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13.06.2023 10:35

The contract for the sale of a residential building, like the contract for the sale of real estate, is concluded in writing and is subject to notarization and state registration. Certification of residential building contracts is carried out at the location of such property or at the registered place of residence of one of the parties to the relevant contract.

Each of the parties to the mine contract is the seller of the goods that he transfers in exchange, and the buyer of the goods that he receives in return. The contract may establish an additional payment for a product of higher value that is exchanged for a product of lower value. Ownership of the exchanged goods passes to the parties at the same time after both parties have fulfilled their obligations to transfer the property, unless otherwise stipulated by the contract or law.

To conclude a contract for the sale of a residential building, the following package of documents must be submitted to the notary:

  1. passports of the parties to the contract;

  2. registration numbers of the tax payers' registration cards of the parties;

  3. documents confirming ownership of the property being exchanged (notarized purchase and sale agreement, lifetime maintenance (care), gift, lease, inheritance agreement; certificate of ownership; certificate of right to inheritance; court decision, etc.);

  4. certificates on the composition of the family;

  5. marriage certificate or court decision on divorce, written consent of the husband (wife), if the property is jointly owned by the spouses;

  6. birth certificate and permission of the body of guardianship and guardianship to commit the deed, if the right of ownership or the right to use the alienated home is held by minors.

During the preparation for the certification of the mining contract, the notary checks the absence of a prohibition against alienation or seizure of property by obtaining information from the State Register of Real Property Rights.

12.06.2023 17:01

Compensation for unused vacations is paid only in case of dismissal from service.

In order to receive compensation for injuries, it is necessary to apply with the relevant application to the commander of the relevant unit where the serviceman served with the relevant application. Therefore, compensation for injuries must be paid by the military unit in which the serviceman served.

12.06.2023 16:48

The status of "limited fitness for military service" means that a person can undergo military service, but with certain restrictions. This status can be determined if a person has certain diseases or physical disabilities that do not allow him to undergo certain types of military service or perform certain tasks in the army.

For those with limited fitness during wartime, travel outside Ukraine is prohibited.

However, the final decision on departure will be made by the border guards themselves at border checkpoints based on the results of studying all documents and clarifying all circumstances and facts.

12.06.2023 16:38

Testament is a personal disposition of an individual in case of his death.

Donation contract is a deed by which one party (donor) transfers or undertakes to transfer property (gift) to another party (donee) free of charge in the future.

The differences between a will and a gift agreement are as follows:

  1. The moment of transfer of the right to property. In the case of a gift, the donee becomes the owner and can dispose of the property at his own discretion immediately after concluding the donation contract and accepting the gift. Real estate objects are an exception, as the legislation provides for mandatory state registration of the ownership of real estate acquired under the contract in the State Register of Real Property Rights. The donor's risk lies in the fact that after concluding the donation contract, he will no longer live in his home. As for a will, it is a personal order of an individual in the event of his death, and therefore the transfer of ownership occurs only after the completion of the property inheritance procedure, the final stage of which is the issuance by a notary after 6 months of the death of the testator of the Certificate of the right to inheritance.

  2. Mandatory share of property in inheritance. In the case of concluding a gift contract, other family members and relatives can no longer claim this property. At the same time, even in the presence of a will in which a specific person is specified, the law protects the rights of persons who have the right to a mandatory share of property in the inheritance. They include minors, minors, adult disabled children of the testator, disabled widow (widower) and disabled parents of the testator.

  3. Cost. When notarizing both a gift contract and a will, it is necessary to pay the state duty and the consulting and technical services of a notary public. For the notarization of the gift contract, you will have to pay a state duty in the amount of 1% of the contract amount (ie, the cost of the apartment), but not less than one non-taxable minimum income of citizens (17 UAH). When drawing up a will, it is necessary to pay a state duty for the notarial certification of the will in the amount of 0.05 of the tax-free minimum income of citizens - 0.85 kopecks, and for issuing a certificate of the right to inheritance, the heir will have to pay 2 tax-free minimum incomes of citizens. In addition, it is necessary to pay notary services when certifying a donation contract and when certifying a will. The price for such services is set by each notary office independently, but cannot be lower than state prices. Also, the donor needs to carry out an assessment of the real estate object, which is transferred as a gift to the recipient. According to the norms of the Tax Code of Ukraine, taxation of income, in particular property received by a taxpayer as a gift, occurs in the same manner as property received as an inheritance. Thus, property received as an inheritance or gift must be taxed at different rates. Acceptance of immovable property as a gift from family members of the first degree of kinship (parents, spouses and children) is taxed at a zero rate. In the same way, the value of a gift is taxed for persons with disabilities of group I; persons who have the status of orphans or children deprived of parental care; as well as children with disabilities.

Therefore, it is up to everyone to decide which contract to conclude better. Weigh all the risks and nuances of these contracts, and decide which contract is more appropriate to conclude.

12.06.2023 16:32

According to the current legislation, the bank is obliged to return to clients the money that was stolen from their bank cards by fraudsters, unless there is evidence that the client himself provoked such theft by his action or inaction.

Immediately after discovering illegally debited funds, you must apply to the bank for an official investigation, in which you must specify:

  • when exactly the illegal withdrawal of money took place;

  • amount of illegal withdrawal;

  • as well as a written demand for the return of unjustified money.

After that, you should contact the police with a fraud report.

12.06.2023 16:27

According to Art. 303 of the Criminal Procedure Code of Ukraine, the inaction of the investigator, the prosecutor, which consists in the failure to enter information about a criminal offense into the EDPR after receiving a statement or notice of a criminal offense, may be appealed to the court.

What should be contained in a complaint about challenging inaction:

  1. Name and location of the court to which the complaint should be sent

  2. Data about the complainant (name, registration address, phone number)

  3. The name and location of the law enforcement body whose officials did not enter information into the EDPR

  4. The name of the document is "Complaint against the inactivity of the prosecutor/investigator/investigator, which consists in not entering information about the commission of a criminal offense into the Unified Register of Pretrial Investigations (in accordance with Article 303 of the Criminal Procedure Code of Ukraine)"

  5. A brief summary of the circumstances of the statement about the commission of a criminal offense, that is, in essence, you need to describe to the court everything that you described in the statement about the commission of a criminal offense, which was submitted by you. We must also specify the date of submission of such an application

  6. Indicate when and how you found out that the information was not submitted to the EYRD based on the fact of submitting your application

  7. Legal substantiation of the grounds for filing a complaint - here you need to refer to the provisions of Art. 214 of the Criminal Procedure Code of Ukraine regarding the obligation to enter data into the EDPR upon the fact of submitting a statement about a criminal offense and Art. 303 of the Criminal Procedure Code of Ukraine regarding the possibility of appealing this type of inaction.

  8. Prohalna part ("I ask to satisfy the submitted complaint; issue a resolution obliging the pre-trial investigation body to enter information about a criminal offense into the Unified Register of Pre-Trial Investigations and to start a pre-trial investigation based on an allegation of the commission of a criminal offense")

  9. Attachments with which you confirm your requirements

  10. Date of filing the complaint, signature and full name

According to Part 1 of Art. 304 of the Criminal Procedure Code of Ukraine, complaints about decisions, actions or inaction of the investigator, inquirer or prosecutor are considered by the investigating judge of the local court within the territorial jurisdiction of which the body of the pre-trial investigation whose inaction is contested is located.

Article 304 of the Criminal Procedure Code of Ukraine establishes that a complaint against such decisions, actions or inaction may be filed within ten days from the moment the decision was made, action or inaction was taken.

12.06.2023 16:21

Loss of teeth is a physical injury of moderate severity.

12.06.2023 16:19

Currently, the procedure, which provides for obtaining a permit from the TCC for conscripts to travel outside their place of residence, has been temporarily cancelled. Conscripts have the right to make short-term trips outside the region. Even if a summons was received, before the deadline when it is necessary to appear at the TCC, it is also possible to cross the borders of one's region or district without hindrance.

The duration of such a trip cannot exceed 7 days in accordance with the Procedure for organizing and maintaining military records of conscripts, conscripts and reservists, approved by the Cabinet of Ministers of Ukraine Resolution No. 1487 of 12.30.2022.

12.06.2023 15:41

Forensic experts can be persons who have the necessary knowledge to provide an opinion on the investigated issues (Article 10 of the Law of Ukraine "On Forensic Expertise").

Forensic experts of state specialized institutions can be experts who have a relevant higher education, an educational and qualification level not lower than a specialist, have undergone appropriate training and received the qualification of a forensic expert in a certain specialty.

In addition to those conducted exclusively by state specialized institutions, forensic experts who are not employees of these institutions may also be involved in conducting forensic examinations (examinations and research), provided that they have the appropriate higher education, educational and qualification level not lower than a specialist , received appropriate training in state specialized institutions of the Ministry of Justice of Ukraine, were certified and received the qualification of a forensic expert in a certain specialty.

The participation of an expert in criminal proceedings significantly affects the capabilities of the parties to criminal proceedings in collecting, checking and evaluating evidence in order to ensure a quick, complete and impartial investigation and trial.

12.06.2023 15:12

Only three categories of vehicles can be re-registered in Diya: cars, motorcycles, mopeds.

  1. You need to log in to the driver's electronic account or the Diya Portal.

  2. The owner (seller) must submit an application in electronic form. Its fields will be filled in automatically, the system will upload the necessary data from the relevant databases.

  3. The seller and the buyer must put electronic signatures on the documents. The sales contract will be considered concluded online.

  4. Employees of the service center of the Ministry of Internal Affairs will check information about the owner and the vehicle against the relevant registers and databases.

  5. After that, the electronic version of the registration certificate will appear in the "Action" mobile application.

  6. The new owner must physically arrive at the Service Center of the Ministry of Internal Affairs, where he will hand in the old license plates and registration certificate, and receive new documents in return. It will be possible to do this outside the queue, without waiting in the general queue and without receiving a "coupon".