Photo of sikorsky.y.o
14.06.2023 09:34

According to Art. 50 of the Law of Ukraine "On Notary", a notarial act or refusal to perform it is appealed to the court. The person whose rights and interests are affected by such actions has the right to challenge a notarial act or refusal to perform it.

Thus, you can appeal the refusal to perform a notarial act (refusal to issue a certificate of the right to inheritance) to the court.

In the case of filing a lawsuit against a private notary, the private notary will be the defendant. In case of claims against the state notary public, the relevant state notary office will be the defendant. This is explained by the fact that a public notary has a special status as an employee of a legal entity, namely a public notary office, in addition to the general status of a notary public. Cases related to the appeal of notarial acts or refusal to perform them are considered in the manner of civil proceedings according to the location of the relevant state notary office.

14.06.2023 09:11

You need to consider the following.

Until December 31, 2023, only natural persons-citizens of Ukraine will have the opportunity to conduct operations on the purchase and sale of land, however, their volume cannot exceed 100 hectares per person.

From January 1, 2024, legal entities will be able to purchase agricultural land with a limit of 10,000 hectares.

However, this opportunity will be available only to Ukrainian companies whose participants or shareholders are exclusively citizens of Ukraine, the state or territorial communities. Foreigners, stateless persons and foreign legal entities will be able to use this right only if Ukrainians support such a decision in a referendum.

13.06.2023 22:48

You, as the owner of the land plot, can independently order the production of technical documentation for the land plot from the land management organization.

Land management documentation can be ordered by state authorities, the Council of Ministers of the Autonomous Republic of Crimea, local self-government bodies, land owners and land users, as well as other legal entities and individuals (Article 26 of the Law of Ukraine "On Land Management").

13.06.2023 22:30

To provide an accurate and detailed answer, please send me the loan agreement.

However, in general, I can report the following.

Confidential information about a natural person includes:

  • nationality;

  • education;

  • marital status;

  • religious beliefs;

  • health status;

  • address, date and place of birth.

The Constitutional Court of Ukraine considered confidential information about a natural person, in addition to the above, also information about his property status and other personal data (decision of the Constitutional Court of Ukraine dated October 30, 1997 No. 5-zp).

Therefore, the information that an individual provides to the bank is confidential. Confidential information may be disseminated at the request (consent) of the relevant person in the manner determined by it in accordance with the conditions stipulated by it, as well as in other cases determined by law (part 2 of Article 21 of the Law of Ukraine "On Information").

In connection with the above, you can appeal such actions of the bank to the court.

Collectors do not have the right to forcefully collect debts, but they have the right to apply to the court for the purpose of collecting the debt assigned to them and, in the case of a positive court decision, to apply to the executive service for debt collection.

Provided all the necessary documents are provided, the debtor has the opportunity to independently apply to the court regarding the terms of the contract. In particular, he may require a detailed statement and justification of the debt. Since collectors usually do not have adequate evidence, it will be difficult for them to prove their case. In addition, you can build your legal position on the fact that this contract is inextricably linked to the persons who concluded it, and, accordingly, the transfer of debts according to this contract was impossible.

13.06.2023 17:41

You need to send them a claim for damages first. After their refusal - apply to the court with a claim for compensation for material damage.

According to Article 1166 of the Civil Code of Ukraine, property damage caused by illegal actions shall be compensated in full by the person who caused it.

In accordance with the clarifications provided in the Resolution of the Plenum of the Supreme Court of Ukraine No. 6 of 27.03.1992 "On the Practice of Consideration by Courts of Civil Cases on Compensation for Damage", when considering lawsuits for compensation of damage, courts must bear in mind that damage caused to a person and property citizen, is subject to compensation in full by the person who caused it, provided that the latter's actions were unlawful, there is a direct causal connection between them and the damage, and the said person is at fault.

In the statement of claim, it is necessary to describe the direct causal connection between the illegal act of the perpetrator of the damage and the damage caused to you, with reference to the evidence.

In the absence of a causal connection, factual data on the existence of other elements of the composition of a civil offense (illegal act, fault, damage) lose their evidentiary value as insufficient to justify a claim for compensation for damage.

If you need help in recovering damages caused by REM electricians, please contact me, I will be happy to help.

13.06.2023 17:31

All changes that affect the amount of assistance must be reported to the Department of Social Affairs. protection within 30 calendar days. Thus, about marriage registration as well.

13.06.2023 17:25

If you give birth to a child on the territory of Ukraine, then according to clause 1 of article 6 of the Law of Ukraine "On the Citizenship of Ukraine" this is the basis for her to acquire the citizenship of Ukraine.

In accordance with Article 7 of the above-mentioned law, the following circumstances of acquiring Ukrainian citizenship by birth are defined:

  • A person whose parents or one of the parents were citizens of Ukraine at the time of his birth is a citizen of Ukraine.

  • A person who was born on the territory of Ukraine from stateless persons who legally reside on the territory of Ukraine is a citizen of Ukraine.

  • A person who was born outside of Ukraine to stateless persons who permanently legally reside in the territory of Ukraine, and who did not acquire the citizenship of another state by birth, is a citizen of Ukraine.

  • A person who was born on the territory of Ukraine to foreigners legally residing on the territory of Ukraine, and who did not acquire the citizenship of either of his parents by birth, is a citizen of Ukraine.

  • A person who was born on the territory of Ukraine, one of whose parents was granted refugee status in Ukraine or asylum in Ukraine, and did not acquire the citizenship of either parent at birth or acquired the citizenship of the parent who was granted refugee status in Ukraine or asylum at birth Ukraine, is a citizen of Ukraine.

  • A person who was born on the territory of Ukraine from a foreigner and a stateless person who legally resides on the territory of Ukraine, and who did not acquire the citizenship of the parent who is a foreigner by birth, is a citizen of Ukraine.

  • A newborn child found on the territory of Ukraine, both of whose parents are unknown (found), is a citizen of Ukraine.

  • A person who has the right to acquire Ukrainian citizenship by birth is a citizen of Ukraine from the moment of birth.

13.06.2023 17:17

They won't take it away. In addition, you can make a power of attorney for anyone at the consulate of Ukraine (or a foreign notary with further legalization), so that he/she takes the necessary actions for the privatization of the apartment on your behalf.

13.06.2023 16:06

Land owners and land users pay land tax from the date of ownership of a land plot, and in case of termination of ownership or use, land tax is paid for the actual period of ownership of the land in the current year. Therefore, after the sale of the land plot, the land tax is not charged.

Land tax is paid by individuals within 60 days from the date of delivery of the tax notice-decision.

In addition, I would like to inform you that the land tax (for 2022) in 2023 must be paid by the owners of land plots (shares) and permanent land users - individuals and legal entities (Article 14.1.72 of the Tax Code of Ukraine, Article 269.1 of the PKU). However, due to Russia's armed aggression, land fees are temporarily not charged or paid for certain plots of land.

13.06.2023 15:56

No you can not.

The real estate object together with the land plot constitutes a single integrity, which determines that the land plot is inseparably connected with this real estate object and follows it. Accordingly, if a building is erected on the land, it will not be possible to sell the plot separately from this building either.