a notary initiates an inheritance case at the place of last residence of the deceased. In the event that such information is not available, the place of opening of the inheritance is the location of the immovable property or its main part, and in the absence of immovable property - the location of the main part of the movable property.

In accordance with the Procedure for Notarial Acts by Notaries of Ukraine, in order to initiate an inheritance case, the heir must submit/send to the notary an application for acceptance of the inheritance.

According to the Resolution of the CMU, the deadline for accepting an inheritance remains unchanged and is six months from the date of a person's death. At the same time, during the period of martial law, the deadline for accepting an inheritance or refusing to accept it is suspended. The certificate of the right to inheritance is issued to the heirs only after the end of this term (taking into account the time for which the term was suspended).

24.06.2023 12:18

You probably meant power of attorney is a universal legal instrument that enables one person, the representative, to perform legally significant actions on behalf and in the interests of another person - the principal.

A power of attorney can be created in Ukraine in any language, the main thing is to find a translator from the language you need. In order for the power of attorney to have legal force, it must be certified by a notary.

In order for a power of attorney certified by a German notary to be used in Ukraine, submitted to state authorities, etc., you will need to translate it into Ukrainian. In addition, this document will need to be certified. According to Article 75 of the Law of Ukraine "On Notaries": a notary certifies the accuracy of the translation of a document from one language to another, if he knows the relevant languages. If the notary does not know the relevant languages, the document can be translated by a translator whose signature is certified by the notary.

I can advise you to contact the consul of Ukraine for a power of attorney in Germany. The procedure for performing notarial acts by a consul is determined by Article 38 of the Law on Notaries of Ukraine, Article 44 of the Consular Statute of Ukraine, the Regulation on the Procedure for Performing Notarial Acts in Diplomatic Missions and Consular Institutions of Ukraine and other acts of Ukrainian legislation. It is important that notarial records in diplomatic and consular institutions of Ukraine abroad are conducted exclusively in the Ukrainian language.