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02.07.2023 17:44

The legislation does not specify the terms when it is possible to donate real estate after buying it. Therefore, if you have already drawn up a contract for the purchase of a dacha, you can immediately start drawing up a donation contract.

02.07.2023 17:37

When two months pass, the conscript passes the VLK again, and he can be extended one or two more times. But after three periods of postponement, it is already necessary to resolve the question of unsuitability. In this case, the man ceases to be conscripted and is removed from the military register.

02.07.2023 15:43

Currently, a citizen of Ukraine can receive an unlimited number of parcels with a customs value of up to 150 euros each in his name without paying taxes. Therefore, if you order parcels up to 150 euros, it doesn't matter how much they are - they will not be subject to taxation.

02.07.2023 15:22

Mortgage and collateral are terms that are closely related and are constantly referred to when discussing loans. Collateral acts as an insurance policy for lenders that can be sold to cover losses if the borrower defaults on the loan. A mortgage is a loan that uses a certain type of collateral: real estate. As explained, these two terms are closely related, but quite different from each other.

A mortgage is a type of pledge. Any property, including immovable property, can be pledged, while only immovable property is mortgaged, provided that it remains in the possession of the mortgagor or a third party.

To say with precision that a mortgage or a pledge is better: it is up to you to decide - take into account the entire situation, conditions and features of these contracts.

02.07.2023 15:13

The law does not oblige the court, but only gives it the right, based on the specific circumstances of the case, to remove a person's criminal record. Removal of a criminal record is possible only before the expiration of the terms of repayment of the criminal record provided for in Art. 89 of the Civil Code, therefore it is always premature.

To remove a criminal record according to Art. 91 of the CCU, the following conditions are necessary:

  • the person serving a sentence in the form of restriction of liberty or deprivation of liberty; It is not possible to consider persons who have served a punishment in the form of restriction or deprivation of liberty, in cases when these types of punishment were replaced by other types of punishment in accordance with the procedure established by law, or the person was released from serving a probationary sentence or the unserved part of the sentence (in the form of restriction or deprivation of liberty) was replaced by a milder punishment. That is, the removal of a criminal record is applied only to those persons who have actually served the punishment imposed on them in the form of restriction or deprivation of liberty.

  • the end of at least half of the term of repayment of the criminal record provided for in Art. 89 of the Civil Code;

  • establishment by the court that the person proved his correction by exemplary behavior and conscientious attitude to work (clause 9 of the Resolution of the Plenum of the Supreme Court of Ukraine dated 12.26.2003 No. 16 "On the practice of application by the courts of Ukraine of the legislation on repayment and removal of criminal records")

The concept of "exemplary behavior of a person" means the presence of stable lawful actions in everyday life, the team, communication with the environment, and compliance with moral standards.

The concept of "honest attitude to work" includes timely and conscientious performance by the person in question of his professional or industrial duties, strict observance of working conditions and requirements of industrial discipline. Compliance by a person with all the requirements covered by these two concepts should confirm the correction of such a person.

02.07.2023 14:52

The application must be sent to the European Court of Human Rights by mail to the following address:

The Registrar European Court of Human Rights Council of Europe F-67075 Strasbourg cedex, FRANCE.

An application sent by fax cannot interrupt the six-month period.

You can apply to the European Court of Human Rights only under the following conditions:

  1. You intend to challenge the behavior of the state, which itself violated your right or freedom or did not ensure their protection (this is a violation of the right or freedom guaranteed by the European Convention on Human Rights);

  2. You have exhausted all effective national means of legal protection available to you;

  3. You have not missed the deadline for applying to the Court;

  4. Your case has not yet been considered by the Court on the same grounds and you do not use another international mechanism to protect your rights.

An individual application must be made in writing in the language of one of the states that have ratified the Convention. That is, regardless of the fact that proceedings at the European Court of Human Rights are conducted in English or French, you can present your statement in Ukrainian or in another official language of the member states of the Convention and its protocols. It is important to remember that an application to the Court can be made only on the official form of the application form. When filling out the application, you must comply with the requirements regarding its content. Therefore, before filling in, it is worth reading the official explanatory note for persons who wish to apply to the European Court of Human Rights: https://www.echr.coe.int/documents/d/echr/application_notes_ukr

02.07.2023 14:47

Arbitrability, or the admissibility of an arbitration agreement, is the conformity of the dispute that arose between the parties to the category of disputes that can be the subject of arbitration based on the law that is used to resolve the dispute.

The term "arbitrability" is not directly used either in the legislation or in the judicial practice of Ukraine. However, the meaning of this concept is formed with the help of a number of provisions of the Economic Procedure Code of Ukraine, laws of Ukraine "On Arbitration Courts" and "On International Commercial Arbitration".

The issue of arbitrability of disputes is, at first glance, quite simple. So, for example, according to Clause 2 of Art. 1 of the Law of Ukraine "On International Commercial Arbitration", disputes arising from contractual and other civil law relations arising from the implementation of foreign trade and other types of international economic relations, if the commercial enterprise of at least one of the parties is located abroad, are subject to international arbitration, as well as disputes between Ukrainian enterprises, if at least one of them is an enterprise with foreign investments.

02.07.2023 14:38

In order to participate in Prozorro.Sales as a FOP, the following documents must be submitted:

  • passport of a citizen of Ukraine

  • extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine

  • receipts for payment of warranty and registration fees

  • valid lease agreement (in case of extension of the agreement)

In order to participate in the auction as an LLC:

  • extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine

  • information about the ultimate beneficial owner or the reasons for his absence

  • receipts for payment of warranty and registration fees

  • valid lease agreement (in case of extension of the agreement)

02.07.2023 14:30

A citizen of Ukraine who has reached the age of thirty and who permanently resides in the territory covered by the jurisdiction of the relevant court may be a juror.

Citizens cannot be included in the jury lists:

  • recognized by the court as having limited capacity or incapacity;

  • who have chronic mental or other illnesses that prevent them from fulfilling their duties as a juror;

  • who have an unexpired or unexpired criminal record;

  • people's deputies of Ukraine, members of the Cabinet of Ministers of Ukraine, judges, prosecutors, employees of law enforcement agencies (law enforcement agencies), military personnel, employees of courts, other civil servants, officials of local self-government bodies, lawyers, notaries, members of the Higher Qualification Commission of Judges of Ukraine, the Higher councils of justice;

  • persons on whom an administrative fine was imposed for the commission of a corruption offense during the last year;

  • citizens who have reached the age of sixty-five;

  • persons who do not speak the state language.

In order to become a juror, a person must apply to the local council for inclusion on the relevant list. The documents submitted by the candidates are reviewed by the local self-government body for approval in the order of priority of receipt of candidate applications and are formed into jury lists. If such a person meets the legal requirements for jurors, the local council, by its decision, includes him or her in the list of jurors. The list of jurors is sent to the appropriate court.

Jurors are selected for participation in each specific case by the court's automated document management system.

The juror is obliged to appear on time at the invitation of the court to participate in the court session. Absence without valid reasons is considered contempt of court, for which administrative responsibility is provided.

The court engages jurors in the administration of justice for a period of no more than one month per year or for a longer period (to complete the consideration of a case initiated with their participation).

The employer is obliged to release the juror from work while he is performing his duties for the administration of justice. Refusal to resign is considered contempt of court.

02.07.2023 14:26

It is necessary to contact the post office from where you sent the package with a corresponding statement about the loss of the shipment. In the application, the type, category and number of the postal item, the place and date of acceptance, the surname, first name and patronymic (for legal entities – first name) and the postal address of the sender and the addressee, and in appropriate cases, the amount of the declared value of the postal item, the amount postpaid

According to the third part of Article 16 of the Law of Ukraine "On Postal Communications" (https://zakon.rada.gov.ua/laws/show/2722-20#Text) missing or damaged attachments of postal items, violation of control terms for delivery of postal items of shipments, the personnel of the operator, through whose fault the damage was caused, is responsible in accordance with the procedure provided for by the legislation of Ukraine. Of course, you must substantiate your claims with relevant evidence. Such evidence can be: a receipt for payment of a service received at a post office, a cashier's check, or a contract concluded at such a post office with an indication of weight, price, etc.

Always keep originals and copies of these documents.

If you indicate the amount of the declared value of the parcel during the shipment, then in the event of its loss, the postal operator is obliged to compensate exactly the amount indicated.

In the case of discovery of the fact of the loss of a postal item, require the postal employee to draw up an act, which is signed by him, the head of the postal facility and the sender/receiver.

Based on the available evidence (documents, photo recording), contact the operator with a written claim for compensation for the lost mail. The operator is obliged to provide a written response to the consumer within a month from the moment of receipt of claims.

It should be noted that in accordance with Article 18 of the aforementioned law, for the complete loss of parcels without a declared value, the postal operator reimburses the cost of postal services and pays a fine in the amount of 100 percent of the cost of these services; for the complete loss of a parcel with the declared value - a cost in the amount of the sum of the declared value of the postal shipment, the cost of postal services and pays a fine of 25 percent of the cost of these services.

The cost of services previously paid for by the user, which were not actually provided to him, shall be reimbursed to the user in full on the basis of a receipt or other document for payment of these services.

In the event that you failed to protect your rights in the specified way, you have the right to apply to the court with a claim for payment of compensation for the lost postal shipment by the postal operator.