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06.06.2023 14:12

The law does not provide ready-made solutions for investing in FOP, therefore, practices for concluding mixed loan agreements, joint activities, provision of services, etc. are usually used.

A loan agreement

By providing financial resources in the form of a loan, the investor can expect to receive profit in the form of interest. This model turns out to be profitable, since the customer undertakes to repay the loan even in case of project failure. At the same time, if the project is successful, the investor does not have the opportunity to increase his profit, because he is limited by the amount of interest income. This investment option is appropriate if the customer is a FOP. However, if there is a need for the investor to secure his share in the business properly (with the possibility of increasing profits in case of business growth), then it is necessary to register a legal entity. individual, LLC or JSC.

Agreement on joint activities

This refers to the specification of the types of contractual relations defined by the Civil Code (Articles 1130 - 1143), and do not require registration of a legal entity.

Individuals and legal entities, as well as sole proprietorships, have the opportunity to enter into agreements. They can jointly engage in activities, using the method of pooling contributions (simple partnership) or without it. It is important to note that this approach is beneficial for the implementation of individual projects. For example, the customer can provide qualified personnel and technology by taking over the administration, while the investor can provide financing and use his business reputation to promote the project in the market.

06.06.2023 14:00

The right to intellectual property is defined as the right of a person to the results of his intellectual creativity or to other objects subject to protection under the law, in particular according to Article 418 of the Civil Code of Ukraine.

Intellectual property law consists of personal non-property rights of intellectual property and/or property rights of intellectual property, the content of which relates to specific objects of intellectual property, defined by the Civil Code of Ukraine and other relevant laws, such as "On Protection from Unfair Competition", "On copyright and related rights", "On the protection of rights to inventions and utility models", "On the protection of rights to industrial designs", "On the protection of rights to signs for goods and services", "On the protection of rights to plant varieties" and others.

The right of intellectual property is inviolable, and no person can be deprived of such right or limited in its realization, except for cases provided by law.

Intellectual property refers to a general concept that includes exclusive rights to the results of creative activity and means of individualization. This covers rights relating to literary, artistic and scientific works, performances of artists, sound recordings, radio and television broadcasts, inventions, industrial designs, trademarks, trade names, etc.

Protection and types of liability for infringement of intellectual property rights

Criminal

According to Article 176 of the Criminal Code of Ukraine, persons who have violated copyright and related rights, in particular through illegal reproduction, distribution of scientific, literary and artistic works, computer programs and databases, as well as illegal reproduction, distribution of performances, phonograms, videograms and broadcasting programs, their illegal copying and distribution on audio and video cassettes, diskettes, other media, may be held criminally liable if the material damage caused is significant.

Article 177 of the Criminal Code of Ukraine provides for criminal liability for infringement of rights to an invention, utility model, industrial design, topography of an integrated microcircuit, plant variety, rationalization proposal, if the material damage caused is significant.

Administrative

According to Article 51-2 of the Code of Ukraine on Administrative Offenses, administrative responsibility applies to violations of rights to intellectual property objects, in particular illegal use of such objects, illegal appropriation of authorship over them or other intentional violations of rights to intellectual property objects, that are protected by law.

Civil law

Protection of intellectual property rights in a civil legal context involves the possibility of going to court. Every person has the right to judicial protection of his intellectual property right.

Forms of protection of intellectual property rights

There are two forms of protection of intellectual property rights:

  1. jurisdictional;

  2. non-jurisdictional.

Non-jurisdictional protection of intellectual property rights includes the actions of legal entities and individuals who independently take measures to protect their rights without recourse to state or other competent authorities. One of the main forms of non-jurisdictional protection is self-defense, which involves active or passive actions of a person in order to prevent or stop the violation of his subjective right.

Jurisdictional form of rights protection involves the activity of state-authorized bodies for the purpose of protecting violated rights to intellectual property objects or contested rights. Its essence is that a person whose rights and legitimate interests have been violated by illegal actions applies for protection to the state or other competent authorities, which have the authority to take the necessary measures to restore the violated right and stop the offense.

The jurisdictional form of protection of rights is divided into general and special forms of implementation of the means of protection provided by law. The general form of protection of intellectual property rights is carried out through court proceedings. A special form of protection of rights to intellectual property objects includes an administrative procedure for the protection of these rights, which is applied only in cases specified by law.

The most effective jurisdictional form of protection of intellectual property rights is judicial protection, which is carried out by courts of general jurisdiction through civil, criminal, administrative and economic proceedings. Judicial protection of rights is carried out in Ukraine on the general principles of judicial procedure.

06.06.2023 11:48

On March 3, 2022, the Law of Ukraine "On ensuring the participation of civilians in the defense of Ukraine" was adopted, the key provisions of which are granting the right to citizens of Ukraine during the period of martial law to participate in repelling and deterring armed aggression of the Russian Federation and/or other states, including obtaining firearms and ammunition for them or using own prize weapons, sporting weapons (pistols, revolvers, rifles, smoothbore guns), hunting rifled, smoothbore or combined weapons and ammunition for her

According to Article 5 of the aforementioned Law, civilians are not responsible for the use of firearms against persons who commit armed aggression against Ukraine, if such weapons are used on the basis and in the manner specified in Article 1 and Article 4 of this Law.

Under normal conditions, it is necessary to obtain permission to store and carry (registration) prize weapons. Issuance of a permit for storage and carrying (registration) of prize weapons is carried out by the National Police of Ukraine at the request of the applicant and if he has a complete list of documents.

Documents that must be provided to receive the service:

  1. Application for a permit for the right to store and wear a "Firearm" badge

  2. A duly certified copy of the order on awarding the "Firearm" distinction or a duly executed extract from the said order

  3. A copy of the passport of a citizen of Ukraine (pages 1, 2, and 11 of the passport of a citizen of Ukraine) if the citizen does not live at the address specified in the document, a document confirming the actual place of residence is additionally submitted (lease agreement for residential premises, certificate of ownership of residential premises, etc. )

  4. Two 3x4 cm photo cards

  5. Certificate on experimental firing of weapons

  6. Payment document (payment order, receipt) with a note of the bank, post office, or the code of the transaction to deposit funds for the provision of the service

05.06.2023 20:44

The following are entitled to permanent care:

  • those who have a disability since childhood, regardless of their current age;

  • people with group I disabilities;

  • those who have reached the age of 80;

  • people who have a persistent mental illness and group I or II disability in connection with it;

  • senior citizens and people with disabilities who are incapable of self-care.

In order to arrange permanent care for such a person, you need to apply to the body of social protection of the population.

05.06.2023 20:31

From the beginning of January 2023, during the period of martial law, automatic accruals of all types of state assistance will be carried out only for persons living in occupied territories or in combat zones.

Other recipients will need to renew their applications, for which they need to submit an application in person together with the required package of documents. Among them are low-income families.

Bodies to which you can apply for this:

  • To the structural subdivisions on issues of social protection of the population of district state administrations of executive bodies of city, district councils or executive bodies of village, settlement, city councils.

  • To the centers for the provision of administrative services (TsNAP).

Necessary documents:

  • statement on the assignment of state social assistance to low-income families,

  • declaration of income and property status of persons who applied for the appointment of all types of social assistance,

  • a certificate of income in the event that income is indicated in the declaration of income, the information about which is not available in the DPS, the Pension Fund of Ukraine, social insurance funds, etc., and according to the law cannot be obtained at the request of the social protection body of the population,

  • a certificate of the established form about the person's direct participation in an anti-terrorist operation, in the implementation of measures to ensure national security and defense, repulse and deter armed aggression in the Donetsk and Luhansk regions (if available).

05.06.2023 20:24

According to Art. 56 of the Law of Ukraine "On Enforcement Proceedings" the seizure of the debtor's property (funds) is used to ensure the actual execution of the decision.

The seizure is imposed in the amount of the amount of recovery, taking into account the enforcement fee, the costs of enforcement proceedings, fines and the main remuneration of the private executor on all the property of the debtor or on individual items.

There is NO ban on the use of seized property.

However, it should be noted that if the need arises, the executor has the right to limit the debtor's right to use the property, to seal or seize it from the debtor and hand it over to other persons for safekeeping, about which he issues a resolution or notes restrictions in the resolution on arrest.

The type, scope, and term of limitation are established by the executor in each specific case, taking into account the properties of the property, its value for the owner or possessor, the need for use, and other circumstances.

05.06.2023 20:19

With each payment of wages, the employer must withhold (deduct) certain taxes, fees and mandatory contributions for each employee.

Taxes, fees and mandatory contributions that must be paid:

  1. personal income tax (PIT) - 18%;

  2. military levy (VZ) - 1.5%;

  3. **ESV ** - amounts of the EUS in 2023: minimum - UAH 1,474 per month (22% of the minimum salary); the maximum is UAH 22,110 per month (22% of 15 minimum salaries).

Therefore, reporting and payment of the above taxes are carried out by the employer.

05.06.2023 20:07

Communication operators do not have such rights, as this is confidential information. Operators only store statistical information, for example: who you called, from whom you received calls, how long the conversations lasted, and where the subscribers were at that time.

However, law enforcement agencies have the right to obtain the above information, including the recording of the conversation, upon prior application to the court.

05.06.2023 14:22

To replace or restore a lost (stolen) driver's license, the territorial service center of the Ministry of Internal Affairs, after verifying the fact that such a driver's license was previously issued to a person who applied for replacement or reported its loss or theft, issues and issues a new driver's license. Services are provided without retaking the exam. For this, it is necessary to contact any territorial service center of the Ministry of Internal Affairs.

To apply for the exchange or renewal of a driver's license in Diya:

  • go to the "Services" menu and click on "Replacement of a driver's license" or click on the context menu icon on the digital driver's license and select "Replace a license";

  • choose the reason for replacing the document;

  • confirm or indicate the place of registration of residence;

  • choose the type of ID: digital (E-ID) or plastic+digital (regular format);

  • choose a service center of the Ministry of Internal Affairs, where it will be convenient for you to pick up a plastic document;

  • confirm or enter your contact details;

  • sign the statement;

  • pay for the service.

Documents that must be provided to receive the service:

  1. Application

  2. Passport of a citizen of Ukraine or a temporary certificate of a citizen of Ukraine, a permanent residence permit, a temporary residence permit, a refugee certificate, a certificate of a person in need of additional protection, a certificate of a person granted temporary protection

  3. A copy of the certificate on the assignment of the registration number of the taxpayer's registration card (if it is not in the relevant databases of the Ministry of Internal Affairs) (except for individuals who, due to their religious beliefs, refused to accept the registration number of the taxpayer's registration card and officially notified the relevant supervisory authority and have a mark in the passport)

  4. A medical certificate of the prescribed format, valid on the date of submission of documents, confirming the driver's admission to drive vehicles of the relevant categories (not submitted during martial law)

  5. Written notification of the subject of the application about the loss of the driver's license (in case of loss)

  6. The original and a photocopy of documents on the replacement of personal data (in case of replacement by a person's full name, year of birth, place of residence, etc.)

  7. Payment documents (receipts) certifying the payment of blank products or information (payment details) about the payment of the fee (payment of the fee) in any form

  8. A document confirming the submission of a statement (notification) about criminal offenses and other events to a body (subdivision) of the National Police of Ukraine in accordance with the order of the Ministry of Internal Affairs of Ukraine dated February 8, 2019 No. 100 "On approval of the procedure for keeping uniform records in bodies (subdivisions) ) to the police of statements and reports about criminal offenses and other events"

The applicant can receive the results of the service provision in person, that is, it is not possible to pick it up by proxy.

05.06.2023 14:12

In Ukraine, it is prohibited to carry out economic activity by an individual without registration as a business entity. You cannot legally work without a FOP.

Therefore, I strongly recommend you, before starting a business, to open a sole proprietorship and choose a type of activity from the list of KVED.