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How to declare funds at the border?

The military aggression of the Russian Federation has contributed to the emigration of Ukrainian citizens abroad, with some citizens planning to purchase real estate there.

This has led to questions from readers about how much money can be safely taken abroad in cash or on a bank card.    

To declare funds at the border, you must follow the official procedure, which depends on the country you are leaving or traveling to.

In Ukraine (upon entry or exit), you can carry cash in an amount of up to €10,000 (or the equivalent in other currencies/metals) without filling out a written declaration, but this does not exclude the possibility of being checked.

Please note that if a family of three is traveling, the limit of €10,000 applies to each person, including children. However, each person must physically cross the border with their own funds.

When crossing the border, if the currency is different from the euro, you must calculate the amount in euros at the official exchange rate of the National Bank of Ukraine on the day of crossing the border.

If the amount is less than the equivalent of €10,000, you can go through the “green corridor” without declaring it, or if the funds are on a bank card (the amount on the bank card does not exceed €10,000 and does not need to be declared).

If the amount of funds is equal to or exceeds 10,000 euros, you must fill out a declaration and submit it to the customs authorities (the declaration form for cross-border movement has been approved by Resolution of the Cabinet of Ministers of Ukraine No. 203 of February 27, 2019 “Certain issues of cross-border movement of currency values by individuals”). The declaration form can be printed in advance and filled out by hand before crossing the border so that you do not waste extra time filling it out or obtaining a form at the border. Funds held on a bank card exceeding EUR 10,000 must also be declared.

Each family member whose funds exceed €10,000 must complete a declaration. For children under 16, the declaration must be completed by a legal representative or one of the parents. 

There are no legal restrictions on the maximum amount of money that can be taken out of Ukraine.

Many readers have questions: how to declare funds?

First of all, you need to fill out a customs declaration form, indicating the total amount of funds being transported by the person, and pass through the “red corridor” at the border, providing explanations and supporting documents on the origin of the funds, indicating the purpose of the transfer (purchase of real estate, medical treatment, etc.) and providing your passport details.

The main documents confirming the origin of funds may include:

  • Real estate purchase and sale agreements in Ukraine and bank statements confirming the receipt of funds from the sale of real estate;
  • Receipts for withdrawing money from a bank card or documents confirming the exchange/purchase of currency, precious metals, etc.

Note:

Please note that documents confirming cash withdrawals from a bank are valid for 90 days from the date of withdrawal.

What is considered cash?

  • Cash.
  • Traveler’s checks.
  • Bonds, bills of exchange.
  • Bearer checks.

If you are transporting precious metals or valuables, their value is also converted into euros at the NBU exchange rate and this amount must also be declared.

Responsibility for violation of customs rules

Part 1 of Article 471 of the Customs Code of Ukraine (hereinafter referred to as the CC of Ukraine) provides for liability for failure to declare goods transported across the customs border of Ukraine by citizens, namely:

– for failure to declare currency values transported by citizens across the customs border of Ukraine, in an amount exceeding that permitted by Ukrainian law for their movement without written declaration, shall entail the imposition of a fine in the amount of 20% of the amount exceeding that permitted by Ukrainian law for the movement of currency values without written declaration, according to the official exchange rate of the National Bank of Ukraine on the day of the violation of customs rules.  

Part 2 of Article 471 of the Customs Code of Ukraine provides that failure to declare goods (except those specified in parts one and/or three of this article) transported across the customs border of Ukraine by citizens shall entail the imposition of a fine in the amount of 30 percent of the value of these goods.

Part 3 of Article 471 of the Customs Code of Ukraine provides that failure to declare goods (except for currency values) that are subject to prohibitions and/or restrictions established by law on import into the customs territory of Ukraine or export from this territory and which are transported by citizens shall entail the imposition of a fine in the amount of three hundred non-taxable minimum incomes of citizens with or without confiscation of such goods.

Please note that failure to declare or providing false information in the declaration may result in the blocking of funds, fines, or administrative liability.

Advice to readers for safe border crossing:

  • Before traveling, check the current rules on the website of the customs service of the country you are traveling to and from.
  • Prepare a complete set of documents before your trip.
  • If the amount exceeds €10,000, fill out a customs declaration.
  • If possible, use bank cards or cashless transfers – this reduces your risks to “0”.

If you are carrying large sums of money, it is best to consult with a lawyers in Ukraine  from our law firm and accountants who provide accounting services in Ukraine, who will help you avoid trouble and provide high-quality legal services, including all necessary measures to effectively resolve your issues.

The list of services provided by our lawyers in Kyiv, set out on this page, is not exhaustive and is for reference purposes only! 

For more detailed legal advice on the safe transfer of large sums of money that you plan to transport, please contact the professionals at the law firm in Ukraine “First Legal,” who 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.

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How to find out how much child support you owe?

Child support arrears can have serious consequences for the debtor, including financial penalties, restrictions on rights, and even criminal liability. It also affects the ability to travel abroad, obtain a driver’s license, and dispose of property. 

You can find out whether you have any child support arrears in Ukraine online using the following resources:

1. Through the Unified Register of Debtors, website: erb.minjust.gov.ua/#/search-debtors, this can be done online, free of charge.

To do this, you need to go to the website of the Unified Register of Debtors, which is the official database of the Ministry of Justice of Ukraine containing information about persons who have arrears in alimony payments. To do this, the debtor must enter their surname, first name, and patronymic, as well as their date of birth on the website, which will allow the debtor to be accurately identified. If a person has child support arrears, they will be listed in this register.

2. Through the Diia portal (online), website: id.diia.gov.ua, you can open enforcement proceedings to collect child support arrears.

To do this, you need to install the app on your phone, and the debtor must be authorized in the “Dія” system via Banking or via a qualified electronic signature (QES).

You can find out about alimony arrears online in the “Dія” system in the “Servers” section under the link “Enforcement proceedings.”

3. Through the online enforcement proceedings office at: asvpweb.minjust.gov.ua/#/search-debtors by entering the ID (login and password) specified in the decision to open enforcement proceedings.

Log in via the link “Access of parties to enforcement proceedings” by entering the registration number of the enforcement proceedings in the automated enforcement proceedings system and the access identifier specified in the decision to open enforcement proceedings. The search results will show the amount of debt and information about debts to state/private enforcement agents and the measures taken by the enforcement agent (seizures).

Please note that the amount of debt may differ from the actual amount. To verify this, you need to check with the state/private enforcement officer in charge of the enforcement proceedings.

To clarify the information, the person may contact the State Enforcement Service or a private enforcement agent in person or through the electronic office of enforcement proceedings, submitting a request for information on the amount of arrears in alimony or providing supporting documents confirming the payment of alimony.  

4. Through the chatbot or the Open Data Bot service at opendatabot.ua/registry, download the bot in Telegram or Viber and enter your last name, first name, and patronymic, date of birth (you can also use your taxpayer identification number in the mobile app). The bot will show whether the person is listed in the register of alimony debtors. You can obtain this information online via your phone by downloading this chatbot.

Please note that the information received will not include the amount of debt, but only the presence or absence of the debtor in the register of alimony debtors.  

For more detailed information about the amount of alimony arrears, if you do not have an identifier, you can submit a corresponding application (letter) by post or email to the enforcement service (private enforcement agent) handling the enforcement proceedings for obtaining the specified information.

The debtor and/or the claimant may also apply through their representative (family lawyer) with a lawyer’s request to the enforcement service or private enforcement agent to obtain information (certificate) about the amount of arrears in alimony payments or the absence thereof.

Please note that the certificate received regarding the amount of arrears in alimony payments is valid for 30 days from the date of its issuance.

Our law firm in Ukraine will help you find out the actual status of alimony payments by contacting the enforcement service and/or private enforcement agent in charge of the enforcement proceedings with a lawyer’s request. This will help you obtain the necessary information as quickly as possible. Please note that a response to a lawyer’s request is provided within 5 working days, and your request may be considered within 30 days.

Please note that regular payment of alimony and verification with the enforcement service will help the debtor avoid unnecessary trouble and litigation to challenge the unlawful actions (inaction) of a state/private enforcement officer.

If you have any doubts about the absence of arrears in alimony payments, it is better to consult a lawyer at our law firm, who will help you avoid trouble and provide high-quality legal services, including all necessary measures for the effective resolution of your issues.

The list of our services on this page isn’t complete and is just to give you an idea!  For more detailed legal advice on the payment of alimony and the possible legal consequences of non-payment, please contact the lawyers in Ukraine at the First Legal law firm in Kyiv, who will be happy to 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

Posted on Categories NewsLeave a comment on How to cancel a court order?

How to cancel a court order?

What is a court order and when is it issued?

Court orders date back to Ancient Rome. Praetorian interdicts are considered to be the prototype of modern court orders. Following the consideration of a case (causae cognitio) by a praetor, the latter issued an interdict (order) obliging the defendant to comply with an unconditional injunction. The interdict could be challenged without leaving the praetor’s court by requesting the appointment of a judge. In such a case, the application was considered by a judge, who could either confirm the interdict or revoke it.

The idea of a simplified procedure for considering cases was adopted by European medieval states and has survived to the present day.

Today, a court order is a special form of court decision issued by a court following the consideration of cases concerning the recovery of small amounts of money. At the same time, there must be no dispute regarding the amounts that the claimant is seeking to recover, i.e., it is assumed that the debtor does not dispute either the existence of the debt or the amount of the debt, and the court, when considering the claims in summary proceedings and issuing a court order, does not examine the merits of the claims made by the claimant.

It should be noted that the law does not provide a clear definition of “small amount,” but judicial practice, as a rule, equates it to “minor cases” and limits it to thirty times the minimum subsistence level (as of 2025, this amount is 90,840 hryvnias). At the same time, for certain categories of cases, the state has directly established a limit on “insignificant amounts,” with special restrictions applying to the payment of alimony and claims against legal entities or individual entrepreneurs.

In what cases can a court order be issued?

In addition to the amount limit, the law also limits the list of claims for which a court order may be issued. These claims include:

1) a claim for the recovery of wages and average earnings accrued but not paid to an employee for the period of delay in payment;

2) a claim for compensation for the costs of searching for the defendant, debtor, child, or the debtor’s vehicles;

3) a claim for the recovery of arrears for the payment of housing and communal services, electronic communication services, television and radio broadcasting services, taking into account the inflation index and 3 percent per annum accrued by the claimant on the amount of the arrears;

4) a claim for the recovery of alimony in the amount of one quarter for one child, one third for two children, for three or more children – half of the earnings (income) of the person paying alimony, but not more than ten subsistence minimums for a child of the corresponding age for each child, if this claim is not related to the establishment or contestation of paternity (maternity) and the need to involve other interested persons;

5) a claim for the recovery of child support in a fixed amount of 50 percent of the subsistence minimum for a child of the corresponding age, if this claim is not related to the establishment or contestation of paternity (maternity) and the need to involve other interested persons;

6) a claim for the return of the cost of goods of inadequate quality, if there is a court decision that has entered into legal force establishing the fact of the sale of goods of inadequate quality, adopted in favor of an indefinite circle of consumers;

7) a claim against a legal entity or individual – entrepreneur to recover debt under a contract (other than for the provision of housing and communal services, electronic communications services, television and radio broadcasting services) concluded in writing (including electronic form), if the amount of the claim does not exceed one hundred times the minimum subsistence level for able-bodied persons.

The court shall consider the application for a court order within five days of receiving information about the registered place of residence (stay) of the individual debtor. If the debtor specified in the application for a court order is a legal entity or individual entrepreneur, the court shall consider the application within five days of its receipt.

In this case, the application for a court order is considered without a court hearing and without notifying the applicant and the debtor. The court order itself is an enforceable document that can be presented to the enforcement authorities.

In such situations, we recommend seeking professional assistance from our law firm in Ukraine, with experienced lawyers in Kyiv who have expertise in summary proceedings. Qualified legal advice will help you prepare your application correctly and avoid procedural errors. An experienced lawyer will ensure that your interests are properly represented in court and increase your chances of a positive outcome.

Procedure for appealing a court order

As mentioned above, a court order is a special form of court decision.

This feature is manifested not only in the conditional scope of its issuance, in restrictions on the amounts and categories of cases for which a court order may be issued, but also in the peculiarities of its cancellation, since a court order, unlike a court decision, is not subject to appeal.A court order may be revoked by the same court that issued it, for which purpose a corresponding application for revocation of the court order must be filed with the court.

This application may be filed within fifteen days of the date of delivery of a copy of the court order to the debtor. It should be noted here that the court, together with the court order, must send a copy of the application for the issuance of a court order and the documents attached to such application.

The application for revocation of the court order shall be accompanied by a document confirming payment of the court fee (0.05 of the minimum subsistence level for able-bodied persons, which as of 2025 is 151.40 hryvnia), a request for the restoration of the missed deadline (if the application for the revocation of the court order is filed after the expiry of the fifteen-day period for filing such an application) and a document confirming the powers of the debtor’s representative (if the application is filed by the debtor’s representative).

The submission of a duly executed application for cancellation of a court order within the specified time limit is an unconditional ground for the court to issue a ruling cancelling the court order.

At the same time, court orders for the recovery of alimony cannot be canceled by the court that issued them. The debtor under such a court order may either file a claim for a reduction in the amount of alimony in general proceedings or file an application for a review of the case on the basis of newly discovered circumstances.

Also, at the request of the claimant or the debtor, the court may declare the court order unenforceable in whole or in part.

The grounds for recognizing an enforcement document as unenforceable in whole or in part are the court’s finding that the court order was issued in error or if the debt is wholly or partially extinguished due to its termination, voluntary performance, or other reasons.

The cancellation of a court order is a process that, on the one hand, is formalized by a single application, but on the other hand, is a responsible step that requires professional knowledge and skills. After all, the submission of an improperly executed application for the cancellation of a court order will result in its return by the court without consideration and complicate the appeal of the court order in the future.

If a court order has been issued against you, please contact the lawyers of the First Legal Law Firm by filling out the application form on our website or by calling us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.

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Debt collection from a counterparty in Ukraine

Perhaps the most common category of cases is debt collection from a counterparty in Ukraine (your buyer, customer, etc.). This category of cases is fairly typical and straightforward, provided that the key points that are important for this category of cases are taken into account and followed.

In this category of cases, it is important to pay attention to the following key elements:

  1. The current status of the debtor
  2. The statute of limitations
  3. Documents confirming the relevant business transaction that gave rise to the receivable (sale/delivery of goods, provision of services, performance of work, etc.).

Let us consider each of these key elements in more detail.

Current status of the debtor

It is very important to find out whether your debtor is in the process of termination/liquidation of the enterprise in Ukraine or liquidation of the individual entrepreneur, because then it is important not to miss the deadline within which it is possible to apply to the debtor to satisfy your claims (as a creditor) or to the debtor’s successor (if applicable during termination).

It is equally important to check the counterparty (debtor) who has not paid you for goods delivered or services provided/work performed, etc. in the Unified Register of Debtors, which will allow you to find out whether your counterparty is a debtor in other cases and whether there are any active enforcement proceedings against such debtor and their number.

It would also be useful to check whether your debtor is involved in other legal disputes and in what capacity (as a claimant or debtor).

All of the above measures are necessary if you want the process of collecting receivables from your debtor to be realistic and truly effective, rather than becoming a process “for the sake of the process.”

Statute of limitations

The statute of limitations is the period within which a person may apply to a court to protect their civil rights or interests. The general statute of limitations is three (3) years, calculated from the date when the person became aware or could have become aware of the violation of their rights or of the person who violated them.

Therefore, if your counterparty has violated its financial obligations to you for goods delivered, services provided, work performed, or other obligations, it is important not to delay in contacting the counterparty in a pre-trial manner or in court. For example, if you delivered a batch of goods to your counterparty on July 15, 2022, and the payment deadline under the contract was set within 2 (two) months after delivery (i.e., by September 15, 2022), then you, as the creditor (the party entitled to demand performance of the obligation from the debtor), have a breach of contract in terms of payments to you starting from July 16, 2022. That is, starting from July 16, 2022, the limitation period begins and you have 3 (three) years to contact the counterparty in a pre-trial procedure with a corresponding claim or with a corresponding lawsuit to the court and demand the recovery of the amount of debt for the delivered goods, annual interest and inflation increases, as well as other penalties, if specified in the contract (penalty, fine, etc.).

Documents confirming the relevant business transaction that gave rise to the debt

The main documents confirming the relevant business transaction (delivery of goods, performance of work, or provision of services) and which are mandatory for the recovery of debt from the counterparty both in pre-trial and in court proceedings are primary documents, i.e., the relevant delivery note for the goods delivered or the act of acceptance and transfer of the services provided or work performed. This is the main document certifying the fact that you have performed the relevant transaction (action) and the fact that it has been accepted by the other party (buyer, customer, etc.).

It is important that the primary documents are drawn up in full compliance with the requirements of the current legislation (Article 9 of the Law of Ukraine “On Accounting and Financial Reporting in Ukraine”), namely, they contain such mandatory details as: the name of the document (form); the date of compilation; the name of the enterprise on behalf of which the document is drawn up; content and scope of the business transaction, unit of measurement of the business transaction; positions and surnames of persons responsible for the business transaction and its correct execution; personal signature or other data enabling identification of the person who participated in the business transaction. Such primary documents may be drawn up in paper or electronic form.

!!! Always pay attention to the powers of the persons who signed the primary document if this person is someone other than the head of the business entity. In this case, you must have a power of attorney or other document (order, etc.) granting such person the authority to accept and sign for the relevant goods, work, or services.

Of course, if you have a contract with your counterparty for the supply of goods, performance of work, or provision of services, this will only increase your chances of recovering penalties (penalties, fines) in addition to the amount of the debt, if such penalties are specified in the contract. After all, the contract specifies clear payment terms, penalties for late payment, etc.

!!! But even if you have not signed a contract with your counterparty, this does not mean that you will not be able to collect the debt from your counterparty. The main thing is that the primary documents confirming the fact of the relevant business transaction between the two parties have been signed.

Therefore, if your counterparty is actually operating, has not been terminated and is not in liquidation, and the statute of limitations has not expired, you can safely prepare a claim to collect the debt in a pre-trial procedure or immediately prepare a lawsuit.

Even if your counterparty is simultaneously involved in other court cases or is a debtor in enforcement proceedings, this does not prevent you from recovering the debt. To ensure a real mechanism for debt collection, there are measures to secure a claim (such as seizure of property and/or funds belonging to the defendant; prohibition of the defendant from performing certain actions; etc.), which will help to further guarantee the actual collection of the debt from the debtor in your favor in the future.

The attorneys and lawyers at Persha Yuridichna Law Firm in Ukraine have extensive and successful experience in debt collection cases. We are familiar with all the legal intricacies of this type of case, so we will be happy to provide you with legal advice or prepare a claim and/or a lawsuit for you to best protect your interests.

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.

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State registration of property rights to real estate in Ukraine

State registration of property rights to real estate is the official recognition and confirmation by the state of the fact of the emergence of property rights to real estate and their assignment to a specific entity. The fact of registration of ownership of immovable property often needs to be confirmed in order to obtain certain administrative services, for example, when declaring a place of residence or performing legal acts with such immovable property. State registration of property rights is particularly important for owners who acquired these rights before 2013 (before the introduction of the State Register of Property Rights). Therefore, it is not advisable to postpone state registration of ownership of real estate.

The main law that regulates the procedure for state registration of property rights is the Law of Ukraine “On State Registration of Property Rights to Real Estate and Their Encumbrances.”

State registration of real rights to immovable property is carried out by state registrars of the executive bodies of village, settlement, and city councils or by notaries (state and private).

The exhaustive list of documents to be submitted for state registration depends on the type of real estate (building, land plot, apartment, etc.) and the grounds for its acquisition. This usually includes:

  • a document establishing legal title (e.g., certificate of ownership of the dwelling, state act on land, purchase and sale agreement, etc.);
  • a document confirming payment of the administrative fee;
  • a document confirming the identity of the applicant;
  • a document confirming the representative’s authority (if a representative is involved, for example, a notarized power of attorney).

Terms for state registration of ownership of immovable property: state registration of ownership and other property rights is carried out within a period not exceeding five working days from the date of registration of the relevant application.

An administrative fee is charged for registration. For state registration of ownership, an administrative fee of 0.1 of the minimum subsistence level for able-bodied persons is charged. Higher administrative fees are set for shortened deadlines for consideration of submitted documents, namely:

  • 1 minimum subsistence level for able-bodied persons – within two working days;
  • 2 subsistence minimums for able-bodied persons – within one working day;
  • 5 subsistence minimums for able-bodied persons – within 2 hours.

Based on the results of state registration of property rights, the applicant receives a corresponding extract from the state register, the authenticity of which can be verified on the official website of the Ministry of Justice of Ukraine.

If you have any additional questions regarding state registration of property rights to real estate, we recommend that you consult a lawyer in Ukraine (Kyiv). The lawyers in Ukraine at First Legal Law Firm in Ukraine will be happy to advise you on issues related to state registration of property rights and, if necessary, represent your interests and ensure the desired result.

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How to remove a person from apartment registration?

In Ukraine, a person can be removed from apartment registration (i.e., deregistered from their declared/registered place of residence) in several ways, depending on the legal grounds for deregistration.

Legislation defines the following grounds for deregistering a person from an apartment:

  • voluntary deregistration by the person from the declared/registered place of residence;
  • decision of the apartment owner to deregister a person from the apartment;
  • by court decision;
  • death of the registered person.

Both registration and deregistration are handled by local self-government authorities. Applications are submitted in person (e.g., via the CNAP) or, in some cases, online through the Diia Portal.

Let’s examine each of the above grounds in detail.

Voluntary deregistration from the declared/registered place of residence.

There are two ways to voluntarily deregister:

1. Submitting an application through the CNAP.

Required documents:

  • passport;
  • for conscripts – military registration document;
  • proof of payment of administrative fee.

If you are 18 or older and not subject to military service, you can also apply via the Diia Portal.

If deregistration is due to permanent relocation abroad, additional documents must be submitted confirming authorization from the SMS territorial body or from a Ukrainian diplomatic mission abroad.

Special rules for children:

  • For children under 14, one parent submits the application with the consent of the other parent (either in person or notarized). A birth certificate must also be provided.
  • For children aged 14 to 18, deregistration is done by personal application with parental consent.

Although legislation allows children aged 14+ to apply electronically with a digital signature, this function is not yet operational in practice.

2. Changing place of residence (registration at a new address with simultaneous deregistration)

This is done by submitting a single application to the CNAP at the new address.

The new registration office notifies the previous one electronically.

Application can be submitted in person or through Diia.

Unlike ordinary deregistration, this option is available for children under 14 (submitted by parents). Children aged 14 to 18 apply independently.

Owner’s decision to deregister a person from an apartment

The owner may apply to deregister a person.

Required documents: :

  1. passport;
  2. proof of ownership;
  3. proof of administrative fee payment.

This option is not available via the Diia Portal.

Important restrictions:

  • A co-owner cannot be deregistered without their consent;
  • If parents are deregistered, their child is also deregistered;
  • A child cannot be deregistered if one of the parents is the owner;
  • The application must be submitted by an adult or legal representative.

Deregistration by court decision

Legislation defines an exhaustive list of court rulings based on which a person may be deregistered:

  • loss of ownership or right to use housing;
  • eviction;
  • deregistration from place of residence;
  • declaration as missing or deceased.

A copy of the court ruling with confirmation of its legal force must be attached. No administrative fee is charged.

Lawyers of Law Firm First Legal in Ukraine will collect the necessary evidence, prepare the lawsuit, represent your interests in court, and obtain a decision.

The Supreme Court of Ukraine emphasizes that deregistration is closely tied to property rights.

In a ruling dated February 19, 2020 (case №520/5442/18), the Grand Chamber stated that deregistering a person depends on resolving property ownership issues.

In a May 22, 2024 decision (case №674/1391/20), the Supreme Court noted that deregistration is only possible if the person has lost the right to use the housing or has been evicted (voluntarily or forcibly).

The plaintiff is usually the property owner, but depending on the case, it may be a local government body (for municipal housing), a lawful occupant, or a mortgagee.

Applications to declare a person missing or deceased may be submitted by family members or other interested parties if it affects their rights or interests.

By contacting the lawyers of First Legal Ukraine, you will receive a complete and detailed consultation on all aspects of deregistration, including full legal representation. Fill out the application form on our website or call us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.

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How to restore a birth certificate? How to obtain a duplicate of a birth certificate

A birth certificate is an important document that confirms the fact of a person’s birth. In cases of loss or damage, it becomes necessary to restore the certificate. The process of restoring a birth certificate in Ukraine is regulated by law and may involve several steps.

Often, when processing documents abroad, an apostille is required. Apostilles in Ukraine are not issued for birth certificates of the Soviet model — a new-format duplicate must be obtained.

A birth certificate can only be restored in the country where the birth was registered.

If the birth was registered in Ukraine or the former Ukrainian SSR, you can apply to any Civil Registry Office (RACTS) to obtain a duplicate. Ukraine has a unified civil status register, so registry offices are centralized — there’s no need to contact your place of registration or residence. If you live abroad, you can apply through the Consulate of Ukraine.

Important nuance:

If you apply to the same RACTS that registered the birth, the duplicate will be issued faster.

If the application is submitted in a different region, it may take longer, as an interregional request must be made to the original registration office.

Please note: the service is unavailable in temporarily occupied territories or zones of active hostilities.

The key principle: the paper archive is stored in the place where the birth was registered.

If the birth was registered in the former USSR, you need to identify which republic issued it and send a request under that country’s legal procedure.

If the registration took place in an embassy of the former USSR in Albania, Bulgaria, the GDR, Poland, Romania, Hungary, or Czechoslovakia, the archives were transferred to Moscow after the collapse of the USSR. Retrieving this data now requires an individual request.

It’s important to note that on December 27, 2022, Ukraine suspended the application of the Minsk Convention of January 22, 1993, on legal assistance with the Russian Federation and the Republic of Belarus. From that date, documents from those countries are legally valid in Ukraine only if apostilled in accordance with the 1961 Hague Convention.

Similarly, Ukrainian documents intended for use in Russia or Belarus must be apostilled under Ukrainian law.

To restore a birth certificate in Ukraine, the following documents are usually required:

  • Application for restoration (can be completed at the Civil Registry Office)
  • Identity document (Ukrainian or other passport)
  • If available, a copy of the lost birth certificate (helps speed up the process)
  • Documents confirming surname change (if applicable)
  • Identity documents of the child (if the person is a minor)
  • Payment receipt for the state fee

You may obtain a duplicate:

  • Online via the Diia portal
  • Offline — in person, via a representative with a power of attorney, or through a lawye

If the certificate is being restored for a minor, parents or legal guardians may apply on their behalf.

Restoring a birth certificate can take time and requires preparation. However, by following the legal steps, you can resolve the matter promptly with our assistance.

If you need to obtain a duplicate birth certificate, contact the lawyers in Kyiv of “First Legal” by filling out the form on our website or calling:

+38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89

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How to restore a marriage certificate?

Losing a marriage certificate can be an unpleasant situation, but there’s no need to panic — the document can be restored.

In this article, we’ll explain how to restore a marriage certificate issued in Ukraine and the requirements under the law.

A marriage certificate may be lost due to various reasons: lost, stolen, damaged, or destroyed. Often, apostille certification is required when using the document abroad. Apostilles are not issued for Soviet-style marriage certificates — a new-style duplicate must be obtained.

A marriage certificate can only be restored in the country where it was originally registered.

If the marriage was registered in Ukraine or the former Ukrainian SSR, you can contact any civil registry office (RACTS) in Ukraine and obtain a duplicate. As Ukraine has a unified civil status register, the RACTS system is centralized, so it is not tied to your place of residence. If you live abroad, you can apply for this service at a Ukrainian consulate.

Please note the following nuance:

If you apply to the RACTS office where the marriage was registered, the duplicate can be issued quickly.

If the application is submitted to a RACTS office in another region, the request must be forwarded to the original registration office, which takes longer.

Important: the service is unavailable in temporarily occupied territories and active combat zones.

The key principle is that paper archives are stored in the place of marriage registration.

If you want to obtain a duplicate certificate for a marriage registered in the former USSR, you need to check in which republic the marriage was recorded. The request must then comply with the legislation of that country.

If the marriage was registered at a Soviet embassy in Albania, Bulgaria, the GDR, Poland, Romania, Hungary, or Czechoslovakia, those archives were transferred to Moscow after the USSR’s collapse. Thus, obtaining a duplicate will require an individual request.

It’s also important to note that on December 27, 2022, Ukraine suspended the application of the Convention on Legal Assistance in civil, family, and criminal matters (signed in Minsk, 1993) with the Russian Federation and the Republic of Belarus.

Since then, any documents from these countries only have legal force in Ukraine after apostille certification under the 1961 Hague Convention, which cancels the requirement for legalization of foreign public documents.

Likewise, official Ukrainian documents must be apostilled for use in Russia and Belarus.

As a general rule, to restore a marriage certificate in Ukraine, you need the following documents:

  • Application for certificate restoration (can be filled out at the RACTS office)
  • Identity document (Ukrainian passport or equivalent ID)
  • If available, a copy of the lost marriage certificate (to speed up the process)
  • Documents confirming name change (if applicable)
  • Proof of payment of the state fee

Typically, the application is processed within 5 to 15 days, but this may vary.

You can receive a duplicate certificate online via the “DIIA” app, in person, through a legal representative with power of attorney, or with the help of a lawyer.

Restoring a marriage certificate is a fairly simple process if you follow the legal procedure and requirements. By following the recommendations above, you can quickly restore your document and avoid complications where marital status must be confirmed.

If you need a duplicate marriage certificate in Ukraine or an apostille on a marriage certificate in Ukraine, contact the lawyers in Ukraine at the “First Legal” law firm by filling out the request form on our website or calling: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.

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Selling Real Estate in Ukraine During Wartime: Key Aspects and Recommendations

The war in Ukraine has brought numerous challenges affecting all areas of life, including the real estate market. Selling an apartment during military conflict may seem like a difficult task, but with the right knowledge and preparation, the process can be successfully completed. This article outlines the key aspects and recommendations for selling an apartment during wartime.

Before listing an apartment for sale, it is necessary to assess its market value. During war, property prices may fluctuate due to changes in supply and demand. It is recommended to contact professional appraisers experienced in such circumstances to obtain an objective valuation. The property assessment must be carried out by licensed appraisers and must be entered into the Unified Database of Valuation Reports of the State Property Fund of Ukraine.

Make sure all documents for the apartment are in order and that you have the legal right to sell. It is advisable to consult real estate lawyers in Kyiv to analyze the validity of the ownership documents and their registration at the time the property was acquired. They will also verify your ownership rights, the need for spousal consent, the compliance of documents with the technical specifications of the property, and other essential conditions required for concluding a transaction.

Clarify all legal details related to potential restrictions on real estate sales during wartime. For example, there may be delays in ownership registration or restrictions on leaving the country.

Given the wartime situation, traditional sales channels may be less effective. Here are a few strategies that may help:

  • Online platforms: Use internet resources to post real estate sale listings.
  • Social networks: Use social media to spread information about the sale.
  • Realtors: Involve professionals experienced in handling crisis situations.

Ensure safety during apartment viewings. It may be better to schedule visits during times with lower risk of shelling or danger. Consider virtual tours so potential buyers can view the apartment remotely.

Understanding the risks is a crucial part of the process. Stay updated on news and developments in the country, as they can affect both demand and prices.

It is important to remember that real estate sale or purchase agreements can only be notarized by a notary located at the site of the property or at the registered residence of the buyer or seller.

Currently, restrictions apply to property acquisition by individuals or entities connected to the aggressor state.

According to CMU Resolution No. 164 “On Certain Notarial Issues During Martial Law,” incomplete notarial actions at the request of persons associated with the aggressor state, as defined in Resolution No. 187, must be suspended. If such a person applies for a notarial action, the notary must refuse.

According to Resolution No. 187, such persons include:

  • citizens of the Russian Federation, except those legally residing in Ukraine;
  • legal entities established and registered under Russian law;
  • legal entities established and registered under Ukrainian law whose ultimate beneficial owner, member, or participant holding 10% or more of the share capital is the Russian Federation or a Russian citizen, except those legally residing in Ukraine, or a legal entity registered under Russian law;
  • legal entities established under foreign laws whose ultimate beneficial owner, member, or participant with 10% or more of the capital is the Russian Federation or a Russian citizen (unless residing in Ukraine legally), or a legal entity registered under Russian law, if obligations are fulfilled at their expense from the state budget.

It is prohibited to acquire property rights for real estate located in areas of active combat or temporarily occupied by the Russian Federation.

Selling an apartment in Ukraine during wartime is a complex but feasible process. Engaging professionals for legal support, choosing the right strategy, and paying attention to details can help achieve a successful sale even in challenging times. Always ensure the legality of the transaction and the safety of all parties involved.

For more detailed legal advice, you may contact the lawyers at the legal company “First Legal” by filling out the contact form on our website or by calling: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.

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How to confirm the status of a critically important enterprise?

Confirming the status of a critically important enterprise during a special period is extremely relevant for businesses. Obtaining this status allows a company to reserve its most essential employees from mobilization and grant them a lawful deferment.

The key legal regulations governing the procedure for obtaining the status of a critically important enterprise are the Law of Ukraine “On Mobilization Preparation and Mobilization” and the Criteria and Procedure (hereinafter – the Criteria) for identifying enterprises, institutions, and organizations that are critically important for the functioning of the economy and ensuring the livelihood of the population during a special period, as well as for meeting the needs of the Armed Forces and other military formations. These were approved by the Resolution of the Cabinet of Ministers of Ukraine No. 76 dated January 27, 2023.

According to current legislation, in order to obtain the status of a critically important enterprise, most companies must meet at least three criteria.

The following two are mandatory:

  • the company has no outstanding debt for taxes to the state or local budgets, nor for the unified social security contribution;
  • the average accrued salary of insured employees for the last calendar month must be no less than the minimum wage in the country multiplied by a coefficient of 2.5 (effectively UAH 20,000), confirmed by an official statement.

The third criterion may be chosen by the company from six others. Most often, companies select the criterion regarding importance to the national economy or to the needs of the local community.

Once the criteria are selected, the company submits an application for the status along with supporting documents to the relevant government authority authorized to make a decision. The authority depends on the selected criteria — it could be the Ministry of Digital Transformation, the Ministry of Economy, or the local military administration. The application must also include information on the company’s tax reporting for the most recent reporting period, submitted in accordance with the law.

The official deadline for reviewing an application for critical status is ten (10) working days.

Following the review, a decision is made regarding whether the company meets the criteria. A refusal must be justified. If the company is found to meet the criteria, the information is entered into a special database, after which the applicant gains access to the “Reservation of Conscripts” service on the “Diia” portal.

Please note that after a positive decision is issued, the responsible authority continues to monitor the enterprise and may conduct checks if needed to confirm compliance with the Criteria.

It is important to note that the confirmation of an enterprise’s status as critically important for the functioning of the economy and sustaining the population during a special period must be renewed at least once per year.

If you have any further questions, you can contact the . We will be happy to provide legal advice and assist with preparing the necessary documents to obtain the status of a critically important enterprise.

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Unblocking of Tax Invoices

Recently, businesses have been suffering from the tax authority blocking tax invoices, and such cases are not isolated.

Blocking of tax invoices (TI) in Ukraine is a problem that can have serious consequences for taxpayers.

Unblocking of tax invoices is a procedure carried out if a tax invoice/adjustment calculation (hereinafter – TI/AC) was suspended in the Unified Register of Tax Invoices (URTI) through the automated system for monitoring compliance (ASMC) with risk criteria (so-called “block”) according to the requirements of the Tax Code of Ukraine.

Reasons for blocking

A tax invoice can be “blocked” if:

  • The taxpayer is included in the list of risky;
  • The nomenclature of the goods or operation matches “risky”;
  • The amount exceeds certain thresholds;
  • Discrepancies exist in reporting;
  • Mismatch of product or service codes;
  • There is a mismatch between supply volumes and tax reporting data.

Action algorithm for unblocking

  1. Receive a receipt on registration suspension.Usually, this is Receipt No.1 indicating the reasons.
  2. Prepare explanations and documents.
    This may include:

    • Tax invoices from previous periods;
    • Contracts, invoices, acts of acceptance-transfer;
    • Waybills, quality certificates;
    • Bank statements;
    • Warehouse documents, acts of completed works, etc.
  3. Submit explanations through the Taxpayer’s Electronic Cabinet.
    In the section “Suspension of TI/AC registration”.
    It is important to meet the deadline of 365 calendar days from the date the TI/AC was issued.
  4. Wait for the decision of the State Tax Service (hereinafter – STS) commission.
    Within 5 working days, the tax authority makes a decision: to unblock or to refuse.
    The result is received as Receipt No.2 via the Electronic Cabinet.
  5. Appeal in case of refusal.
    Through administrative procedure (appeal to STS of Ukraine) — within 10 days.
    Or through court procedure — within 3 months from the day of receiving the response to the appeal (refusal decision).

We recommend to our readers:

  • Regularly check the taxpayer’s status in the list of risky (through the Electronic Cabinet or request to the STS).
  • Submit documents in advance regarding suspicious transactions to reduce the risk of blocking.
  • Keep a complete set of primary documents for each transaction.

A successfully registered tax invoice has a direct impact on the formation of tax credit.

Let us consider the main consequences of “blocking” tax invoices for both the supplier and the buyer:

  1. Financial consequences
    For the supplier:

    • Payment delay: buyers may refuse to pay invoices until the TI is unblocked.
    • Loss of business reputation: counterparties may avoid cooperation.
    • Administrative expenses: costs for lawyers, tax consultants, preparation of explanations and appeals.

    For the buyer:

    • Loss of VAT tax credit: the buyer cannot include the TI in the tax credit until its registration.
    • Disruption of cash and financial plans.
  2. Legal consequences
    • Legal disputes: if the STS refuses to unblock the TI, the company may go to court.
    • Appealing actions of the STS: tax invoices can be unblocked through administrative appeal (appeal to the STS) or a court claim.
  3. Temporary consequences
    • Suspension of TI/AC registration in URTI: the TI is considered “unregistered” until a positive decision is made.
    • Time loss for preparation of documents and explanations: the company must prove the reality of the business transaction.
  4. Business consequences
    • Decrease in company liquidity.
    • Risk of contract termination with partners due to lack of trust.
    • Impact on accounting reporting — distortion of tax and financial information.
    • Loss of tax credit.

By contacting us, you can receive comprehensive support of the case in court in Ukraine regarding “unblocking” of tax invoices, preparation and submission of an administrative claim, as well as cancellation of the decision to recognize the company as one that meets the criteria of “riskiness”, which includes all necessary measures for effective resolution of the mentioned issues.

We do not limit ourselves to the above-mentioned, already known categories of disputes and are ready to thoroughly study your specific problem or issue and select the necessary legal tools to achieve the desired result.
The list of our services presented on the page is not exhaustive and is indicative in nature!

For more detailed legal advice on challenging the actions of tax authorities and unblocking tax invoices, we recommend contacting the professionals of the law firm in Ukraine “First Legal”, who will help you!

Fill out the application form on the website right now or call one of the numbers: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.