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21.06.2023 11:10

SO

In accordance with Article 35 of the Land Code of Ukraine, Ukrainians have the right to acquire plots of land for horticulture from state and communal property free of charge or on lease terms.

In accordance with Article 121 of the Land Code of Ukraine, citizens of Ukraine have the right to free transfer of land plots from state or communal property for individual summer house construction in the amount of no more than 0.10 hectares.

In accordance with Article 22 of the Law of Ukraine "On Cooperation", the land of the cooperative consists of land plots leased to it or acquired by it. Lands for common use of the dacha cooperative are transferred to it free of charge from the lands of state or communal ownership in accordance with the law.

Cooperatives may be granted free ownership or lease of land plots by local self-government bodies or executive authorities on the basis of town-planning documentation. In addition, the land of the cooperative may consist of land plots that the cooperators acquired on the basis of civil law agreements. Each member of the cooperative has the right to own, use and, with the consent of the cooperative, manage the property belonging to the cooperative. In order for each member of the cooperative to be able to exercise his right to property, it is necessary to allocate a plot of land from the cooperative through its allocation and privatization.

Each member of the cooperative can claim the amount of the share depending on his contribution to the fund. If a member of the cooperative is excluded or wants to leave the cooperative, he still has the right to receive a plot of land in kind. The ownership right of cooperative members (individuals) to their common share is inherited.

Members of collective agricultural cooperatives, which did not privatize plots by 2002 by registering the right to a land plot (share), have the right to privatization, according to Art. Art. 25, 118 of the Land Code of Ukraine.

21.06.2023 10:56

In order to receive state aid for the birth of a child abroad, one of the parents can send an application and the necessary documents by mail to the social protection body at the place of residence. The corresponding changes were approved by Resolution No. 340 of the Cabinet of Ministers of Ukraine and apply during martial law.

Documents certifying the birth of a child are issued by Ukrainian consulates or diplomatic institutions (embassies) in the country of the child's birth. In order to legalize these documents, it is necessary to make an official translation into Ukrainian, certified by a consular seal.

21.06.2023 10:49

NO, the village council cannot automatically remove you from the place of registration.

Removal from the declared/registered place of residence (stay) is carried out on the basis:

  1. application for removal from the declared/registered place of residence (stay), submitted by a person or his legal representative (representative);

  2. a court decision, which has entered into force, on the deprivation of the right to ownership of housing or the right to use housing, on eviction, on removal from the registered place of residence (residence) of a person, on recognition of a person as missing or declaring him dead;

  3. death certificate or information on state registration of death from the State Register of Civil Status Acts. In such cases, the date of removal from the declared/registered place of residence of the person is the date of issuance of the death certificate or the date of execution of the act record of the person's death;

  4. notification of the territorial body or subdivision of the State Migration Service of Ukraine indicating the relevant details of the passport document of the deceased person or the death certificate issued by a competent body of a foreign state, legalized in accordance with the established procedure;

  5. statements of the owner of the house about the removal of the person from the declared/registered place of residence (stay).

However, I would like to inform you that in order to prepare documents for the departure of Ukrainian citizens abroad for permanent residence, it is necessary to apply to the territorial body of the Ministry of Internal Affairs with an application, to provide a passport of a citizen of Ukraine in the form of a booklet with a stamp of deregistration of the place of residence or a certificate of deregistration of the place of residence residence, issued by the registration authority (to the passport of a citizen of Ukraine in the form of a card), as well as a passport of a citizen of Ukraine for travel abroad for the purpose of affixing a stamp on the registration of travel abroad to a permanent place of residence.

21.06.2023 09:16

Compliance with the procedure for concluding a business contract is a legally established requirement. Despite the fact that the parties usually independently determine the content of the contract based on the principle of freedom of contract, the procedure for concluding it is regulated by law. The main purpose of any contract is to achieve the goals that the parties sought to achieve, and in short, after fulfilling the terms of the contract, each party should be satisfied with the results of cooperation. Compliance with such an important contract conclusion procedure is a guarantee that the contract will be fulfilled in the future, and economic entities will receive benefits from it (not necessarily material only) and mutual benefit.

According to the general conditions of the conclusion of the contract, a number of components must be present, such as: mutual agreement on all essential terms of the contract, submission of a proposal for conclusion (offer) - acceptance of the proposal (acceptance), indication by the parties of the place and time, moment, from which the contract is considered concluded, as well as other features for certain types of contracts.

The contract is considered concluded if the parties have reached agreement on all essential terms of the contract in the proper form. This rule is specified in Part 1 of Art. 638 of the Civil Code of Ukraine.

In the event of a breach of contract by a party, the other party may demand compensation for damages, including by applying to court.

20.06.2023 19:41

According to the norms of the Tax Code of Ukraine, the following options are provided for terminating the use of the simplified system at the rate of 2%:

  • automatic termination – after the termination or cancellation of the state of war or state of emergency on the territory of Ukraine, the use of such a system, if the business entity used it on the day of such termination or cancellation;

  • independent refusal of use (by application) at any time during martial law.

The use of the simplified system is terminated from the first day of the month following the month in which:

  • or the state of war or state of emergency on the territory of Ukraine has been suspended or canceled;

  • or a decision was made to stop using such a taxation system after submitting an application.

20.06.2023 19:27

Employers are recommended to timely pay the single contribution to the mandatory state social insurance (SSI) for employees.

In the event that an employee discovers that the employer has not paid the ESS for him, he can apply to the State Tax Service or to the court (you can check the payment of the ESS by the employer in the personal account of the PFU)

In the event of non-payment of social insurance by the employer, financial sanctions will be applied to him, which are defined by the Law of Ukraine dated 07.08.2010 No. 2464 "On the collection and accounting of a single contribution to mandatory state social insurance".

The employer can be prosecuted both in pre-trial and in court proceedings. In the pre-trial procedure, the applicant must personally apply to the DPS with a statement about the violation committed by the employer.

The DPS must consider the application and may make the following decisions:

  • send a demand for its payment to ECS payers who are in arrears (part 4 of Article 25 of the ECS Law);

  • impose a fine in the amount of 20% of amounts not paid on time and charge a penalty at the rate of 0.1% of the amount of underpayment for each day of delay in payment (part 10 and paragraph 2 of part 11 of Article 25 of the Law on EES);

  • attract to the admin. liability for non-payment or untimely payment of the tax (art. 165−1 of the Code of Administrative Offenses).

20.06.2023 19:09

Mobilized citizens enjoy all the rights and benefits provided by the Law of Ukraine "On Military Duty and Military Service" and "On the Social and Legal Status of Military Servicemen and Members of Their Families".

During martial law, an additional reward of UAH 30,000 is paid to those mobilized, and UAH 100,000 for direct participation in hostilities.

During martial law, the following holidays are granted:

  • for family circumstances up to 10 calendar days;

  • a state of health in connection with an illness or for treatment after a serious injury.

The mobilized have the right to:

  • receiving medical care in military hospitals;

  • preservation of the place of work, position and average earnings at the enterprise, institution, organization, regardless of subordination and forms of ownership (Article 119 of the Labor Code of Ukraine);

  • exemption of natural persons - entrepreneurs, who are called up during mobilization, from paying a single social contribution;

  • continuity of state registration of entrepreneurial activities of the FOP;

  • crediting the time of military service to the insurance record, work record, work record by specialty, civil service record;

  • payment of a military pension during service. After the end of the service, pensions will be paid taking into account additional years of service;

  • exemption from fines for non-fulfillment of financial obligations and interest on loans.

Those who are mobilized, if there are grounds, can receive the status of a participant in hostilities, which includes, in particular, benefits for housing and communal services, travel, sanatorium-resort treatment, obtaining land plots, housing, etc.

20.06.2023 14:08

YES, you can re-pass the VLK. This requires the following.

Clause 6.1 of Chapter 6 of Section II of Regulation No. 402 stipulates that a referral for a medical examination is made:

a) Conscript military servicemen: commanders of military units, chiefs of garrisons, full-time military police, military medical institutions at the place of treatment, military commissars, management bodies and units of the Military Law and Order Service of the Armed Forces of Ukraine, the prosecutor's office, the court, and persons who are for examination and treatment in a civil psychiatric treatment and prevention institution, in addition - by the chief doctors of these institutions;

b) military servicemen (except conscript military servicemen): direct superiors from the commander of a separate unit, his equals and above, management bodies and units of the Military Law and Order Service of the Armed Forces of Ukraine, the prosecutor's office, the court, heads of garrisons, full-time military police, military medical institutions by the place of treatment, military commandants of garrisons and military commissars.

Medical examination of servicemen who have received diseases, injuries (wounds, mutilations, contusions) in order to determine the degree of fitness for military service is carried out in the case of a determined medical expert consequence (result) of the disease, trauma (wounds, mutilations, contusions). The determined consequence (result) of a disease, injury, trauma, contusion, mutilation is a state of health, when the results of the examination and treatment give grounds for the General Military Police (MLA) to issue a resolution on the degree of suitability for military service (service in a military specialty), and further treatment will not lead to the restoration of fitness for military service (clause 6.10 of chapter 6 of section II of Regulation No. 402).

Taking into account the above legal norms, You need to send a report on the referral of a serviceman to the military medical commission for a military medical examination of the state of health, in order to determine further suitability for service in the Armed Forces of Ukraine, in the name of the immediate superior. In the specified report, it is necessary to substantiate the deterioration of health.

Based on the analysis of court practice, a response to the report must be provided within 30 days. In case of refusal (or non-response at all), such actions (inaction) can be appealed to the court.

If you need qualified help in writing the above report, please contact us.

20.06.2023 13:58

Please note that the lyceum, in accordance with Article 35 of the Law of Ukraine "On Comprehensive General Secondary Education", is not a higher educational institution ("university"). Lyceum provides specialized secondary education.

Lyceum employees are obliged to return the documents to you. Write a statement to the director of the lyceum demanding the return of the documents.

In case of refusal, contact me, I will help you appeal the actions of the lyceum employees and return the documents.

20.06.2023 11:14

You must inform the management that the official investigation must be completed within one month from the date of his appointment as a commander (chief). In some cases, this period can be extended by the commander (chief) who appointed the official investigation, or by the senior commander (chief), but not more than one month.

The total term of official investigation cannot exceed two months.

The period of official investigation does not include the time spent by the military serviceman, in relation to whom the investigation is being conducted, on leave, on medical treatment or the time of absence for other valid reasons.

Therefore, if the course of the investigation is more than 2 months and there are no grounds for its continuation, you can appeal such actions of the management by filing a corresponding complaint.