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16.05.2023 23:30

There may be several reasons why there is no information about open executive proceedings.

First, maybe the court decision has not yet entered into force. The court's decision becomes legally binding after the expiry of the appeal period (30 days).

Secondly, a court decision is not enough to open executive proceedings. It is necessary to obtain an executive letter based on a court decision. Enforcement proceedings are opened precisely on the basis of a writ of execution, not a decision. However, the writ of execution can be produced by the court up to 10 days after writing the corresponding application for its receipt, therefore, perhaps because of this, the execution proceedings have not yet been opened.

I would recommend that you comply with the court decision before the opening of enforcement proceedings. If you do so, you will not need to pay an executive fee.

Regarding the blocking of the bank card, I would like to inform you that it is not possible to block the card before the opening of enforcement proceedings.

16.05.2023 23:07

Agreement of lifelong maintenance (care) - an agreement between two parties, according to which one party (the alienator) transfers ownership of a residential building, an apartment or their part, other immovable or movable property, which has significant value, in exchange for which the acquirer undertakes to provide the alienator with maintenance and (or) care for life.

This contract is concluded in writing and is subject to notarization.

Failure to comply with this requirement entails recognition of the contract as invalid.

If the subject of the contract is real estate, then such a contract is subject to mandatory state registration.

If your aunt cannot come to the notary, then the latter **can perform a notarial act at the address of the person's location ** (at home, in the hospital, etc.).

16.05.2023 22:56

The Cabinet of Ministers until the end of 2022 exempted individuals and individual entrepreneurs who were conscripted or accepted for military service from the payment of rent under lease agreements of state and communal property, valid on February 24 service after the declaration of martial law.

Taking into account the above, the exemption from paying the rent was valid until the end of 2022, and therefore in 2023 the obligation to pay the rent is restored.

16.05.2023 22:50

YES, he is fired.

After the end of the parental leave of the main employee, the employment relationship with the employee, who was hired under a fixed-term employment contract, is terminated according to Clause 2 of Art. 36 of the Labor Code of Ukraine (in connection with the expiration of his employment contract).

For dismissal, the employee's application is not required, since he gave his consent to this in the application for employment for a specified period. He is dismissed by order of the employer, which is usually issued on the last day of the fixed-term employment contract.

16.05.2023 22:32

According to Article 69 of the Family Code of Ukraine, the wife and husband have the right to divide the property that belongs to them under the right of joint co-ownership, regardless of the dissolution of the marriage. The wife and husband have the right to divide property by mutual agreement.

The agreement on the division of a residential building, apartment, other immovable property, as well as on the allocation of immovable property to the wife or husband from the entire property of the spouses must be notarized.

So, if you and your husband have reached a certain agreement, you can register the ownership of the house for yourself through a notary and sell it.

If there is no agreement, then it is necessary to go to court and divide the property, including the house, in court.

16.05.2023 22:24

YES, if the son is not the owner (co-owner) of the apartment, he can be evicted from the apartment through the court.

The following must be submitted to the court as evidence:

  1. Copy of the house book.

  2. An act of condominium or housing association, confirming that the registered person does not live at the place of registration.

  3. Written statements of witnesses certifying that the registered person does not live at the place of registration.

  4. The original of the document confirming ownership of the home.

  5. Receipts for the payment of utility services, which confirm your payment.

16.05.2023 22:18

Write, please, how exactly did the soldier pay the fine?

If he really paid the fine, then proof of such payment (receipt) must be sent to the enforcement service.

Based on Clause 9 Part 1 of Article 39 of the Law "On Executive Proceedings", the executor will be obliged to close the executive proceedings.

If the executor does not close the enforcement proceedings, be sure to challenge his inaction in court or out of court.

In addition, you can return the funds for the paid fine a second time.

16.05.2023 22:09

During the entire period of service, mobilized natural persons - entrepreneurs are not obliged to pay any taxes. In addition, they do not need to submit reporting documents for this period.

However, if enforcement proceedings have already been opened against you for non-payment of tax, there is a risk of seizure of the account. To prevent this, you can suspend the enforcement proceedings on the basis of clause 1 part 1 of article 34 of the ZU "On enforcement proceedings", in the event that you undergo term military service, military service upon conscription officers, military service on call-up during mobilization, for a special period, military service on call-up during mobilization, for a special period, military service on call-up of reservists in a special period, or if the debtor undergoes military service and performs combat tasks of military service in a combat environment or in the area of an anti-terrorist operation, implementation of measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation in the Donetsk and Luhansk regions, if according to the terms of service, it is impossible to carry out executive actions or at the request of the debt collector who is undergoing such military service**.

15.05.2023 23:48

YES, the trial can be held without the participation of the plaintiff and the defendant. However, depending on the type of proceedings, the rules may differ.

In civil proceedings: the court postpones the consideration of the case in case of non-appearance of the participant in the court session, regarding whom there is no information about the delivery of a notice of the date, time and place of the court session. In the case of repeated non-appearance of the duly notified plaintiff at the court session, if no application has been received from him to consider the case in his absence, the court shall leave the claim without consideration. In case of repeated non-appearance of the duly notified defendant at the court session, the court decides the case on the basis of the data or evidence available in it (makes a decision in absentia).

In administrative proceedings: the court postpones the consideration of the case in case of the first non-appearance at the court session of the participant of the case who was notified of the date, time and place of the court session, if he reported the reasons for the non-appearance, which the court recognized as valid. In the case of repeated non-arrival of the plaintiff, who was duly notified of the date, time and place of the trial, without good reason, if no statement was received from him about the consideration of the case in his absence, the court leaves the statement of claim without consideration. If the defendant insists on consideration of the case on its merits, the case is considered on the basis of the evidence available in it.

In case of non-arrival of the defendant, duly notified of the date, time and place of the trial, the trial may not be postponed without valid reasons and the case may be decided on the basis of the evidence available in it.

If there are no obstacles to the consideration of the case at the court hearing, as indicated above, but not all persons participating in the case have arrived, although they have been duly notified of the date, time and place of the court hearing, the court has the right to consider the case in written proceedings in if there is no need to hear a witness or an expert.

15.05.2023 23:37

Yes, there are such legal norms.

If after the end of leave to care for a child before the child reaches the age of three, the child needs further home care, the employee has the opportunity to take care leave for a child up to the age of 6 at will.

After the end of leave to care for a child before the child reaches the age of three, an employee can apply for leave to care for a child up to 6 years old. This leave is not granted to a person in a mandatory manner, but only in the case when the child needs additional home care.

According to part four and part six of Article 179 of the Labor Code of Ukraine, as well as parts two and three of Article 18 of the Law of Ukraine "On Vacations", an enterprise, institution, or organization may, at its own expense, provide one of the child's parents with leave without salary for childcare for a longer duration.

In accordance with clause 3 of the first part of Article 25 of the Law of Ukraine "On Vacations", leave without pay is granted at the request of the employee in a mandatory manner to the mother or other persons specified in the third part of Article 18 and the first part of Article 19 of this Law, in the event that the child needs home care, - for the duration specified in the medical report, but no longer than until the child reaches the age of six.

To receive leave to care for a child under 6 years of age, an employee must submit an application for such leave and a medical certificate. The form of primary accounting documentation No. 080-1/o "Certificate on the need of a child (disabled child) for home care" was approved by the order of the Ministry of Health No. 430 dated 11.06.2012. (https://zakononline.com.ua/documents/show/327492___327557 )