Recently, the number of disputes regarding divorce in court has increased, which raises questions about how to collect child support if the father of the child does not work and does not pay child support, and what to do in such a situation.

In this article, we will consider how the amount of child support is calculated if the father does not work anywhere; the minimum amount of child support for a child; and what liability arises for non-payment of child support.

So, let’s try to figure out this situation.

Legal Basis for Collecting Child Support from an Unemployed Father

The Family Code of Ukraine (hereinafter referred to as the FC of Ukraine) sets out the legal regulation and procedure for collecting child support, as well as the rights and obligations of parents and children. Despite this, some readers do not fully understand the procedure for collecting child support when the father of the child does not work anywhere, and the question arises as to how to support the child if the father does not pay child support.

Ukrainian legislation protects the rights of parents and children, and our law firm will help you figure everything out.

Article 180 of the FC of Ukraine enshrines the obligation of parents to support the child. Parents are obliged to support the child until he or she reaches the age of majority.

The methods by which parents fulfill their obligation to support the child are determined by
agreement between them.

If parents do not sufficiently provide for the maintenance of the child or voluntarily fail to fulfill their obligation of parental care under an agreement on the payment of child support, current legislation provides for the compulsory collection of child support by court order.

The absence of official income does not release parents from the obligation to support a minor child.

Thus, according to the provisions of the Family Code of Ukraine, the parent with whom the child resides has the right to apply to the court for the issuance of a court order for the recovery of child support in the amount of:

1. one quarter for one child;
2. one third for two children;
3. one half for three or more children

of the earnings (income) of the child support payer, but not more than ten subsistence minimums per child of the corresponding age for each child. This norm is set out in Article 183 of the FC of Ukraine.

Taking into account current legislative norms, the lack of stable earnings of the father or mother of the child does not exempt him or her from paying child support and taking all necessary measures to maintain the minor child.

The amount of child support must be necessary and sufficient to ensure the harmonious development of the child.

The minimum guaranteed amount of support for one child cannot be less than 50% of the subsistence minimum for a child of the corresponding age.

In other words, regardless of whether the father receives income or not, he still has the obligation to support the child.

How Is Child Support Calculated for an Unemployed Father?

The amount of child support is determined by the court, depending on the claims stated in the lawsuit and taking into account the provisions of the Family Code of Ukraine.

The debt for child support awarded as a fraction of earnings (income) is determined based on the actual earnings (income) that the child support payer received during the period for which child support was not collected, regardless of whether such earnings (income) were received in Ukraine or abroad.

We draw readers’ attention to the fact that the child support arrears of an unemployed father (the child support payer) who was not working at the time the arrears arose, or who is an individual entrepreneur under a simplified taxation system, or who is a citizen of Ukraine receiving income in a state with which Ukraine does not have a mutual legal assistance treaty, is determined based on the average salary of a worker in the given locality (region) . This provision is set out in Article 195 of the FC of Ukraine.

Also, if the source and amount of the child support payer’s earnings (income) abroad are established, at the request of the child support recipient, the state and/or private enforcement officer recalculates the arrears.

The amount of child support arrears is calculated by the state (private) enforcement officer, and in the event of a dispute, by the court.

Currently, the minimum amount of child support provided by law cannot be less than 50% of the subsistence minimum for a child of the corresponding age, that is:

• for a child under 6 years old, the amount cannot be less than UAH 1,281.50;
• for a child from 6 to 18 years old, not less than UAH 1,598.

Let us consider the method of calculating child support based on the average salary in the region for an unemployed father.

Example:

Consider a situation where the father of the child does not officially work anywhere, is registered and resides in Kyiv. If there is a court decision to collect child support and an open enforcement proceeding, the state (private) enforcement officer calculates child support based on the average salary in the region for the corresponding month. For instance, in November 2024, the average salary in Kyiv was about UAH 20,800.

To determine the amount of child support, taxes and mandatory contributions are deducted from the average salary, namely:

• personal income tax (18%) – UAH 3,744;
• military tax (1.5% or 5% – stated here as 5%) – UAH 1,040.

Hence, the base for calculating child support is:

20,800 – 3,744 – 1,040 = 16,016 UAH

For simplicity, let’s calculate child support for one child, which amounts to 25% of the resulting net income:

16,016 UAH x 25% = 4,004.00 UAH

This is the amount the debtor must pay monthly for the maintenance of the child for the period when he was not working.

If the father starts receiving official income, 25% will be withheld from his current monthly income, and the overdue arrears for the past period will be repaid in installments at UAH 4,004.00 per month. At the same time, lump sum deductions for child support should not exceed 50% of the amount of the income received.

In this example, the amount withheld for child support should not exceed:

8,008.00 UAH per month (16,016 UAH x 50%)

Features of Assigning a Fixed Amount of Child Support

When filing a lawsuit for the recovery of child support, the claimant has the right to request the court to collect child support in a fixed amount. If the claim is granted, this fixed amount will be collected from the debtor until the child reaches the age of majority, which can last 10–15 years. During this time, significant inflationary processes may occur in Ukraine, and the amount of child support will remain unchanged; over time, these funds will become insufficient for the maintenance and development of the child.

The claimant will have to repeatedly go to court requesting an increase in the child support amount or a change in the method of collection, or indexation. This is often difficult, as the claimant will each time need to consult a lawyer for professional legal assistance.

When determining a fixed amount of child support, the court takes into account:

1. the child’s health and financial situation;
2. the child support payer’s health and financial situation;
3. whether the child support payer has other children, a disabled spouse, parents, daughter, or son;
4. any property and property rights owned, possessed, and/or used by the child support payer (including movable and immovable property, funds, exclusive rights to intellectual property, corporate rights);
5. any expenses incurred by the child support payer, proven by the claimant, including for the purchase of immovable or movable property, in amounts exceeding ten times the subsistence minimum for an able-bodied person, unless the payer can prove the source of the funds;
6. other circumstances that are important in determining the fixed amount.

The court may also assign a fixed amount of child support if the payer does not have a permanent stable income or if it is too variable. In that case, the court can determine a fixed amount to be paid until the child reaches majority. If there are several children, the amount of payment for each child may decrease.

When child support is collected in a fixed amount, the claimant must provide documentary evidence in court of the legitimacy of his or her calculations and substantiate the demands.

This method of collecting child support in a fixed amount has its advantages and disadvantages for both parties. For example, if the child support payer loses a permanent job and is registered with the employment center, receiving unemployment benefits, he must still pay the fixed amount of child support determined by the court every month, regardless of the amount of assistance he receives. The amount of child support can exceed his allowance, and in such a case, the child support payer has the right to ask the court to change (reduce) the amount.

Note that the child support claimant can also petition the court to change the enforcement method of the child support order if the amount of child support is insufficient for the normal development of the child.

If you or your acquaintances face non-payment of child support, or the fixed amount is too low and insufficient for the child’s normal maintenance and development, our family lawyers will provide you with consultations on all legal issues, including additional expenses for child maintenance. We will help prepare an application to the court to change the enforcement method of the decision and address other matters.

For a more detailed legal consultation, you can contact our law firm at the numbers listed below.

Liability for Non-Payment of Child Support by an Unemployed Father

We draw readers’ attention to the fact that the liability for non-payment of child support, whether the father is unemployed or deliberately evades payment, is the same, except for criminal liability.

Thus, according to the Law of Ukraine “On Enforcement Proceedings,” in accordance with Article 71 “Procedure for Collecting Child Support,” the enforcement officer collects child support from the debtor in the amount determined by the enforcement document, but not less than the minimum guaranteed amount provided for by the Family Code of Ukraine.

If there is child support arrears whose total amount exceeds the sum of payments for three months, enforcement may be levied on the debtor’s property. Garnishment of wages does not prevent the debtor’s property from also being seized if there is still unpaid debt, the total amount of which exceeds the sum of payments for three months. In this regard, it makes no difference whether the father had a permanent job or intentionally evaded paying child support.

The child support recipient also has the right to collect a penalty (fine) of 1% of the unpaid child support amount for each day of delay (from the day the child support payment became overdue until the day it is fully paid or until the court issues a ruling on collecting the penalty), but not more than 100% of the debt amount. This rule is enshrined in Article 196 of the FC of Ukraine.

If there is a child support debt whose total amount exceeds the sum of the corresponding payments for one year, the enforcement officer issues a ruling imposing a fine on the debtor:

• 20% of the debt if it exceeds one year;
• 30% if it exceeds two years;
• 50% if it exceeds three years.

If the enforcement officer finds grounds indicating that the debtor’s actions constitute an administrative offense under Article 183-1 of the Code of Ukraine on Administrative Offenses, the state (private) enforcement officer prepares a report of an administrative offense and sends it to the court at the location of the state enforcement service.

According to Article 183-1 of the Code of Administrative Offenses, “Failure to Pay Child Support,” the failure to pay child support resulting in arrears exceeding the sum of the corresponding payments for six months from the day the enforcement document was submitted for compulsory enforcement entails the imposition of socially useful work for a period from 120 to 240 hours.

Note that under part 9 of Article 71 of the Law of Ukraine “On Enforcement Proceedings,” if there is a child support debt for more than four months, the enforcement officer issues reasoned rulings:

• on temporarily restricting the debtor’s right to travel outside Ukraine;
• on temporarily restricting the debtor’s right to drive vehicles;
• on temporarily restricting the debtor’s right to use hunting firearms and/or pneumatic weapons;
• on temporarily restricting the debtor’s right to hunt.

These restrictions remain in force until the arrears of child support are fully paid.

If the child support arrears exceed the sum of payments for three months, the enforcement officer explains to the claimant his or her right to contact the pre-trial investigation authorities with a complaint (notice) of a criminal offense committed by the debtor, namely the debtor’s evasion of paying child support.

Thus, for intentional evasion of paying child support, Article 164 of the Criminal Code of Ukraine “Evasion of Paying Child Support” provides for criminal liability in the form of community service from 80 to 120 hours, or arrest for up to three months, or restriction of liberty for up to two years.

For a more detailed legal consultation regarding the recovery of child support and its amount, we recommend that you turn to professionals – the lawyers of the “First Legal” law firm in Ukraine will help you! Fill out the application form on the website right now or call one of the following numbers: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.

Dear clients and partners,

We thank you for your trust and cooperation over the past year. May 2025 bring you stability, prosperity, and many victories—both in your professional and personal life.

We wish you confidence in every step, reliable partners, and the realization of all your goals. As always, we are ready to be your trusted legal advisor and support in any matters.

Warm regards,
First Legal

In recent times, the number of divorces has increased, making the issues of supporting minor (underage) children and collecting alimony particularly relevant. Under martial law conditions, when a married couple divorces and one parent lives abroad while the debtor (father or mother) remains in Ukraine, questions arise as to how to collect alimony for two children and what is required to do so.

In this article, we will examine what amount of alimony is collected for two children and how alimony for children is calculated. We will also consider what documents are needed to file a claim for alimony with the court, whether the children’s age affects the amount of alimony, and what the liability is for evading alimony payments. Let’s try to sort out the situation.

Legal Framework and Procedure for Collecting Alimony for Two Children

The Family Code of Ukraine defines the principles of marriage, the rights and obligations of parents and children, the procedure for collecting alimony, and the content of personal non-property and property rights of parents and children, as well as other family members and relatives.

According to the Family Code of Ukraine, both mother and father have equal rights and obligations regarding their child, regardless of whether they were married to each other. A divorce between the parents or their living separately from the child does not affect the scope of their rights and does not exempt them from their obligations to the child.

We draw readers’ attention to the general rule that alimony may be collected in two ways:

1. Out of court (without filing a lawsuit);
2. Through the courts.

If we consider out-of-court procedures, alimony can be paid by concluding an agreement between the spouses on alimony payments. In such an agreement, each party can specify the rights and obligations of the mother and father, the manner of supporting the children, and the amount and timing of alimony payments.

The alimony payment agreement must be in writing and notarized. It should specify the amount of alimony paid for each child until they reach adulthood. If one parent fails to fulfill their obligation under the alimony agreement, alimony may be collected on the basis of a notary’s enforcement note or through court proceedings.

If the parents cannot agree on child support, the spouse with whom the children live can apply to the court with a claim to collect alimony for their support.

Amount of Alimony for Two Children

Current legislation stipulates that the amount of alimony must be necessary and sufficient for ensuring the harmonious development of the child. The guaranteed minimum amount of alimony for one child cannot be less than 50% of the subsistence minimum for a child of the corresponding age.

Of course, if we are talking about an out-of-court arrangement for alimony payments, the spouses may agree on a significantly higher amount than that set by legislation, since the law sets only the “lower” (minimum) limit and does not restrict the “upper” (maximum) limit.

If alimony is collected through the courts, the amount is determined by the court depending on the claims stated in the lawsuit and in accordance with the norms of the Family Code of Ukraine.

The parent with whom the child resides has the right to apply to the court for a writ of execution (court order) to collect alimony in the amount of: one-quarter of the payer’s income for one child, one-third for two children, and one-half for three or more children. However, this amount may not exceed ten times the subsistence minimum per child of the corresponding age for each child. This norm is enshrined in Article 183 of the Family Code of Ukraine.

If alimony is collected for two or more children, the court determines a single share of the mother’s/father’s earnings (income) for their support, which will be collected until the eldest child reaches adulthood.

Upon the creditor’s request, the court may also establish a fixed amount of alimony, taking into account the parties’ property status, the child’s health, and other factors. However, this amount may not exceed ten times the subsistence minimum per child of the corresponding age. For instance, in 2024, the subsistence minimum for a child under 6 years old is 2,563 UAH, and for a child between 6 and 18 years old, it is 3,196 UAH.

Since the amount of alimony cannot be less than 50% of the subsistence minimum per child of the relevant age, for a child under 6 years it cannot be less than 1,281.50 UAH, and for a child from 6 to 18 years it cannot be less than 1,598 UAH. Thus, for two children, the total amount should not be less than 2,879.50 UAH.

The subsistence minimum changes annually depending on the minimum wage, which is specified in the Law of Ukraine “On the State Budget for 2024 (2025).” Correspondingly, payments for children also increase.

Example:

Consider a situation where the court orders 1/3 (33%) of the debtor’s total income to be paid as alimony for two children. If the eldest child has already turned 18, then half of that amount (i.e., 16.5% of the debtor’s income) would be paid for the second child. Given that the Family Code stipulates that for one child, 1/4 (25%) of income is collected, the alimony recipient would need to apply to the court to change the amount of alimony for the second child until that child reaches adulthood.

For more detailed advice, you can contact our law firm at the phone numbers listed below.

Procedure for Filing a Lawsuit to Collect Alimony

Alimony is collected by a court decision or on the basis of a court order. Many readers wonder which court to turn to for alimony collection if both the claimant and debtor are abroad but are registered in Ukraine.

The plaintiff (creditor) or their representative may apply to the court at the registered place of residence or stay of the debtor, or at their own registered place of residence or stay.

Therefore, there is no need to worry if you are abroad. Our family law attorneys in Kyiv can help you prepare a statement of claim or an application for a court order for alimony and submit it to the court.

Please note that to file a lawsuit or an application for a court order for alimony, you need copies of the following documents:

• Copies of passports with the place of registration and identification codes of the child’s parents (mother and father);
• Marriage certificate (copy);
• Children’s birth certificates (copies);
• Divorce certificate or a court decision on divorce that has entered into legal force (if applicable, copies);
• A certificate (extract) confirming the place of registration (for internally displaced persons, if applicable);
• Documents confirming the child’s disability status (if applicable);
• Documents confirming the applicant’s disability status (if applicable).

In different cases, the list of documents may vary depending on the circumstances regarding the collection of alimony (presence or absence of an alimony agreement, etc.).

Changing the Amount of Alimony and Liability for Non-Payment

The amount of alimony determined by the court decision or by agreement between the parents can be subsequently reduced or increased. Both the recipient of alimony (the parent with whom the children live) and the payer of alimony have the right to apply to the court with a relevant claim—either to increase or decrease the amount of alimony or the manner in which it is collected. Such a claim may be based on changes in material or family circumstances, deterioration or improvement of the health of the recipient or payer of alimony, or other cases provided by the Family Code.

Regarding the liability for non-payment of alimony:

If arrears arise due to the fault of the person obliged to pay alimony, whether under a court decision or an alimony agreement between the parents, the alimony recipient has the right to recover a penalty (fine) amounting to 1% of the unpaid alimony for each day of delay, starting from the day the payment was due until the day of full settlement or until the date the court issues a decision on collecting the penalty. However, the total penalty may not exceed 100% of the owed amount. This norm is prescribed in Article 196 of the Family Code.

Furthermore, state enforcement officers handling cases of alimony collection may, in addition to the penalty, impose fines ranging from 20% to 50% of the overdue alimony amount, depending on the length of the delay. These fines are collected by the enforcement officer and transferred to the recipient.

In addition to penalties, civil, administrative, and even criminal liability may apply for evading alimony payments.

Under Article 183-1 of the Code of Administrative Offenses of Ukraine, “Non-Payment of Alimony,” if the non-payment of alimony leads to arrears exceeding the total amount of the respective payments for six months from the day the enforcement document was submitted for compulsory execution, it entails community service from 120 to 240 hours. If non-payment of alimony concerns a child with a disability or a child suffering from a severe illness, and the total arrears exceed the amount of respective payments for three months, the debtor may be subjected to administrative liability in the form of community service from 120 to 240 hours.

Article 164 of the Criminal Code of Ukraine, “Evasion of Alimony,” provides for criminal liability in the form of community service for 80 to 120 hours, or arrest for up to three months, or restriction of liberty for up to two years for malicious evasion of alimony payments. For repeated convictions for malicious evasion of alimony, the penalties double.

If you or your acquaintances face issues with non-payment of alimony, our specialists can provide consultations on all legal matters, including parental involvement in a child’s upbringing. They can also help address issues related to the termination and/or restoration of parental rights, arranging visits with a child by a mother or father deprived of parental rights, removing a child from a person who is unlawfully withholding them, annulment of adoption, recognition of adoption as invalid, recovery of alimony, and other matters.

For more detailed consultation and specifics regarding the recovery and amount of alimony, you can contact the attorneys of the “First Legal” Ukraine Law Firm by filling out an application form on our website. You can also schedule a consultation with a lawyer in Ukraine or attorney by calling +38 (044) 35-35-164.

Currently, questions concerning the acceptance of inheritance and the procedure for its registration are very relevant. Citizens are faced with questions about what to do after the death of a close person? Where to go? What documents are necessary when formalizing inheritance rights?

We provide answers to these questions in brief form in this article.

Inheritance Registration

Inheritance registration in our country is exclusively within the competence of notaries. There is no difference between state and private notaries when registering inheritance—they both can perform this notarial action.

It is important to remember that inheritance registration has territorial limitations. An inheritance case is opened only at the last place of residence of the deceased person (at the last registered place of residence). If the place of residence of the deceased is unknown, the inheritance case is opened at the location of the inherited immovable property. In the absence of immovable property, inheritance registration is carried out at the location of the main part of movable property.

Currently, there are two types of inheritance in Ukraine: by will and by law. The legislator gives preference to inheritance by will since the will of the property owner and property rights is his priority right.

Therefore, inheritance by law occurs only when there is no inheritance by will, that is, there is no will (a disposition of a natural person in case of death made in the form established by law and certified by authorized officials).

When inheriting by law, the property passes to the heirs specified in the law according to the established order of priority. The current Civil Code of Ukraine provides for five lines of heirs by law. Each subsequent line is called to inherit in the absence of heirs of the previous line, their refusal, or non-acceptance of the inheritance. The shares in the inheritance of each heir by law are equal.

The grounds for calling to inheritance by law can be marital relations, kinship or family relationships, adoption, being dependent on the testator for at least five years before his death.

Acceptance of inheritance is a complex process that includes many legal nuances, so to successfully go through it, it is worth consulting with lawyers.

Deadlines for Acceptance of Inheritance

According to the legislation, the period for submitting an application for acceptance of inheritance is 6 months from the moment of the testator’s death. It is within this period that the notary can accept applications from all potential heirs and issue certificates only after the expiration of the specified 6 months.

What to do if the deadline for opening the inheritance is missed?

For those heirs who missed the deadline for submitting an application for acceptance of inheritance, there are 2 exceptions:

• Persons who permanently resided (were registered) with the testator at the time of opening the inheritance accept the inheritance automatically;
• Minor, underage, and legally incapable persons also accept the inheritance automatically.

If a person does not belong to the exceptions mentioned above, then with the written consent of the heirs who have accepted the inheritance, the heir who missed the deadline for acceptance of inheritance can submit an application for acceptance of inheritance to the notary office at the place of opening the inheritance. In the absence of such consent, upon the claim of the heir who missed the deadline for acceptance of inheritance for a valid reason, the court may determine an additional period sufficient for submitting his application for acceptance of inheritance.

Refusal of Inheritance

In case of acceptance of inheritance, it should be taken into account that acceptance of inheritance under condition or with reservations is not allowed. That is, you cannot accept only some part of the property included in the inheritance and refuse from another part altogether or accept it under some condition. An heir who has accepted part of the inheritance is considered to have accepted the entire inheritance.

It is worth noting that when accepting inheritance, not only the rights of the testator but also the obligations pass to the heir. In view of this, not only a positive balance—the inherited property—but also the negative—all the debts of the testator—are inherited. Therefore, if you find out that the debts of the testator exceed the value of the inherited property, you should think about whether it is worth accepting such inheritance.

In this case, such civil law norms as the right to refuse inheritance should be taken into account. If you do not wish to accept the inheritance, any heir can submit an application for refusal to accept inheritance. To formalize the refusal of inheritance, the heir needs to submit to the notary who opened the inheritance case an appropriate application. But we emphasize that such an application must be submitted within a certain period—before the expiration of the six-month period from the date of the testator’s death.

Such refusal of inheritance can be unaddressed—that is, just a refusal and that’s it—or addressed—in favor of another heir.

An heir by will has the right to refuse to accept inheritance in favor of another heir by will.

An heir by law has the right to refuse to accept inheritance in favor of any of the heirs by law, regardless of the line of inheritance.

Features of Inheritance Registration During Wartime

In connection with the full-scale invasion of the Russian Federation into Ukraine, a number of settlements in various regions of our state found themselves under Russian occupation. Because of this, many Ukrainians were forced to face the issue of inheriting property located in the temporarily occupied territory of Ukraine.

For such territories, an exception to the general rule is provided.

According to the general rule, the place of opening the inheritance is the last place of residence of the testator. However, if the last place of residence of the testator is a temporarily occupied territory, the place of opening the inheritance is considered to be the place where the first application is submitted. Submission of the application will testify to the expression of will regarding the inherited property, heirs, executors of the will, persons interested in the protection of such property, or creditors’ claims. Based on the received first application, the notary opens the inheritance case, which is subject to state registration in the Inheritance Register in the manner established by the Cabinet of Ministers of Ukraine.

Thus, the inheritance case can be opened in any settlement in the territory controlled by Ukraine.

Today, state registration of the fact of death that occurred in the temporarily occupied territory of Ukraine is carried out by the civil status registration authorities on the basis of a court decision establishing the fact of death in such territory, issued in the order of separate proceedings under a simplified procedure.

The new legislation establishes peculiarities regarding the calculation of time limits in inheritance during martial law on the territory of Ukraine and within two years from the day of its termination or cancellation. According to the general rule, the civil legislation establishes a period of 6 months for acceptance of inheritance, which is calculated from the day of the person’s death. If the death of a natural person is registered later than one month from the day of death of such person, the time limits specified in the Civil Code of Ukraine regarding inheritance are calculated from the day of state registration of the death of the testator.

If an inheritance has opened on the territory of Ukraine to which a person who has left abroad has the right, such person can contact the embassy/consulate of Ukraine in the country of their stay and certify their signature on the application for acceptance of inheritance.

If the death of a citizen was registered on the territory of another state, the notary is provided with the relevant document issued by the competent authorities of the foreign state, which is valid on the territory of Ukraine provided it is legalized, unless otherwise provided by law or international treaties of Ukraine.

Also, it is possible to certify an application for acceptance of inheritance with a notary of a foreign country with subsequent apostille affixed to such document.

An apostille is affixed to official documents used on the territory of countries that have signed the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (the Hague Convention) of October 5, 1961. Then such an application can be sent by postal service to a notary in the territory of Ukraine, as a result of which an inheritance case will be opened in the general order.

Necessary Documents for Inheritance Registration

A certificate of the right to inheritance is issued to the heirs after the expiration of the period for acceptance of inheritance (that is, as a general rule, after six months from the date of death). When issuing a certificate of the right to inheritance, the notary verifies the fact of the testator’s death, the time and place of opening the inheritance, the availability of grounds for calling heirs to inheritance by will/law, and the composition of the inherited property.

To confirm these facts, the notary requests the relevant documents.

In one case or another, the list of documents is variable, depending on the methods of inheritance, hereditary relations, and the inheritance mass.

Approximately, the following documents can be named:

• Death certificate of the testator;
• Certificate of the cause of death;
• Certificate of the last place of registration of the testator;
• Certificate of persons registered together with the testator;
• Will (if available);
• Passport and tax identification number of the heir;
• Documents confirming family relations (birth certificate, marriage certificate, name change certificate, etc.);
• Title documents in the name of the deceased (documents of ownership of real estate, bank deposit agreements, vehicle registration certificate, etc.).

For more detailed consultation and features of acceptance and registration of inheritance, 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.

One of the important aspects when preparing a response to a statement of claim, regardless of the type of legal proceedings in which the case is considered, is the timely and well-prepared objections against the claim demands by providing the court with evidence that confirms the defendant’s disagreement with the claim demands.

In our article, we will examine important legal aspects that are crucial to consider when preparing and submitting a response to a statement of claim, namely: deadlines for submitting the response; how the statute of limitations affects the denial of the claim; how to gather evidence on which the defendant’s objections are based; and the procedure for submitting them to the court.

Deadlines for Submitting the Response

According to the norms specified in the procedural codes, a response to a statement of claim is submitted within the period set by the court, which cannot be less than 15 (fifteen) days from the date of delivery of the court’s ruling on the opening of proceedings in the case. The court must set such a deadline for submitting the response that allows the defendant to prepare their objections, gather the necessary evidence, send them to the plaintiff along with the response and confirmation of sending them to the plaintiff, and submit the response and evidence to the court.

It is important that if the defendant does not manage to submit the response within the period defined by the court, the defendant, in order to protect their interests and consider all the evidence they have during the court’s consideration of the case, needs to submit a motion (application) to extend the deadline for submitting the response.

Thus, according to Part 2 of Article 127 of the Civil Procedure Code of Ukraine: “The procedural period set by the court may be extended by the court upon the application of a party to the case, submitted before the expiration of this period, or on the initiative of the court.”

Indeed, if the defendant fails to provide a response within the period set by the court and does not submit a motion (application) to extend the deadline for submitting the response before the expiration of this period, the court will decide the case based on the available materials, which may lead to the defendant’s position not being considered and negative consequences arising.

Statute of Limitations

One of the ways to protect the Defendant’s interests is to establish the statute of limitations, determining whether the plaintiff has violated the deadlines for applying to the court.

According to Article 256 of the Civil Code of Ukraine (hereinafter referred to as the CCU), the statute of limitations is the period within which a person may apply to the court with a demand to protect their civil right or interest.

The statute of limitations periods can be of two types:

• general;
• special.

The general statute of limitations is established as three years (Art. 257 CCU).

The special statute of limitations, established by legislation for certain types of demands and taking into account the specifics of these relations, may be either shorter or longer compared to the general statute of limitations.

A special statute of limitations of one year applies, in particular, to demands for the recovery of penalties (fines, forfeits), and others.

For advice on the application of special statutes of limitations, you can consult our lawyers in Kyiv by contacting the phone numbers listed below.

Courts apply the statute of limitations upon the motion of a party to the case (defendant); at the same time, the court establishes when the person became aware of the violation of their rights and interests and verifies the evidence provided by the plaintiff. If the plaintiff has not provided evidence about the circumstances that became known to them and did not apply to the court with a motion to restore the missed deadlines for valid reasons, the court, upon the motion of a party to the case (Defendant), may apply the statute of limitations.

Gathering Evidence

One of the aspects of the defense strategy when preparing a response is to check the circumstances (facts) indicated by the plaintiff for compliance with the actual circumstances of the case, the availability of evidence from the plaintiff that confirms the claim, and the collection of evidence by the defendant that refutes the circumstances stated by the plaintiff in the claim.

Along with the response, the defendant provides the court with evidence that confirms the circumstances on which the defendant’s objections are based, and documents that confirm the sending (providing) of the response to other participants in the legal process. A copy of the response and the documents attached to it must be sent to other participants in the case simultaneously with sending the response to the court.

We draw your attention to the fact that to obtain evidence, the defendant can independently send a request for public information in accordance with the Law of Ukraine “On Access to Public Information,” write an application, citizen’s appeal in accordance with the Law of Ukraine “On Citizens’ Appeals” and the Law of Ukraine “On the National Archival Fund and Archival Institutions,” or contact our legal company to prepare and send an attorney’s request in accordance with Article 24 of the Law of Ukraine “On Advocacy and Advocacy Activities.”

Please note that the response to citizens’ appeals is provided by the executor within 30 days, and to an attorney’s request within 5 working days.

By contacting our specialists, you will spend minimal time and will timely receive the appropriate evidence in the case.

Also, specialists of our legal company will help you prepare a response to the statement of claim and prepare other necessary motions, applications to the court, in particular, for the retrieval of evidence that is with other participants in the legal process.

Requirements for the Content and Form of the Response

Given that the response is classified as a statement on the merits of the case, the relevant procedural codes of Ukraine provide for the corresponding requirements for the response, which are essentially similar to the requirements for a statement of claim. Therefore, it is very important for the defendant to comply with such requirements so that it is taken into account by the court during the consideration of the case on the merits.

For a more detailed consultation with a lawyer in Kyiv and for the preparation of a response or any other procedural documents, you can contact the lawyers of the legal company “First Legal” by filling out the 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.

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