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12.06.2023 12:54

In accordance with Article 616 of the Criminal Procedure Code of Ukraine, people who are suspected or accused of committing a criminal offense and for whom a preventive measure in the form of detention in custody has been chosen have the opportunity to apply to the prosecutor for the cancellation of such a preventive measure for further conscription service during mobilization.

Persons suspected of committing crimes against the foundations of national security of Ukraine and crimes provided for in a number of articles do not have the above-mentioned right, in particular, intentional murder, rape, illegal deprivation of liberty or kidnapping, etc.

According to the letter of the Ministry of Justice dated May 10, 2023: "Prisoners held in the institutions of the State Criminal Enforcement Service of Ukraine were not involved in the work of ensuring defense measures and eliminating the consequences of hostilities."

Currently, prisoners can be sent to the front if they are pardoned or paroled.

12.06.2023 09:30

In order not to come to Ukraine in person, you can issue a power of attorney to someone so that he/she goes to the bank and writes the appropriate statement on your behalf.

You can make a power of attorney abroad at the consulate of Ukraine or at a local notary.

To submit documents at the consulate, you must first make an appointment for a visit. Be informed that there are no specific deadlines for the appointment of a visit. Sometimes a long wait may be required, but it is worth your effort, since the power of attorney issued by the consular office does not require additional certification in Ukraine.

Powers of attorney issued by foreign notaries are also legally binding, but usually require an apostille (legalization) procedure. The apostille procedure is carried out by the relevant authority of the country where the document was issued.

12.06.2023 09:21

The notary says everything correctly.

The Law of Ukraine "On Notaries" in its provisions specifies that a notary when performing notarial acts uses the information of unified and state registers by direct access to them.

10.06.2023 22:08

There are a large number of types of contracts. In order to give you an accurate answer, it is necessary that you write the exact name of the contract.

In general, according to Article 203 of the Civil Code of Ukraine:

  1. The content of the transaction may not contradict this Code, other acts of civil legislation, as well as the interests of the state and society, its moral principles.

  2. The person who commits the deed must have the required amount of civil legal capacity.

  3. The expression of will of the participant in the transaction must be free and correspond to his inner will.

  4. The transaction must be performed in the form established by law.

  5. The deed must be aimed at the actual occurrence of legal consequences, which are caused by it.

  6. The act committed by the parents (adoptive parents) cannot conflict with the rights and interests of their minor, minor or incapacitated children.

10.06.2023 21:58

The first thing you need is to apply in writing to the counterparty with a demand for compensation for damages, justifying the demand with reference to a specific clause of the contract and/or article of the law.

This must be done because, in accordance with clause 6, part 3, article 175 of the Civil Code, the statement of claim must contain information on taking measures for pre-trial settlement of the dispute, if such were carried out, including, if the mandatory pre-trial dispute settlement procedure is defined by law.

In the future, if the counterparty illegally refuses to compensate you for damages, they will file a claim with the court, in which it will be necessary to justify their claims and provide relevant evidence.

The requirements for a claim statement are defined in Article 175 of the Civil Code of Ukraine - https://zakon.rada.gov.ua/laws/show/1618-15/conv#n7328

10.06.2023 21:44

The first thing you need to do is to declare your right to a lawyer, to receive professional legal assistance.

The suspect has the right to:

  1. to know what criminal offense he is suspected or accused of committing;

  2. to be clearly and timely notified of their rights provided for by the Criminal Procedure Code of Ukraine, as well as to receive their clarification;

  3. on the first request to have a defense attorney and a meeting with him regardless of the time on working days, weekends, holidays, non-working days before the first questioning with the observance of conditions that ensure the confidentiality of communication, as well as after the first questioning - meetings without a time limit and quantities on working days, weekends, holidays, non-working days; on the defense counsel's participation in the interrogation and other procedural actions; on the refusal of the defense counsel at any moment of the criminal proceedings; to obtain legal assistance of a defender at the expense of the state in cases provided for by the Code of Criminal Procedure of Ukraine and/or the law regulating the provision of free legal assistance, including in connection with the lack of funds to pay for such assistance;

  4. not to say anything about the suspicion against him, the accusation or refuse to answer questions at any time;

  5. give explanations, statements regarding suspicion, accusation or at any time refuse to give them;

  6. demand verification of the reasonableness of the detention;

  7. in the case of detention or the application of a preventive measure in the form of detention - to immediately notify family members, close relatives or other persons about the detention and their place of stay in accordance with the provisions of Article 213 of the Criminal Code of Ukraine;

  8. to collect and submit evidence to the investigator, prosecutor, investigating judge;

  9. participate in the conduct of procedural actions;

  10. during procedural actions, ask questions, submit comments and objections regarding the order of actions, which are recorded in the protocol;

  11. to use technical means in compliance with the requirements of the Criminal Procedure Code of Ukraine when conducting procedural actions in which he participates. The investigator, prosecutor, investigative judge, court have the right to prohibit the use of technical means during the conduct of a separate procedural action or at a certain stage of criminal proceedings for the purpose of non-disclosure of information that contains a secret protected by law or relates to the intimate life of a person, about which it is ruled (decided) reasoned resolution (resolution);

  12. to file a request for procedural actions, to ensure security for oneself, one's family members, close relatives, property, housing, etc.;

  13. to declare objections;

  14. to get acquainted with the materials of the pre-trial investigation in accordance with the procedure provided for in Article 221 of the Criminal Code of Ukraine, and to demand the opening of materials in accordance with Article 290 of the Criminal Code of Ukraine;

  15. receive copies of procedural documents and written messages;

  16. appeal the decisions, actions and inaction of the investigator, prosecutor, investigating judge in the manner provided for by the Code of Criminal Procedure of Ukraine;

  17. to demand compensation for damage caused by illegal decisions, actions or inaction of a body that carries out operational investigative activities, pre-trial investigation, prosecutor's office or court, in the manner determined by law, as well as restoration of reputation, if suspicions and accusations are not confirmed;

  18. use his native language, receive copies of procedural documents in his native language or another language that he speaks, and if necessary, use the services of an interpreter at the expense of the state;

  19. a suspect, who is a foreigner and is in custody, has the right to meet with a representative of the diplomatic or consular institution of his country, which he is obliged to provide by the administration of the place of detention.

Preventive measure in the form of detention is applied:

  1. To a person who is suspected or accused of committing a crime, for which the law provides for the main punishment in the form of a fine in the amount of more than three thousand non-taxable minimum incomes of citizens, — only if the prosecutor, in addition to the grounds provided for in Article 177 of the Criminal Procedure Code of Ukraine , it will be proven that the suspect, the accused did not fulfill the duties assigned to him when applying another, previously selected preventive measure, or did not fulfill in the prescribed manner the requirements for depositing funds as a deposit and providing a document confirming this;

  2. To a previously convicted person who is suspected or accused of committing a crime for which the law provides for a penalty of imprisonment for a term of up to three years, only if the prosecutor, in addition to the existence of grounds provided for in Article 177 of the Criminal Procedure Code of Ukraine, proves that, while at large, this person hid from the pre-trial investigation body or the court, obstructed criminal proceedings, or was notified of the suspicion of committing another crime;

  3. To a previously unconvicted person who is suspected or accused of committing a crime punishable by imprisonment for a term of up to five years, only if the prosecutor, in addition to the grounds provided for in Article 177 of the Code of Criminal Procedure of Ukraine, it will be proven that, while at large, this person hid from the pre-trial investigation body or the court, obstructed criminal proceedings, or was notified of the suspicion of committing another crime;

  4. To a previously unconvicted person who is suspected or accused of committing a crime punishable by imprisonment for a term of more than five years;

  5. To a previously convicted person who is suspected or accused of committing a crime punishable by imprisonment for a term of more than three years;

  6. To a person who is wanted by the competent authorities of a foreign state for a criminal offense, in connection with which the issue of extradition (extradition) of a person to such a state for prosecution or execution of a sentence may be decided, in the manner and on the grounds provided for in the section IX KPK of Ukraine or an international treaty, the binding consent of which has been given by the Verkhovna Rada of Ukraine.

Interrogation is a procedural action regulated by criminal procedural norms, and is an informational and psychological process of communication between participants, aimed at obtaining information about the facts known to the person being questioned and that are important for establishing the truth in the case.

According to Article 224 of the Criminal Procedure Code of Ukraine, the interrogation is conducted at the place of the pre-trial investigation or in another place with the consent of the person who is planned to be interrogated. Each witness is questioned separately, without the presence of other witnesses.

Interrogation may not last more than two hours without a break, and in general may not exceed eight hours per day.

Before the interrogation, the person is identified, his rights are explained to him, as well as the procedure of the interrogation. In the case of questioning a witness, he is criminally liable for refusing to testify or giving knowingly false testimony, and the victim - for giving knowingly false testimony. If necessary, an interpreter can be involved.

The indictment is drawn up by the investigator, after which it is approved by the prosecutor. The prosecutor can also draw up an indictment in case of disagreement with the act drawn up by the investigator.

The indictment must contain mandatory information provided for by the Code of Criminal Procedure, in particular:

  • personal data of the accused and the victim;

  • a statement of the actual circumstances of the crime, considered proven by the prosecutor, the legal qualification of the crime with reference to the provisions of the Criminal Code and the wording of the indictment;

  • circumstances that aggravate or mitigate punishment;

  • the amount of damage caused by a criminal offence;

  • costs of attracting experts.

The indictment is signed by the investigator and the prosecutor who approved it, or only by the prosecutor, if he drew up the act himself.

The following are attached to the indictment:

  • register of pre-trial investigation materials;

  • a civil lawsuit, if one was filed;

  • signed receipt of the suspect about receiving a copy of the indictment and other documents;

  • other specified documents.

The prosecutor is obliged to provide a copy of the indictment to the suspect, his lawyer and legal representative, confirming it with his signature.

The accused (defendant) in Ukraine is a person against whom the indictment has been submitted to the court.

The court has the right to return the indictment to the prosecutor if it does not meet the requirements of the Criminal Procedure Code.

The trial is conducted only within the framework of the accusation set out in the indictment.

10.06.2023 20:13

To obtain legal assistance, you can contact any lawyer and conclude a contract on the provision of legal assistance with him.

There is also an opportunity to receive legal aid within the framework of the state program "Free Legal Aid", in accordance with the Law of Ukraine "On Free Legal Aid".

During the pre-trial investigation, the victim has the right:

  • for the immediate acceptance and registration of a statement about a criminal offense, recognizing it as a victim;

  • receive from the authorized body to which he submitted the application, a document confirming its acceptance and registration;

  • submit evidence to support your statement;

  • to participate in investigative (search) and other procedural actions, during which they ask questions, submit their comments and objections to the procedure for conducting the action, which are entered in the protocol, as well as to familiarize themselves with the protocols of investigative (search) and other procedural actions performed with his participation;

  • to receive copies of materials directly related to the criminal offense committed against him, after the end of the pre-trial investigation.

During criminal proceedings, the victim has the right:

  • to be informed about one's rights and obligations provided for by the Criminal Procedure Code of Ukraine;

  • to know the essence of the suspicion and accusation, to be informed about the selection, change or cancellation of the measures to ensure the criminal proceedings and the end of the pre-trial investigation in relation to the suspect, the accused;

  • submit evidence to the investigator, prosecutor, investigating judge, court;

  • to file objections and petitions;

  • if there are relevant reasons - to ensure safety for oneself, close relatives or members of one's family, property and housing;

  • give explanations, statements or refuse to give them;

  • appeal the decision, actions or inaction of an investigator, prosecutor, investigating judge, court in the manner provided by the Code of Criminal Procedure of Ukraine;

  • to have a representative and at any moment of the criminal proceedings to refuse his services;

  • to give explanations and testimony in his native language or another language that he is fluent in, to use the services of an interpreter free of charge at the expense of the state if he does not speak the state language or the language in which criminal proceedings are conducted;

  • for compensation for damage caused by a criminal offense in the manner prescribed by law;

  • get acquainted with the materials that directly relate to the criminal offense committed against him, in the manner prescribed by the Criminal Procedure Code of Ukraine, including after opening the materials in accordance with Article 209 of the Criminal Procedure Code of Ukraine, as well as familiarize with the materials of the criminal proceedings that directly relate to the criminal offense committed against him , in case of closure of this proceeding;

  • use technical means in compliance with the requirements of the Criminal Procedure Code of Ukraine when conducting procedural actions in which he participates. The investigator, prosecutor, investigating judge, court has the right to prohibit the victim from using technical means when conducting a separate procedural action or at a certain stage of criminal proceedings in order not to disclose data that contain a secret protected by law or relate to the intimate aspects of a person's life, which is ruled (decided) reasoned resolution (resolution);

  • receive copies of procedural documents and written notices in cases provided for by the Code of Criminal Procedure of Ukraine;

  • exercise other rights provided for by the Code of Criminal Procedure of Ukraine.

During court proceedings, the victim has the right:

  • to be informed in advance about the time and place of the trial;

  • participate in court proceedings;

  • participate in direct verification of evidence;

  • support the prosecution in court in case the prosecutor refuses to support the state prosecution;

  • to express one's opinion when deciding the question of imposing a punishment on the accused, as well as to express one's opinion when deciding the question of applying coercive measures of a medical or educational nature;

  • get acquainted with court decisions, the log of the court session and the technical record of the criminal proceedings in the court;

  • appeal court decisions in accordance with the procedure provided for by the Code of Criminal Procedure of Ukraine.

10.06.2023 20:03

Witness is a natural person who knows or may know the circumstances to be proven during criminal proceedings, and who is summoned to testify (part one of Article 65 of the Criminal Procedure Code of Ukraine). Therefore, you become a witness if you know the circumstances to be proven during criminal proceedings and you are called to testify.

A witness has the following rights within the framework of criminal proceedings:

  1. The right to information: the witness has the right to be informed of the reason and content of the criminal proceedings in which he is being questioned.

  2. The right to legal assistance: a witness may use the services of a lawyer during testimony and participation in any other procedural actions.

  3. The right to refuse to testify: a witness may refuse to testify against himself, his close relatives and family members who may be suspected or accused of committing a criminal offense. He may also avoid answering questions about confidential information.

  4. Language rights: the witness may testify in his native language or in another language that he speaks, as well as use the services of an interpreter.

  5. The right to use notes and documents: a witness can use his notes and documents during his testimony, especially when he needs to refer to calculations or other complex information that he finds difficult to remember.

  6. Financial support: the witness has the right to be reimbursed for the costs associated with his subpoena to testify.

  7. The right to read the protocol of the interrogation: the witness can read the protocol of his interrogation and submit a request for changes, additions or comments to it. He also has the right to independently make such additions and comments.

  8. The right to safety: a witness may file a petition to ensure his personal safety in the event that this is provided for by law.

  9. The right to an interpreter: a witness may declare the need for the presence of an interpreter in accordance with the first part of Article 66 of the Criminal Procedure Code of Ukraine.

In turn, the witness also has certain duties:

  1. to arrive upon summons to an investigator, prosecutor, investigating judge or court;

  2. to give truthful testimony during the pre-trial investigation and trial;

  3. not to divulge, without the permission of the investigator, the prosecutor, the court, information that directly relates to the essence of the criminal proceedings and procedural actions that are carried out (were carried out) during it, and which became known to the witness in connection with the performance of his duties (part two Article 66 of the Criminal Procedure Code of Ukraine).

There is also responsibility of a witness for evading an appearance before an investigator, prosecutor, investigating judge or court and knowingly giving false testimony or refusing to testify to an investigator, prosecutor, investigating judge or court.

10.06.2023 16:38

You need to contact the executive service and familiarize yourself with the case materials in order to understand the grounds on the basis of which the seizure was imposed and the sum of UAH 3,300 is charged.

If you are sure that you have settled the debts for pension contributions, then provide evidence of settlements to the enforcement service and it will close the enforcement proceedings and cancel the seizure of real estate.

In case of refusal, you can appeal the actions of the executive service to the Ministry of Justice or to the court.

However, I recommend that you contact a lawyer for help, as the issue is not simple. If you need such help, please contact us.

10.06.2023 16:30

The transfer of students from one higher educational institution to another, regardless of the form of study and specialization, is possible only with the consent of the rectors (directors) of both institutions.

Transferring students from one specialized field of training of specialists with higher education to another, or changing the form of education within one higher educational institution, depends on the decision of the rector (director) of this institution.

Of course, the process of transferring students or restoring the status of a student who was previously expelled from a higher education institution is carried out during the summer or winter vacation.

A student who intends to transfer to another higher educational institution must submit an application for transfer to the rector (director) of his current institution, and after receiving written consent, address this application to the rector (director) of the target higher educational institution.

After a positive review of the application and elimination of academic differences, the rector (director) of the target higher educational institution will issue an order allowing the student to continue his studies, and the institution from which the student is transferred will send a request for the transfer of the student's personal file by mail.

The rector (director) of the higher educational institution from which the student is transferred, upon receiving a request, will issue an order to expel the student in connection with his transfer to another higher educational institution, and within a week will send the student's personal file to the address of the target higher educational institution. Copies of the academic certificate, student card, record book and other transferred documents that remain at the primary institution will store information, as well as in the personal files of students.

The rector (director) of the target higher educational institution, after receiving the student's personal file, will issue an order on his enrollment.

Subordinate educational and qualification levels, such as "specialist" and "master", do not provide for the transfer of students from one specialization to another.