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19.06.2023 13:11

In this context, we are probably talking about deprivation of parental rights, since, in accordance with Article 157 of the Family Code of Ukraine, the parent with whom the child lives does not have the right to prevent the parent who lives separately from communicating with the child and participating in her upbringing, if such communication does not interfere with the normal development of the child.

According to Article 164 of the Family Code of Ukraine, a mother and father may be deprived of parental rights if they:

  1. the child was not taken from the maternity hospital or from another health care institution and for 6 months did not show parental care for it (without a valid reason);

  2. shirk their responsibilities regarding raising a child and/or ensuring that he/she obtains a full general secondary education;

  3. mistreat the child (use physical or mental violence, impermissible methods of upbringing, degrade the human dignity of the child, etc.);

  4. are chronic alcoholics or drug addicts (these facts must be confirmed by appropriate medical reports);

  5. resort to any type of exploitation of the child (for example, involve him in hard work, engage in prostitution or criminal activities), force him to beg and wander;

  6. Convicted of committing an intentional criminal offense against a child.

Deprivation of parental rights is allowed only in relation to children who have not reached the age of 18.

To revoke parental rights, you must do the following:

  • establish that the person knowingly violates parental duties, maliciously fails to comply with the requirements and recommendations of guardianship and guardianship authorities, services for minors, deliberately evades treatment (chronic alcoholics, drug addicts, drug addicts) and collect all the necessary supporting evidence;

  • apply to the guardianship and guardianship authority in order to obtain an opinion on the child's living and upbringing conditions, the parents' behavior, their relationship with the children, and their attitude towards fulfilling their parental duties;

  • apply to the court with a claim for deprivation of parental rights and receive a decision adopted by the court based on the results of the review.

After the decision of the court on the deprivation of parental rights has entered into force, the court sends it to the state registration body of civil status acts at the place of registration/birth of the child.

The following must be added to the statement of claim:

  • child's birth certificate;

  • certificate confirming marriage or divorce certificate (court decision on divorce);

  • power of attorney to represent the interests of the child (if the lawsuit is filed by the guardianship council or an educational/medical institution);

  • act of inspection of household and living conditions at the address of the child's residence;

  • conclusion of the body of guardianship and care about the validity of filing a lawsuit;

  • court decision on the collection of alimony (if such obligations were previously imposed on the defendant);

  • information from the executive service about the existence of debt for alimony payments, violation of executive proceedings, criminal proceedings;

  • certificate from the educational institution (that the child's father did not take the child away, was not interested in the child's physical, spiritual, moral development)

  • court verdict (if the defendant was convicted of alimony evasion, beating a child, improper performance of parental duties, etc.);

  • information from the police about facts of ill-treatment of a minor or another family member;

  • a certificate from a drug addiction treatment facility stating that the defendant has diseases related to alcoholism and drug addiction;

  • explanation, testimony;

  • audio, photo, video files.

19.06.2023 09:42

You can make a power of attorney abroad in the following ways:

  • To certify the power of attorney at the consular institutions of Ukraine abroad;

  • Certify the power of attorney from a foreign notary (subject to certification with an apostille stamp, if they are drawn up on the territory of the member states of the Convention Abolishing the Requirement for Legalization of Foreign Official Documents, 1961 (list of countries at the link https://mfa.gov.ua/ consul/forua/legalization/apostille))

After receiving the power of attorney, send it to the territory of Ukraine for further execution of the donation contract.

PS.

  • There is no need for additional certification of powers of attorney if they are drawn up on the territory of a state with which Ukraine has relevant bilateral or multilateral agreements. Such agreements exist with the following countries: Bulgaria, Georgia, Estonia, Latvia, Lithuania, Macedonia, Moldova, Poland, Romania, Uzbekistan, Czech Republic, Serbia;

  • There is no need for additional certification of powers of attorney if they were drawn up with the CIS member states (the Republic of Azerbaijan, the Republic of Uzbekistan, the Republic of Kazakhstan, the Republic of Tajikistan, the Republic of Armenia, the Kyrgyz Republic, the Republic of Moldova, Georgia and Turkmenistan) before 05/18/2024. After 05/18/2024 - only with the presence of an apostille, unless otherwise established by the agreement between Ukraine and the relevant state (except Russia and Belarus);

19.06.2023 09:34

YES, the layoff affects benefits and you will be entitled to low-income benefits, subject to the following conditions.

Low-income families are guaranteed to receive social assistance from the state. A low-income family is a family that has an average monthly total income lower than the subsistence minimum for a family. Therefore, families with an average monthly total income less than the subsistence minimum for the family can receive social state assistance.

The amount of assistance is assigned for six months and is calculated as the difference between the subsistence minimum for the family and the average monthly total income of a low-income family.

19.06.2023 09:19

In accordance with the Law of Ukraine "On Public Procurement", state authorities regularly purchase the property they need. On the website https://prozorro.gov.ua/ you can familiarize yourself with the above and sell your property to the state.

You can also waive ownership. In order to voluntarily terminate the right of ownership of real estate, the owner should apply to the subject of state registration or a notary with a corresponding application. Clause 76 of the Procedure for Registration of Property Rights to Immovable Property and Their Encumbrances, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1127 of 12.25.2015, establishes that for state registration of the termination of ownership of immovable property in connection with the owner's renunciation of ownership, a document must be submitted, which certifies the right of ownership of the object of immovable property.

As a result of the examination of the application, the state registrar makes a decision on the registration of ownerless real estate or a decision on refusal to register it. The state registrar, as a result of the decision made regarding the registration of ownerless real estate, enters the relevant information into a special section of the State Register of Rights.

Also, in accordance with Art. 140 of the Land Code of Ukraine, the owner's voluntary relinquishment of the right to a land plot is grounds for terminating the ownership right to a land plot. The procedure for voluntary relinquishment of ownership or the right to permanent use of a land plot is determined by Art. 142 of the Land Code of Ukraine.

After considering the application, the executive authority or the local self-government body makes a decision on granting consent to obtain ownership of the land plot or refuses to grant consent.

16.06.2023 21:46

If you had a contract with a "private hospital" with a detailed description of the essential conditions for the provision of this type of medical services, it is possible to collect funds from the hospital through the court. This category of disputes belongs to consumer protection cases, so the patient has the right not to pay the court fee and file a lawsuit at his place of residence or at the place of the operation.

However, if no contract was concluded, then the situation will be as follows.

As practice shows, when trying to bring an unscrupulous medical professional to justice, surgeons often claim that they did not violate the requirements of the law. During the defense, the perpetrator of the medical error can claim that he did everything that depended on him to achieve a successful result, but an accident or the characteristics of the patient's body are responsible for the negative result. Moreover, no one forced the patient to undergo the operation, the possible risks were foreseen for him.

In solving the issue of compensation, the key is to establish the fault of the doctor. It is extremely important to find out whether all possible measures were taken by the doctor to achieve the desired result for the patient. Was no mistake made through carelessness or self-confidence.

16.06.2023 21:11

Liability for a knowingly false call to special services (183 of the Code of Administrative Offenses) arises in the presence of an administrative offense.

Composition of an administrative offense under Art. 183 of the Administrative Procedure Code is as follows:

  1. The object of this administrative offense is public relations in the sphere of public order protection.

  2. The Objective side of the offense is expressed in a knowingly false call to the fire department, police, ambulance or emergency services (material composition).

  3. Subject of an administrative misdemeanor - general (natural criminal who has reached the age of 16).

  4. The subjective side of the offense is determined by the attitude to the consequences and is characterized by the presence of guilt in the form of direct intent.

Even if you are issued a fine, you can challenge it in court, since there is no subjective side of an administrative offense, namely: you did not have a direct intention to make a knowingly false call to the police.

According to Part 2 of Art. 77 of the Civil Code of Ukraine, in administrative cases on the illegality of decisions, actions or inaction of a subject of authority the duty to prove the legality of one's decision, action or inaction rests on the defendant.

So, in court, the policeman will have to prove that you had a direct intention to make a knowingly false call to the police, which he will not be able to do.

If you need legal help, please contact us.

16.06.2023 20:50

The right of a person to get acquainted with information about himself is enshrined in the Constitution of Ukraine (Part 3, Article 32). Access to reliable and complete information about one's health is also provided for by the Civil Code of Ukraine (Article 285).

According to the Law of Ukraine "Fundamentals of the Legislation of Ukraine on Health Care", the medical worker is obliged to provide the patient with information about his health, the purpose of the proposed research and treatment measures in an accessible form.

Therefore, based on the above, you can obtain copies of medical documents by submitting a corresponding request to a medical institution.

Regarding access to medical information of other persons, I would like to inform you of the following.

According to Part 1 of Article 286 of the Civil Code of Ukraine, a natural person has the right to secrecy about his state of health, the fact of seeking medical help, diagnosis, as well as information obtained during his medical examination.

Exceptions are established in Part 2 of Art. 285 of the Civil Code of Ukraine, namely: parents (adoptive parents), guardian, custodian have the right to information about the state of health of a child or ward.

16.06.2023 20:32

It is necessary to check it for availability in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations (https://usr.minjust.gov.ua/content/free-search). In the search, you need to write the name of the institution or its EDRPOU code. The presence of a legal entity (medical institution) in this register means that it is officially registered.

Also on the website of the Ministry of Health (https://moz.gov.ua/licenzijnij-reestr) is the License Register of the Ministry of Health of Ukraine for medical practice. The information is available in open data format on the ministry's portal.

16.06.2023 09:34

YES, according to the court's decision, the executive service has the right to foreclose on your property. However, in accordance with Part 7 of Article 48 of the Law of Ukraine "On Enforcement Proceedings", in the event that the amount subject to recovery under enforcement proceedings does not exceed 20 times the minimum salary, the enforcement of the debtor's single home and land the plot on which such housing is located is not carried out. In this case, the executor is obliged to take measures to implement the decision at the expense of other property of the debtor.

As for the collection of the court fee, everything is correct - the party that lost in court pays the court costs incurred by the plaintiff.

It is possible to get acquainted with the document that obliges to pay the court fee directly in the court or in the enforcement service.

16.06.2023 09:28

The definition of "medical error" is not established in any Ukrainian law.

It is possible to assume the following definition of medical error - unintended actions or inaction of doctors that caused harm to health.

The Criminal Code of Ukraine contains approximately ten articles related to the medical field, for the violation of which a doctor can be held criminally liable. Such a situation arises when the doctor's actions or inaction contain signs of a crime.

Depending on the specific circumstances, the doctor's actions may be considered improper performance of professional duties, violation of patients' rights, insufficient medical care, and other similar violations.

And therefore, in each situation, it is necessary to carefully find out what exactly happened: a medical error or a professional criminal offense.

What can be demanded?

  • compensation for material damages – these can be available expenses (payment of additional treatment or care due to a medical error) or lost benefits when the doctor's actions have led to a deterioration of your health, and you can no longer fully work and provide the former standard of living ;

  • compensation for non-pecuniary damage is mental suffering and physical pain you suffered as a result of a medical error. It is important to translate them into a material equivalent and justify them.

You need to prove the fact of improper provision of medical care, the presence of damage and justification of its size, the cause-and-effect relationship between the doctor's actions and the consequences.