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26.06.2023 14:23

In case of discovery of the disappearance of your child, it is recommended to first contact law enforcement agencies (police).

It is important to record the registration number of the application and the contact details of the police officer who will undertake the investigation of your case.

26.06.2023 09:56

As far as I understand, you owe alimony.

If you believe that the amount of alimony is determined to be excessive, you can reduce it by applying to the court with a corresponding application.

The amount of alimony, determined by a court decision or by agreement between the parents, may be subsequently reduced or increased by a court decision at the request of the payer or recipient of alimony, in the case of:

  • changes in material or family status;

  • deterioration or improvement of the health of any of them;

  • in other cases stipulated by the Family Code of Ukraine.

If you believe that the debt was calculated incorrectly, you can appeal it in accordance with Article 74 of the Law of Ukraine "On Enforcement Proceedings".

The end of the enforcement proceedings for the collection of alimony does not affect the collection of arrears due to them, and therefore you need to familiarize yourself with the materials of the enforcement proceedings and appeal the arrears.

Contact me and I will help you solve this issue.

26.06.2023 09:40

In March 2022, the Verkhovna Rada of Ukraine adopted Law of Ukraine 2120-IX "On Amendments to the Tax Code of Ukraine and other legislative acts of Ukraine regarding the application of norms during the period of martial law".

According to the above-mentioned law, people who took out loans in banks received some benefits:

  • not to receive fines for overdue loans;

  • not to receive an increase in the interest rate on the loan amount.

Such changes are effective during the entire period of martial law and within 30 days after its end.

That is, creditors will not be able to do anything to you because you do not pay the loan. (during the war)

Regarding the write-off of the loan, I would like to inform you of the following.

According to the Law of Ukraine 7441-1, citizens whose property was damaged or destroyed during the war can write off their debts to banks. For this, it is necessary to submit documents that confirm:

  1. That the destroyed house was the only place of residence of the injured Ukrainian, and the car was the only means of transportation.

  2. You took out a loan for the purchase or reconstruction of damaged property.

  3. The area of the purchased apartment should not exceed 140 square meters, and the house should not exceed 250 square meters.

  4. No loan arrears as of February 23, 2022.

After reviewing the above documents, if the credit organization makes a positive decision, the applicant will receive compensation from the state.

In all other cases, the loan will have to be repaid.

26.06.2023 09:32

To inform or not to inform about the presence of a disability is your right, not an obligation.

The list of documents that a citizen must provide when concluding an employment contract includes a document on the state of health (Article 24 of the Labor Code). However, it is submitted only in the case of a mandatory preliminary medical examination during employment. In all other cases, the person independently decides whether to inform the employer about the presence of disability or not.

In addition, when concluding an employment contract, it is prohibited to demand documents from persons, the submission of which is not provided for by legislation (Article 25 of the Labor Code).

If the employee did not report his or her disability, the employer is not responsible for not providing such person with employment benefits.

26.06.2023 09:24

If the Executive Service was a party to the court case, there is no need to send the court decision.

However, based on practice, I would still recommend that you send a statement to the address of the enforcement service with the demand to "end the enforcement proceedings", on the basis of paragraph 5 of part 1 of Article 39** of the Law of Ukraine "On Enforcement Proceedings". Attach the original or a duly certified copy of the court decision to the above application.

26.06.2023 09:20

According to the Family Code, there are two ways for parents to fulfill their obligation to maintain a child:

  1. determined by agreement between them (that is, the parents verbally agree that one of them will pay alimony for the child. At the same time, the amount can also be agreed between the parents. In addition, the parties can enter into an agreement and certify it at the notary for guarantees of fulfillment of conditions);

  2. according to the court's decision funds for child maintenance (alimony) are awarded as a share of the income of the mother or father or in a fixed sum of money at the choice of one of the parents or other legal representatives of the child with whom the child lives.

In the first case, in the second case, you do not need a TIN (RNOKPP) in order to pay alimony. You need to send funds in the specified amount to the agreed bank details: to the account of the recipient of alimony or to the account of the executive service.

26.06.2023 09:12

According to Article 51 of the Constitution of Ukraine, adult children are obliged to take care of their disabled parents.

In the Family Code, the above obligation is duplicated - adult daughters and sons are obliged to support parents who are unable to work and need financial assistance.

The obligation of adult children to support their parents arises on the basis of a combination of the following conditions:

  1. the origin of the child from the mother, father (blood relationship) or the existence of other legally significant connections between them (in particular, adoption);

  2. incapacity of the mother or father (that is, they are persons who have reached retirement age, established by Article 26 of the Law of Ukraine "On Mandatory State Pension Insurance" or persons with disabilities);

  3. mother's and father's need for financial assistance.

The obligation of adult children to support their parents does not arise in the absence of at least one of the specified conditions.

So, if the above three conditions are met, your father can apply for alimony.

24.06.2023 18:03

The requirement to present (including at block posts) military registration documents is ILLEGAL.

The military usually substantiates the legality of the requirement to present military registration documents by paragraph 7 of Resolution No. 1456, where the authorized person has the right to demand documents proving the identity or special status of a person.

HOWEVER, in accordance with clause 2 of part 1 of article 13 of the Law of Ukraine "On the Unified State Demographic Register and documents confirming the citizenship of Ukraine, certifying a person or his special status", to documents certifying a person and confirming his special status include:

  1. driver's license;

  2. identity card without citizenship for traveling abroad;

  3. a permanent residence permit;

  4. temporary residence permit;

  5. migrant card;

  6. refugee certificate;

  7. refugee travel document;

  8. ID card of an individual who needs additional protection;

  9. travel document of a person granted additional protection.

As can be seen, the above list does not contain information about military registration documents, and therefore their demand is illegal.

24.06.2023 12:03

Article 307 of the Civil Code of Ukraine stipulates that a natural person may be filmed on a photo, film, television or video tape only with his consent (with some exceptions).

Without consent, it is possible to conduct photo and video recording of official, official or public persons of state authorities and local self-government bodies in the performance of their official duties.

In some cases, a person's consent to filming is assumed, that is, a natural person is considered to have consented to filming, until he expresses his objection to it.

According to Part 2 of Article 13 of the Law of Ukraine "On the Natural Gas Market", the consumer is obliged, in particular: to enter into a contract for the supply of natural gas; ensure timely and full payment of the cost of natural gas in accordance with the terms of the contracts; prevent unauthorized extraction of natural gas; ensure unimpeded access of authorized representatives of the gas transmission system operator, gas distribution system operator to natural gas metering nodes and for the purpose of establishing gas metering nodes; stop (limit) the consumption of natural gas in accordance with the requirements of the law and the terms of the contracts.

Therefore, in order to record the offense, the employees of communal services had the right to conduct photo/video recording of the relevant gas facilities.

To establish the presence of an unauthorized gas pipeline and unauthorized extraction of natural gas in accordance with Clause 1, Chapter 2, Chapter XI of the Code of Gas Distribution Systems, it is sufficient to establish the fact of an arbitrarily connected gas pipeline (gas outlet, fitting, pipe), including without existing connected gas equipment, physically connected, in particular welded, cut-in, with the gas distribution system or gas network of internal gas supply, consumption (consumption) of natural gas through which is not accounted for by a commercial gas metering unit (meter).

According to the general rule, civil liability arises in the presence of the following conditions (grounds): illegality; damage; fault; causation.

Illegal is behavior that violates the rule of law or the terms of the contract concluded between the counterparties. Not only actions, but also inaction can be illegal.

Causal connection is an objectively existing connection between the debtor's illegal behavior and the unfavorable consequences that have occurred.

Guilt is a person's mental attitude towards his misconduct and its consequences. Depending on whether the offender wanted the occurrence of illegal consequences, the issue of dividing guilt into two forms is decided: intentional or careless.

In order to hold you accountable, the relevant utility services will file a lawsuit in court. In order for the court to collect money from you, the communal service will need to provide evidence that will confirm the illegality of your actions, damage, guilt and causality. You, in turn, must submit to the court evidence that denies the justification of the above statement of claim.

24.06.2023 11:00

According to Article 1 of the Agreement on cooperation in the field of conservation and use of genetic resources of cultural plants of the CIS member states, genetic resources of plants are plant material that is a potential source of valuable genes for use in breeding programs.

All legal relations arising in connection with the breeding, use, protection, alienation of new varieties of plants (breeding achievements) are regulated by the Civil Code of Ukraine, the Law of Ukraine "On Protection of Rights to Plant Varieties" dated March 21, 1993, "On Seeds and planting material" dated December 15, 2009, "On the accession of Ukraine to the International Convention for the Protection of New Varieties of Plants" dated December 2, 1961.

The object of the right to a variety is also a selection achievement in plant breeding that meets the conditions of patentability, that is, it is:

  • new (the material of the variety was not known to civil circulation on the date of the patent issue);

  • distinctive (clearly different from any other variety that is generally known);

  • uniform (the results of breeding the variety coincide with its characteristics);

  • stable (characteristics of the variety remain unchanged after its reproduction).

According to Art. Art. 10 - 15 of the Law of Ukraine "On the Protection of Rights to Plant Varieties", personal non-property intellectual property rights to a plant variety are evidenced by a certificate of authorship of a plant variety, intellectual property rights to a plant variety are evidenced by a plant variety patent, and property rights to intellectual property the distribution of the plant variety is evidenced by the certificate of state registration of the plant variety.

Article 38 of the above-mentioned Law stipulates that the right to distribute a variety in Ukraine shall arise from the date of adoption of the decision on state registration of the intellectual property right to distribute the variety. Subparagraph 2 of the specified article prohibits the distribution of varieties not included in the Register of Plant Varieties of Ukraine, unless otherwise established by law.