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22.06.2023 12:22

According to the Law "On Association of Co-owners of an Apartment Building" No. 2866-ІІІ dated 19.07.2017, the rights of a co-owner of an apartment building (Article 14) include:

  • to participate in the management of the association in the manner determined by this Law and the association's charter (read more about the association's charter HERE);

  • elect and be elected to the composition of the association's statutory bodies;

  • get acquainted with the minutes of general meetings, make extracts from them;

  • to receive information about the activities of the association in the established manner;

  • demand from the statutory bodies the protection of their rights and compliance by the co-owners with the rules of good neighborliness;

  • to receive information about the activities of the association in accordance with the procedure established by the statute.

According to Article 15 of the aforementioned law, the obligations of co-owners include:

  1. perform the duties stipulated by the association's charter;

  2. to implement the decisions of the statutory bodies adopted within their powers;

  3. use the premises as intended, observe the rules for using the premises;

  4. to ensure the preservation of the premises, to participate in their reconstruction, restoration, current and capital repairs, technical re-equipment;

  5. ensure compliance with the requirements of housing and urban planning legislation regarding reconstruction, restoration, current and major repairs, technical re-equipment of premises or their parts;

  6. to prevent violations of the legal rights and interests of other co-owners;

  7. comply with the requirements of the rules for maintaining a residential building and the surrounding area, fire safety rules, and sanitary standards;

  8. to pay due contributions and payments on time and in full;

  9. compensate for damages caused to the property of other co-owners;

  10. to fulfill the duties provided for by the statutory documents before the association;

  11. prevent deterioration of common property, inform association management bodies about damage and failure of technical equipment;

  12. to observe cleanliness in public places and silence in accordance with the requirements established by law.

Other duties of co-owners may be established by the association statute.

22.06.2023 12:16

The Civil Code of Ukraine defines a dead inheritance as that which remained from the owner (testator) and did not pass to another person (heir).

In the absence of heirs by will and by law, their removal from the right to inherit, their refusal to accept the inheritance, as well as refusal to accept it, the local self-government body at the place of opening of the inheritance, and if the inheritance includes immovable property - at its location, shall is obliged to submit to the court an application to recognize the inheritance as dead.

The following have the right to submit an application to declare the inheritance dead:

  1. local self-government bodies where the property is located;

  2. creditor of the testator;

  3. if the inheritance includes agricultural land plots - the owners or users of adjacent land plots.

The application to recognize the inheritance as dead is submitted after 1 year has passed since the opening of the inheritance.

The inheritance, recognized by the court as dead, passes into the ownership of the territorial community at the place of opening of the inheritance, and immovable property - at its location.

22.06.2023 09:21

First of all, it is necessary to register as an FOP (group II or III). In addition, I inform you that the FOP can be opened in the "ACTION" application in a few minutes.

According to the requirements of the Tax Code of Ukraine, single tax payers cannot sell art objects, which include: paintings, drawings, pastels, watercolors, original prints (prints, lithographs), sculptures, figurines, etc.

Therefore, if the bank or accompanying documents for the goods (bill of lading, invoices, receipts, etc.) will indicate exactly the names of the goods (classified as works of art), you will not be able to be a single tax payer. Also, just avoid names in the documents that may indicate that you are selling works of art. Replace them with other, more neutral names.

As for KVEDs, there are no separate ones for foreign economic activity. You should have a list of KVEDs that corresponds exactly to your activity (a list of goods or services that you sell).

In addition, in order to avoid possible conflicts, it is necessary to conclude a contract with the person who drew the coloring pages for you, which, among other things, will state that you have the right to sell them.

22.06.2023 09:10

Multi-brand stores usually purchase goods that have already been put into circulation, that is, they work with wholesale suppliers, so if they have properly prepared documentation for the goods, they do not need written permission from the company - the owner of the brand to sell their goods.

In addition, I recommend that in contracts with such wholesale suppliers, it should be specified that by selling products under the contract, the supplier does not violate anyone's rights and legitimate interests, including in the field of intellectual property, and also provide for the responsibility of the supplier in the event of presenting to the store any any claims related to intellectual property.

Problems may arise if the company - the owner of the brand has granted the exclusive right to import goods to Ukraine to one or several subjects. If the trademark is registered in Ukraine or has undergone international registration covering the territory of Ukraine, and is entered in the customs register with the indication of persons - official importers, then the import of such goods by other entities may be impossible.

21.06.2023 16:33

On June 10, 2023, the National Bank of Ukraine provided clarification on this issue. (https://bank.gov.ua/ua/news/all/rozyasnennya-natsionalnogo-banku-ukrayini-schodo-obminu-gotivkovoyi-inozemnoyi-valyuti)

Authorized institutions are obliged to accept foreign currency banknotes, which in terms of design and security elements fully correspond to the samples and descriptions given on the official websites of the central/national banks of foreign countries, and have no signs of wear or have been acquired during circulation one or more signs of minor wear.

Signs of minor wear and tear include:

  • local abrasions (partial loss of paint on images) and/or loss of paper stiffness;

  • imprints of stamps/seals, inscriptions, including those visible in ultraviolet rays, the total area of which does not exceed 200 square meters. mm;

  • spots, the total number of which does not exceed three pieces with a diameter of up to 5 mm;

  • tears or incisions, the total number of which does not exceed three pieces up to 3 mm long;

  • holes and punctures, the total number of which does not exceed four pieces, with a diameter of no more than 1 mm each.

Such bills, regardless of their year of issue, banks and exchangers are obliged to accept.

Commission possible upon exchange:

  • banknotes of foreign countries acquired at the time of application show signs of wear exceeding minor;

  • banknotes of foreign countries that have suffered one or more signs of significant wear/damage at the time of application;

  • torn (cut into pieces);

  • with damaged elements of design and protection (deleted digital or text designations of the denomination, portrait images, optically changeable protection elements, protective tapes);

  • with changed initial color of paper and/or images;

  • with local impurities (spots), including those visible in ultraviolet rays, the total area of which exceeds half of the area of the banknote with general impurities, including papers that cause luminescence in ultraviolet rays;

  • burned, scorched, old (damaged due to prolonged exposure to moisture, various liquids, chemicals or with signs of decay);

  • have obvious typographical defects;

  • banknotes withdrawn from circulation by a foreign country after the date announced by the issuing bank of the relevant currency (with the consent of the correspondent bank of the relevant country to exchange these banknotes).

21.06.2023 16:26

NO, it won't.

The value of the property received as an inheritance or as a gift does not affect the issuance of the subsidy. This income is not included in the total income of the family and is not taken into account when calculating the amount of the subsidy.

21.06.2023 16:22

According to the position of the DPSU, the passage of citizens of Ukraine across the state border under the conditions of martial law is carried out taking into account the requirements of the Presidential Decree No. 64/2022 dated 24.02.2022 "On the introduction of martial law in Ukraine", laws "On mobilization preparation and mobilization", "On the legal regime of martial law" and Rules for crossing the state border by citizens of Ukraine, approved by the Resolution of the CM of January 27, 1995 No. 57, and the procedure for such reservation is established by the Resolution of the CM of January 27, 2023 No. 76.

According to the Rules, persons who are not subject to conscription for military service during mobilization in connection with their reservation for the period of mobilization and for wartime at enterprises, institutions and organizations in the manner established by the Cabinet of Ministers and are not subject to the restrictions established by paragraph 2-14 of the Rules, have the right to leave Ukraine if they have the documents specified in Article 2 of the Law "On the procedure for leaving Ukraine and entering Ukraine for citizens of Ukraine" and must provide:

  • documents confirming a business trip;

  • extract from the order of the Ministry of Economy on the reservation of conscripts (in accordance with the requirements of paragraph 11 of Resolution No. 76).

Therefore, subject to the submission of the above documents, the reserved person can go abroad.

21.06.2023 12:05

NO, it is not possible to stop the proceedings in the case for such reasons, based on the following.

Thus, in accordance with Clause 5, Part 1, Article 236 of the Civil Code of Ukraine, the court stops the proceedings in case of presence of a party or a third person who makes independent claims regarding the subject of the dispute, as part of the Armed Forces of Ukraine or other military formations formed in accordance with the law, which transferred to martial law or involved in the conduct of anti-terrorist operations, - until the termination of the stay of the party or a third person who declares independent claims regarding the subject of the dispute, as part of the Armed Forces of Ukraine or other military formations formed in accordance with the law, transferred to martial law or involved in the conduct anti-terrorist operation.

HOWEVER, as noted by the Supreme Court in its ruling, membership in a voluntary formation does not exempt from the obligation to perform fixed-term military service, military service by conscription during mobilization, for a special period, military service by conscription of officers, military service upon the conscription of reservists in a special period (Clause 6 of the Regulation on the Voluntary Formation of Territorial Communities, approved by the Resolution of the Cabinet of Ministers of Ukraine dated December 29, 2021 No. 1449).

THEREFORE, there are no grounds, in accordance with Clause 5, Part 1 of Article 236 of the Civil Code of Ukraine, to stop the proceedings in the case. In order to stop the proceedings in the case on the above grounds, it is necessary to submit to the court evidence of being in the Armed Forces of Ukraine or other military formations formed in accordance with the law, transferred to martial law or involved in anti-terrorist operations and the performance of combat tasks in the combat zone , which can, first of all, be confirmed by certificates from the place of military service, an order on personnel.

21.06.2023 11:43

By "transfer to another jurisdiction" do you mean transfer to another country?

In order to transfer your assets or business to another country, you need to have documents for legal stay in the relevant country, register as an entrepreneur or open a legal entity.

Depending on the country in which you plan to conduct business, the legislation may differ significantly, and therefore, to provide an answer, you need to write to which country you plan to transfer your assets/business and indicate what kind of assets and type of activity they are.

21.06.2023 11:34

If the seizure of land is imposed by the court as part of securing a claim (Articles 149-159 of the Code of Criminal Procedure of Ukraine), then it is removed only by the court on its own initiative or at the motivated request of a party to the case.

If the seizure of the land plot was imposed as part of enforcement proceedings, you can apply to the court to remove the seizure (a person who believes that the property on which the seizure was imposed belongs to him, and not to the debtor, can apply to the court with a lawsuit on recognition of the right of ownership of this property and on the removal of arrest from it)

In the event that the court makes a decision to remove the attachment from the property, the attachment is removed by the decision of the executor no later than the next day when he became aware of such circumstances.