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02.05.2023 21:55

Good day.

If the deceased had the insurance experience necessary to receive a pension under the third group of disability, then his ** ""disabled family members* who were dependent on him can be assigned a pension. Also, a pension can be assigned to children regardless of whether they were dependent on a breadwinner.

If the deceased's parents or spouse were not dependent on him/her, they can receive a pension if they have lost their source of livelihood.

Also, disabled family members of the missing person who were dependent on him, regardless of the duration of the breadwinner's insurance period, have the right to a pension in connection with the loss of the breadwinner.

*Disabled family members of the deceased breadwinner are considered to be:

  • Husband (wife), father, mother, if they have a disability or have reached retirement age according to the law on mandatory state pension insurance.

  • Children, including those born up to 10 months after the death of the breadwinner, who have not reached the age of 18 or have a disability under the age of 18. Children who study in educational institutions can be declared unfit for work until the end of their studies, but not longer than before they reach the age of 23. Orphans can be declared unfit for work before they reach the age of 23, regardless of education.

  • A family member of the deceased breadwinner, such as a spouse, brother or sister, father or mother, grandparent, who is not working and is engaged in caring for the child(ren) of the deceased breadwinner until he/she reaches the age of 8. They can be recognized as unable to work, regardless of age or ability to work.

02.05.2023 21:41

Good day.

The presence or absence of a civil law contract does not affect the possibility of receiving assistance from the state under the eSupport program.

I would like to remind you that you can receive a payment of UAH 6,500 under the eSupport program only if you applied for it by March 31, 2022.

Assistance is provided to insured persons who work under the terms of an employment contract (contract), a gig contract, another civil law contract, on other grounds provided for by law, and to natural persons — entrepreneurs, whose insured persons simultaneously meet the following characteristics:

  1. are registered as payers of a single contribution to mandatory state social insurance in separate administrative-territorial units according to the list approved by the Cabinet of Ministers of Ukraine at the request of the State Emergency Service;

  2. submitted tax returns for the IV quarter of 2021 or annual returns for 2021 in accordance with the procedure established by law;

  3. are not budgetary institutions, mandatory state insurance funds.

Currently, there are rare cases when the state demands the return of funds received under the eSupport program, because they were received by persons who are employees of budget institutions, which is contrary to the conditions, so it is necessary to make sure that you meet the specified characteristics.

02.05.2023 13:25

Good day.

According to the current legislation of Ukraine, collectors have no right to sell your or any other apartment. If collectors have sold your apartment, you should contact the police immediately. It is also necessary to apply to the court with a claim to claim the apartment from someone else's illegal possession.

It should be noted that any debt enforcement measures can be used exclusively:

  • bodies of the executive service;

  • by a court decision that has entered into force;

  • subject to the submission of an executive letter and opening of executive proceedings;

  • in compliance with all official procedures provided for by the Law of Ukraine "On Executive Proceedings".

Collectors have no right to do any of the above.

02.05.2023 13:13

Good day.

YES, they have the right.

If the mortgagor does not fulfill his obligations under the mortgage contract, the mortgagee has the right to demand early fulfillment of the main obligation. If the obligations are not fulfilled, the mortgagee can foreclose on the subject of the mortgage - that is, on an apartment or a residential building.

In accordance with Article 40 of the Law of Ukraine "On Mortgages", foreclosure on a mortgaged residential building or residential premises is grounds for eviction of all residents.

02.05.2023 13:00

Good day.

YES, maybe.

According to Article 6 of the Family Code of Ukraine, a person has the legal status of a child until he reaches the age of majority (eighteen years).

Eviction of a child is possible, but this category of cases has its own peculiarities. According to the requirements of Article 19 of the Family Code of Ukraine, when the court considers disputes regarding the eviction of a child, participation of the body of guardianship and guardianship is mandatory.

02.05.2023 12:50

Good day.

First of all, it is necessary to call the police and report this fact.

In the future, depending on the specific situation, you need to apply to the court with the requirement to remove the obstacle to the use of the apartment by moving in.

02.05.2023 12:43

Good day.

YES, systematic domestic violence is grounds for forced eviction of a former family member without alternative accommodation.

Eviction of members (former members) of the family of the owner of the residential building without providing another living space is allowed, if the systematic violation of the rules of cohabitation makes it impossible for others to live with them in the same house, and the measures of prevention and public influence have proved ineffective.

01.05.2023 22:53

Good day.

According to paragraph 3, item 34 of Order No. 1487, the obligation to submit information to the TCC and JV about hiring lies with the employer.

01.05.2023 22:36

Good day.

YES, legal.

Eviction is carried out voluntarily and by court order.

If it is necessary to evict a person from an apartment, then an application for eviction must be submitted to the court (district, district in cities, city or city district) where the place of residence or stay of the defendant is registered according to the rules of civil procedure.

In order to legally evict a person from an apartment, it is necessary to prove that he systematically destroys or damages the apartment, violates the rules of cohabitation, which makes it impossible for others to live in the same apartment with him.

01.05.2023 22:27

Good day.

Before you go to court, you should gather all the documentation that may be helpful in your case, including your insurance policy, claims, correspondence with your insurance company, and any other documents you may have.

Next, it is necessary to draw up and submit a statement of claim to the court.

In the statement of claim, the plaintiff specifies his claims related to the subject of the dispute and substantiates them.

The statement of claim is submitted to the court in writing, and is signed by the plaintiff or his representative, or another person who is entitled by law to apply to the court in the interests of another person.

The statement of claim must specify:

  • name of the court;

  • full name or name of the parties and other participants in the case, their location or place of residence or stay, postal code, identification code of the legal entity in the Unified State Register of Enterprises and Organizations of Ukraine, as well as the registration number of the taxpayer's registration card, if available or number and passport series for natural persons - citizens of Ukraine (if such information is known to the claimant), known numbers of means of communication, official electronic address and electronic mail address;

  • indication of the price of the claim, if the claim is subject to a monetary assessment;

  • content of claims;

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

  • a list of documents and other evidence attached to the application.

The statement of claim may include other information necessary for the correct resolution of the dispute.

Defending your rights in court on your own can be quite a difficult task for a person who is not legally qualified, so I recommend seeking help from a lawyer.