Petro Bondarenko from Talnivshchyna never received the certificate of the category 1 Chernobyl nuclear power plant disaster victim. For a long time, the local public safety department fobbed off the man with formal replies.

As a result, the man appealed to court. However, there was no positive outcome of the trial. Such a case is not isolated. After all, only for the period 2017–2018, there were filed about 120 similar claims according to the data of the Unified State Register of Court Decisions.

About the case

Petro Bondarenko had a disease which was caused by the Chernobyl NPP disaster and led to his disability. That fact was confirmed by the certificate added to the medical and social expert commission’s examination report. So, accordingly, he applied for the issuance of category 1 certificate. However, the Administration for Social Protection of Population of Talne RSA didn’t submit an application to the Department of Social Protection of Population of Cherkasy DSA to grant the complainant the Chernobyl NPP disaster victim status.

Note, that persons who as at January 1, 1993, had permanently resided or worked in areas of intensive radioecological control over four years, according to the Resolution of the Cabinet of Ministers of Ukraine of January 20, 1997, No. 51, are recognized the Chernobyl NPP disaster victims and are eligible to receive benefits and compensation, stipulated by Law No. 796-XII.

Petro Bondarenko appealed to Cherkasy District Administrative Court with a corresponding claim. In his statement of claim, Bondarenko requested to declare illegitimate the Talne relevant administration’s decision to reject his application. In addition, due to systematic refusals to grant him the Chernobyl NPP disaster category 1 victim status on similar grounds, as evidenced by the Unified Registry of Judicial Decisions, namely the cases No. 823/1817/17 and No. 823/551/18, he requested the court to initiate disciplinary proceedings against those responsible.

In turn, the Administration for Social Protection of Population of Talne RSA did not admit the claim. Legal reasoning affirms the following: due to the Law of Ukraine of December 28, 2014, No. 76-VIII “On Amendments and Considering Certain Legislative Acts of Ukraine Void and Without Effect,” in the list of radioactive contamination areas there is no intensive radioecological control area where the complainant resides, as a result of exclusion of Article 23 of the Law of Ukraine “On Status and Social Protection of Citizens Who Are Chernobyl NPP Disaster Victims,” which was providing benefits and compensation to persons classified as the Chernobyl NPP disaster category 4 victims.

However, as can be seen from the case file, the complainant has all the legal grounds for granting him the status of the Chernobyl NPP disaster category 1 victim and issuing him the category 1 victim certificate, since Article 14 of Law No. 796-XII stipulates that the Chernobyl NPP disaster category 1 victims include the disabled from among the Chernobyl NPP disaster victims, in whose cases there was established a causal link between their disability and the Chernobyl NPP disaster, which was established, in particular, by the medical and social expert commission No. 1.

The court noted that the complainant had actually been examined by the MSEC on July 3, 2018, i.e. after the entry into force of the Law of Ukraine “On Amendments and Considering Certain Legislative Acts of Ukraine Void and Without Effect” of December 28, 2014, No. 76-VIII, but to solve the issue on granting the complainant the category 1 victim status, the fact he had been examined by the MSEC after January 1, 2015, had no legal value because the court found that at the time of the MSEC’s examination the complainant had the Chernobyl NPP disaster category 4 victim status, which was to be maintained for lifetime, unless the category was changed.

The court decided to completely satisfy the administrative claim. Therefore, the actions of the Administration for Social Protection of Population of Talne Regional State Administration were declared illegitimate.

A troubled case that can be called typical

According to the data of the Unified State Register of Court Decisions, for the period 2017–2018, there were filed about 120 claims, in which the defendant was the Administration for Social Protection of Population of District State Administration and the complainant was an individual with the Chernobyl NPP disaster victim status, with the existing category 4 certificate.

 The social protection body systematically violates the rights of people most in need of state protection. Hundreds of cases came to court and were resolved in favor of people, but officials did not make any conclusions and continued to violate the rights of socially unprotected individuals. These people continue to go to work and receive a salary from our taxes though still keep violating the law. And how many people gave up and didn’t go to court? The lack of officials’ personal responsibility leads to the fact that they forget their defined by the Law of Ukraine “On State Service” duty to respect the dignity, prevent violations of the rights and freedoms of the man and citizen.

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Today, there has come into force the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Improving the State Registration of Rights to Real Estate and Protection of Ownership Rights,” which was adopted by the Verkhovna Rada of Ukraine on October 6, 2016, and has been already called by lawyers and entrepreneurs the Anti-Raiding Law.

Anti-Raiding Law

The Law’s main points concern the introduction of amendments to the Law of Ukraine “On the State Registration of Proprietary Rights to Real Estate and their Encumbrances.” Thus, the Law provides that the state registrar immediately informs the owner of real estate, with respect to which the application for implementation of proper registration acts is filed, which, in the opinion of lawmakers, will make it impossible to implement registration acts concerning real estate of legal entities without the will of the owner (founder).

Innovative was also the fact that implementation of registration acts is suspended on the basis of the court decision, that has taken legal force, to ban the registration acts implementation or on the basis of the real estate owner’s application for the prohibition of registration acts implementation with respect to his own real estate. The state registrar immediately informs the real estate owner about the suspension of registration acts on the basis of a court decision prohibiting the registration.

In case there are registered applications for implementation of registration acts, the state registrar, who reviews such applications, immediately informs the relevant applicants about the suspension of registration acts.

As for the property owners’ notification, the Ministry of Justice explained that it will be made via SMS-informing. However, to take advantage of this service you need to take 3 steps:

• get a registration number of real estate;
• register in the property owner’s office and place the property under appropriate control there;
• indicate the phone number to which the messages will come.

The Rezultat law firm has found out that for today the service is not accessible to users, and therefore it’s unclear now, how the registrars will fulfill the requirements of the Anti-Raiding Law in this part.

It is also obligatory from now that the state registrar uses the information of the State Land Cadastre and the Unified Register of Permits that give the right to perform preparatory and construction works and certify the acceptance into operation of completed objects, as well as information about the return for modification, refusal to issue, cancellation, and annulment of the indicated documents. Also, the state registrar of proprietary rights uses information obtained through information interaction of the State Register of Rights with the Unified State Register of Court Decisions.

This, in our opinion, will prevent the falsification of documents contained in the above-mentioned registers, as well as will reduce the list of documents required for the registration of proprietary rights to real estate, since registrars will be able to download all the necessary documents online, while the applicants will just indicate the documents’ details in their applications.

However, as of today, the Unified Register of Permits is only beginning to be filled, while the Unified State Register of Court Decisions, although filled for many years, still does not contain all court decisions. It is therefore possible that registrars will have to make inquiries to the court in order to obtain properly certified decisions, and the consideration of property owners’ applications will thus extend for weeks or months.

The term for challenging decisions, actions, or inactivity of the state registrar increases in accordance with the Law from thirty to sixty days.

Key changes relating to the Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs, and Public Entities” include the mandatory notarizing the authenticity of signatures of the founder (participant) and their authorized individuals on the statutory document, the transfer act, the entity’s distribution balance, and a declaration of withdrawal from the company, which are submitted for state registration of the legal entity’s changes. While public organizations and charities do not have to notarize in their statutory documents the signatures on the decisions to modify, except when they independently set such a requirement in their statutory documents.

Specialists believe that preventive measures in the form of a notarized contract of sale of the legal entity’s charter capital share would be enough to avoid forgery of documents for the purpose of so-called asset-grabbings. The need to obtain the notarized certifying inscriptions in the statutory documents and distribution balances will only lead to a rise in the administrative service cost as a whole.

Some changes concern the Law of Ukraine “On Electronic Signature,” thus from now on, the ES will be provided solely in the personal presence of the signatories, including officials of enterprises.

In addition, the Law has strengthened criminal and administrative liability. In particular, the Criminal Code has been supplemented with a new article 191-1 “Submitting Forged Documents for State Registration of Rights to Real Estate and their Encumbrances” and there have been introduced a number of amendments to the COA, which provide for sanctions: from fines of 200–2000 tax-exempt minimum incomes, arrest, and up to imprisonment with the deprivation of the right to occupy certain positions.

Consequently, in general, it can be concluded that the principles provided in the Law are definitely a positive move towards the protection of the rights of real estate owners and corporate rights, but the effectiveness of its norms can be proved only by the practice of its application.

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In order to get a certificate about participation in the anti-terrorist operation, one has to provide the military unit with copies of the passport pages, photographs, a copy of the identification code, and written consent to the processing of personal data. The commanders in the military unit, in their turn, collect the necessary package of documents for consideration by the Defense Ministry and submit it within a month after persons’ completion of ATO tasks.

In particular: excerpts from orders, directives, regulations, military logs, service schedules, and other official documents containing sufficient evidence of the direct involvement of a person in the performance of ATO tasks.

If the commander (head) of the military unit (body, division) or other head of the establishment or institution fails to submit to the commission the documents necessary for obtaining the combat veteran status, the serviceman can independently submit the necessary documents for the certificate’s registration.

ATO participants submit documents to the commission of regional military commissariats and the city military commissariat of Kyiv.

For independent confirmation of participation in ATO, it is desirable to provide the following:

• a combat veteran certificate (issued in the military unit);
• an excerpt from the military unit’s order about being on the unit’s lists and performing tasks in ATO zone (issued in the military unit);
• a military ticket with a stamp (issued in the military unit and in some brigades).

Additional documents for proving participation in ATO:

• a certificate of participation in ATO;
• a certificate of attachment to the military unit;
• medical documents (a military medical commission, epicrisis of military hospitals);
• copies of travel documents (if available);
• copies of injury records (if available).

In the event of refusal to grant the combat veteran status, this issue may be re-examined by the departmental commission on the decision of the head of the relevant Ministry, other central executive body, or other state body (Defense Ministry, Ministry of Internal Affairs, Security Service of Ukraine (SSU), Foreign Intelligence Service, Administration of the State Border Guard Service, State Guard Department, Administration of the State Service of Communications, the State Emergency Service of Ukraine (SESU), the State Penitentiary Service of Ukraine (SPSU)), an interdepartmental commission—on the decision of the Ministry of Social Policy.

Managing Partner of the Rezultat law firm Maxim Polishkevych comments on your rights: I can recollect a case from my experience, when the guy was not able to get the ATO participant certificate, as he could not submit the order for his transfer in ATO zone. Being from Mariupol, he began to serve prior to the anti-terrorist operation’s unfolding, and actually, that order didn’t exist. The Ukrainian officials’ mentality remains unchanged, thus the lack of a single piece of paper can create a moral dilemma: he cannot issue a certificate, since according to the Cabinet of Ministers’ resolution particularly such a document of such a model is required, and the official doesn’t care about objective reasons for impossibility of providing such a document. In this case, effective is communication, cooperation with ATO veterans and soldiers, deputies, or with the Ministry of the Armed Forces, the military command under which a soldier served.

Getting benefits for ATO participants:

 Your Rights. Medical ones:

• free receipt of drugs, medicines, immunobiological preparations, and medical products according to prescriptions of doctors;
• priority free dental prosthetics (with the exception of prosthetics from precious metals);
• free provision of sanatorium and spa treatment or compensation for the cost of individual spa treatment (the procedure is determined by the Cabinet of Ministers of Ukraine);
• using after retirement or change of employment the clinics and hospitals you were attached to with your previous job;
• annual medical examination and health check-up with the involvement of necessary specialists;
• priority attendance in health care facilities and pharmacies, as well as priority hospitalization.

Your Rights. Housing and communal ones:

• a 75 percent discount payment for the use of accommodation (rent) within the norms stipulated by the current legislation (21 square meters of total area of housing for each person that is constantly living in the residential premises (house) and is eligible for a fee, and additionally 10.5 sq. meters per family);
• a 75 percent discount for utilities (gas, electricity, and other services) and liquefied bottled gas for household needs within the average consumption rate;
• a 75 percent discount on the cost of fuel, including the liquid one, within the limits established for sale to population, for persons who live in buildings without central heating;
• priority provision of living space for people who need improvement of housing conditions, and priority allocation of land for individual housing construction, horticulture, and gardening, priority repair of residential buildings and apartments of these persons and providing them with fuel.

Your Rights. Other benefits:

• free travel by all types of urban passenger transport, public road transport in rural areas, as well as by suburban rail and water transport and suburban and interurban buses, including the intradistrict, intra- and interregional ones, regardless of distance and place of residence;
• payment of temporary incapacity benefit in the amount of 100 percent of the average wage regardless of the length of service;
• use of regular annual leave at a time convenient for them, as well as obtaining additional leave without pay for up to two weeks a year;
• pre-emptive right to be left at work in case of reducing the employee number or staff due to changes in the organization of production and work and right to employment in case of liquidation of an enterprise, institution, or organization.

The benefit list is available on the TSN website, in particular in the article entitled “What benefits are ATO participants eligible for?”

According to Maxim Polishkevych, in most local councils, they’ve made a decision to grant benefits to families of ATO soldiers during their stay in service. That is, before the soldier gets the ATO participant certificate, his family can already receive a number of benefits which are individually determined by local councils. But if your family member has been mobilized, i.e. recruited, you can apply to the local authority providing the benefits, the list of which is much wider than is fixed by law. You will be asked to provide a written in an arbitrary form certificate that your family’s member is in ATO zone.

Allocation of land plots for ATO participants

  Your rights are commented by Maxim Polishkevych:

The mechanism of obtaining a land plot for ATO participants is no different from the mechanism of obtaining a land plot by an ordinary citizen, and speculation on that issue was populism (the order of the State Land Agency to provide ATO soldiers with plots). In practice, ATO soldiers may have fewer bureaucratic obstacles and corrupt components in the process of registering rights to a land plot. In accordance with the law, a citizen applying for a free of charge land acquisition in private property must indicate where this land plot is located. If the ATO soldier knows where a free land plot is, then by submitting an application where he indicates the desired purpose of the land and its estimated area, attaching as well any graphic materials showing the land’s location, and adding for confidence the ATO participant certificate, he obtains permission to develop project documentation with little or no problems. In the future, private or state land management organizations are requested on a fee basis to develop documentation on land management, and based on that documentation, a decision is further made by local self-government bodies or the state authority on the provision of land in private ownership. The most difficult is to find a land plot free of possession by a third person. If you cannot find a free land plot yourself, you can apply to the village chairman, deputy, chairman of the district council or district state administration. If in the relevant district or locality they allocate arrays of land plots, that is fortunately sometimes done in practice, when some kind of array is taken and divided into 20–30 plots, the authorities will offer you some options.

The application is considered within one month by officials of the village or city council, or district state administration.

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The event was intended to discuss the issues of industrial real estate in Ukraine and, at the same time, to pay attention to both positive and negative trends in that sphere. Maxim Polishkevych, lawyer, Managing Partner of the Rezultat law firm was also involved in discussing the problems and prospects of industrial development and construction.

At the opening of the event there spoke Ihor Nikonov, President of KAN Development, Rostyslav Korobka, Vice-President of the Chamber of Commerce and Industry of Ukraine, Burak Pekhlivan, Head of the Turkish and Ukrainian Businessmen Association, Andrii Melnyk, representative of the Ministry of Economic Development and Trade of Ukraine.

The forum had several thematic panels for discussion. During the first one, the experts presented successful cases of industrial real estate

In particular, the speaker of that section, Nataliia Kocherhina, partner, head of DLA Piper real estate practice, prepared the analytics for the land market and industrial real estate development in Ukraine. Nataliia talked about the development of the country’s industrial and infrastructural potential, and also drew attention to the positive factors of that economy segment’s development. Thus, one of such positive examples, according to DLA Piper, was that since 2015, about 60 plants had been launched in Ukraine, more than 30 power plants on renewable energy sources had been connected, in 2017, elevators with a total capacity of more than 400 thousand tons had been put into operation.

The second section was intended to discuss the topic of construction and infrastructure projects. The speakers shared interesting cases and positive changes in the country. For example, Andrii Konechenkov, chairman of the Ukrainian Wind Energy Association, revealed the advantages and development prospects of the Ukrainian wind energy sector. Wind energy ranks 2nd in the structure of European energy resources and accounts for 16.7% of the total. In Ukraine, the share of energy produced from renewable sources is only 1.4%.

Andrii Antonenko, head of the UVT Group, and Serhii Mishok, Deputy Mayor of Zaporizhzhya, presented a case for the construction of a new airport terminal. The passenger traffic of Zaporizhzhya Airport had been increasing year by year and made 350 thousand people in 2017. The number of flights and airlines had also been growing. The strategic goal of the new project was to create a high-tech and progressive airport, increasing the region’s investment attractiveness.

At the end of the sessions, the forum participants continued the informal discussion on the topic of industrial development and construction in Ukraine.

Managing Partner of the Rezultat law firm Maxim Polishkevych notes that such events help to focus on the country’s development trends, while the cases discussed at such forums can be an interesting example for Cherkasy and Cherkasy district.

“The industrial construction market and its legislative regulation are constantly changing, therefore, such events are extremely important for maintaining communication between market participants. The forum brought together for a dialogue representatives of authorities, investors, and developers, which explained, by means of an example, the importance of development of industrial parks, alternative energy, and so on. In particular, the Nibulon company’s presentation became an excellent example of the agrarian sector and industry symbiosis.

In Cherkasy district, there have also been successfully implemented several industrial projects, while some are in the process of implementation. We are happy to accompany such projects. And events like this allow us to take on the best practices that we can apply for the benefit of our clients,” .

Maxim Polishkevych observes

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The Verkhovna Rada adopted the Law of Legislative Roadmap towards Implementing the Association Agreement between Ukraine and the EU on Double and Limited Liability Companies (No. 4666). Government officials believe, it will improve the business climate, promote foreign investment, and create the preconditions for establishing new and developing existing businesses.

The Law of Ukraine On Double and Limited Liability Companies significantly approximates the legal regulation of the activities of such companies to practice, Managing Partner of one of the Cherkasy law firms Maxim Polishkevych says. The lawyer described the legislative innovations in greater detail.

“The Law provides for the creation of a corporate agreement and a liquidation agreement. In fact, such agreements have existed before. Yet, because according to the previously applicable legislation the activities of companies and relations of participants were regulated by law and statute (for which there were also quite significant requirements), such agreements were usually semiofficial. This type of agreements is called gentlemen’s, heads of agreements, or safe agreements, i.e. agreements that cannot be presented as evidence in court or given to the authorities,” Polishkevych says.

Instead, the new law allows to legally describe the interaction of the company founders (participants) in far greater detail.

“A corporate agreement may actually be confidential. That is, the participants are now able to resolve any of their relations in such a way that the state registrar is not aware of that, but without losing the opportunity to further defend such agreements in court. Such a provision will significantly facilitate the legalization of heads of agreements or verbal ones between the participants,” the lawyer remarks.

There also appears a rule on irrevocable power of attorney. Such power of attorney is issued for the specific actions and can be canceled only with the consent of the nominee or in clearly defined cases. This is an effective way to guarantee the fulfillment of the participant’s obligations. That is, the participant, who undertakes to perform certain actions, issues such power of attorney in order to prevent avoidance of performing those actions.

The mechanisms governing the transfer of share rights have been regulated more precisely. In particular, the mechanisms of purchase and sale, inheritance, and recovery of the participant’s share have been detailed. The latter is extremely progressive, as now there is a real mechanism for satisfying the creditors’ claims to debtors who personally own nothing but business. I think this can also lead to a change in judicial practice on dividing business upon divorce. Now, there is a practice in which a person who is not the company’s participant does not claim a share in the company upon divorce, but only a part of the official income. However, it is very likely that now the share in the company upon divorce will again be the subject of a dispute.

The range of persons who can submit documents for making changes to the Register of Legal Entities, Individual Entrepreneurs, and Public Associations has been expanded. In fact, now it can be any interested party.

A list of requirements to the statute has been narrowed down. A considerably wider range of questions has been left to the discretion of the participants. That is, now, the agreement and the statute can regulate much more issues than the law.

Requirements for mandatory management bodies have been somewhat changed. There is no longer a need to create a revision commission. However, there is the possibility of choosing between the director and the directorate as well as of creating a supervisory board. Directors (members of the directorate) can carry out their activities on the basis of civil law agreements. There have been specified the conditions under which the company’s management in the event of its bankruptcy can bear subsidiary responsibility for the company’s debts.

“This is just a part of the innovations. However, in general, it is obvious that the Law will significantly affect the mechanism for creating companies and adjusting their activity, the relations of the participants and the procedure for interaction between them,” Maxim Polishkevych is convinced.

As a reminder, within the framework of the Legislative Roadmap towards Implementing the Association Agreement between Ukraine and the EU for 2018–2019, the Parliament has already supported 10 important European integration bills.

In particular, the Verkhovna Rada of Ukraine has adopted 7 bills in the first and 3 bills in the second reading.

These bills cover different sectors of the economy, namely, the field of intellectual property protection, energy, entrepreneurship, environmental protection, as well as the regulation of technical barriers to trade.

In general, the Roadmap consists of 57 bills, which are at different development stages in the Committees of the Verkhovna Rada of Ukraine.

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A Modern Approach to Increasing Sales of Real Estate

The main partner of the event was Zenvision, representatives of which presented a solution dealing with interactive visualization of real estate objects. Such hardware can enhance the functionality and effectiveness of sales departments, as they will add an emotional effect to the process of presenting real estate objects and will help managers present a house or an apartment in a convenient, visual form.

“It is well known,”  Maxim Polishkevych, Managing Partner of the Rezultat law firm  expressed his opinion, “that selling an apartment in a house that does not exist yet is an extremely difficult marketing task. After all, any buyer dreams to see and feel what he/she buys. For the Rezultat law firm, which has recently become the URE Club member and specialized in construction business support, the meeting on tools to increase sales of residential real estate became extremely useful.”

The speeches of Tetiana Tovmach (Digital Builders Agency) and Mykhailo Lysyi (HATS) were equally informative. In particular, Tetiana Tovmach made a presentation entitled “How to Make Digital Work for Yourself” on the importance of implementing analytics and call tracking to track the effectiveness of advertising channels and the proper management of advertising budgets for real estate projects. Mykhailo Lysyi presented the HATS Real Estate Showroom—all new buildings under one roof.

At the event, there also took place the presentation and sale of the book AUDIT OF SALES. NEW BUILDINGS from Audit of Sales. The book was prepared on the basis of a large-scale audit of the sales departments of housing societies of Kyiv and the Oblast, the Ukrainian Real Estate Club team directly helped to organize.

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Housing construction is one of the important areas of work of the Rezultat law firm’s clients. Supporting such activities includes: obtaining permits, legal support of construction and commissioning of objects.  One of the successfully implemented projects in this direction is the commissioned by our client at the end of last year multi-apartment residential building, located at the crossroads of 126 Smilianska and 8 30-richchya Peremohy Streets, Peremoha microdistrict (Cherkasy city).

Housing construction always requires maximum attention and concentration on achieving the set goal. This is absolutely consistent with one of the principles of the Rezultat law firm’s activities, and therefore, before starting work, we agree with the client the variants of possible results and do not take on cases we won’t be able to fully realize.

Declaration of the object commissioning

Housing construction: news and legislation changes

Housing construction and its support require constant monitoring of actual changes in the current legislation in this area. Thus, among the legislative novelties is the Law of Ukraine On Amendments to Certain Legislative Acts of Ukraine Concerning Improvement of Construction Practices (hereinafter—the Law) which was approved by the Verkhovna Rada of Ukraine on April 13, 2017. The Law provides for improvement of conditions for conducting construction activities and simplifies procedure for obtaining permits by developers.

In particular, state statistical reports on acceptance into operation of completed objects are from now on submitted by bodies of state architectural and building control in the form and within the terms provided by the reporting and statistical documentation approved by the central executive body, which implements the state policy in the field of statistics.

Also, they have changed the conditions of certification of citizens that perform or provide services in the field of architectural work creation: “Professional certification is permitted to citizens who received higher education in the field of professional certification in accordance with the qualification requirements and have relevant work experience not less than three years.”

One of the positive changes for the developers has become the fact that the entities of construction activities from now on do not need to obtain the initial data and technical specifications from the State Emergency Service.

In addition, according to the Law, the examination of the strength, reliability, and durability of construction objects is mandatory only for construction objects that are in the 3rd category of complexity and are being constructed in areas with complex geo-engineering and technogenic conditions.

At present, the Law is signed by the President of Ukraine and will come into force on the day following the day of its publication.

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Section 1. Inheritance by Testament.

A testament is an individual’s order in the event of his/her death.

1. A testament must be personally signed by the testator. If a person cannot personally sign the testament (due to illness or physical disability), the text on his / her behalf is signed by another person in his / her presence.
2. The testament must be notarized or, in the absence of a notary public, be certified by a representative of the local self-government body or by other official or officer:

• If you are in a locality, the testament can be certified by an authorized official of the relevant local self-government body.
• If you are in a hospital, the text of the testament may be certified by the head physician.
• If you are on a ship, then the testament can be certified by the captain of this ship.

(Your Rights. Articles 1251, 1252 of the Civil Code of Ukraine.)

3. The rights of the testator

• The testator may appoint one or several natural persons as his / her heirs, regardless of whether he or she has kinship or family relations with these persons.
• The testator may deprive any person from among heirs of his / her inheritance rights by law.
• The testator has the right to at any time cancel the testament and write a new one.

The Managing Partner of the Rezultat law firm, Maxim Polishkevych, comments on inheritance by testament,

“There are abusive statistics. Posthumously, they conduct a psychiatric examination and on the basis of evidence of witnesses and medical certificates, often counterfeited, the examination establishes the inability of the testator and the invalidity of the testament. There are occasions when there emerge marriage certificates dated a day or two before the testator died.”

• The testator has the right to make a secret testament.

A secret testament is the one which is certified by a notary without reading its content. The testator submits a testament in a sealed envelope to the notary, the envelope is signed by the testator. After the death of the testator, the notary assigns the announcement day of the testament’s contents.

But there is a category of people who, regardless of the testament’s contents, have the portion that would belong to each of them in the case of inheritance by law:

• Infants, juveniles, adult disabled children of the testator.
• A disabled widow (widower).
• Disabled parents.

Section 2. Inheritance by Law.

In addition to the testament, you can get inheritance by law, but there is a procedure as to who has the primary right to the testator’s property.

• The first-order heirs are children of the testator, including those conceived during his life and born after his death, the spouse who outlived the testator, and the parents.
• The second-order heirs are brothers and sisters of the testator, his / her grandmother and grandfather, both from the father’s and mother’s side.
• The third-order heirs are the full uncle and aunt of the testator.
• The fourth-order heirs are persons who lived with the testator as one family at least five years before the time of opening the inheritance.
• The fifth-order heirs are other relatives of the testator up to the sixth degree of kinship inclusive.

Maxim Polishkevych comments,

“The notary checks if there are the first-order successors; if there is one of the first-order heirs, the right of inheritance is given to the first order. If there are no first-order heirs, the notary checks whether there are second-order heirs. Such a sequence of heir defining is fixed by the Civil Code of Ukraine.”

Change in the sequence of inheritance:

You can get the right to inheritance at the level of an order that has the right to inherit if you have for a long time taken care of and provided assistance to the testator, who was in a helpless state due to illness, old age, etc.

Acceptance of the inheritance

The heir, by testament or by law, has the right to accept or not to accept the inheritance. The timeframe for inheritance acceptance is six months. In order to accept the inheritance, one should submit a statement of inheritance acceptance to a notary (or in rural settlements, to an authorized official of the relevant local self-government body).

Key points:

• The statement of inheritance acceptance is submitted by the heir personally or, on behalf of the minor or disabled person, it’s submitted by his / her parents (adoptive parents), guardian.
• If the heir did not submit an application of inheritance acceptance within the specified term (6 months), he/she is deemed to have not accepted it and should already prove his / her right in court.

Maxim Polishkevych comments,

“In the case of missing the inheritance acceptance deadline, it is important to prove in court the validity of the reason for your missing. Common causes of missing the deadline are: indifference, a financial situation (failure to pay the cost of the inheritance registration), the legislative ignorance, living in another locality; but none of these reasons is considered valid. So, first, make sure you submit your application to the notary for registration of the inheritance, as you will be able to pay for the notary’s services later.”

Cost of inheritance registration:

Regardless of the method of inheritance (inheritance by law, inheritance by testament), the heir also gets the debts proportionally to the received inheritance; but remember that except the right to accept inheritance, the heir has also the right to refuse it.

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A marriage is a voluntary, equal union between a woman and a man, aimed at creating a family. A marriage is registered with the Registry Office and requires submission of an application.

The procedure for registration of a marriage

An application for registration of a marriage shall be submitted by a woman and a man to any state office for registration of acts of civil status of their choice. The application may also be submitted by representatives of the spouses; the representative’s credentials must be notarized.

Documents for submitting an application to the Registry Office:

• An application.
• The original passport.
• An identification code.
• If you have already been married, you need to submit documents of the termination of your previous marriage or the death certificate of the ex-husband (wife).
• If you have not yet reached the age for marriage (17 for women, 18 for men), you need a court order that you can marry (Your Rights. Article 23, the Family Code of Ukraine).

Determining the date of the ceremony

• The marriage is contracted one month after an application to marry is made to the Registry Office.
• During the wedding season, there may be no dates available, so we recommend taking care of the date of registration in advance.

To accelerate the date of the ceremony

In the case of the bride’s pregnancy, her giving birth to a child, or if there is a direct threat to the lives of the bride or the groom, a marriage is registered on the day of submission of the corresponding application or on any other day at the intending spouses’ request within a month.

A marriage contract

A marriage contract is the contract, which regulates the property relations between spouses and determines their property rights and responsibilities.

In the process of forming a family, you may encounter the notion of “a marriage contract.” For your awareness, let’s dwell on some concepts, in particular:

A marriage contract may be entered into by persons who submitted an application for registration of a marriage, as well as by a married couple.

(Your Rights. Chapter 10.  A Marriage Contract, the Family Code of Ukraine.)

 Form of a marriage contract

A marriage contract is drawn up in writing and notarized.

Commented on by the Managing Partner of the Rezultat law firm Maxim Polishkevych,

“A marriage contract is a positive practice that has come from the civilized European world. A marriage contract may spare the ex-soulmates the need to sort out their relationship upon dissolution of a marriage and allow for consensual divorce.

We hope that your marriage will be your conscious decision, as well as its further preservation. If you still decide to terminate this union, below are your rights and the procedure for the distribution of property.

 Divorce

A marriage may be dissolved following the application of one or both spouses. In the case of mutual consent for the dissolution of a marriage of spouses having no minors, the dissolution of a marriage is

carried out in the offices for registration of acts of civil status (the Registry Offices). (Your Rights. Article 38. The Ukrainian Marriage and Family Code.)

Time of marriage termination

A marriage is considered to be terminated from the moment the divorce is registered in offices for registration of acts of civil status or on the basis of a court decision.

Distribution of property upon divorce

If there is a dispute between the spouses that are divorcing about the assets that are their common joint property, the dissolution of the marriage may be made in court upon the application of the spouses or one of them.

Property rights in divorce

The Code stipulates that the assets that have been jointly acquired during the marriage are the joint property of the spouses. Maxim comments on the statute of limitations,

“If you have divorced and consider the property distributed, but it is fixed nowhere, then in 3 years, there may occur irreversible processes. For example, if you bought the car but transferred it to your wife, even if you have purchased that car during the marriage, after the statute of limitations has passed, you should accept the fact that the property would remain in the possession of the other spouse. You can raise a question about renewal of the statute of limitations, but this is an additional problem. It is worth determining your rights immediately after divorce before the expiration of the 3-year statute of limitations.”

The Rezultat law firm’s team wishes you a strong marriage.

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Even if you don’t have a written employment contract, the laws still support the employee’s side. The absence of such a contract doesn’t prove that the employee has no connection to the company.

An employment contract is meant to be concluded if the employee has started to work with the consent or on the instructions of the employer or his representative. The employer is required to formalize the contract with the employee within three working days from the actual beginning of the work – no matter whether a person is working on probation period or has successfully completed it.

Your rights during probation period

It’s very important to know your rights during probation period. Today, according to the Labour Code, duration of probation period cannot exceed three months, and six months – for management positions. If the probation period is over and you continue to work, you are considered to have passed the test. In this case, the subsequent termination of the employment contract is allowed only on a general basis.

Work hours

The normal duration of the working hours of employees cannot exceed 40 hours per week, that is, 8 hours and 5 days a week. And for those who work in hazardous work – 36 hours per week.

The right to remuneration

There are certain features of remuneration, depending on how much and how you work. For example, if you work on your days off, the employer should either double the payment for your work, or provide you extra days of rest. The same is for public holidays and non-working days – double payment or additional days of rest.

Night work (that is, from 10 pm to 6 am) is paid at a higher rate – not less than 20% of the tariff rate (salary) for each hour of work at night. In the manufacture of products, if the product turned to be defective not because of the employee’s fault, the remuneration is made for a reduced fee. However, the payment in these cases can not be less than 2/3 of the salary. The product defected on employee’s fault is not paid at all.

 The rights to vacation

During the first year of work, the employee is entitled to leave after 6 months of uninterrupted work in the enterprise. The duration of basic leave – is not less than 24 calendar days. Rights to additional leave are clearly regulated by current labor legislation, they are: in connection with the training, the preparation and participation in competitions, in connection with pregnancy and childbirth, for a disabled childcare. In addition, you have the right to take leave without payment for up to 15 days a year. Salary to employees for vacation time is paid not later than three days before it starts, but not after the vacation, as it usually happens.

 Your rights in case of dismissal

 In Ukraine, there are 3 forms of dismissal – resignation at employee’s own request, on the initiative of the employer and with the consent of the parties. If the employee himself or herself has decided to terminate the employment contract, he or she should notify the employer beforehand in two weeks. On the initiative of the employer you may be dismissed:

1) due to the bankruptcy of the company, reorganization or reduction;

2) because of the lack of skills or health status;

3) if you are systematically violating your work duties;

4) because of truancy (including due to absence at work for more than three hours during the working days) without respectful reasons;

5) if you didn’t show up at work more than four months due to temporary disability;

6) if the employee who performed this work previously is reinstated;

7) because of your coming to work under the influence of alcohol or other intoxicating substances;

8) if the court proves that you steal in the company.

Payment in case of dismissal

 If you are fired not because of your violation, you are entitled to termination benefit

– not less than your average monthly salary. If you are drafted into the army – two minimal wages. If the employer has violated the labour law, collective or employment agreement, you are entitled to the sum of the compensation which is not less than three months of your average earnings.

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