Appeal of the Military Medical Commission Decision

The Law of Ukraine “On Military Duty and Military Service” provides for the medical examination of Ukrainian citizens during mobilization in the manner prescribed by this law. The procedure for conducting the examination is regulated by the Regulation on Military Medical Expertise in the Armed Forces of Ukraine, approved by the order of the Minister of Defense of Ukraine dated August 14, 2008, No. 402 (hereinafter referred to as Order No. 402).

The main purpose of this medical examination is, among other things, to determine the fitness for military service based on the health condition of conscripts, servicemen, reservists, and those liable for military service. Only with a positive conclusion from the Military Medical Commission (hereinafter referred to as VLC) is a person called up to fulfill their military duty.

However, in practice, there may be cases where, for various reasons, a person disagrees with the conclusions outlined in the decision of the respective VLC.

Current legislation provides for the possibility of appealing such decisions in two ways:

1. through a pre-trial procedure
2. through a court procedure.

Further details on the specifics of these methods will be provided below.

According to current legislation, military medical commissions (regular and irregular) are established to conduct military medical expertise. Regular VLCs are military medical institutions (Central Military Medical Commission; regional VLCs). Irregular continuously operating VLCs (medical-flight commissions, hereinafter referred to as VLC) include: hospital VLCs; garrison VLCs; medical-flight commissions; VLCs of the Air Assault Forces; VLCs of the Territorial Centers for Recruitment and Social Support (TCRC and SS); VLCs of the Ground Forces of the Armed Forces of Ukraine; VLCs of the Special Operations Forces of the Armed Forces of Ukraine; and VLCs of other healthcare institutions under communal or state ownership.

Both regular and irregular (permanent and temporary) VLCs (medical-flight commissions) issue decisions. VLC (medical-flight commission) decisions are formalized with a disease certificate, a VLC report, or a protocol from the regular military medical commission meeting.

Pre-trial appeal procedure

To appeal a VLC decision through administrative channels, it is necessary to apply to a higher-level VLC than the one that issued the contested document. This could be the regional VLC or the Central VLC, which holds the highest position in this structure. Decisions of lower-level VLCs can be appealed to regional VLCs, and decisions of regional VLCs can be appealed to the Central VLC. Decisions of the Central VLC can only be appealed in administrative court.

An appeal of the VLC decision in the administrative procedure is submitted in the form of a complaint, in which the grounds for the appeal must be stated, along with a request for a repeat medical examination. The complaint must be accompanied by the VLC decision being appealed and, if available, the results of previous medical examinations and other documents that confirm the seriousness of the illness, injury, or wound, based on which the repeat examination is requested (e.g., hospital discharge papers, medical history, medical card, etc.).

The complaint and accompanying documents can be submitted in person to the higher VLC or sent by registered mail with a description of the contents and a delivery receipt to the higher VLC’s address.

The complaint is reviewed in accordance with the procedures and timeframes established by the Law of Ukraine “On Citizens’ Appeals.”

Please note that appealing a VLC decision does not suspend its effect.

Following the review of this complaint, the higher-level VLC may recognize the complaint as justified and either review the contested decision itself or refer the individual for a control examination and medical review at a different healthcare institution than the one where the initial examination took place.

A VLC decision is annulled if the previous VLC decision, at the time it was made, did not comply with the law and/or was made based on invalid documents.

Court appeal

Filing a lawsuit is an independent means of protection.

Appealing a VLC decision in court is carried out in accordance with the Administrative Procedure Code of Ukraine.

An appeal to the court can be made either directly without pursuing an administrative appeal or after prior pre-trial appeal.

To appeal a VLC decision in court, it is necessary to submit the relevant claim to the administrative court at the location of the VLC or the claimant’s place of residence.

As part of securing the claim, a motion can be filed to suspend the effect of the contested VLC decision until a decision on the merits is made. This will temporarily suspend the effect of the VLC decision.

The deadlines for appealing a VLC decision in court are limited:

• 6 months from the date the VLC decision was received, if it was not appealed through administrative channels;
• 3 months from the date the higher VLC decision was received following the complaint review, if the decision was appealed to the higher VLC.

There are often questions about what grounds can be used to appeal VLC decisions, as the law does not provide an exhaustive list. In practice, grounds have included: violation of the medical examination procedure (for example, an examination by a doctor of the wrong specialization); failure to take into account an existing illness, injury, or wound; assigning a lower degree of impairment of bodily functions due to illness, injury, or wound than is actually present; failure to take into account the interrelationship of two or more illnesses, injuries, or wounds.

It should be noted that the court cannot perform the function of VLC doctors, meaning it cannot confirm or change a medical diagnosis (determine whether a person is fit or unfit for military service), as this authority belongs exclusively to the doctors. Courts are not specialized institutions in the medical field. However, the court, within its jurisdiction, verifies the legality of the VLC decision in the context of compliance with the procedure for its adoption.

To file an administrative lawsuit, a court fee of 0.4 times the subsistence minimum for able-bodied persons must be paid (as of January 1, 2024 – UAH 1211.20), except in cases where the individual is exempt from paying court fees.

Considering the above, we assure you that appealing a VLC decision is entirely feasible. If you have valid grounds to appeal a VLC decision, you can do so using one of the outlined methods or apply both at once.

For more detailed consultation from a lawyer in Kyiv, Ukraine, you can contact the specialists of the legal company “First Legal” by filling out an application form on our website or simply calling us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.

In the context of martial law, it is crucial to ensure the proper and lawful conduct of military registration at enterprises.

Many are asking: Who is responsible for organizing and maintaining military records at the enterprise? What types of military registration exist? What documents are required for registration? What are the legal consequences of failing to comply with military registration procedures? Let’s delve into these questions and provide comprehensive answers.

The Cabinet of Ministers of Ukraine, by Resolution No. 1487 dated December 30, 2022, approved the “Procedure for Organizing and Maintaining Military Registration of Conscripts, Reservists, and Military Obligated Citizens” (hereinafter referred to as the Procedure).

Organization and Maintenance of Military Registration

The responsibility for organizing military registration at enterprises is assigned to their managers (directors), as stated in point 8 of the Procedure. The duties of maintaining military registration at enterprises, institutions, and organizations are assigned to personnel service workers or human resources management services. In the absence of such a position, these duties are transferred to the individual responsible for maintaining the employee records.

Military registration is based on data from the Ukrainian citizen’s passport and military registration documents.

Employment (or enrollment) and personal military registration of conscripts, reservists, and military obligated citizens are allowed only after they have been registered at district (city) territorial recruitment and social support centers (hereinafter – TRCs), the Security Service of Ukraine (SBU), or appropriate intelligence units.

Military registration of military obligated citizens at district (city) TRCs, the SBU, or appropriate intelligence units is carried out in their personal presence. This is only possible with a Ukrainian citizen’s passport (or a passport for traveling abroad when applying through the Ukrainian consulate) and a military registration document if it has been issued and not lost.

Types of Military Registration

Military registration is divided into registration of conscripts, military obligated citizens, and reservists, considering the scope and detail – into personal-qualitative, personal-primary, and personal.

Let’s look at the specifics of each type and who is responsible:

• Personal-qualitative military registration involves collecting and accounting for information (personal and service data) on conscripts, military obligated citizens, and reservists by their declared (registered) residence. These data are summarized in registration documents and entered into the Unified State Register of Conscripts, Military Obligated Citizens, and Reservists. Personal-qualitative military registration is the responsibility of relevant district (city) TRCs, the SBU, and appropriate intelligence units.
• Personal-primary registration involves collecting and accounting for information on conscripts, military obligated citizens, and reservists at their place of residence within a given administrative-territorial unit. In villages, towns, and cities without relevant district (city) TRCs, this responsibility lies with the executive bodies of village, town, and city councils.
• Personal registration involves recording such information at the individual’s place of work (service) or study and is assigned to the heads of state bodies, local governments, enterprises, institutions, and organizations.

Special attention should be paid to personal registration, as it is the most relevant for business entities under current conditions.

Features of Personal Military Registration at Enterprises

To ensure proper personal military registration, personnel service workers or individuals authorized to maintain employee records must verify that Ukrainian citizens have a military registration document or an electronic version of the information contained in it during the hiring process. This check can be done using the “Diia” mobile app, and the military registration rules must be communicated to the employee under a personal signature.

Personal military registration at enterprises is maintained according to the lists provided for by the Procedure.

Every year, by January 25 (as of January 1), those responsible for maintaining military registration must compile personal military registration lists and operational registration data at the enterprise. These documents are signed by the enterprise’s manager and the person responsible for military registration and registered in the record-keeping service.

The personal military registration lists are compiled separately for the following groups:

• the first group – list of personal military registration for military obligated officers (reservists);
• the second group – list of personal military registration for enlisted, sergeant, and senior enlisted military obligated (reservists);
• the third group – list of personal military registration for military obligated women (reservists);
• the fourth group – list of personal military registration for conscripts.

Each group’s lists are accompanied by a file containing copies of military registration documents of conscripts, military obligated, and reservists.

A separate file stores copies of military registration documents of citizens who have been deregistered from military records at TRCs, the SBU, or appropriate intelligence units, except those who have reached the maximum age for reserve service.

Personal military registration lists and operational registration data of conscripts, military obligated, and reservists are maintained in both electronic and/or paper forms.

After issuing an order for employment or dismissal, or upon changing the employee’s registration data for whom personal military registration is maintained, the enterprise must send these details to the TRCs, the SBU, or the appropriate intelligence units within seven days.

Additionally, the Procedure assigns enterprises the following responsibilities:

• notifying conscripts, military obligated, and reservists upon request by TRCs, the SBU, or appropriate intelligence units about their summons and ensuring their timely arrival;
• providing the relevant TRCs, SBU, or appropriate intelligence units with data on the individuals for whom they maintain personal military registration upon request;
• ensuring the completeness and accuracy of the registration data entered into the personal military registration lists;
• periodically reconciling personal military registration lists with records in their military registration documents according to the Procedure;
• making changes to the personal military registration lists following the Procedure;
• receiving, in accordance with the Procedure, military registration documents from conscripts, military obligated, and reservists for submission to TRCs, the SBU, or appropriate intelligence units for verification with registration data and for processing military reservations during mobilization and wartime;
• preparing documents required for reserving military obligated citizens during mobilization and wartime;
• continuously monitoring compliance with military registration rules according to the Procedure;
• maintaining and storing the verification results log;
• adhering to other mandatory norms of the Procedure.

Liability for Violations of Military Registration Rules

Violations of military registration rules by conscripts, military obligated, and reservists are subject to administrative liability under Article 210 of the Code of Administrative Offenses, with fines ranging from 17,000 to 25,500 UAH, depending on the nature of the offense.

Violations of defense, mobilization preparation, and mobilization laws can result in administrative fines ranging from 34,000 to 59,500 UAH (Article 210-1 of the Code of Administrative Offenses).

Evasion of military registration by conscripts, military obligated, or reservists after receiving a warning from the TRC head, SBU leaders, or appropriate intelligence unit heads is subject to criminal liability with fines ranging from 5,100 to 8,500 UAH or correctional labor for up to one year. Evasion of military training (special) duties by military obligated or reservists carries fines from 8,500 to 11,900 UAH or correctional labor for up to two years.

Evasion of conscription for military service during mobilization or in a special period, depending on the severity, can lead to criminal liability with imprisonment for three to five years.

For more detailed consultation on military registration and the specifics of maintaining military records at your enterprise, you can contact the lawyers and legal advisors of the “First Legal” law firm by calling: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.

Often, citizens confuse the concepts of arranging permanent care and establishing guardianship for a disabled person. The difference lies primarily in the process of arrangement.

How to arrange guardianship for a disabled person?
Where to apply for permanent care?
What is the difference, and what is the procedure for arrangement?
Let us explain further.

What types of disabilities exist in Ukraine?

Currently, in Ukraine, the types of disabilities that determine the degree of persistent dysfunction of the body caused by a severe illness or injury are as follows:

• Group 1 – citizens who have the most severe health condition and, therefore, are physically unable to perform self-care and basic household functions, thus requiring permanent care.
• Group 2 – citizens who have persistent or chronic disorders in the body resulting from illness or injury. A person in this group may be able to perform self-care, work under special conditions, and not require external care.
• Group 3 – citizens who have moderate functional impairments, which may include congenital defects (e.g., missing one lung). Such a person can work under light conditions but needs social protection.

It should be noted that due to the introduction of martial law in Ukraine, the procedure for determining disability has been changed. During the period of martial law in Ukraine and for six months after its termination or cancellation:

1. If a person applying for disability determination cannot attend an examination by the medical-social expert commission, the commission can make a decision on disability determination remotely based on the referral from the medical advisory commission.
2. The Crimean republican, regional, central city commissions in Kyiv and Sevastopol, city, inter-district, and district medical-social expert commissions perform their functions ensuring the principle of extraterritoriality and conduct medical-social examinations based on the referral from the medical advisory commission regardless of the place of registration, residence, or stay of the person applying for disability determination (Resolution of the Cabinet of Ministers of Ukraine dated March 8, 2022, No. 225 “Certain issues of the procedure for conducting medical-social examinations during martial law in Ukraine”).

The Civil Code of Ukraine establishes that in our country, guardianship over disabled individuals is established by the court.

In what cases is it necessary to establish guardianship over a disabled person?

Guardianship is established by the court over a physical person who is recognized as incapacitated. A person can be recognized as incapacitated by the court if, due to chronic, persistent mental disorder, they are unable to realize the significance of their actions and/or control them. In such cases, a close relative of the person may file a court application to recognize the person as incapacitated, establish guardianship, and appoint them as the guardian.

The court appoints a forensic psychiatric examination to confirm or refute the presence of a mental disorder that led to the inability to realize their actions or control them. The expert examines the person over whom guardianship is to be established to determine whether they indeed have a mental disorder causing their inability to realize the significance of their actions and/or control them.

Guardians are primarily appointed from among persons who have family or kinship ties with the ward, taking into account their personal relationships and the ability of the person to perform the duties of a guardian. One or more guardians may be appointed.
To have the court appoint a guardian for an incapacitated person, it is mandatory to obtain a submission from the guardianship authority regarding the possibility of appointing a relative as a guardian.

After receiving the expert’s conclusion, the future guardian submits an application to the guardianship authority to obtain the corresponding submission. The future guardian must participate in the guardianship council meeting when considering the application. Based on the results of the guardianship council meeting, the guardianship authority sends a submission to the court regarding the possibility or impossibility of appointing the person as a guardian.

After the court has received the expert’s conclusion and the submission from the guardianship authority, the court holds a hearing and makes a decision. The person is considered incapacitated from the moment the court decision becomes legally effective. The duration of the court decision on recognizing a person as incapacitated and establishing guardianship is determined by the court but cannot exceed two years.

In the case of a positive court decision, its copy is submitted to the guardianship authority, where the guardian is issued a guardian’s certificate.

Note! There is no court fee for filing an application to recognize a person as incapacitated and appointing a guardian; it is covered by the state.

How is permanent care for a disabled person arranged?

For people with Group I disability, such care is assigned by the medical-social expert commissions obligatorily due to the extremely high degree of health loss, necessitating such care.

In all other cases, the need for permanent external care is determined by attending physicians and medical advisory commissions, which issue the corresponding conclusions on the necessity of such care.

Accordingly, external care is assigned in such cases:

• For people with functional impairments due to incurable diseases, preventing them from moving and self-caring independently.
• For elderly citizens with cognitive impairments who require constant care.
• For people with Group I or II disability caused by a mental disorder.

To become a caregiver for a disabled person, one must contact the family doctor of the person with the disability and request a certificate confirming the disability and the need for permanent care.

To arrange permanent care for a person requiring it, one must apply to the social protection department or the administrative services center (CNAP) at the person’s place of residence or stay, providing the following documents:

• An application stating the desire to provide permanent care for the person requiring it.
• Copies of the passports of the caregiver and the person needing care.
• A medical certificate of the caregiver.
• A residence registration certificate.
• Documents proving ownership or right to use the property.
• A medical commission certificate confirming the need for permanent external care by another person.

If care is provided for a capable person who, due to their health condition, needs external care, their consent to receive care is required.

In the case of an elderly person/pensioner with cognitive impairments, they must also write a statement requesting the appointment of a caregiver.

Individuals providing social care services are compensated according to current Ukrainian legislation.

For a more detailed legal consultation on the issue of guardianship arrangements, you can contact the specialists of the “First Legal” Law Firm by filling out the application form on our website at https://firstlegal.com.ua/services/sudova-praktika/dlya-fizichnih-osib/ or simply by calling us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89. Our experienced lawyer in Kyiv will assist you with this process.

In wartime conditions, Ukrainian citizens make every effort to ensure the protection of the state and bring our victory closer. However, there are close people who need our help the most.

The current legislation provides for two most common grounds for obtaining a deferment from mobilization, which require additional documentation – these are the registration of guardianship over a person recognized as legally incapable and constant care.

Many confuse guardianship with constant care.

That is why the idea arose to prepare this article with the relevant explanations.

What is the difference and what is the procedure for registration? We will explain further.

A conscript may be appointed as a guardian of a legally incapable person or a caregiver of a relative who needs constant care. According to Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization,” these are two separate grounds for obtaining a deferment from conscription during mobilization, for a special period.

It is important to distinguish between the concepts of guardianship and custody:
Guardianship is established over minor persons (under 14 years old, who are orphans or deprived of parental care) and persons who are recognized as legally incapable.

Custody is established over minors (from 14 to 18 years old, who are orphans or deprived of parental care) and persons whose civil capacity is limited.

Thus, a guardian is appointed if a person is recognized as completely legally incapable. A custodian is appointed when a person’s capacity is limited. Guardianship is an undeniable ground for deferment from conscription during mobilization and provides the right to cross the border accompanied by the ward. Guardianship, unlike constant care, is established exclusively by a court in a separate proceeding.

What is the procedure for appointing a guardian?

An individual can be recognized by a court as legally incapable if, due to a chronic, persistent mental disorder, they are unable to understand the significance of their actions and/or control them. If these grounds are present, a close relative of such a person can file a petition in court to recognize the person as legally incapable, establish guardianship, and appoint them as a guardian.

The court appoints a forensic psychiatric examination to confirm or refute the presence of a mental disorder that has led to the inability to understand their actions or control them. The expert examines the person over whom guardianship will be established to determine whether they really have a mental disorder that makes them unable to understand the significance of their actions and/or control them.

Guardians are mainly appointed from individuals who are in family or kinship relations with the ward, considering the personal relationships between them and the person’s ability to fulfill the duties of a guardian. One or several guardians may be appointed.

To have a guardian appointed for a legally incapable person by the court, it is mandatory to obtain a submission from the guardianship and custodianship authority about the possibility of appointing a relative as a guardian. After receiving the expert’s conclusion by the court, the future guardian submits a petition to the guardianship and custodianship authority for the relevant submission.

When considering the petition, the future guardian must participate in the meeting of the guardianship council. Based on the results of the guardianship council meeting, the guardianship and custodianship authority must send a submission to the court about the possibility or impossibility of appointing the person as a guardian. After the court receives the expert’s conclusion and the submission from the guardianship and custodianship authority, the court makes a decision based on the results of the court hearing. The person is considered legally incapable from the moment the court decision comes into force. In the case of a positive court decision, a copy of the decision is submitted to the guardianship and custodianship authority, where the guardian is issued a guardian’s certificate.

Important! The court fee for filing a petition to recognize a physical person as legally incapable and appointing a guardian is not paid; it is borne by the state.

A copy of the court decision on the appointment of a guardian with a note on its entry into force and the guardian’s certificate are the two documents that confirm the conscript’s right to deferment from conscription during mobilization on the grounds of guardianship over an adult person.

What is the procedure for arranging constant care for obtaining a deferment?

Paragraph 61 of the “Procedure for the Conscription of Citizens for Military Service during Mobilization, for a Special Period” No. 560 of May 16, 2024, provides for granting a deferment from conscription during mobilization and its arrangement for conscripts who provide care (constant care):

• for a sick wife (husband), child, and/or their own father or mother (father or mother of the wife (husband), if they themselves require constant care according to the conclusion of the medical-social expert commission or the medical-consultative commission of the health care institution, have died (killed), are recognized as missing or absent, declared dead, and the father or mother of the wife has no other able-bodied family members who are obliged and able to provide care for them), who, according to the conclusion of the medical-social expert commission or the medical-consultative commission of the health care institution, require constant care;
• for their own parents with disabilities of group I or II or one of the parents of the wife (husband) from among persons with disabilities of group I or II, provided there are no other persons who are not conscripts and are obliged to support them according to the law (except in cases where such persons are themselves disabled, require constant care, are under arrest (except for house arrest), are serving a sentence in the form of restriction or deprivation of liberty). In the absence of non-conscripts to provide care for a person with disabilities of group I or II, only one person from among the conscripts may provide care at the choice of the person with disabilities;
• for persons with disabilities of group I or II, being a family member of the second or third degree of kinship for such a person (no more than one and provided there are no family members of the first and/or second degree of kinship or if the family members of the first and/or second degree of kinship themselves require constant care according to the conclusion of the medical-social expert commission or the medical-consultative commission of the health care institution). In the absence of family members of the first and second degree of kinship, this norm applies to family members of the third degree of kinship of the person with disabilities of group I or II.

To do this, it is necessary to contact the family doctor to obtain a medical certificate (or in the LCC, MSEC). Medical certificates issued specifically for social security authorities are in the prescribed form. To arrange care, the certificate must contain the key phrase: “the person requires constant care.”

The procedure for establishing constant care is simpler than guardianship because there is no need to judicially recognize a person as legally incapable.

To arrange constant care for a person who needs it, you need to contact the center for administrative services (CNAP) at the place of residence/stay of the person in need of care, the structural unit for social protection of the population, and obtain documents for receiving compensation (allowance, supplement) for care or arrange an act on establishing the fact of providing care (constant care).

The preparation of acts establishing the facts of providing care (constant care) is ensured by the Social Protection Department.

If all necessary documents are available for obtaining a deferment from conscription, it is necessary to write an application for a deferment and submit it to the district TCC and SP, where the person is registered for military service. This application, along with attachments, is submitted personally by the conscript.

Note that the issue of granting a deferment is initiated exclusively by the conscript, who must notify the TCC and SP about the change in family circumstances and the emergence of the right to a deferment.

The TCC and SP review this application along with the documents, and as a result, the person will be notified about the deferment. If necessary, a note about the deferment and its duration may be made in the military registration document.

For a detailed legal consultation in Kyiv, you can contact the lawyers of the law firm “First Legal” by filling out the form on our website or calling us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.

Recently, cases of divorce have increased, in connection with which arise questions about the division of property in divorce.

Under martial law, when the spouses divorced and one of the spouses lives abroad, and the property remained in Ukraine arise questions about how to divide the property?

In such cases, the question arises whether it is possible to divide the property, if the former spouses or one of the spouses is abroad? What documents are necessary for filing a statement of claim to the court on the division of property? Does the presence of minor children affect the size of the share in the division of property? So, let’s try to understand this situation.

Please note that the consideration of court cases of this category is carried out at the location of the property (or its part) with the participation of the parties, or their legal representatives.

1. The order of division of property at divorce in Ukraine

1.1 Out-of-court settlement of the dispute on the division of property at divorce.
At divorce, the spouses may divide the common property, which was acquired during the marriage by concluding an agreement on the division of property with the definition in the contract, which property goes to the former wife, and which to the husband. In case it is a question of division (allocation of a share) of immovable property (house, apartment, land plot), such an agreement is subject to mandatory notarization.

1.2 The judicial procedure for division of property of spouses at divorce.
Either spouse has the right to apply to the court for division of common property and/or common joint property within three years after divorce. At the same time, it should be noted that for the division of the common property of the spouses do not have to divorce, because the right to divide property does not depend on the marriage.

2. Features of the division of property at divorce in Ukraine

Many people have a not quite correct idea that all property that was acquired in marriage is divided equally in divorce.

So, indeed, as a general rule, in accordance with the norm of Article 60 of the Family Code of Ukraine (hereinafter – the Family Code of Ukraine), the property acquired by the spouses during the marriage, belongs to the wife and husband on the right of common joint ownership, regardless of the fact that one of them did not have for a valid reason (training, housekeeping, childcare, illness, etc.) independent earnings (income).

Also, the Family Code notes that each thing acquired during the marriage, except for things of individual use, is an object of the right of common joint ownership of the spouses. However, there are exceptions to the general rule, which will be discussed below.

2.1 What are the objects of the right of common joint ownership?
Article 61 of the Family Code of Ukraine gives an answer to this question, namely: the object of the right of common joint ownership of spouses may be any property, except for excluded from civil turnover. Also the object of the right of common joint ownership is a salary, pension, scholarship, other income received by one of the spouses. If one of the spouses concluded an agreement in the interests of the family, the money, other property, including fees, winnings, which were received under this agreement, are the object of the right of common joint ownership of the spouses.

If one of the spouses by his/her labor and (or) means took part in the maintenance of the property belonging to the other spouse, in the management of this property or care for it, then the income (litter, dividends) received from this property, in the event of a dispute by court decision may be recognized as an object of the right of common joint ownership of the spouses.

In addition, things for professional activities (musical instruments, office equipment, medical equipment, etc.) acquired during the marriage for one of the spouses are the object of the right of common joint ownership of the spouses.

2.2 What property is not common joint property and is not subject to division?
The property of one of the spouses acquired by a person before marriage, acquired during the marriage on the basis of a gift agreement or by way of inheritance, acquired during the marriage, but with funds belonging to one of the spouses personally, things of individual use, including jewelry, even if they were acquired at the expense of the common funds of the spouses, funds received as compensation for the loss (damage) of a thing belonging to a person, as well as compensation for moral harm caused to him/her, insurances, etc., do not belong to the common joint property of one of the spouses.

Also to the personal private property of one of the spouses are bonuses, rewards, which he/she received for personal services, funds received as compensation for the loss (damage) of the thing that belonged to her/him, as well as compensation for the moral damage caused to her/him; income (dividends), if they are the result of a litter from the personal private property of one of the spouses.

That is, the above-mentioned property and (or) funds that belong to the personal private property of one of the spouses and are not the common joint property of the spouses are not subject to division, but belong separately to each of the spouses by law.

2.3 Does the court always divide property equally?
When resolving a dispute about the division of property that is the object of the right of common joint ownership of the spouses, the court, according to the second part of Article 70 of the Family Code of Ukraine in certain cases may depart from the principle of equality of shares of the spouses in circumstances of significant importance, in particular if one of them did not take care of the material support of the family, evaded participation in the maintenance of the child (children), concealed, destroyed or damaged the common property, spent it to the detriment of the interests of the family.

Under article 70, paragraph 3, of the Family Code of Ukraine, the share of a wife’s or husband’s property may be increased by court order if the wife or husband has children living with her or him, or an adult son or daughter who is incapable of working, provided that the amount of alimony they receive is insufficient to ensure their physical or spiritual development or treatment.

Applying the norm of Article 60 of the Family Code of Ukraine and recognizing the right of common joint ownership of the spouses to property, the courts must establish not only the fact of acquisition of property during the marriage, but also the fact that the source of its acquisition were common joint funds or joint labor of the spouses. That is, the status of common joint ownership is determined by the following criteria: the time of acquisition of the property; the means for which such property was acquired (the source of acquisition).

In case of acquisition of property, although during the marriage, but for the personal funds of one of the spouses, this property cannot be considered the object of common joint property of the spouses, and is the personal private property of the spouse for whose personal funds it was acquired.

The common joint property of the spouses, subject to division (Articles 60, 69 of the Family Code of Ukraine, part three of Article 368 of the Civil Code of Ukraine) in accordance with parts two, three of Article 325 of the Civil Code of Ukraine may be any types of property, except for those that by law can not belong to them (excluded from civil turnover), regardless of the fact in the name of which of the spouses they were acquired or contributed in cash, unless otherwise established by the marriage contract or the law.

3. Necessary documents for the division of property at divorce in Ukraine

When dividing property from you, as the initiator of the division is required to provide the court:

• Supporting documents for the property, which was acquired during the marriage, or documents that this property, although acquired during the marriage, but for the personal funds of one of the spouses or was given to him (her) as a gift;
• a copy of the marriage certificate;
• a copy of the marriage dissolution certificate or an effective court decision on the dissolution of the marriage (if the marriage has been dissolved),
• a copy of your passport and RNOCPP,
• a copy of your child/children’s birth certificate (if you have minor children). Copies of documents (passport and RNUCCPN code) of the other spouse (if any) may also be provided.

For more detailed consultation and specifics on property division during divorce, you can seek legal advice from the lawyers and attorneys of the “First Legal” Law Firm Ukraine by filling out the application form on our website at the following link: https://firstlegal.com.ua/en/services/litigation-support-of-legal-entities-and-individuals/for-individuals/ or simply by calling us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.

Since February 24, 2022, the regime of “MARTIAL LAW” has been introduced in Ukraine in accordance with the Law of Ukraine “On the Legal Regime of Martial Law”.

Despite the introduction of MARTIAL LAW in Ukraine, banks are collecting debts from borrowers under credit agreements through judicial procedures.

The debt includes the principal amount of the loan, interest on the use of the loan, fines, penalties, and service fees for the loan, as well as other payments.

It should be noted that according to paragraph 18 of the section “Final and Transitional Provisions” of the Civil Code of Ukraine, during the period of martial law, a state of emergency in Ukraine, and within thirty days after its termination or cancellation, in case of the borrower’s delay in fulfilling the monetary obligation under the agreement, according to which the borrower was provided with a loan by the bank or other lender, the borrower is exempt from the liability defined by Article 625 of the Civil Code of Ukraine, as well as from the obligation to pay penalties (fines, penalties) for such delay to the lender. Penalties (fines, penalties) and other payments provided for by the relevant agreements accrued from February 24, 2022, for the delay in performance (non-performance, partial performance) under such agreements, must be written off by the lender.

Considering the judicial practice in dealing with this category of cases, “other payments” subject to write-off by the bank include the service fees for the loan.

Also, according to paragraph 19 of the section “Final and Transitional Provisions” of the Civil Code of Ukraine, during the period of martial law in Ukraine, introduced by the Decree of the President of Ukraine “On the Introduction of Martial Law in Ukraine” dated February 24, 2022, No. 64/2022, approved by the Law of Ukraine “On Approval of the Decree of the President of Ukraine ‘On the Introduction of Martial Law in Ukraine’” dated February 24, 2022, No. 2102-IX, the statute of limitations determined by this Code is suspended for the duration of such state.

Thus, banks can at any time apply to the court for debt collection by filing a petition to the court to renew the statute of limitations.

Therefore, as judicial practice shows, despite MARTIAL LAW, banks have the right to collect from the debtor (borrower, creditor) only the amount of the debt and interest for using the loan for the entire term of the agreement up to the date of filing the lawsuit.

For more detailed consultation and/or protection of your interests during debt collection by the bank under the credit agreement, you can contact the lawyers of the Law Firm “First Legal” by filling out the application form on our website or simply by calling us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.

Dear clients and partners,

In these joyful days of Easter, when nature comes alive and fills our hearts with joy and hope, we, the team at “The First Legal”, wish you a happy celebration of Christ’s Resurrection! We wish each of you robust health, prosperity, and success in all your endeavors. May this holiday bring you peace and tranquility, and may your homes always be havens of harmony and happiness.

With respect and best wishes,
Your “The First Legal” Team

1. Concept of an Apostille

An apostille is a simplified document legalization procedure. It is used for countries that have signed the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (the Hague Convention) dated October 5, 1961. For Ukraine, the Hague Convention came into force on December 22, 2003, thus Ukrainians can legalize their documents in other states thanks to this convention.

The current list of state participants in the Hague Convention regarding the certification of documents by an apostille can be found on the website of the Hague Conference on Private International Law at hcch.net/en/instruments/conventions/status-table/print/?cid=41

The apostille stamp itself confirms the authenticity of the signatures and seals (stamps) on the document. A document that has undergone the formal procedure of affixing an apostille is considered valid and must be accepted by the state authorities of the country to which you are traveling or where you are submitting the documents.

2.Cases where document certification by an apostille is not required

Please note that the text of the Hague Convention itself (Part 2 Article 3) specifies that adherence to the mentioned formal procedure of affixing an apostille cannot be required if the laws, rules, or practices in force in the state where the document is presented, or an agreement between two or more contracting states, abolish or simplify this formal procedure or exempt the document itself from legalization. In other words, if there is a bilateral treaty on legal assistance (cooperation) between Ukraine and other contracting states, then the affixing of an apostille is not required.

For example, according to the bilateral treaty between Ukraine and the Republic of Latvia on legal assistance and legal relations in civil, family, labor, and criminal matters dated May 23, 1995, documents that have been drafted or officially certified by an official (notary, official translator, expert, etc.) within the competence and in the established form and certified by a seal, are accepted in the territory of the other Contracting Party without any other certification. That is, official documents that have been drafted in the territory of Ukraine or Latvia can be freely used/accepted in the territory of the contracting states provided they have a certified translation into the language of the contracting state, without the requirements for an apostille or consular legalization.

Particular attention should be given to the Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters of 1993 and its Protocol of January 22, 1993, executed on behalf of Ukraine in Minsk on January 22, 1993, and ratified by the Law of Ukraine dated November 10, 1994, No. 240/94-VR, and the Protocol to it, executed on behalf of Ukraine in Moscow on March 28, 1997, and ratified by the Law of Ukraine dated March 3, 1998, No. 140/98-VR (hereinafter – the Minsk Convention and the Protocol). The participants of this Convention were: Ukraine, Russia, Belarus, Armenia, Tajikistan, Kazakhstan, Turkmenistan, Kyrgyzstan, Uzbekistan, Moldova.

The Minsk Convention provided for the submission of documents with their translation into the language of the country to which they are submitted without an apostille, only their notarial certification.

In relations with Azerbaijan, Armenia, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, and Uzbekistan, the Minsk Convention continues to operate until the date of Ukraine’s withdrawal from it, i.e., until May 18, 2024, inclusive. From May 19, 2024, the Convention will be considered terminated for Ukraine in relations with all its participants. An exception to this rule is documents issued in Georgia, Moldova, Uzbekistan, where separate bilateral treaties have been signed between these countries and Ukraine, allowing the use of documents with a notarial translation without an apostille.

3.List of countries for which an apostille is not required

Also, affixing an apostille is not required with other countries besides the aforementioned, with which Ukraine has signed bilateral and/or multilateral treaties on cooperation, which allow the use of documents with a translation, certified by a notary without an apostille.

The list of such countries is provided below:

Azerbaijan, Armenia, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan, Lithuania, Estonia, Latvia, Czech Republic, Hungary, Poland, Mongolia, Macedonia, Vietnam, and China.

Note:

Despite the existence of bilateral Agreements concluded between Ukraine and the Republic of Belarus that provide for the use of documents without an apostille, an analysis of these Agreements regarding their termination is currently being conducted, as the operation of the Minsk Convention in relations with the Russian Federation and the Republic ofBelarus has been suspended as of December 27, 2022. This means that documents issued in the territory of Russia and Belarus, when presented in the territory of Ukraine, will require the certification of an apostille according to the Hague Convention, which abolishes the requirement for legalization of foreign official documents, 1961, which is valid in relations between Ukraine and Russia and Belarus.

Official documents issued in Ukraine, for use in Russia and Belarus, are subject to certification by an apostille by the bodies defined by the Resolution of the Cabinet of Ministers of Ukraine dated January 18, 2003, No. 61 (taking into account changes made by the resolution of the Cabinet of Ministers dated June 24, 2023, No. 629).

4.List of documents that are not subject to apostille at all

It is worth noting that according to the Order of the Ministry of Justice of Ukraine dated March 17, 2023, No. 125/209/293/139/999/5 “On Approval of the Rules for Affixing an Apostille on Official Documents Intended for Use in Other States”, a clear list of documents that are NOT subject to apostille is defined, namely:

• documents issued by foreign diplomatic institutions of Ukraine;
• administrative documents directly related to commercial or custom operations;
• originals of passport documents, military IDs, labor books, identity cards, and documents certifying its special status;
• regulatory legal acts of Ukraine and clarifications regarding their application;
• permits for carrying weapons;
• certificate of vehicle registration (technical passport);
• documents that are of the nature of correspondence.

To avoid misunderstandings in other countries when legalizing your documents, it is recommended to address this issue in advance by consulting with lawyers from the Legal Company “First Legal”, who will quickly and efficiently help resolve all issues related to the legalization of documents.

A Certificate of No Criminal Record or an Extract from the Information-Analytical System “Accounting for Information on Bringing a Person to Criminal Responsibility and the Presence of a Criminal Record” is an official document, in paper or electronic form, issued by competent authorities. It confirms the absence or presence of a criminal record in individuals. The issuance and processing of the certificate of no criminal record in Ukraine are regulated by the Order of the Ministry of Internal Affairs of Ukraine No. 207 dated March 30, 2022.

Currently, the certificate of no criminal record is a very important document for many aspects of public, professional, and personal life of any individual. The main key aspects associated with obtaining a certificate of no criminal record are:

• Confirmation of an individual’s status: this certificate confirms that the person has no criminal record or provides information about the presence of criminal records, their nature, and status (extinguished, active criminal record);
• Employment: In most cases, when hiring, in areas where employees have access to confidential information, finances, or work with vulnerable population groups;
• Visa and immigration procedures: This certificate is necessary for applying for a visa, immigration, or obtaining citizenship both in Ukraine and in other countries;
• Licensing and Certification: For some licenses and permits, submission of a certificate of no criminal record for employees is a necessity (for example, obtaining a license for security activities).

Procedure for obtaining a certificate of no criminal record.

Currently, the Certificate of No Criminal Record or an Extract from the Information-Analytical System can be obtained in both electronic and paper form.

Information from the IAS is provided to the Applicant in the form of an Extract, complying with the legislation on citizens’ appeals and protection of personal data, based on a request for an Extract on bringing to criminal responsibility, absence (presence) of a criminal record, or restrictions provided by the criminal procedural legislation of Ukraine.

Getting a certificate of no criminal record online:

A request in electronic form can be submitted and a certificate in the form of an extract can be obtained through the Ministry of Internal Affairs website, by logging into the Personal Account using a qualified electronic signature or through the “Diia” portal. This extract is generated automatically and immediately.

Submitting a request in paper form (this option is suitable if an individual applies for licenses, tender documentation, further legalization of the certificate):

A request for obtaining the Certificate (Extract) in paper form is submitted personally by the Applicant or by an authorized person in the prescribed manner, acting on the basis of a power of attorney or order, to the EIS MIA service, territorial service center, or a separate registration point of a qualified provider of electronic trust services of the accredited key certification center of the MIA, the employees of which, by the decision of the head of the legal entity ensuring the functioning of such a VPR ACCS MIA, are users of the remote access workplace to the IAS, regardless of the address of the declared/registered place of residence (stay) of the Applicant.

Do not forget to affix an apostille to the certificate of no criminal record.

To legalize such a certificate so that it is valid outside the territory of Ukraine, it is necessary to put an apostille on this certificate.

Obtaining a certificate of no criminal record in paper form online

If you need to obtain a certificate of no criminal record and affix an apostille to it, but you cannot personally apply to the MIA, you can contact the specialists of the “First Legal” Company.

To obtain a certificate (extract) of no criminal record, you need to submit:

• A completed application-appeal;
• A copy of the passport of the Applicant or the person regarding whom the Extract will be obtained;
• The identification number of the Applicant or the person regarding whom the Extract will be obtained;
• A power of attorney or order (in case of submission of the request by an authorized person).

If you do not have the time or energy to obtain a certificate of no criminal record, you can contact the “First Legal” Company. The company’s specialists will help you obtain this document with further legalization (apostille and consular legalization) so that this Certificate has legal force in any country in the world.

In the conditions of martial law, it’s important to acknowledge the fact that, unfortunately, the number of divorces in Ukraine has increased, primarily due to the separation of married couples and families, caused by the relocation of women and children outside Ukraine. In such cases, the question arises: is it possible to get a divorce if one or both spouses are abroad? Can it be done in Ukraine, including online without appearing in court? Let’s try to understand this.

It’s worth noting that under martial law, especially when both spouses or one of them are outside Ukraine, the most popular method is an online divorce. This allows those wishing to dissolve their marriage to do so without returning to Ukraine, attending court sessions, and to receive the court’s decision on the divorce by mail.

The general procedure for divorce in Ukraine

Generally, there are two ways to dissolve a marriage in Ukraine:

1. An extrajudicial procedure for the dissolution of marriage, which takes place at the civil status acts registration offices of the State Registration Departments of the Ministry of Justice of Ukraine (hereinafter – DRACS) and exclusively in cases where there are no children or they are adults. In this case, the couple must personally fill out and submit a joint application for divorce. If one of the spouses, for a valid reason, cannot personally submit the application to DRACS, the other spouse can submit such a notarized or equivalent application on their behalf. Unfortunately, this application cannot be submitted online.
2. A judicial procedure for the dissolution of marriage in Ukraine, where the divorce can take place either by a joint application of the spouses or by the application of one spouse, by submitting a complaint to the court. In this case, the presence or absence of children and their age do not matter. Additionally, this application can be submitted online, without being physically present in Ukraine. Therefore, this method of divorce, especially during the war, has become the most relevant and popular.

Specifics of Online Divorcen Ukraine

In the case of opting for a judicial divorce procedure, one of the spouses can file a divorce application through the E-court system’s subsystem/module. To do this, it’s enough to register in the “E-court”. Registration in the electronic cabinet of the “E-court” for an individual is quite simple and requires only the presence of a key with a qualified electronic signature (QES), which can be issued by one of the accredited centers of Qualified Providers of Electronic Trust Services (such as JSC “PrivatBank”, JSC “PRAVEX BANK”, etc.).

However, it’s simpler to turn to a lawyer, who, after signing a legal aid contract with you (including using a digital electronic signature), can professionally, quickly, and efficiently prepare the lawsuit, collect all necessary documents, pay the court fee, submit all documents to the court, and receive the court’s decision on the divorce without your participation and presence. All these actions can be independently carried out online by your lawyer through the E-court system’s subsystem/module.

Required Documents for Filing for Online Divorce

For an online divorce, as the initiator, you need a minimum of documents, namely: a copy of the marriage certificate, a copy of your passport and identification code, a copy of the birth certificate of the child/children (in case of minor children). Copies of the other spouse’s documents may also be provided (if available).

For more detailed consultation and specifics of online divorce, you can contact the specialists of the Legal Company “First Legal” by filling out the application form on our website, contact us through email or messengers, or simply call us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.

Property rental is an integral part of the life of almost every Ukrainian, as nearly everyone has rented accommodation or leased it at least once in their lives. In this overview, we will briefly examine the specifics of drafting a real estate lease contract.

First and foremost, it’s worth noting that a lease agreement for an apartment is drawn up in a simple written form without the requirement for notarization. The exception is a lease agreement with an option to purchase, which requires notarization.

The parties to the lease agreement can be both individuals and legal entities. More often than not, it involves the rental of property between individuals. Let’s take a closer look at this particular scenario.

To draft a lease agreement and provide maximum protection against future risks, it is advisable to consult with a lawyer or attorney from the outset.

In practice, not everyone avails the services of a professional lawyer for renting out or leasing their property. If you engage a real estate agent for finding or renting out a property, they typically have a standard contract template that simplifies the process.

However, individuals often post ads on public internet platforms for renting out or searching for accommodation and create a lease agreement using templates from the internet or other sources.

To minimize risks when drafting a lease agreement for accommodation, it is important to consider a set of conditions that should be stipulated in the agreement.

For a lease agreement to be considered concluded, it must necessarily define essential conditions: the subject matter, price, and the term of the agreement.

According to the general rule for entering into any contract, the parties must determine its essential conditions, including the subject matter of the contract and other necessary conditions for that particular type of contract.

Based on the current legislation of Ukraine, we have identified the following essential conditions of a lease agreement for accommodation:

1. Subject matter of the contract – information about the property, i.e., the characteristics of the apartment you plan to rent or lease, including its precise address, area, and the technical plan of the apartment.
   To achieve this, it is strongly recommended to obtain from the apartment owner (or their authorized representative) copies of the property title documents for the apartment, confirming the ownership or the right to use and dispose of it!
   Also, it is advisable to obtain a copy of the technical passport for the apartment, which includes the plan of the specified apartment.
   In practice, apartment owners (or their authorized representatives) often refuse potential tenants to provide copies of such documents, and the original ownership documents may only be provided for inspection, as an exception. Therefore, for prospective tenants, it is strongly recommended to use the services of the Ministry of Justice of Ukraine, where you can order up-to-date information from the State Register of Property Rights (SRPR) for real estate regarding ownership of the apartment you are interested in at any time. To do this, you need to know the exact address of the apartment (search by address) or the taxpayer identification number/name of the apartment owner. The cost of such information is approximately 30 hryvnias. However, with the SRPR, you will not be able to see current information if the apartment was acquired before 2013 and has not been registered in the SRPR since then. Therefore, if there is no information about the apartment you are interested in in the SRPR, it is strongly recommended for potential tenants to obtain at least a copy of a document confirming ownership of the apartment (purchase and sale agreement, certificate of ownership, certificate of inheritance, etc.) from the owner (or their authorized representative).
2. Lease Term – Specify the start and end date of the lease term or the term of the lease agreement. As a general rule, in practice, the document confirming the fact of transferring the apartment for rent and its acceptance by the tenant is an acceptance-transfer certificate, which is signed by the parties at the time of handing over the keys to the apartment, and the lease term begins from this moment.
   Please note that when signing the acceptance-transfer certificate for the apartment, it is necessary to specify (list) all property located in the apartment at the time of its transfer, its quantity, as well as qualitative characteristics (model, brand, if it concerns household or other equipment), and also the condition of such property. If the property has obvious defects (e.g., scratches or other defects), it is necessary to indicate this in the certificate, which will protect you as a tenant from possible claims from the landlord in the future.
3. Rent – The amount of rent (what it consists of), the term, and the method of payment (bank transfer, cash, etc.), as well as the conditions for its revision.
   It is worth noting that in practice, rent is often paid in cash rather than by bank transfer. In the case of paying the rent in cash, we recommend signing any written document between the tenant and the landlord confirming the amount of rent paid and the period for which such payment is made. This can be a bilateral acceptance-transfer of funds or a separate addendum to the apartment lease agreement, which will contain a kind of payment schedule indicating the amount, payment period, and the signatures of the parties.
   !!! Please note that only the parties to the lease agreement or their authorized representatives can be parties to the document confirming the receipt of rent, and to confirm this, the corresponding power of attorney (notarized) must be presented, specifying the authority to receive/transfer funds, depending on who acts on the basis of the power of attorney (landlord or tenant).
4. Security Deposits – Here, parties typically determine the amount of the deposit (usually equivalent to one month’s rent) to cover potential losses or other property claims by the landlord against the tenant in the future.
   !!! In the case of payment of a security deposit, it is recommended to sign a bilateral document (see comments on clause 3).
5. Rules of Use of the Apartment – Here, it should be determined whether other residents have the right to live with the tenant. If such right is defined by the terms of the agreement, these residents should be identified, and their details (full name, passport information, taxpayer identification number, registration address, etc.) should be included in the agreement. It is also recommended to obtain copies of identity documents for such residents.
6. Rights and Obligations of the Parties – A list of the rights and obligations of the landlord and the tenant is defined.
7. Termination Conditions (Early Termination) of the Lease Agreement and the Procedure for Refunding Paid Sums as a Security Deposit – Cases where either party has the right to early termination (termination) of the agreement are determined. These cases usually involve violations of obligations by either party as defined in the lease agreement or advance notice to the other party about such early termination, in the absence of violations of the agreement’s terms. In case the tenant pays a security deposit, conditions for the return of the paid funds should be specified.
8. Responsibilities of the Parties – This is an important instrument that safeguards each party from possible abuses or breaches of obligations by the other party. In case of delayed payment of rent and/or utility bills, this may include a penalty, calculated for each day of payment delay, and compensation for damages in case of harm to the landlord’s property.
9. Details and Signatures of the Parties. It is important to specify all details of the tenant and the landlord, including full name, passport information, registration address, taxpayer identification number, phone number, email address (if applicable). !!! It is strongly recommended that when signing the apartment lease agreement, the parties exchanging copies of their passports and taxpayer identification numbers.

To ensure the protection of your rights and property, we recommend reaching out to our law firm First Legal Kyiv where our lawyers have extensive experience in contractual work and will consider all your preferences while maximizing the protection of your rights. We will help to draft a contract of any complexity!

The general steps for applying for child support in Ukraine involve standard procedures that may vary depending on whether the applicant intends to claim a fixed monetary amount independent of the payer’s income or a specific percentage of the payer’s income. The required documents for preparing a claim also depend on the chosen method of seeking child support.

If one parent, responsible for supporting a minor child, intends to receive child support from the other spouse, this process can be resolved either voluntarily through mutual agreement or through legal proceedings without the consent of the other party.

If there is agreement between both parents regarding child support, including the amount, payment schedule, or additional expenses related to the child’s well-being, they can directly approach a notary to sign and notarize such an agreement. However, the legal provision allowing for the termination of the right to child support remains unchanged, subject to approval by the guardianship and trusteeship authority, especially if the supporting spouse does not reside with the child but has transferred ownership rights to certain real estate to the child.

In the case of the most common method, resorting to legal proceedings for child support, there are two ways: simplified (orderly) and general (lawsuit) proceedings.

If you intend to apply for child support:

• In the following income scale (earnings) of the child support payer: 1/4 for one child, 1/3 for two children, 1/2 for three or more children, but not exceeding ten times the subsistence minimum per child of the corresponding age for each child. If this requirement is unrelated to establishing or contesting paternity (maternity) and does not involve the need to involve other interested parties, or
• In a fixed monetary amount equal to 50 percent of the subsistence minimum for a child of the corresponding age (this amount changes annually and is established by the Supreme Rada of Ukraine in accordance with the Law of Ukraine on the State Budget of Ukraine for the respective year).

You can seek assistance from a lawyer or attorney to prepare a request for a court order (simplified child support recovery process), which significantly expedites the case review process, and child support is awarded from the date of filing such a request for a court order.

If you intend to make claims for child support in amounts different from those specified above, you should engage a lawyer or attorney to prepare the appropriate lawsuit, as well as help gather all the necessary evidence justifying the amount of the claimed demands. In this case, child support is awarded by court decision from the date of filing the lawsuit.

How to apply for child support during wartime?

The procedure for preparing documents to claim child support during a state of war remains unchanged, meaning the process described above is still applicable and relevant at the present time.

During wartime in Ukraine, due to many families (parents of children) being forced to leave the country, the issue of remote child support recovery becomes more critical. This matter can be addressed by seeking the assistance of a lawyer, who, by entering into an appropriate legal assistance agreement with you, can represent your interests remotely without the need for your presence in court, manual signing of documents, etc.

Is it possible to apply for child support online?

Considering the ongoing reforms in the judicial system and the digitization of court work, lawyers can submit an application for child support online on behalf of their clients through the subsystem/module of E-SITS “Electronic Court.”

It is important to note that any individual can independently submit an application for child support or any other application to the court through the subsystem/module of E-SITS “Electronic Court.” To do this, the person needs to register in the system. Registering in the electronic cabinet “Electronic Court” for an individual is relatively straightforward and requires the possession of a key with a qualified electronic signature (KES), which can be issued by one of the accredited centers of Qualified Providers of Electronic Trust Services.

How much does it cost to apply for child support in Ukraine?

For the court to consider an application for child support, there is no need to pay a court fee, as plaintiffs in this category of cases are exempt from paying court fees. However, the services of a lawyer who prepares an application for a court order or a lawsuit need to be paid according to the terms of the legal assistance agreement, unless it involves pro bono legal assistance.

If you have questions related to child support recovery, you can contact the lawyers of the legal company “First Legal” for legal consultation. Our specialists will be happy to help you resolve the issues that concern you!