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25.04.2023 20:31

According to current legislation, if the agreement on the purchase and sale of real estate did not take place due to the fault of the buyer, the deposit is not returned. If the deal "failed" as a result of the seller's failure to fulfill his obligations, he must return the deposit to the client, even in a double amount (in particular, according to the court's decision).

25.04.2023 20:16

As you know, foreigners cannot buy agricultural land in Ukraine.

Ukrainian women and men who are married to foreign citizens will not have such an opportunity either.

The way out in such a situation may be the conclusion of a marriage contract, which provides for the personal status of land plots that will be acquired during a registered marriage.

25.04.2023 16:43

In the current legislation of Ukraine, the Law "On the Organization of Labor Relations in the Conditions of Martial Law" dated 15.03.2023 applies, according to which, during the period of martial law, the employer, at the request of an employee who has left the territory of Ukraine or acquired the status of an internally displaced person, in compulsorily grants him leave without pay for the duration specified in the application, but no more than 90 calendar days, without counting the time spent on leave against the length of service, which gives the right to annual basic leave.

25.04.2023 16:29

Yes, you can refuse. Since the specified actions do not comply with the procedure provided for by the legislation of Ukraine, and may indicate abuse of their rights by TCC and JV employees.

First, representatives of the TCC and SP must draw up a protocol in which the essence of the committed offense will be recorded. This protocol is issued or sent by mail to the conscript with a notification of when and where the administrative case will be considered. That is, the fact of drawing up a report does not mean bringing to responsibility. The conscript himself must be invited to consider the case. At the appointed time, the head of the TCC and SP must consider the case and listen to the conscript, if he appeared, study his written explanations, if they were submitted. According to the result of the examination, if the manager comes to the conclusion that there are grounds for bringing the conscript to responsibility, the manager of the TCC and the JV issues a ruling, which will determine the amount of the fine. This resolution is handed to the conscript or sent by mail. If the conscript does not agree with the decision, he can appeal it in court.

Therefore, the basis for paying a fine can only be a resolution signed by the head of the TCC and JV, on bringing to administrative responsibility. A piece of paper with details is not such a basis. Therefore, demand that you be issued a resolution on bringing to administrative responsibility.

25.04.2023 16:17

Objects of copyright – works of literature, science and art. They are not subject to mandatory state registration. They are generally protected from the moment of creation for the lifetime and 70 years after the author's death. A complete list of copyright objects can be found in Article 5 of the Law of Ukraine "On Copyright and Related Rights".

Objects of industrial property law (inventions, industrial designs, utility models, marks for goods and services - TM), which are valid only from the moment of state registration and have their validity period. In order to confirm the rights to these objects, it is necessary to extend them each time in the established manner, paying the necessary state fees.

In general, the registration of the right to an invention and a utility model is certified by a patent, and the right to industrial designs and trademarks is certified by a certificate.

The documents submitted for obtaining a patent are:

  1. Application for issuing a patent;

  2. Documents confirming payment of relevant fees (1 tax-free minimum income of citizens);

  3. Drawings (if there is a reference to them in the description);

  4. Description of the invention or utility model (it is necessary to explain in a certain order and disclose the essence of the invention (utility model) so clearly and completely that it can be implemented by a specialist in the specified field);

  5. Abstract (made up for informational purposes only, they cannot be taken into account for any other purpose, in particular for the interpretation of the claims of the invention (utility model) and determination of the scope of legal protection);

  6. The formula of the invention or utility model (must express its essence, be based on the description, must be stated clearly and concisely in a specified order).

In order to obtain a patent, an application for the issuance of a patent must undergo appropriate procedures (verification of the declared invention / utility model for compliance with the conditions of patentability and the conditions for granting legal protection, conducting a formal and qualification examination of the application, etc.) in accordance with the Law of Ukraine "On the Protection of Rights to Inventions and Utility Models" .

On the basis of the expert opinion, UKRNOIVI makes a decision on the issuance of a patent.

To obtain a certificate for industrial samples, the applicant must submit the following documents:

  1. An application for registration of an industrial design, in which it is necessary to indicate the applicant(s) and his address, as well as the author(s), to disclose the essence of the industrial design clearly and completely so that it can be carried out by a specialist in the specified field (as well as to pay a fee to elapse of two months from the date of submission of the application).

  2. A set of images of the product (the product itself or in the form of its layout or drawing), which give a complete and clear idea of its appearance.

  3. Description of the industrial design.

  4. Drawings, diagrams, maps (if necessary).

To register a trademark and obtain a corresponding certificate, the following documents must be submitted to UKRNOIVI:

  1. application for trademark registration;

  2. image of the sign;

  3. a list of goods and services for which the applicant requests to register a mark, grouped in accordance with the International Classification of Goods and Services (ICC);

  4. pay the state fee for submitting an application;

  5. in the case of submission of documents for registration by a representative of a natural or legal entity, it is necessary to submit a power of attorney authorizing the representative to perform such actions on behalf of the principal.

If the applicant requests protection of a color or combination of colors as a distinguishing feature of his trademark, he must:

  • declare it and specify the color or combination of colors in the declaration;

  • submit color images of the trademark in the application.

25.04.2023 15:50

Currently, there is no legal act in the legislation of Ukraine that cancels the 10-month period for accepting or rejecting an inheritance.

The period for accepting inheritance or refusing to accept it is suspended for the duration of martial law, but for no more than 4 months.

That is, 4 more months are added to the total of 6 months for the acceptance of inheritance, a total of 10 months (but in the event of the termination or cancellation of martial law, the term for acceptance (rejection of) inheritance may be less than 10 months.

25.04.2023 15:23

The current legislation of Ukraine does not prohibit the provision of loans to military personnel.

Regarding the following question, an application for restriction of the civil legal capacity of an individual is submitted to the court at the place of residence of such a person, and if this person is in a psychiatric institution, then the application is submitted to the court at the location of this institution (Part 1, Article 236 of the Code of Civil Procedure of Ukraine).

25.04.2023 13:24

There are several ways to legally optimize taxes:

  1. Fragmentation and structuring of business, which allows to reduce the tax burden through the use of a single tax;

  2. Choosing the type of contract, which allows to reduce the size of the tax burden;

  3. Individual explanations of state bodies that interpret ambiguous provisions in favor of the taxpayer;

  4. Refusal to pay taxes, when its collection is not sufficiently precisely defined, the obligation to pay and prosecution is impossible.

24.04.2023 21:37

The agreement on meeting the requirements of the mortgage holder is a separate agreement from the mortgage agreement, which must be notarized. Also, the notarized consent of the spouse of the person to whom the property is mortgaged must be given for its conclusion, if the subject of these contracts is joint property.

24.04.2023 21:32

The property trust management agreement (trust) is concluded in a simple written form, with the exception of the case of transfer of real estate to trust management. Failure to comply with the form of the trust management agreement leads to the recognition of such an agreement as null and void. In this case, the document will not have legal force.

A property management agreement is a special agreement characterized by: a high degree of trust, which is reflected in the subject of the agreement, the granting of excessive powers, as well as increased requirements for the responsibility of the manager and the grounds for terminating the agreement.

A trust agreement usually takes the form of a contract. The contract must clearly state the grounds for transferring ownership to the trustee. This is usually done to preserve or protect assets.

In the main part, the purpose of starting the trust, complete information about the assets involved in this trust and the conditions for its termination are determined.

The trust agreement is drawn up taking into account a number of requirements. The structure of the contract is built according to the following principle:

  1. name of the contract;

  2. names of the parties;

  3. preamble (indicates the purposes of creating a trust, determines which property is transferred to management);

  4. confirmation of the fact of transfer of property to management;

  5. consent of the trust manager to perform actions related to the management of this trust;

  6. trust conditions, including income distribution conditions;

  7. declaration of the trust (confirmation of the trust manager to carry out management on the terms prescribed in the agreement);

  8. powers and duties of the trustee;

  9. powers and duties of the founder;

  10. powers and duties of the protector (if available);

  11. term of trust;

  12. signatures of the parties.

In addition to the listed sections, the trust agreement may include other provisions, if there is a need for them.