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31.05.2023 20:43

**If the alimony payer hides his income, but you can prove that he earns significantly more, because he spends large amounts on restaurants, trips, etc., then the Law allows alimony to be collected from the amounts of expenses, not only from official income.

**

In accordance with Clause 32 Part 1 of Art. 182 of the Family Code of Ukraine, alimony arrears are formed, including due to the expenses of the alimony payer proven by the alimony collector. Including - for the purchase of immovable or movable property, the amount of which exceeds ten times the subsistence minimum for an able-bodied person, if the source of funds has not been proven by the payer of alimony.

31.05.2023 20:33

Part of the 5th Art. 21 of the Code of Administrative Procedure of Ukraine stipulates that claims for compensation for damage caused by illegal decisions, actions or inaction of a subject of authority or other violation of the rights, freedoms and interests of subjects of public legal relations, or claims for claiming property seized on the basis of the decisions of the subject of power are considered by the administrative court, if they are declared in one proceeding with the requirement to resolve a public legal dispute. Otherwise, such claims are resolved by civil or commercial courts.

List of documents:

  • a statement of claim in accordance with the requirements of Art. 175 of the Civil Code, Art. 160 CASU, Art. 162 of the Civil Procedure Code - depending on the court in which the case will be heard;

  • documents certifying the identity of the claimant;

  • a written response from the relevant body, which certifies the fact of the dispute and violation of the plaintiff's rights - in the case of compensation for damage as a result of illegal decisions, actions or inaction of the state authority, local self-government body and their officials or officials in the exercise of their powers;

  • a copy of a normative legal act that was recognized as illegal and canceled - in the case of compensation for damage as a result of the adoption by a state authority, a local self-government body of a normative legal act that was recognized as illegal and canceled;

  • the evidence with which the plaintiff substantiates his claims and which confirm the specified circumstances.

According to Clause 13, Part 2, Art. 3 of the Law of Ukraine "On Court Fees" a court fee shall not be charged for filing a claim for compensation for damage caused to a person by illegal decisions, actions or inaction of a state authority or local self-government body, their official or official, as well as illegal decisions , by the actions or inaction of the bodies carrying out operational and investigative activities, pre-trial investigation bodies, the prosecutor's office or the court.

31.05.2023 20:23

According to Clause 15 of the Transitional Provisions of the Land Code of Ukraine, until January 1, 2024, it is prohibited to buy and sell or alienate in any other way in favor of legal entities of land plots that are privately owned and classified as lands for commercial agricultural production, land plots allocated in kind (in the area) to owners of land plots (shares) for personal farming, as well as land plots (shares), except for the transfer of land ownership rights to banks as a pledge, transfer of land plots as inheritance, exchange (mines), respectively to the second part of Article 37-1 of this Code of a land plot to another land plot with the same normative monetary value or the difference between the normative monetary values of which is no more than 10 percent and alienation of land plots for public needs.

Agreements (including powers of attorney) entered into during the period of the ban on the purchase and sale or alienation of land plots and land shares (shares) in another way established by this subsection, in terms of their purchase and sale and alienation in another way on in favor of legal entities, as well as in terms of the transfer of rights to alienate these land plots and land shares (shares) in favor of legal entities for the future (including the conclusion of previous contracts), are invalid from the moment of their conclusion (certificate) .

Therefore, according to the above, the bank (independently or through collectors) cannot take away your land share.

31.05.2023 17:06

To date, there is a procedure that allows the heirs who have accepted the inheritance to obtain the right to complete the procedure of privatization of the land plot. Heirs must submit an application to the local self-government body to change the party from the testator to the heirs in the privatization procedure. However, based on previous experience, it can be expected that the local government body will reject such an application because it is not provided for by law, or will be ignored by this body. Violation of the rights of heirs by such a local self-government body can be considered as grounds for filing a lawsuit.

To date, there is already a practice where heirs, as part of a civil process and in order to resolve a legal dispute, apply to the court with a claim against the local self-government body in order to recognize their right to complete the privatization of the land plot. In case there are several heirs, they can act as joint plaintiffs in this case. During the substantiation of the claims, the heirs note that the testator started the procedure of free privatization of the land plot, but due to his death, it was not possible to complete it. Since the procedure remained incomplete, there is no legally binding document that would confirm the right of the heirs to this land plot.

When considering civil cases related to inheritance, the courts refer to the information letter of the Higher Specialized Court of Ukraine for the consideration of civil and criminal cases No. 24-753/0/4-13 dated 16.05.2013 "On the judicial practice of consideration of civil cases on inheritance " and Resolution of the Plenum of the Supreme Court of Ukraine dated May 30, 2008 No. 7. According to these clarifications, the courts take into account that if the testator did not have ownership rights to the land plot in accordance with Article 125 of the Land Code of Ukraine, but started the procedure for the privatization of the land plot in accordance with the current legislation, and the local self-government bodies refused the heirs to complete the procedure privatization, then the heirs have the right to apply to the court for the recognition of the corresponding right in the order of inheritance - the right to complete privatization and obtain a state act on land ownership in the name of the heir. It is important to note that this legal position was confirmed by the Supreme Court and set forth in the resolution dated June 13, 2018 in case No. 128/1911/15-ts. In addition, the Supreme Court emphasizes that if a citizen who expressed a desire to privatize a plot of land dies before the competent body makes a decision on privatization, then his right to complete such privatization passes to his heirs in the order of inheritance.

31.05.2023 00:16

From the situation you described, it will be quite easy to win this legal dispute, since you have indisputable evidence that the apartment has not belonged to you for a long time. Also, after winning the case, you can collect the costs of legal assistance.

You need to file a claim in court in accordance with the Code of Criminal Procedure of Ukraine.

In accordance with Article 175 of the Civil Code of Ukraine, in the statement of claim, the plaintiff sets out his claims regarding the subject of the dispute and their justification. The statement of claim is submitted to the court in writing and signed by the plaintiff. The statement of claim must contain:

  1. name of the court of first instance to which the application is submitted;

  2. full name (for legal entities) or first name (surname, first name and patronymic - for individuals) of the parties and other participants in the case, their location (for legal entities) or place of residence or stay (for individuals) , postal code, identification code of a legal entity in the Unified State Register of Enterprises and Organizations of Ukraine (for legal entities registered under the laws of Ukraine), as well as the registration number of the taxpayer's registration card (for individuals), if available, or passport number and series for individuals persons - citizens of Ukraine (if such information is known to the claimant), known numbers of means of communication, official e-mail address and e-mail address;

  3. indication of the price of the claim, if the claim is subject to a monetary assessment; reasonable calculation of amounts charged or disputed;

  4. content of claims: the method (methods) of protecting rights or interests provided for by law or contract, or another method (methods) of protecting rights and interests, which does not contradict the law and which the plaintiff asks the court to determine in the decision; if the lawsuit is filed against several defendants - the content of the claims against each of them;

  5. a statement of the circumstances by which the plaintiff substantiates his claims; indication of evidence confirming the specified circumstances;

  6. information on taking measures for pre-trial settlement of the dispute, if such were carried out, including if a mandatory pre-trial dispute settlement procedure is defined by law;

  7. information on taking measures to secure evidence or a lawsuit before filing a claim statement, if such were carried out;

  8. a list of documents and other evidence attached to the application; indication of evidence that cannot be submitted together with the claim (if any); an indication of whether the plaintiff or another person has original written or electronic evidence, copies of which are attached to the application;

  9. preliminary (estimated) calculation of the amount of court costs incurred by the plaintiff and expected to be incurred in connection with the consideration of the case;

  10. the plaintiff's confirmation that he has not filed another claim(s) against the same defendant(s) with the same subject and on the same grounds.

31.05.2023 00:02

In accordance with Article 61 of the Law of Ukraine "On Enforcement Proceedings", the sale of seized property is carried out through electronic auctions or at a fixed price.

The electronic auction starts on the day specified in the information notice about the electronic auction. The electronic auction is held during one working day from 9 a.m. to 6 p.m.

All participants registered by the organizer have online access to the progress of the electronic auction. Participants put forward their price offers for the lot. The price offer is submitted through the Website ( https://setam.net.ua/ ) with the step of increasing the rate specified in the notice of the electronic auction. The winner of the electronic auction is the participant from whom the highest price offer was received at the time of the end of the electronic auction.

If one of the participants offered to purchase the property at the starting price and no other participants received offers to purchase the property, the property is sold at the starting price.

The allocation of funds, in accordance with Article 45 of the Law of Ukraine "On Executive Proceedings", takes place as follows:

  1. first of all, the debt collector's advance payment for the organization and execution of enforcement actions is returned (I inform you that there is currently no need to pay an advance payment);

  2. in the second place, the expenses of the executive proceedings, not covered by the debt collector's advance payment, are compensated;

  3. in the third place, the demands of the debt collector are satisfied and an enforcement fee is charged in the amount of 10 percent of the amount actually collected or the main remuneration of a private executor in proportion to the amount actually collected from the debtor (except for executive documents on the collection of alimony);

  4. in the fourth place, fines imposed by the executor in accordance with the requirements of this Law, and the executive fee or the main fee according to the executive documents on the collection of alimony are collected.

Distribution of monetary sums is carried out as they are collected.

In the event that the collected funds are not sufficient, they are distributed as follows:

  1. first of all, claims secured by a pledge regarding recovery from the value of the pledged property are satisfied;

  2. in the second instance, demands for the recovery of alimony, compensation for losses and damage caused as a result of a criminal or administrative offense, mutilation or other health damage, as well as in connection with the loss of a breadwinner are satisfied;

  3. thirdly, the demands of employees related to labor relations are satisfied;

  4. in the fourth place, the requirements of collectors for mandatory state social insurance, requirements regarding collection for mandatory state pension insurance, insurance contributions for mandatory state social insurance and requirements for taxes and other payments to the budget are satisfied;

  5. in the fifth place, all other requirements are satisfied.

30.05.2023 23:47

Depending on the country where the employer is located, there are specific features of their verification.

The first thing you need to do is look in open sources to see if such an employer (company) really exists and read reviews about it.

In the future, it is necessary to check whether the employer is properly registered in the registers. Here are examples of such registers:

Also, it is necessary to check the employer for the presence of legal disputes against him. For example, in Poland it is the Regional Court Register (KRS).

Based on this information alone, it is possible to draw conclusions about whether it is worth working for a particular employer.

30.05.2023 23:35

In accordance with clause 1 part 1 of article 5 of the Law of Ukraine "On the State Bureau of Investigation" No. 794-VIII dated 12.11.2015, the State Bureau of Investigation solves the tasks of prevention, detection, termination, disclosure and investigation of crimes committed, including by employees law enforcement agencies.

Therefore, you need to submit a statement about the commission of a criminal offense by police officers to the State Bureau of Investigation. Here is a convenient form on the DBR website, where you can submit a relevant application - https://dbr.gov.ua/pov-crime

30.05.2023 23:23

According to Article 13 of the Law of Ukraine "On the Organization of Labor Relations in Martial Law", the suspension of the employment contract is temporary termination by the employer of providing the employee with work and temporary termination by the employee of the performance of work under the concluded employment contract in connection with armed aggression against Ukraine, which excludes the possibility of both sides of the labor relationship to fulfill the obligations provided for in the labor contract.

To suspend the employment contract, the following conditions must be met simultaneously:

  • the employer cannot provide the employee with a job;

  • the employee cannot perform the work.

Such impossibility of both sides of the employment relationship to fulfill the obligations stipulated by the employment contract must be absolute.

In the event of a decision to cancel the suspension of the employment contract until the termination or cancellation of martial law, the employer must notify the employee of the need to return to work 10 calendar days before the resumption of the employment contract.

Therefore, if there are no conditions due to which the employment contract was suspended, then you must go to work or resign.

30.05.2023 22:50

Inheritance case is opened once and only at one notary.

The law defines an exhaustive list when the inheritance can be transferred from a private notary to another:

  1. transfer of inheritance cases, opened in violation of the requirements of Article 1221 of the Civil Code (regarding the place of opening of the inheritance), under the responsibility of the notary, whose competence includes conducting this inheritance case. Such a transfer is carried out upon establishing the fact of the simultaneous opening of several inheritance cases (for example, at the place of residence of the testator and at the location of the inherited property);

  2. transfer of the inheritance case to the notary at which, according to the paper carriers, the inheritance case was opened earlier, with the simultaneous opening of inheritance cases by different notaries at the place of the inheritance opening;

  3. transfer of the inheritance case at the request of all the heirs who have accepted the inheritance to another private notary (state notary office) within one notary district after the expiration of the term established by law for accepting the inheritance in the event of termination, suspension of the notarial activity of a private notary, temporary blocking or canceling the notary's access to the State Register of Rights. At the same time, the private notary (state notary office) to whom the inheritance case is transferred is obliged to accept it in the proceedings. The authenticity of the signature of the heirs on the application must be notarized. In such a statement, it is mandatory to indicate to which private notary (state notary office) the inheritance case must be transferred;

  4. the transfer of the inheritance case is carried out by the commission for the liquidation of the state notary office in the case of liquidation of the state notary office before the transfer of all documents of notarial records and the archive of the state notary office to the corresponding state notary archive.

If you believe that the notary is violating your rights, then in accordance with Article 50 of the Law of Ukraine "On Notaries", you can appeal the notarial act or refusal to perform it in court.