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23.06.2023 19:21

According to Clause 59.1 of the Code of Ukraine, in the event that a taxpayer has incurred a tax debt, the controlling body sends (hands over) him a tax claim in the order specified for sending (handing over) a tax notice-decision. A tax claim can be sent (served) by the controlling authority at the taxpayer's place of registration, in which the taxpayer's tax debt is recorded.

According to Clause 58.3 of the Code of Civil Procedure, in the event that the post office cannot deliver to the taxpayer a tax notice-decision or a tax claim, or a decision on the results of a complaint due to the absence of officials at their location, their refusal to accept a tax notice-decision or a tax claim, or a decision on the results of the review of the complaint, failure to find the actual location (location) of the taxpayer or for other reasons, a tax notice-decision or a tax claim, or a decision on the results of the review of the complaint are considered delivered to the taxpayer on the day specified by the postal service in the notice of service with specifying the reasons for non-delivery.

Documents are considered duly served if they are sent in the order specified in Clause 42.4 of the Code of Civil Procedure, sent to the address (location, tax address) of the taxpayer by registered mail.

23.06.2023 12:20

"The unified register of weapons is fully operational from today. The main advantages of implementing ERO are that citizens will be able to easily receive information about their registered weapons. Thanks to the digitization of services, the procedure for obtaining permits will be simplified," wrote Minister of Internal Affairs Ihor Klymenko.

The unified register of weapons also provides for the creation of electronic cabinets. So Ukrainians will be able to get the service without leaving home, without visiting the National Police, by submitting documents through the "Citizen's Single Window" (https://services.mvs.gov.ua) or at a gun store.

23.06.2023 09:26

Good day.

Please send me a photocopy of the signed contract in personal messages so that I can analyze it and understand what rights and obligations you have. After the analysis, I will be able to give you an answer about how to act.

I would like to inform you that according to Law No. 2982, signed by the President of Ukraine on April 11, the company has the right to provide employment mediation services abroad after inclusion in the relevant List and within the framework of concluded foreign economic agreements.

Law No. 2982 enters into force six months after its publication, so it will come into effect from October 14, 2023.

23.06.2023 09:20

If the house was bought by the wife after the marriage with the husband, then it is the joint joint property of the spouses, regardless of the presence of a residence permit.

According to the general rule, everything acquired in marriage is the common joint property of the spouses.

According to Article 60 of the Family Code, "the property acquired by the spouses during the marriage belongs to the wife and husband under the right of joint co-ownership, regardless of the fact that one of them did not have independent earnings (income) for valid reasons." It is considered that every thing acquired during the marriage, except for things of individual use, is the object of the right of joint property of the spouses.

Without a husband, you will not be able to sell "nedosroy". While married, any transactions with real estate can be carried out only with the permission of the husband or wife.

It is possible to sell after a divorce, provided that you divide the property according to the procedure established by law and the "inconvenience" goes to you.

23.06.2023 09:13

According to the third part of Art. 12 of the Law of Ukraine "On the Organization of Labor Relations in the Conditions of Martial Law" dated 15.03.2022 No. 2136-IX, during the period of martial law, the employer may, at the request of the employee regardless of his category or status, upon his application and upon agreement with the employer, provide he is on leave without salary without time limit established by the first part of Art. 26 of the Law of Ukraine "On Vacations", however, this is not mandatory for the employer to make a decision on granting it. The time spent on leave without salary on this basis is included in the length of service, which gives the right to annual basic leave in accordance with Clause 4 of the first part of Article 9 of the Law of Ukraine "On Vacations".

As for the granting of leave without pay to an employee who has left the territory of Ukraine or acquired the status of an internally displaced person, this type of leave without pay does not belong to the leave without pay provided to the employee in accordance with Art. . 25 and 26 of the Law of Ukraine "On Vacations".

Article 12 of the Law of Ukraine "On the Organization of Labor Relations in the Conditions of Martial Law" establishes that during the period of martial law, the employer, at the request of an employee who has left the territory of Ukraine or has acquired the status of an internally displaced person, shall obligatorily grant him a leave of absence wages for the duration specified in the application, but no more than 90 calendar days.

According to the comments of the Ministry of Economy to the aforementioned Law, which amended Art. 12 of Law No. 2136, the law did not limit the employee's ability to exercise his right to this vacation several times. At the same time, the Ministry of Economy believes that the total duration of vacations (parts), which the employee can request to be granted in accordance with this norm, cannot exceed 90 days during the martial law.

22.06.2023 20:34

According to Part 1 of Art. 770 of the Civil Code of Ukraine, in the event of a change of owner of the leased item, the rights and obligations of the lessor are transferred to the new owner.

At the same time, in accordance with Part 2 of Art. 770 of the Civil Code of Ukraine, the parties may establish in the lease agreement that in the case of alienation of the thing by the lessor, the lease agreement is terminated.

Therefore, if the contract does not specify the circumstances provided for in Part 2 of Art. 770 of the Civil Code of Ukraine, then the change of the owner of the leased property is not a reason for either terminating the lease agreement or changing it.

22.06.2023 20:22

According to Art. 776 of the Civil Code of Ukraine, current repairs are carried out by the tenant (tenant) at his expense, unless otherwise established by the contract or law.

In turn, capital repairs are carried out by the lessor at his expense, unless otherwise stipulated by the contract or law.

At the same time, the legislation does not contain a definition of capital and current repairs, nor does it indicate their differences. In practice, when concluding a property rental agreement, it is necessary to determine what exactly belongs to capital and current repairs and determine responsibility for non-fulfillment of assumed duties.

22.06.2023 12:54

The amount of rent can be changed only with the consent of the parties - unless otherwise specified in the law or in the contract. At the same time, such an agreement must be concluded in the same form as the lease agreement itself.

The lessor has the right to unilaterally increase the amount of the rent, if this is clearly stated in the contract.

The Supreme Court, in its ruling dated May 20, 2020, in case No. 914/1085/19, stated the following: "If, after the parties concluded the lease agreement, there was no significant breach of the agreement by the other party, no significant change in the condition of the lease object, nor was there a change centralized prices and tariffs, i.e. there were none of the grounds defined by the law and the contract for making changes to this contract, then there are no grounds for satisfying the claim for making changes to the real estate lease agreement."

In addition, I inform you that the inflationary processes that led to the general increase in prices; the growth of general production costs of the enterprise; raising the minimum wage are not considered by the courts as the need to amend the contract in connection with a significant change in circumstances (Decision of the Higher Economic Court of Ukraine dated August 20, 2008 in case No. 11/253).

22.06.2023 12:44

According to the content of part 1 of Article 637 of the Civil Code of Ukraine, the interpretation of the terms of the contract is carried out in accordance with Article 213 of this Code. The analysis of the provisions of Article 213 of the Civil Code of Ukraine shows that the interpretation of the deed is the clarification of the content of a valid unilateral deed or contract (bilateral or multilateral deed), from the text of which it is impossible to establish the true will of the party (parties).

The third and fourth parts of Article 213 of the Civil Code of Ukraine define the general methods to be used in the interpretation, which are embodied in three levels of interpretation.

The first level of the interpretation is carried out with the help of the same meanings of words and concepts for the entire content of the deed, as well as the meanings of terms generally accepted in the relevant field of relations.

The second level of interpretation (if the content of the deed could not be interpreted using the first approach) is a comparison of different parts of the deed both with each other and with the content of the deed as a whole, as well as with the intentions of the parties that they expressed when committing the deed , as well as what they came from when performing it.

The third level of interpretation (when the first two are ineffective) is taking into account:

  • purpose of the transaction,

  • content of preliminary negotiations,

  • the established practice of relations between the parties (if the parties were previously in legal relations with each other),

  • customs of business turnover;

  • further behavior of the parties;

  • the text of the standard contract;

  • other significant circumstances.

In the resolution of April 18, 2018, in case No. 753/11000/14-ts, the Joint Chamber of the Central Committee of the Supreme Court formulated a legal conclusion that in the event that the rules of interpretation determined by the Central Committee of Ukraine do not allow determining the actual content of the terms of the contract, it is necessary to apply interpretation contra proferentem ("the words of the contract must be interpreted against the person who wrote them").

22.06.2023 12:36

According to paragraph 2 of Article 777 of the Civil Code of Ukraine, in the event of the sale of an apartment that is rented out, the tenant, who faithfully fulfills the terms of the contract, has a priority right to purchase it.

Taking into account the above, the seller must notify the tenant of his intentions in writing no later than a month before concluding the contract.