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13.06.2023 09:37

Border crossing is regulated by the Resolution of the CMU on the Rules for Crossing the State Border by Citizens of Ukraine.

The decision to leave Ukraine for volunteers is made by the Ministry of Infrastructure or regional, Kyiv city military administrations in the presence of appropriate justification regarding the volume of cargo and the number of vehicles required for their transportation, in letters from any of such bodies, enterprises, institutions, organizations, institutions :

  • military, law enforcement agencies;

  • military administrations;

  • medical institutions;

  • senders or recipients of humanitarian aid.

The Ministry of Infrastructure or the regional and Kyiv city military administrations send to the administration of the State Border Service a decision on the departure of persons outside of Ukraine to be taken into account during their departure from Ukraine.

Citizens of Ukraine and drivers who have received permits and necessary documents can travel abroad for a period of 30 calendar days from the day of the first border crossing.

13.06.2023 09:23

You can issue a power of attorney for the representation of your interests regarding the division of property both at a notary (however, it will need to be legalized on the territory of Ukraine) and at the consulate of Ukraine (in accordance with the Regulation on the procedure for performing notarial acts in diplomatic missions and consular institutions of Ukraine)

Another, quite convenient option for property division (from abroad) is to enter into an agreement on the provision of legal assistance with a lawyer to represent your interests in the matter of property division. A contract with a lawyer can be concluded online without any problems. On the basis of the contract concluded with you, the lawyer will be able to take all the necessary actions for the division of property on the territory of Ukraine on your behalf.

As for the power of attorney for the sale of the car, you can also make it both at a foreign notary and at consular institutions of Ukraine (clause 1.3. Regulations on the procedure for notarial acts in diplomatic missions and consular institutions of Ukraine)

13.06.2023 09:09

You may use this agricultural machinery and its built-in programs without any problems, but you may not pass off these programs as your own and sell them.

12.06.2023 23:06

Adding OTP Bank or any other bank to the list of international war sponsors does not result in its closure.

Adding to the list of international sponsors of war will clearly have a negative impact on the reputation of a financial institution or other company or organization, both in Ukraine and around the world. Considering this, many international companies seek to significantly reduce or completely stop their presence on the Russian market, even at the risk of financial losses. This is due to the fact that in the future damages from "damaged reputation" may be much greater.

12.06.2023 16:39

The Law of Ukraine "On ensuring the safety of persons participating in criminal proceedings" (hereinafter - the Law) is in force in Ukraine.

In accordance with Article 1 of the aforementioned Law, ensuring the safety of persons participating in criminal proceedings, i.e. in the detection, prevention, termination, disclosure or investigation of criminal offenses, as well as in the judicial review of criminal proceedings, is the implementation by law enforcement bodies of legal, organizational and technical and other measures aimed at protecting the life, housing, health and property of these persons from illegal encroachments, in order to create the necessary conditions for the proper administration of justice.

In accordance with Article 2 of the Law, the right to ensure security through the application of measures specified in Articles 1 and 7 of this Law, if there are appropriate grounds, including a witness, a whistleblower.

According to Article 7 of the Law, security measures are:

  1. personal protection, protection of housing and property;

  2. issuance of special means of personal protection and notification of danger;

  3. use of technical means of monitoring and listening to telephone and other conversations, visual observation;

  4. replacement of documents and change of appearance;

  5. change of place of work or study;

  6. relocation to another place of residence;

  7. placement in a pre-school educational institution or an institution of social protection bodies;

  8. ensuring confidentiality of personal information;

  9. closed court proceedings.

12.06.2023 16:39

According to Art. 303 of the Criminal Procedure Code defines the list of decisions, actions and inactions that can be appealed at the stage of pre-trial investigation. However, it is impossible to appeal the obviously illegal actions and decisions of the investigator/prosecutor during the search.

There are several practical recommendations that can help business owners simplify the search procedure and minimize the negative consequences associated with such investigative measures.

First of all, it is recommended to make a phone call to the lawyer and inform him about the intention to conduct an investigative action in the premises of your enterprise. It should be noted that the search may begin before the arrival of the lawyer, however, regardless of the time of his arrival, the investigator is obliged to allow the lawyer to participate in the search procedure. It does not make sense to be hostile to the search, since in this case physical measures of influence can be applied both to the persons obstructing and to the property.

The second aspect is that the search can be carried out only on the basis of the decision of the investigating judge, except in special cases. Therefore, it is important to first check the correctness of the indicated address of the place of search and the validity period of such decision. Usually, the decision of the investigating judge is valid for one month. If inaccuracies are found in the address or the validity period of the decision has expired, the search cannot be carried out.

The third aspect is the clear establishment of information about all persons participating in the investigative action. Only an investigator (detective) can carry out a search, while other persons, such as operatives, do not have the right to such powers. If the search is conducted by an operative, this is considered a violation that must be recorded in the protocol.

The fourth aspect is to prevent a personal search of a person before the arrival of a lawyer. This includes not checking the contents of pockets, handbags or briefcases. A personal search can be carried out only by an investigator of the same sex, in the presence of the person to be searched and their lawyer.

The fifth aspect is the need to clearly enter all seized objects and documents into the protocol in such a way that they can be clearly identified. Do not use generic descriptions such as "green folder" or similar.

A separate point is the possibility of own video recording during the investigative action. It is worth remembering that the device on which you are recording can also be seized during the search.

It is important to record all violations committed by the investigator during the search.

The most common violations include:

  1. seizure of mobile phones, if they were provided for viewing and copying information;

  2. seizure of a person's belongings during a search without following the appropriate procedure;

  3. seizure of money and personal property unrelated to the crime;

  4. the actual search is not conducted by an investigator, but by an operational officer;

  5. absence of witnesses at the place of search;

  6. limitation of the lawyer's rights or his non-admission.

In practice, the investigator (detective) can seize any property during the search that he deems necessary, with the exception of electronic devices for storing information (phones, disks, flash drives, computers, etc.). Seizure of such devices is allowed only in cases where they are specified in the decision of the investigating judge on permission to conduct a search.

12.06.2023 16:38

These are two different documents and it is impossible to say which is better.

Testament is a personal order of a person (testator) regarding the property he owns, property rights and obligations in the event of his death. The legal validity of the will begins from the moment of the testator's death or from the date of entry into legal force of the court's decision declaring him dead.

Real estate donation contract is a contract under which one party to the contract (donor) transfers ownership of real estate to another party (donee), while the recipient receives this real estate (gift) free of charge. (Chapter 55 of the Civil Code of Ukraine)

12.06.2023 14:17

According to part 3 of Art. 36 of the Labor Code, in the event of a change in the owner of the enterprise, as well as in the event of its reorganization (merger, merger, division, allocation, transformation), the validity of the employee's employment contract continues. Termination of the employment contract at the initiative of the owner or a body authorized by him is possible only in the event of a reduction in the number or staff of employees (Clause 1, Part 1, Article 40 of the Labor Code).

In case of reorganization, the legal entity is also terminated. However, the possibility of dismissing employees in case of reorganization of the enterprise is allowed only under the condition of reducing the staff or the number of employees. The right to determine the number and status of employees belongs only to the owner or a body authorized by him.

In the case of dismissal in the order of transfer, the direct reason for termination of the employment contract is Clause 5, Part 1, Art. 36 of the Labor Code of Ukraine — transfer of an employee with his consent to another enterprise, institution, organization or transfer to an elected position.

An employee dismissed upon transfer has a number of guarantees, in particular, the following:

  • an employee invited to work in the procedure of transfer cannot be refused an employment contract (Part 5 of Article 24 of the Labor Code);

  • such an employee cannot be given a probationary period (Part 3 of Article 26 of the Labor Code);

  • the possibility of maintaining seniority, which gives the right to annual basic leave;

  • the possibility under certain circumstances, in particular those stipulated by the collective agreement, to retain a number of other social benefits.

12.06.2023 14:00

Registration of inheritance through recognition of the right of ownership by the court is allowed only if this right cannot be protected in a notarial procedure. The relevant legal position was expressed by the Supreme Court in the resolution dated September 22, 2021 in case No. 227/3750/19.

In accordance with Article 11-1 of the Law of Ukraine "On Ensuring the Rights and Freedoms of Citizens and the Legal Regime in the Temporarily Occupied Territory of Ukraine" (in order to ensure the implementation of the right to inheritance in the temporarily occupied territory), in the event that the testator's last place of residence is the temporarily occupied territory, the place of opening of the inheritance is the place of submission of the first application, which testifies to the declaration of will regarding the inherited property, heirs, executors of the will, persons interested in the protection of the inherited property, or the demands of creditors.

Performance of notarial actions regarding inheritance cases that were registered in the Inheritance Register before the beginning of the temporary occupation, but not completed, is carried out by any notary in the territory under the control of the Government of Ukraine at the request of the heir.

12.06.2023 13:05

In order to register the place of residence of a child who has not reached the age of 14, an application may be submitted by one of the parents. However, the mandatory written consent of the second parent is required. In the case when the application is submitted by only one parent, it is necessary to additionally provide the notarial consent of the second parent.

Registration of the place of residence of minors aged from 14 to 18 years takes place in the general manner, taking into account certain provisions.

First, a person who has reached the age of 14 has the right to independently choose a place of residence, subject to the restrictions established by the Law of Ukraine "On Freedom of Movement and Free Choice of Residence in Ukraine". According to the Family Code of Ukraine, a minor child at the age of 14 can determine his place of residence with one of his parents, depending on his own decision.

Secondly, a person between the ages of 14 and 18 submits his own passport as the main document in which information about the place of residence is entered. If the minor has reached the age of 16 and is on military registration, it is additionally necessary to provide a certificate of registration.

When changing the place of registration, male minors over the age of 16 must first be removed from military registration. Parents or legal representatives can also apply for registration of the place of residence of a minor between the ages of 14 and 18.