Consultations

A marriage contract has been concluded between me and my husband, according to which the residential building with the present and future buildings belongs to me. Now I'm going to divorce my husband. Is it possible to make a notarized executive inscription on the marriage contract and register the property for yourself? What is the course of action in this situation?

According to Ukrainian legislation, if one of the spouses fails to fulfill their obligations under the contract, alimony can be withdrawn on the basis of the notary's executive inscription, if the conditions, amount and terms of their payment are specified in the marriage contract.

1. With regard to real estate, you can indeed agree in the marriage contract that the property acquired during the marriage, in your case the house, is your personal private property. In this case, you must have a title document, on the basis of which you are the sole owner of the house.

2. But under a marriage contract, real estate and other property, the right to which is subject to state registration, cannot be transferred into the ownership of one of the spouses. The house acquired by you before marriage is your personal private property and cannot be the subject of a marriage contract.
Therefore, for state registration, you do not need a notary's executive inscription, and no notary will do such a thing.

For state registration, you need to submit an application to the state registration authority with the relevant documents confirming the emergence, transfer, termination of rights to real estate, in this case a house.

I am 25 years old, and my brother is 14, we inherited an apartment from my mother, we are only two heirs. I want everything to go to my brother. Do I need to write a waiver of property?

There are two options for dealing with this situation.

Firstly, your brother is a minor and therefore has the right to the obligatory part. If your brother doesn't even write application for acceptance of inheritance, it is considered that he accepted it automatically.

As for you, you can either not file an application for acceptance of the inheritance within 6 months, or file an application for renunciation of your part in favor of your younger brother. In the first case, if there really are no other heirs either by law or by will, then automatically your part will go to your brother, since you did not accept the inheritance within 6 months.

In the second case, your share will most certainly go to your brother, unless there are other heirs who are legally entitled to the compulsory share. The second option is more reliable, but in this case you will need to invest in a notarized statement, it's up to you!

We made a friendship command with a man. Not long ago, I fell seriously ill and on my great man, without showing signs, and our stature became even worse. The person is asked to speak and zapovit and as a notary explained to me, I cannot work without a person. Judge I don’t have time, but I’m afraid that after my entry, my son, I don’t take anything away from the first one. What can you do to work in such a situation.

The dots are a lot of zoom to you hwlivat, the deputies commanded the girlfriend of the time tim, the dwelling of one girlfriend of the fence on the vindchers of the embedded in the commandment of the death of the other, In such a rank, as if you, when folding the order of friendship, appointed mine, if you can go to your son, then your man cannot change your will without yours for those years.

I inherited from my mother. Part of the inheritance in Ukraine, I have already accepted it (6 months have passed), and part abroad, which I have not yet issued. Can I use inheritance in Ukraine?

Since for each type of inherited property the notary issues separate certificate of inheritance, a registered inheritance in Ukraine can be used by you as your property. If the inheritance abroad consists of real estate, then the inheritance case is opened in the country where the property is located and thus does not in any way affect the Ukrainian part of the inheritance. If movable property is inherited abroad, the inheritance case regarding which, according to the legislation of Ukraine, is opened in Ukraine, then the notary will accordingly issue a separate certificate of the right to inheritance for it for action abroad, which was discussed above.

I divorced my husband 3 years ago. A week ago, I learned about the violation and fraud by the former during the division of property. I contacted a lawyer, but they told me that the time limit for going to court had already expired. What should I do?

The limitation period for going to court in your case is 3 years, but this period is calculated from the moment you learned or could have learned about the violation of the right, if this happened a week ago - feel free to go to court!

When drawing up a marriage contract, can I insure myself against the division of my apartment, despite the fact that we have a common child?

You can, a common child does not affect this. The main thing is that the apartment was purchased and registered in your name before marriage or during marriage (according to the marriage contract) for you. The right of a child to an apartment is a separate issue. If he is not with the owner, but, for example, is only registered in it, then he can only live in it. But if you want to sell an apartment that belongs to you by right of ownership, but in which a minor child is registered, then you will need to get; consent of the guardianship and guardianship authority.

How to find out about inheritance? How to find out what is inheritance and where it is located.

The sequence is important here.
You can get inheritance by law, if you are a relative of the deceased (of the line that inherits).
To do this, within 6 months after the death of the testator, you need to come to a notary, private or public, it does not matter, the difference is only in time and money spent, provide him with a death certificate of the testator and your documents (passport and code), write an application for accepting an inheritance. The notary opens an inheritance case and after 6 months can already issue a certificate of inheritance. You can search for inherited property yourself, a notary who conducts an inheritance case or a lawyer / lawyer.

As a rule, the notary who conducts the inheritance case and searches for inherited property on terms of appropriate payment. At the same time, already at the stage of writing an application for acceptance of the inheritance, you inform the notary about the property known to you that belongs to the testator, and if available, provide the relevant documents confirming this.
These can be title documents for an apartment, a car and other property, a bank deposit agreement.

After that, the notary submits a request to the relevant authorities, for example, if he has information about the presence of a bank deposit in a particular bank, only the notary can submit a request and bank employees will be required to answer him which accounts and how much money they have at the time of the testator's death.

Some participation in the search for property is also carried out by other heirs, since they may know about property unknown to you, and inform the notary about it, and since they inherit in equal parts, you will have the right to a part in this property. When inheriting by will, everything is much simpler, you are issued a certificate of inheritance only for the property that the testator bequeathed to you.

When receiving an inheritance during marriage from the mother, is the mother's inheritance subject to division after a divorce?

According to the Family Code, property acquired during marriage by inheritance belongs to you on the basis of the right of personal private property, that is, it is not subject to division in the event of divorce.

I am a citizen of Ukraine living on the territory of Ukraine! There is a familiar citizen of Belarus living in Belarus who has a car, respectively, with Belarusian numbers!
Can he give me a power of attorney?
Will I be able to drive with this power of attorney, in this car, on the territory of Ukraine?
If so, what will need to be done, how long can I stay in Ukraine and how often can I enter it?

There are two options. Your friend Mr. Belarus can issue a power of attorney on the territory of Belarus, and such a power of attorney is not subject to either apostille or legalization, and is automatically valid in Ukraine. Gr. Belarus can also issue a power of attorney for a car with Belarusian numbers in Ukraine. As for the question of the duration of stay in Ukraine and the frequency of entry / exit to / from its territory / and, without registering with the traffic police, a vehicle with foreign numbers can be used in Ukraine for no more than 10 days, which are counted from the moment of crossing the state border. After the expiration of this period, for further use of the vehicle, you must either leave and re-enter Ukraine, while a new 10-day period is counted, or register the car with the traffic police.

My lawful husband wants to adopt my adult daughter from my first marriage. What is needed for this and where to go?

Indeed, the new Family Code provides for the possibility of adopting an adult. To do this, you need to apply to the court with an application for adoption. The difference in age between the person who wishes to adopt and the person who wishes to adopt cannot be less than 18 years.

At the same time, it should be taken into account that an adult person can be adopted only in exceptional cases, in particular, if he is an orphan or was deprived of parental care before the age of majority. Taking into account the exclusive nature of the right to adopt an adult, the courts, when considering such a case, establish additional circumstances, in particular, the need for adoption and the impossibility of formalizing another legal relationship between the person who wants to adopt and the person who wants to do this (drawing up a will, etc.). ).

At the same time, going to court with an application for adoption should not be conditioned by the desire to achieve a different legal consequence than the legal registration of kinship (possibly already existing in fact). The court also takes into account the presence or absence of the adoptive parent of his children. The law does not establish a ban on the adoption of an adult by those who have their own children, but the court takes this fact into account based on the circumstances that determine the possibility of natural children to be heirs. In each specific case, the court, when deciding on the adoption of an adult person, may take into account other circumstances.

Can Article 187 Part 4 (robbery with a fatal outcome) and Article 115 Part 2, 6 badges (murder with intent) be imputed at the same time? As far as I understand, these 2 articles are similar and should be either one or the other!
And also, can information be entered into the case that the person was intoxicated, if the examination was not carried out.
And if a person from a pre-trial detention center writes a petition to the prosecutor's office, should he receive a response in writing, or can you believe that he is simply attached to the case!

According to the criminal legislation of Ukraine, the articles you mentioned relate to crimes of different categories: in the case of Art. 187 of the Criminal Code is a crime against property, and in the case of Art. 115 of the Criminal Code are crimes against human life and health. Based on this, the court, when considering a particular case in accordance with Art. 70 of the Criminal Code, first determines the punishment for each individual crime, after which, at its discretion and depending on the circumstances of the case and the gravity of the crime, it can determine the final punishment either by absorbing a less severe punishment by a more severe one, or by total or partial summation of the imposed punishments.

As for the presence of a person who has committed a crime in a state of drug or alcohol intoxication, this is certainly an aggravating circumstance in accordance with Art. 67 of the Criminal Code. In the absence of an examination, the court can determine such a state of a person based on the testimony of witnesses to the crime.

Regarding the petition from the pre-trial detention center to the Prosecutor's Office, the filing of which is within the rights of the suspect (Article 43-1 of the Code of Criminal Procedure), and which is sent either through a lawyer or personally through the administration of the pre-trial detention center, the answer is provided in writing.

My father died. I am an illegitimate son. Heirs 5 people I am his wife, two children and his mother. All of them lived with him. My father was a large farmer with land, equipment and real estate.
What is my part and how will share. His wife says hers is 50% and we are 10%.
They will not give me any documents on his property.
What to do to get 1/5 equal part and how to collect all the documents?

By law, you, the wife, children and mother of the testator are heirs of the 1st stage, who inherit the property in equal parts, that is, 1/5 each (in your case). To receive an inheritance, you must accept it by submitting an application for acceptance of the inheritance to a notary within 6 months after the death of the testator. The notary will need, among other things, to provide a document confirming your family relationship with the deceased (birth certificate, in which the deceased is recorded as the father). After 6 months, you can receive a certificate of inheritance for 1/5 of the testator's property.

They decided to divide the common property of the house and the land in kind, the expert concluded that it was possible to allocate the house and land in equal shares, and to service his shares he made two plots of small common property, instead of an easement. Now, when we touched on the receipt of individual state. acts on land and BTI passports, assigning separate numbers and postal addresses to your shares of real estate and land, everywhere they play football with the words that you have common property and without its division, no one will register the right of your shares allocated in kind by court decision. I ask you to give a legal assessment of the actions of state bodies.
Are they right?
Is it true that if there are allocated shares in kind and there is a part of the common property, then the section in kind will not be registered in BTI and land. resources?
What's the best way to do it now?

The allocation of a part does not terminate the general nature of the property, but only transfers it into joint partial ownership. The division of property terminates its general character. Therefore, in your case, if there is consent of the parties, the specified division can be drawn up in the form of an appropriate agreement subject to notarization, or in the absence of the consent of the parties, such an issue of division of property (not to be confused with separation) is resolved in court. After one of these procedures, parts of the divided property are subject to registration with the relevant authorities (including BTI and zem resources).

Is it necessary to legalize translations of documents in the Ministry of Foreign Affairs if the originals are already legalized there?

It is necessary, since legalization (consular legalization or apostille) testifies to the validity in the country of destination of only the originals, and not their translations. In this regard, translations are subject to separate legalization.

How can I correctly indicate in the application for the inheritance of the father to the bank account and find out the amount that remained at the time of death?
How to register in the application that I apply for the harvest. His wife is now cleaning.
And how to correctly indicate that I am claiming a part of his business of a rural enterprise?
And for part of the leased land from the villagers?

In the application, you indicate only the intention to accept the inheritance, and which and in what shares the notary checks and decides according to the law. You can help him by reporting the property of the testator known to you with confirmation by the relevant documents. About the account and the availability of money, only a notary can make a request to the bank on the basis of the bank deposit agreement or other documents provided by you to the notary.

My husband and I planned to buy a 2-room apartment, but we received an offer from my mother to go live in her 3-room apartment, and she agreed to live in the purchased 2-room apartment. The problem is that our relationship is spoiled (3 years ago, my mother just kicked us out of her apartment) and my mother-in-law simply does not trust ... Mom wants to make a donation on me, and my husband is afraid that after some time she might withdraw it and get your apartment back. Therefore, we decided to buy, formalize everything, and not accept a donation. Question: How to formalize this transaction and what taxes (%) will we have to pay when buying an apartment? Will she then be able to terminate the sale and purchase transaction and return her apartment? And if there is a donation, will the mother be able to withdraw it and for what reasons?

The donor has the right to unilaterally refuse to transfer the gift in the future (in the event of the conclusion of an agreement with the obligation to transfer the gift in the future), if after the conclusion of the agreement his property situation has deteriorated significantly.

The donor has the right to demand termination of the contract of donation of immovable things or other especially valuable property, if:
- the donee intentionally committed a crime against the life, health, property of the donor, his parents, wife (husband) or children;
- the donee committed the intentional murder of the donor, the donor's heirs have the right to demand termination of the donation agreement;
- the donee creates a threat of irretrievable loss of the gift, which has a great non-property value for the donor;
- if, due to the negligent attitude of the donee to a thing that is of cultural value, this thing can be destroyed or significantly damaged;

The donor has the right to demand termination of the donation agreement if the gift has been preserved at the time of the request.
In case of termination of the donation contract, the donee is obliged to return the gift in kind.

Registration of a donation - 1 % of the amount of the contract (in your case, since you are relatives of the 1st line of kinship), otherwise 5 %.
Registration of purchase and sale - 2 % from the amount of the contract.
At the same time, both a donation agreement and a sale and purchase agreement may be declared invalid on the grounds provided for by law. They are the same for both types of contracts.

In your situation, it will be cheaper to issue a donation, but when buying and selling less risk.

After the death of his uncle, there was no family and children left. He lived in Russia. It's been 16 years already. Is it possible to sue for the inheritance of the house and land of the household that he owned (the land was not privatized, though) - it was 1995. It used to belong to my grandmother.

The legislation of the Russian Federation establishes a limited period for accepting an inheritance. It is equal to six months from the date of death of the testator. If the heirs do not accept the property within the prescribed six months, then it becomes the property of the state.
It is possible to extend the inheritance period through the court, with the proof of the fact that it is impossible to accept the inheritance on time.

The salary is transferred to our account in one of the banks in our city, and of course, with the help of a card, we withdraw them from the account. The money went to the account on June 30, they are still not in the account. I know that money goes through Ukraine within 5 working days, but this time has already passed, but the money has not arrived. What should I do in this case in relation to the bank, write a complaint or maybe some other actions? Previously, money always came in a day, this is 1 time.

Timely payment of wages is primarily the obligation of your employer, who concludes an appropriate agreement with the bank. As a rule, when transferring money, they are credited to the account on the same day or the next (depending on the bank).

International transfers usually take 3 days (if through several banks), and if direct - 1 day. In this case, you can write a request to the bank, in which you specify the details of the transfer. This is possible if you are a bank client, and if you open an account for your husband, then you need a power of attorney. Complaining won't help here. But if the request is not answered, then you can write a complaint.

It is possible that the employer's agreement with the bank specifies other maximum terms for enrollment, you are unlikely to know about this.

Violation of the terms of payment of wages imposes liability on your employer in the form of fines, etc. You can contact the employer on this issue, and he, in turn, must contact the bank directly.

The ex-husband filed an application with the Board of Trustees asking me to allow me to take the child for half a day and that he pick up my daughter after kindergarten.
She is two and a half years old, he does not pay child support. Will he be allowed or not.

It all depends on the body of guardianship and guardianship. If they decide that it will be in the best interests of the child, they may allow it, because your ex-husband is not deprived of parental rights. As a rule, such decisions are made at commission meetings in the presence of parents, each of whom puts forward his own arguments. Your ex-husband may say that he did not have the opportunity, and now he has found a job and can pay child support, wants to take part in the upbringing and believes that the child needs him, may also say that you prevented him from seeing the child, in this case, the guardianship authorities may establish a probationary period or, for example, allow the child to be picked up 2 times a week for the whole day, or establish any other mode of communication with the child. At the same time, if the guardianship authority decides that your ex-husband is dangerous for the child, for example, abuses alcohol, drugs or “raises his hand”, it can prohibit communication, while setting a correctional period, after which a second meeting is scheduled.

My daughter was born three days ago! Civil wife. Now it will be necessary to register the child in the registry office.
The wife does not want to leave the name of her ex-husband to the child.
I changed my first and last name in 2000!
We jointly decided to give our child my first surname and patronymic by my first (real) name. I have a certificate of change of name and surname.
In the future, I want to return my real name and surname! Will the registry office be against?
And will we have problems in SOBES when applying for assistance (this is the third child of my common-law wife)!
We will formalize our relationship later in any case!
And what can they demand from us, in terms of documents in the SOBES?

At the time of registration of the child, he can be given either the surname of the mother or father. If you want to give your child your last name, then only the current one, otherwise the registry office will not write it down. After you return your former surname to yourself, you can give it to a child without his consent until he reaches 7 years of age.
With proper registration, problems with social security should not arise.
To assign a one-time allowance for the birth of a child, the following documents are submitted to the labor and social protection authority:
1) an application for the appointment of assistance, which is drawn up in the form approved by the Ministry of Labor;
2) a copy of the birth certificate of the child and a certificate issued by the state civil registration authority for the purpose of assigning a lump-sum allowance for the birth of a child.

Will it be necessary to adopt a child to his biological father if we sign after the birth of the child, if the child is recorded in the name of the father, he is the father in the birth certificate, but we are not officially married.

The fact of paternity is established not by being married, but by an entry in the birth certificate of the child, therefore, after the marriage is registered, there will be no need for adoption.

I'm buying an apartment and don't know what to do. The seller wants to indicate in the contract of sale the estimated value of the apartment (from the BTI), and not the market value, in order to save costs during the transaction. Since, under the new law, he will have to pay 5% of the cost of the apartment, since he has owned it for less than 3 years. This situation worries me, a person I don’t know at all, I’m afraid that in the future there will be no unpleasant situation, if suddenly the deal can be terminated for some reason, it turns out that under the contract the seller will have to return the amount to me based on the appraised value of the apartment, but the amount will be many times higher than the one from the BTI .. How to protect yourself in this case? Perhaps a special agreement needs to be drawn up? Can there be some kind of scam here if the seller refuses to include the real cost of the apartment in the contract?

You can protect yourself only by a notary contract. Since you are a buyer, by law you can purchase an apartment for the price that will be indicated in the contract of sale. If the seller wants to save money, then his income will be estimated, not market value, and if he wants to sell at a good price, then let him pay tax. Hypothetically, you can issue it as the seller says, but in the event of any disputes, you will not prove in any way that you purchased at a different price than indicated in the contract, and if you try to prove, for example, in court, that you purchased at a different price, then this is evasion from paying taxes. You can save 5 % and lose a lot more.
We recommend professionally assessing potential risks by collecting the necessary information through lawyers specializing in real estate transactions.

After the death of her father, she turned to a notary to accept the inheritance by will, but a letter was received refusing to issue a certificate of ownership due to improperly executed documents for a residential building with outbuildings, there is no exact address of the residential and total area, a list of spores. need to go to court. Tell me with what claim its name, sample.

The notary issues a certificate of inheritance, not ownership. The certificate of ownership of the property is issued by the BTI or the local council. In order to become the owner of the property in question, it is necessary to register the ownership on the basis of a certificate issued by a notary. If the title documents are not properly executed, you need to contact the authority that issued them to make the appropriate changes and additions. After that, the notary will be able to issue you a certificate of inheritance, on the basis of which you can register the ownership.

Is it possible to discharge an ex-wife from the municipal room in court, about whom there is no information about her whereabouts for 23 years. Because in addition to paying utility bills all these years, I also cannot privatize a room. Can the court refuse me this? Because From all sides I hear that the courts are not willing to decide such cases positively.

First, you need to legally recognize your wife as missing or dead, and then, on the basis of such a court decision, apply to state bodies for her discharge.

I am a citizen of the Russian Federation, I need to entrust my mother, a citizen of Ukraine, to represent my interests in court. Will the usual notarized power of attorney be valid or is it better to issue it to my wife, who is going to go there, with the right of substitution, or do I need to go to the consulate with this issue?

Ukraine and the Russian Federation are parties to the Minsk Convention on Legal Assistance, according to which documents issued in one state do not require apostille in another and have legal force in that other state. You can safely issue a power of attorney to your mother. In Ukraine, only its notarized translation is required.

I have such a situation, my grandmother raised me from birth and was a guardian, she wants to make a will for me on a land share, but her son does not want to give documents for making a will, since he is the direct heir with my father after death. They have already received one inheritance after the death of their father, a house and land, and they themselves have their own, which they gave out on the collective farm, it turns out that this is not enough for them. If you make a secret will written by hand and have a notary certify whether you need documents for the land?
Is it possible in this letter to deprive the heirs of the right to inherit by law?
What chances do I have after opening it if the letter is legally correct.
Please tell me how to do it right.
Grandmother is in her right mind, but she is afraid of her son, who does not give her these documents to the land.
Help, they deprived me of the house in which I grew up and I have to rent an apartment with two children of these 10 years. And he still doesn't have enough. Human greed is limitless.

It is not necessary to make a secret will. Your grandmother can either deprive her son of the right to inherit or bequeath to you all movable and immovable property belonging to her. If your grandmother wants to bequeath only a land plot, then it is advisable to indicate the number of the state act, the cadastral number, the details of the title document, you can not indicate these data, but then it will be difficult to exercise the right to such an inheritance.

Under what circumstances can the wife of a deceased pope claim 50% inheritance property?
In this case, there is a division of the agricultural company that he created while married to her.

The property of the testator will be inherited by the legal heirs in the order of their turn. The surviving spouse, children and parents are heirs of the 1st stage and inherit in equal parts. Accordingly, if there are two heirs: you and the surviving spouse, then you will inherit the inheritance in equal parts of 1/2. Property acquired during marriage is the common joint property of the spouses. Accordingly, your father owned 1/2 of the agricultural farm, part of which you will inherit in equal parts.

How to prove violence against a young grandson if the mother prevents communication with her grandson. The daughter registered a marriage with a twice convicted, he allegedly took up the upbringing.

You can challenge the obstacle to communication with your grandson through the guardianship and guardianship authority or the court. Regarding violence against a grandson, it is necessary to contact the police. Witnesses and medical examination may be required.

We sold the car by proxy for a small amount, as the car was old as if it were to be dismantled. Buyer explained what you need to look at the state and do to ride. He chimed in and agreed. Answered: eyes saw what they bought and not expensive.
A week later he calls and says I want to return, changed his mind. But the money was spent and it is not known that he was weird with her.
He says the repair will be 8 thousand UAH. They sold a minibus for 10 thousand UAH. Refers to the protection of consumer rights p.№6,8.
Who is right.

It is NOT possible to sell a car by proxy. Ownership by proxy does not transfer, you can revoke it at any time and the so-called "buyer" will not even have the right to use the car. As of today, you remain the owner.

I'm about to leave the company of my own accord. At the moment, the enterprise's salary debt to me is 6 months in time.
The accounting department does not issue a certificate of debt. Tell me, if I leave the company, is it possible to get this debt?
Can you please tell me what to do?

You can file a complaint with the territorial Labor Inspectorate, which is authorized to conduct inspections regarding compliance with labor laws, in particular the timely payment of wages, as well as hold employers who violate labor laws liable. However, before contacting the Inspectorate, you should try again to ask the employer to pay the outstanding debt, or provide a certificate of debt, otherwise warn the employer about contacting the Inspectorate if the latter fails to eliminate the violation.

I would like to know:
1. Type of activity for the sports club and what taxes (approximate amount)?
2. If you also open a trade activity (fitness bar), does the tax increase? If yes, how much? And what kind of activity does this type of trade refer to?
3. What type of activity is sports nutrition?
4. What tax is better to work on in the activities of a sports club?

The type of any activity you are interested in can be determined by the Classifier of Types of Economic Activity (KVED). To determine the tax rates and their amount, it is necessary to have more detailed information about the planned activity. According to general information, it is clear that there will be income tax and VAT.

I have a 3rd disability group (blood disease), I was hired for an internship for the position of "sales manager", but the job involves long business trips abroad. After completing the internship, the employer obliges to undergo a medical examination and draws up medical insurance.
I'm afraid to inform the employer about disability, because. this can be intimidating. If I do not report, does the employer necessarily find out about the disability himself? As I understand it, with medical insurance, this will become known.

You understand absolutely correctly. Since the employer himself obliges to undergo a medical examination, then he will probably find out about the disability.

What documents must be issued by a notary after registration of the inheritance in hand.

The notary must issue a certificate of the right to inheritance for each type of inherited property.

The mother was forced under pressure to sign a will for her son. Even though she doesn't really know what she signed. Those. this was done forcibly and, due to age, the person underestimated his actions. How to recognize such a will as invalid and are the actions of a notary public when making such a will legal?

In the situation you describe, the following options for its development are possible:
1) the testator (mother), in accordance with the norms of the law, has the right to cancel the will at any time, or to make appropriate changes to it;
2) the testator may issue a new will, which automatically cancels the previous one;
3) or already after the death of the testator, the interested persons may challenge the will in court.
The notary acted lawfully, unless he was a participant in coercion, which in turn requires proof.

Where to go to get information about a judicial administrative case that is in the Court of Appeal. The case is related to the incorrect payment of pensions and salaries. It was considered in the local court with a decision in our favor after it was transferred to the Court of Appeal. Specifically, you need to find out the case number and the name of the judge who has this case. Is it possible to do this in writing? When trying to find out about the case by phone, they said that they do not provide such information, referring to the fact that they have a huge number of cases and they do not provide such information by phone?

Information about the number of the case and the name of the judge can be found in the court office upon presentation of an identity document of a participant in the proceedings or his representative by proxy. In some courts, this requires filling out an application of the form established by the court.

In 2006 by a court decision, my father received the right to a living space (a house from his aunt). The privatization process began (all procedures were completed and paid for), the BTI was appointed the day of the arrival of their expert, but a week earlier, the father died. How can I, my daughter, take over this living space. (I live there).

Based on the foregoing, you cannot inherit the property, since your father has not legally registered the ownership right (it is better additionally with notary consult). If the notary confirms, then only through the court with the involvement of a lawyer-lawyer by inheritance.

The following question arose: a friend adopted a girl 5 years old. Playing in the yard, the girls from the neighborhood told her that she was from an orphanage. When a friend found out that they had told her daughter a secret, she wrote a statement to the police about the criminal liability of the parents of a neighbor girl for Art. 168 of the Criminal Code.
What would be the outcome of this case? What is the practice in dealing with such a case?

The result can be different, on the one hand, the court can impose a fine, and on the other hand, it is very difficult to prove guilt. According to the law, disclosure must be made against the will of the adoptive parent. The question arises how the neighboring girls learned about the adoption. If from the adoptive parent, then there is no question of responsibility, and if from their parents, it will be difficult to prove in court that they themselves told it, because the child could overhear the conversation or even hear information on the street from other girls. Even if from the parents, where could they have known such information, either from the adoptive parents or from other sources. The court pays attention to when the secret ceased to be such and who is the source of disclosure.

My grandmother, according to her will, her mother-in-law wrote a will to the house, but her grandmother refuses to inherit, but her mother-in-law already died 8 years ago, there are no more heirs, except for great-grandchildren. How to register this house for a great-grandson who is registered and lives there?

If we are talking about the great-grandson of the mother-in-law, then he can inherit by right of representation if he lived with the mother-in-law in the same living space at the time of her death. It is important to note that such a right can arise only if the grandfather of the great-grandson died before the death of the mother-in-law. If this option is not suitable, then in the event of the absolute absence of any relatives in the direct or lateral lines of kinship, the great-grandson can apply to the court to renew the terms for accepting the inheritance (although it is very unlikely that the court will renew them, there must be a good reason, because 8 years have passed).

Please advise me on the immigration issue.
I permanently live in Switzerland, but I am a citizen of Ukraine. For family reasons, I have to change my surname to take my mother's surname.
Question: what is the procedure for obtaining a new passport and how, with a completely clean passport, can I leave the country for Switzerland, where all the documents, of course, are in my current surname. How difficult is this procedure and how long does it take.

There are two options.
The first is to apply to the registry office / registry office, write an application for a change of surname, obtain a certificate of change of surname, apply with it to the OVIR to obtain a new passport, and with this apply to the MZS.
The second is to apply to the consulate while in Switzerland with an appropriate application for a change of surname, in the future, obtaining a new foreign passport. Both options will take at least 3 months.

Our grandmother has an apartment. Ownership of her only. She had only one child - our mother. She died. The father is alive. I have a sister. Whether it is necessary to make a will for me and my sister or not (my grandmother has a sister), and what will be the procedure for us to enter into ownership.

If your grandmother makes a will for you, then you will be the only heirs. If she does not make a will, then you, by right of representation, will inherit after your mother by law. In both cases, the grandmother's sister will not inherit. If you want to play it safe, then it is better to make a will. After the death of the grandmother, within 6 months it will be necessary to contact a notary to accept the inheritance.

I was sentenced to six years in prison. He served five years, was released under an amnesty in 2001. It's been 10 years, no offense committed. Can I get a certificate of non-conviction, or a canceled conviction? I'm not very good at this. I am contacting you because of employment problems.

Repayment of a criminal record is possible from 2 to 8 years, depending on the severity of the crime. In any case, your conviction has already been expunged, because even in the case of a particularly serious crime, the conviction would have been expunged in 2009. For help, contact the central police station in your locality.

We want to privatize rooms in a hostel (3 rooms with a total area of 50.44 square meters). 2 people have been registered since 1996. The Housing Commission does not give permission, demanding to rent one room (extra living space) Are their demands valid?

Free privatization is carried out at the rate of 21 sq.m. total area for the tenant and each member of his family, plus an additional 10 sq. m. for a family. Exceeded area can be privatized by additional payment if you live on it.

My boyfriend, dad and mom were not painted, and mom in the line father, instead of her father's surname, wrote her surname.
Mom died, the guy is already 22 and he wants to enter the name of his father. The father agrees, but he left for permanent residence in Germany, but he is not a German citizen, he is only registered there. We went to court and thought that the guy could apply to the court, but we were told that the application should be filed by the father. Why the father? And what would be the best way to do it?

If your boyfriend just wants to change his last name, then for this he just needs to contact the registry office, which registered the fact of his birth and write a corresponding application. In the event that your boyfriend wants not only to change his last name, but also to enter data about his father into his birth record and, accordingly, into his birth certificate, then for this it is his father who must go to court with a lawsuit for adoption.

I was convicted under Article 185 Part 1 4 years ago, the sentence was a fine. To get a job you need a certificate of no criminal record. I want to ask what will be written in this certificate?

According to the current legislation, in your case, the term for the redemption of a criminal record is 1 year from the date of serving the main type of punishment if no new crime is committed. Thus, since your criminal record has already been extinguished, it will not be mentioned in the certificate of non-conviction.

I am a contract serviceman (citizen of Ukraine) of the Ukrainian Navy, I am serving the second year of the first contract, I decided to quit the service due to incomplete service compliance, I submitted documents for dismissal from the NSS to the fleet headquarters, as well as a report written by me about my unwillingness to continue military service on contract and signed by my ship's commander. To this day, the documents have been under consideration at the headquarters since June. I have the original document in my hands, which indicates that the contract will be terminated with me, and the dismissal of me from the ranks of the Ukrainian Navy, signed by the commander of my unit. Please tell me what threatens me if I stop appearing at the service at all? How long does it take to process my resignation?

The legislation of Ukraine does indeed provide for the possibility of dismissal of military personnel under a contract before the end of its validity, both on the initiative of the military personnel themselves and on the initiative of the command. Dismissal due to incomplete service compliance, as in all other cases, occurs on the basis of an order from the command, the deadlines for which, unfortunately, have not been established. The document you have in your hands indicates your intention to terminate the contract, and if you fail to appear at your duty station, you may be liable under the Disciplinary Regulations.

I live in a hostel with my child and my husband. Assigned: I, a child, a husband, a mother-in-law and a sister of a husband in 2 rooms and an order with a mother-in-law can I apply for 1 room with a child during a divorce 2 room by square 18m child 5 years old and one more question I'm afraid that the mother-in-law will write me out and we have nowhere to live and to live in marriage is simply impossible.

You can’t, but the child is unlikely to be discharged, since he is a minor, unless the mother-in-law can register him elsewhere.

The essence of the problem is this - there is a friend who lives in a village 250 km from Kyiv and she has problems with her neighbors.
- Either the neighbors will open the doors to her hut and rummage in the hut, then they will open it and steal money from the hut, then they will steal something in the yard, then they will simply open the doors to the hut - well, in short, according to her, real crime.
But it’s not the police, not the rural council where she applied, they don’t want to do anything, she just doesn’t know where to turn anymore ((((I called and asked for some help, a very good person and I want to help somehow.
What are some tips ideas?

With regard to previous violations, it is necessary to apply to the police with a written application again, register it and indicate the need to provide a written response. In case of refusal, apply to the court with a copy of the registered statement of inaction of representatives of law enforcement agencies. In the case of new offenses, it is necessary to call the police to the scene.

They bought an apartment, divided it into me (as a mother) - 2/3, son - 1/6 and his wife 1/6. His wife has a first son from her first marriage and a second child from my son. Children did not participate in privatization. Help to understand the situation. If they get divorced, who will get and how much sq / m, how is she divided?! 2-room apartment - 47.9 sq / m (total). I also have a son, the eldest, he also did not participate in privatization, will he get any part?!

If at the moment the apartment is in common partial ownership, then after the divorce, the owners will retain their parts (2/3, 1/6, 1/6). Your sons will be entitled to your share (2/3) in equal shares only in case of succession after you.

My father died in Kyiv. He owned half an apartment in Kyiv. (I live in another city). He applied for acceptance of the inheritance in the 2nd State. notes. Kyiv office. But the owner of the other half of the apartment (the ex-wife of the father) has a certificate of ownership of the apartment, and she lives there. I only have a photocopy of this certificate. She does not want to give the original.
Approximately how much can it cost to represent my interests at a notary, at the BTI, etc. on this matter?

To assess the case, you must additionally send a copy of the title document for inheritance. For the cost, call inheritance lawyers to clarify depending on the circumstances of the case.

I have been working in the bank since 2006, from February to the present time the process of liquidation has begun in the bank (already 1.5 years), since May they have stopped paying salaries, the liquidator does not sell collateral, and the money from the sale of fixed assets is only enough to pay rent and utilities. I don’t want to leave of my own free will, I want to receive redundancy benefits, because it’s not my will that I lose my job. We, who remained, are deceived, they say that they are about to pay off and nothing happens. The NBU is already aware of the fact that there is a debt, the district Prosecutor's Office also writes a letter and obliges us to pay salaries to employees, but again, we are not paid anything. What to do in this situation? And by the way, people who were laid off back in May were also not calculated upon dismissal.

First of all, the employer must pay wages to employees, and then all other payments related to the activity. File a complaint with the local labor inspectorate and file a lawsuit.

I filed an application for the court's order for the contraction of confiscated, but not paid wages. This year I recognized that the application was approved and sent to the interested person. in court, they advised me to give a consultation. what did they give me? stinks only said that they can return to them about the removal of the sheet. What gave - I do not know! tell me to be kind!

After receiving notification of receipt of the letter, the interested person may apply for cancellation within 10 days; if the person concerned has not exercised his right, then the order comes into force within 3 days; after which you, together with the original order, apply to the executive service.

I found a non-privatized house with a plot for purchase. He has an owner who offers me to make a deal through the court. In general, what mechanism will this deal have? What will we have to do?

What deal are you talking about? If the house and plot are not privatized, their owner must first privatize and then sell it to you under a sale and purchase agreement.

I was going to buy a house, or rather half of the house, the situation is this, my grandmother died and left a plot with a house to her two nephews, they entered into the right to inherit and received documents in court. But they did not specify where whose side and what part of the house will belong to whom. They have in the documents and one and the other says that they have the right to 1/2. I am offered to buy half and then share the house and the plot with the second owner myself, is this possible and what consequences will this have for me? Will there be equal rights, it will not turn out that he will have the priority of choice and will be divided as he wants, and my wishes will not be taken into account. The site and the house is not privatized.

First, the owner 1/2 has the right of priority purchase,
secondly, only its owner can sell the property, and for this it is necessary to first privatize the house and the plot,
thirdly, 1/2 must be distinguished in kind;
After all of the above steps have been taken, we can talk about a sale.

I work for a private company (LLC). The director, in response to my question about vacation pay, said that the company was commercial, which means vacation was not paid. To what extent is this legal and whether there are such forms of ownership of enterprises in the Legislation, where unpaid vacations and sick leave are allowed.

You are entitled to 24 calendar days of paid annual leave. You get such a right if you work at the enterprise for more than 6 months. You are also entitled to paid sick leave.

My daughter has a 2 year old and has not been married. But at the time of birth, the father of the child was nearby and registered the child in his last name. Now it has been 1.5 years since he disappeared, does not appear and does not help in raising a child. Is it possible to deprive him of parental rights if he is a Russian citizen living in the Czech Republic. And how to do it right?

One of the grounds for deprivation of parental rights is the evasion of fulfilling obligations to raise a child. Deprivation of parental rights in this case will be considered under the law of the state of which the child is a citizen or where he lives.

I want to buy a car by proxy driven 5 years ago under a disabled person. The disabled person is still alive. They can write me in the technical passport.
QUESTION: does SOBES take such cars after the death of a disabled person, and can I somehow re-register this car for myself.

The car received in the form of humanitarian aid is returned to the social security fund, only his heirs can claim the part paid by the disabled person on their own.

After the death of her husband, his son from his first marriage received 30% from a 2-room apartment. Cohabitation is not possible, the offer to buy out part of it is not accepted. The situation has reached an impasse. Is there a way out of it?

To go to court for the division of an apartment in kind, and since this is most likely impossible in your case, to oblige the other party to sell its part, which is smaller than yours, on the basis of the impossibility of further living in one apartment due to a systematic violation of the order by the second party, for this you it is necessary to put on the deposit account of the court the amount of the ransom at the time of the consideration of the case in court.

My niece was found guilty for Art. 296 Part 2 of the Code of Ukraine. Appointed punishment at the sight of 1 p pozbavlennya will. Zgіdno st.105 svіlniti vіd recognized warning, zastosuvat primusovі come in whihovy character in the type of transmission of incomplete pіd vіd vіd vіdnі і mother і on 1 rіk. Infection through virok є the threat of exclusion її from the medical college. Chi maє won the right to continue learning.

Your niece has the right to continue education.

How to write a child out of my apartment (I inherited it)?
Divorced from ex-wife. She was not registered in the apartment. She has a place to live.

Only by decision of the guardianship and guardianship authority.

I am a citizen of Russia, married to a citizen of Ukraine, I plan to get a residence permit in Ukraine.
The question is the following - can I arrange guardianship of a minor citizen of Russia in Ukraine? Will a residence permit give me such an opportunity?

The establishment of guardianship over a citizen of another state is possible in such a state. Neither a residence permit nor citizenship of Ukraine provides you with such an opportunity.

At the end of August, alimony is usually transferred to me, but they were not listed, what could be the reason for this. The former husband serves in the Navy as a submariner, in the city of Zaozersk, could this be because he went on vacation and is being recalculated at the Ministry of Defense? (listed by the Department of Defense)

This is unlikely, since the recalculation, if carried out, must be completed within the time of the usual salary payment. It is better to check with the ex-husband what the delay is connected with.

The husband and father are registered in the same apartment. The apartment was privatized for two and after the trial has two personal accounts. My father has not lived in this apartment for 20 years, but he pays utility bills for his part. Now he has written a general power of attorney for the daughter of his civil wife. She decided to sell her share to her husband. Agreed on a price. Now we are waiting for the decision of the bank to take a loan. But she can’t wait, she began to threaten us that she would solve the issue differently. What can she do in this situation? After all, the husband is the first buyer for this part of the apartment. And how can you seize an apartment in this situation? Are her threats grounds for a lawsuit?

Your husband has the right of priority to purchase the part. Only in the event of his written refusal, she has the right to sell her part to another person.

I want to marry a Syrian citizen who lives in Dubai. We want to register marriage in Dubai. Please advise me how to proceed. So that in the event of a divorce, I would not have to face the big problems of divorce and return to Ukraine.

In order to protect yourself as much as possible, it is better to enter into a marriage in Ukraine after carefully consulting with a family lawyer.

After the deceased mother, 2/4 of the share in the apartment remained. She did not leave a will. In addition to me, my sister laid claim. Which, according to the law, got 1/4 of the share. Now in the apartment 3/4 belong to me and 1/4 to my sister. I have a minor daughter. The sister demands to buy this share from her for 500 thousand rubles. Despite the fact that the entire apartment costs a maximum of 1,600,000 rubles. No compromises are made. Never paid for my share. I pay the apartment in full. Please tell me what I can count on and how I should behave so as not to be left with the child on the street.

It was better to agree amicably on a buyout at the real market value, and if it doesn’t work out, find a buyer for the entire apartment, divide the money in accordance with the parts.

The Sovereign notary advised me in the registration of the council according to the law. Motive: there are no title documents for the land and unruliness. When sent to court, how can I get a decision about the appointment of my right to power? Why can I register the indestructibility in the BT, what is the responsibility to put the indestructibility into operation in order to obtain a certificate? Yakі dіі z earth?

The public notary refused rightfully. You can sue, but for this you need to have proof of ownership. Registration in the BTI is carried out on the basis of title documents, a certificate of the right to inheritance in the case of inheritance or by a court decision.

I am married to an Englishman. We got married in Dubai.
I want to get a divorce - where do I go and where can I find a lawyer.

Divorce with a foreigner depends on the place of registration of marriage with a foreigner: if it is the consulate of Ukraine, then the application must be submitted either to the consulate of Ukraine in Dubai or to the registry office in Ukraine. A similar procedure if the marriage was registered at the WB consulate. If the marriage was registered in the registry office of Dubai, then the application for divorce is also submitted there.

My aunt's husband died, during his lifetime the husband bequeathed his apartment to her nephew, but he began to behave in such a boorish way that she wants to change the will, does she have the right to do so? She lived a long family life with her husband!

The person who made the will can change the will (make a new will that automatically cancels the old one).
If the will was made by the late husband of your aunt, then the aunt cannot change the will of her late husband, that is, a document that she did not draw up.
Under certain circumstances, it is possible to invalidate a will - more.

I need a certificate from the place of residence (on the composition of the family) to apply for child support. This certificate must be provided to me by the chairman of the OSMD, but she refuses to do this, justifying her actions by the fact that I have a large debt for utilities. He does not want to write a written refusal (and I am sure he will never write). Says complain wherever you want. I myself am an orphan and I have no one to help me. I beg you please respond! Is it possible to write a registered letter demanding to provide me with this certificate, referring to the laws? If yes, then learn how to do it right!

Law of Ukraine on the appeal of citizens. First, write a written appeal with reference to the specified law and the requirement to give a written response within a month. If the answer is not provided, then go to court.

Is it possible to sell an apartment, having a donation for it?

It is possible, on the basis of a donation agreement and registration of you as the owner in the BTI (technical passport and extraction from the register of property rights).

My mother, her minor grandson (my son), wants to sign off part of the land and the house (new act and cadastral number). In the future, it is planned to complete this part of the house. Is it possible to build if the owner is a minor child? what is the procedure?

Actions of this kind are carried out through decisions of the body of guardianship and guardianship.

How can you act as a lawyer and turn your back like you don’t hurt anything.

See the terms of the agreement with a lawyer, in the absence of such, be guided by the rules of lawyer ethics. In general, before hiring a lawyer, use the basic rules - how to choose a lawyer.

how can you adopt a child if the birth mother refuses motherhood? Is it possible without the participation of guardianship authorities? What are my actions in this case?

Only with the participation of guardianship and guardianship authorities, provided that other, closer relatives do not want to establish guardianship.

We used to have a hostel with large corridors, a shared kitchen with electric stoves, showers (there has been no water for 10 years), a games room (about 22 sq.m). Almost everyone occupied parts of the corridor near the apartments (approximately 8 sq.m.) by squatting. The apartments have been privatized, but the corridors have not - is it possible to legally register the occupied territory of the corridor, and it is also indicated in our documents that the house is gasified - and we have electric stoves, what should we do now?

The corridor cannot be privatized, it is a common area. Regarding gasification, contact the Housing Office.

I was driving at night by car, there was ice, the car skidded, turned over, i.e. requires a complete restoration of the body. The accident was not recorded by the traffic police (I called my friends and the car was dragged to the garage). A friend advised a man who can make a body. The body was done, they took a lot of money from me, and now the car needs to be painted. But the specialist does not undertake to paint the car, he says that the body is not assembled evenly and the car is skewed (since I don’t understand anything about this, they made it to me somehow and gave it away). Can I claim my money back if this person cannot restore the car well? Tell me my next steps!

If there is a contract describing the type of work and cost, as well as proof of payment (documentary, not verbal), then you can demand a refund based on improper fulfillment of obligations under the contract.
In the absence of a contract and confirmation of payment of money, there is little chance. To begin with, you can ask for a receipt, as if a formality, for reporting. In case of refusal, you can contact the person who carried out the repair with a request to fix the problem or return the money. In case of refusal to apply to the court. Since there are no documents confirming the repair and payment, circumstantial evidence must be provided. At the same time, the court may not even accept the claim due to the absence of the subject of the dispute, since it is not confirmed by anything other than words.

I am finishing my 5th year of university. I have been studying on a budget for 5 years. The university requires that by the end of March 2012 we bring a guarantee letter of employment. And by specialty. The Institute will not employ us. I myself do not want to work in my specialty, and I will not find such a job in the city. The institute threatens that if we don't get settled, we will be required to reimburse the entire amount of the tuition. (when I entered the contract cost about 3500 UAH in our specialty). What can be done in such a situation? i.e. if I don't find a job? Can they ask me for this money somehow?

It all depends on what is written in the contract. If there is such a condition, then you must comply with it.

A list (if possible, a form) of documents for registering the incapacity of a person of legal age for a current disease (neurology). And, therefore, the next steps and relevant documents for registration of custody of this person?

Only a person who is not aware of his actions or cannot control them, and not just mentally ill, can be recognized as incapacitated. To do this, you need to apply to the court with an application for declaring a person incompetent. The conclusion of the forensic psychiatric examination and other evidence of the mental state of the person shall be added to the application. The court also establishes guardianship over a person.

There are four children in our family; our mother was deprived of her maternal rights. One brother ended up under the care of my grandmother in an orphanage, and my sister and another brother were scattered to different orphanages. I found my brother, but guardianship won’t give me information about where my sister is. in May I turned 18 years old, I once again came to visit my brother in the orphanage and they told me that some sister and aunt took him. Can you please tell me what to do?

You must first contact the guardianship and trusteeship authority with a written request. In case of refusal, ask for it in writing. Siblings do not have the right to separate. You must be provided with information about the location of your siblings, and if they are assigned to families, you must be allowed to see each other. Please go to court with your claim and this refusal.

Question regarding the return of goods after 14 days have expired, but during the warranty period. In general, I bought a power tool, the warranty is 18 months, a month later it broke down, I took it to the service center (SC further), it lay there for 3 weeks, after my persistence I was informed that it cannot be repaired, and the SC makes an act to return the goods to the store, citing the factory a marriage that cannot be eliminated. The impudence of the SC amazed me because... They replaced my unit and re-glued the serial number - traces of re-gluing are clearly visible on it and there are lint glued on the sticky side. The instrument was all scratched, frayed, and dirty. To the question “what did you do with it,” they answered me: “it was lying around with us”... In the end, they gave me a certificate and a unit. I'm going to go to the store to return it.
Question:
1.Will they accept my instrument fully complete but without a box? After 14 days from the date of purchase, I threw it away.
2. How to deal with such warranty service centers that replace goods, and how can this be proven?

They may not accept it. When you give an item to the SC, it is described according to the acceptance certificate, and when it is returned, an inventory is made in the same act. Before signing such a document, you must either describe the condition in which the goods are being returned, indicating all scratches and changes, or refuse to accept them. They are obliged to return the goods in the same condition or with the problems corrected, but not in worse condition.

Please tell me the sequence of actions in this situation: I want to bring my grandmother, a Russian citizen, to live with me (in Ukraine) for permanent residence. She is retired. Disabled person. We will not change citizenship. I want to register my grandmother with me.
What documents and where do you need to submit so that your grandmother can legally reside in Ukraine and receive a pension and medical care here?

Contact companies that deal with these issues or the State Migration Service of Ukraine. Since your grandmother is disabled and will be supported by you, registration of permanent residence can be carried out in a simplified manner.

I was choosing a laptop for myself in a store, the salesman advised, or rather spoke beautifully about the product, convinced me that this was exactly what suited me, but it wasn’t in stock to even look at it, i.e. They described it to me based on the characteristics and pictures. I said that I’ll think about it until tomorrow, but they say: “Tomorrow he may not exist anymore. the goods are selling out quickly” I made an advance payment and signed it, they said that the goods would be available tomorrow. Arriving home, I read the receipt that I paid for; it says in small print: “that the client does not have the right to refuse this product; in case of refusal, the prepayment will not be returned.” Having seen this product in reality, I didn’t like it at all, and I asked for my money back because... I am not satisfied with the product. They refused me, they said either take him or goodbye. What should I do please tell me.

You can contact the Consumer Protection Department (if 14 days have not passed yet) if you have a receipt and maintain the presentation. If to no avail, then you need to go to court with the claim that you entered into an agreement because you were misled.

I work for a utility company. An administrative fine was imposed on me as an official, but the company does not want to pay it, because... This will be a misuse of budget funds. Can I demand payment of a fine, and if so, on what basis?

If you are the culprit and a report has been drawn up against you, then you are required to pay a fine. You can ask to deduct it from your salary and pay for it.

I am a citizen of the Russian Federation, after the death of my father (citizen of the Russian Federation), I accepted an inheritance, part of which (the house) is located in the Zaporozhye region. An inheritance case was opened in Russia at the place of death of the testator. A notary from Ukraine requires me to present a certificate of inheritance rights to act abroad in order to open an inheritance case on the territory of Ukraine. A notary in Russia states that they send such certificates only upon request from a notary of another country (in this case, Ukraine), which is done AFTER the opening of an inheritance case on the territory of Ukraine.

There should be 2 inheritance cases. In Ukraine, a separate inheritance case is opened at the location of the property. If refused, contact another private notary. In case of refusal from a public notary, ask for it in writing and contact the Ministry of Justice of Ukraine. In this case, the inheritance in Ukraine must be accepted before the expiration of 6 months from the date of death.

I applied to the registry office for a divorce, i.e. I brought a certificate of the court decision (divorce), we were divorced back in 1999, I didn’t put a stamp at that time, it didn’t bother me, but now I decided to complete it, but I haven’t had a residence permit for a long time. I was refused to file a divorce (stamp, etc.) I live in Ukraine...is it legal?

Most likely, your divorce was denied legally. Ask for a written refusal, on this basis you can contact the Ministry of Justice.

Being divorced from my husband and living in a civil marriage, he registered me and two children in a state apartment.
4 years ago he kicked us out of the house, but we remained registered in the apartment. My children and I have no other place to live. Can we apply for housing in the apartment in which we are registered and can he sign us out of the apartment if we have no other living space? My son is 24 years old, my daughter is 10 years old.

Most likely he has already discharged you and your son. Before reaching the age of majority, a daughter can be discharged only with the permission of the guardianship and trusteeship authority.

My wife wants to divorce me and divide my property: an apartment, a car and a garage. My parents left me the apartment and the garage, and I bought the car under a general power of attorney. Have no children. How will the property be divided?

The apartment and garage remain yours as inherited property; you cannot buy property by proxy. Therefore, the car remains with its owner, who issued a temporary power of attorney for you.

We urgently need to sell a 3-room apartment. husband's apartment, 2/3 of this apartment belongs to the husband, 1/3 belongs to his brother (inherited from his mother), who lives in this apartment. My brother is registered there and doesn’t want to move out. How can you forcibly evict your brother and sell the apartment, giving him part of it in money?

In this situation (if you have described everything exhaustively), you cannot forcibly evict. Just come to an agreement. Try offering to sell him your part, or buy his part, or find a buyer, or exchange it for two apartments.

My husband and our three children are registered in a 3-room, non-privatized apartment (which my husband’s parents once received), and my husband’s nephew is also registered and lives in the apartment. The nephew is registered here, but participated in the privatization of another apartment, so he does not have the right to privatization. My husband and children have not yet participated in privatization. Can my husband and our children privatize this entire 3-room apartment? The nephew is registered and lives there, does not give consent to anything, he himself has already participated in privatization and puts a spoke in our wheels, says that without his consent we cannot do anything, but he will not give his consent and refuses in our favor for privatization won't sign. We don’t know what to do, we would like to privatize the apartment, but we don’t know how to do it all correctly... And one more thing... The documents for this apartment, the warrant, are with his mother, and when asked to hand over the documents, he is refused. What should I do?

First of all, the person for whom the order is issued and his family members have the right to privatization. The nephew may not have fully used his privatization right, which gives him the right to further use it by participating in the privatization of this housing (if the warrant was issued for him or his mother). As not the easiest, but alternative option, going to court to recognize the ownership of real estate.

I worked at the bank for 1 month, now I’m still on probation (3 months), I want to quit, but they force me to work for 2 weeks, but I can’t (family circumstances)! Please tell me am I required to work these 2 weeks? or can I refuse?

As a general rule, it needs to be worked out. The Labor Code provides for a number of circumstances relating to the hiring and dismissal of employees, allowing them not to work for 2 weeks, including health status and others.

We have 2 twin children. We go to kindergarten, we paid into the group fund for a year for one (since they said that you have 2 children) and now they said that you need to pay for two, I work alone, and my wife is on maternity leave. Tell me, there is a law that if you have two children, you need to pay 50%.

There is no such law. You need to read the internal rules of the kindergarten or the agreement with the kindergarten (if there is one).

My father is the owner of a privatized apartment in which he is not registered and does not live in it. And I, my second husband and my two minor children are registered and live there, the eldest from my first marriage. Now my dad wants to issue a deed of gift to me for this apartment. I visited the notary and started collecting documents and everything seemed clear, but the problem was in the guardianship council. I was told that I need statements from all parents, including my ex-husband (he hasn’t paid child support for 10 years now), but he refuses to come and write. What do i do? Is just my statement and my current husband enough? How do I get permission from the board of trustees to make a gift?

To obtain the appropriate permission from the guardianship and trusteeship authority, the written consent of both parents is indeed required. If your second husband did not adopt the child, or the first husband, who is the father of the child, is not deprived of parental rights, a written statement from the latter is required. He can submit it either personally, or through a representative, or send it by mail. Alternatively, if there are compelling reasons, you can deprive your first husband of parental rights in court, although this will take a fairly long period of time.

I lived with a man in a civil marriage, we had a child (he is now 8 months old). At first we wrote it down with my father’s last name, but then we separated and changed it to my last name. I didn’t apply for alimony because... he said that he would pay himself. But a month later he demands that I write an official refusal of alimony. I don’t want to have any relationship with this person, he is ready to write a waiver of parental rights. Please answer, is this possible? Or somehow peacefully, by mutual consent, deprive him of parental rights? What is needed for this?

Since deprivation of parental rights is a last resort, it is possible only in court, and exclusively on the grounds listed in the Family Code of Ukraine (including in the case of non-participation in the maintenance and upbringing of the child).
Regarding child support obligations: the child’s father must pay them voluntarily. You can write a refusal of alimony, but since you did not apply to the competent authorities to collect them, then in the absence of any further demands on your part in this regard, he may not pay them without refusal.

Before the divorce, my father signed the apartment into my name, but later my mother forced me to sign documents transferring the rights to housing to her. The apartment was not privatized; I turned 18 then. Now my mother sold the apartment and bought a warehouse with the proceeds. Do I have a chance to sue this warehouse?

Judging by the facts you presented, the practical chances of suing the warehouse are slim. It is necessary to prove that you did not transfer your property rights to your mother voluntarily. Since it is impossible to return the apartment in this case, because your mother sold it and the current owner is considered a bona fide purchaser, she will have to compensate you for its cost, which, in the absence of money, can be turned into property, that is, a warehouse. For all of the above, it is necessary, firstly, to take into account the statute of limitations, and, secondly, the available evidence base.

If the apartment was flooded by a neighbor from the top floor, what should I do?

Your actions: call representatives of the housing office to draw up a flood report, experts to inventory the damage and calculate losses, file a corresponding claim with your neighbors who flooded you. If you refuse to voluntarily compensate for losses, apply to the court to protect your rights.

It is possible to register the purchase and sale without (the entry from the register of rights of authority on the unrukhoma mainno) and it flows into it.

Without the specified document of the same notary, it is impossible to carry out the title of the owner of the property, as long as the Vityag from the register, which has been active for 3 months from the moment of withdrawal, confirms the sovereign registration of the rights of the ruler of the property.

I have a 3-room apartment where I am registered together with my sister, but in fact I do not live there; my sister and her partner live in this apartment. I live with my husband and 8-month-old child in a rented apartment; at the moment only my husband is working because I am on maternity leave. Question: should I pay utilities in a 3-room apartment where I don’t actually live? PS My sister and her partner are demanding half of the payment for utilities, citing the fact that I am registered in this apartment.

As a general rule, the responsibility for paying utility bills lies with the property owner. If you and your sister are both owners, then the responsibility is assigned to the two of you. In your situation, you can either reach an amicable agreement or enter into an agreement on the procedure for using living space and the amount of payment for utility bills, or in court establish the procedure for using utility services and paying for them. Alternatively, you, being the owner of half, can rent it out, then the tenant will pay for utilities.

I am planning to rent an apartment from relatives. They won't take money for the apartment. But for the housing commission you need to draw up a rental agreement for residential premises. But I want to point out that the rental agreement will be on a free basis. Tell me how to correctly indicate this clause in the contract.

By definition, a rental agreement cannot be free of charge. In your situation, you can draw up such an agreement, indicating a purely symbolic fee for the use of housing.

Is it possible to obtain a document to change my brother's name by proxy? He does not have the opportunity to receive, because currently lives abroad. And what law allows or prohibits this?

The document you specified can indeed be obtained by power of attorney drawn up at a Ukrainian consular office abroad, or from a foreign notary with subsequent legalization and translation into Ukrainian. Alternatively, your brother can independently request the document at the same consular office of Ukraine abroad, or at the Ukrainian Civil Registry Office by sending a request by mail. Which option is best to use depends on the urgency of the situation.
Such issues are regulated by the Rules for registration of acts of civil status in Ukraine.

I am a military serviceman on parole of Ukraine (this is the so-called former 9th department of the KGB). A few months ago I signed a contract for 5 years of service in this organization, the huge advantage of which was that the length of service was counted as 1.5 years for 1 calendar service. A good option, since after 13 calendar years of service you could retire 50% from your salary. With the entry into force of the pension reform, a year and a half was canceled, now like all military personnel there are 25 calendars. This situation does not suit me at all, I want to quit, but there is no way to quit of my own free will. Tell me how easy it is to quit? The management is naturally against it. I am married, my child is 3 years old.

The reasons may be: health status, service inconsistency, systematic failure to fulfill the terms of the contract by the command, divorce and maintenance of a minor child, illness of loved ones and the need to care for them, which interferes with service.

I was illegally fired from my job and filed a lawsuit for reinstatement. The trial dragged on for 5 years. After 4 years of trial, I was forced to get a higher-paying job at another company. After 5 years, the court, by its decision, reinstates me to my previous place of work. My work experience is restored and compensation is paid for forced absence. Not wanting to continue working at my previous place of work, I quit. I undergo a medical examination upon dismissal and they find that I have diseases related to my previous place of work. Because of this disease, I was fired from my last job with the wording dismissed due to work conditions. Can I file a claim for compensation for lost earnings due to loss of health against the organization where my health was lost? The difference in earnings is very significant.

You can, you just need to have strong evidence and take into account the statute of limitations.

Please tell me, two of my nephews (brother and sister) were left orphans. Can I get custody of just one of them? Or can't they be separated?

You can under certain circumstances.

I have a friend, he is now a citizen of another country, not the CIS. He has his own IT LLC there. Ukraine has its own call center - they offer over the phone something like a lottery to Russian-speaking Israeli citizens, now they will make calls to residents of Israel offering to connect to its computer programs. information Services. he needs to open a company officially in Ukraine, the girls need to be officially registered for work. He asks me to open a legal entity. person Self-employed private enterprise. According to the statute, I will also be the director (information, intermediary and other commercial services). — to legitimize this call center and its activities. We will formalize the workers, and he also pays taxes for everything. I do the accounting. But they are scared that I might be put in jail if he screws something up, or let alone that they will have to call. But I have the stamp. but he will have access to the account.

If you are worried, it will be better if your non-resident friend becomes the founder, and you are the director. This way you will sleep more peacefully!

What can I do if my former partner regularly takes printouts of my phones through his friend in the authorities? It is useless to change the number - then a printout of my mother’s phone is taken and my number is found out. Based on the printout, he then calls all numbers, sends mms with personal photos stolen from me, insults me and people. The last printout is in my hands. Where can you go and protect yourself from this?

Police and court. Only if you have direct evidence and, if necessary, you can provide it. Please note that the evidence must directly indicate that it is your former partner who is committing unlawful acts.

The son was arrested on August 11, in Russia, under Art. 309 part 1. He has been waiting for deportation to Ukraine for the 3rd month. Although he should have been released. What do you recommend to do to get him released there?

It is best to seek help from a lawyer in the Russian Federation. It is necessary to understand on what basis he is being detained if he should have already been released. If it is illegal, then the lawyer should contact the appropriate authorities. If legal, then take protective action.

My husband pays his first wife 25% of alimony from her salary, can he apply to the court for a reduction in alimony in connection with another family and a child, or should I also apply for alimony so that 33% will be divided between us?

Maybe your husband, maybe you, or maybe both. The main thing is that child support for the first child is not less than the limit established by law.

My brother has problems. He works as a postmaster. Circumstances were such that to repay the loans he had to take money from the cash register for several months. In total, he collected money in the amount of 18 thousand hryvnia. An audit was carried out, and, naturally, this deficiency was discovered. At work, he was given a deadline to pay off this shortfall until October 24. Of course, there is no money, and he can no longer take out loans. My brother had never committed any offenses before and was characterized positively everywhere. But we fear the worst... Please tell me, if the post office sues him, how will this case be considered in court and what punishment can he be given?

They may be sentenced to 7-12 years of imprisonment with confiscation of property and deprivation of the right to hold certain positions for up to 3 years.

I want to sell a car under a general power of attorney. In case of any troubles, will I be held responsible?

You can sell a car under a sales contract, but with a power of attorney you remain the owner and are also responsible.

Mom is the owner of the private sector and the houses on it, everything is privatized. He wants to leave me and my brother a house and a plot of land, as it should be done according to a will or deed of gift. Since there is a son of our deceased third brother, who can also claim a share. I don’t want to share, what is more legal? A will or a deed of gift?

A will, for its execution you do not need to pay tax in the amount of 1%, as with a gift under each agreement.

The husband was awarded alimony in the amount of 500 UAH by a court decision. Child support should have already been paid (the day the plaintiff went to court), but until today no payments have been made yet. This means there is a debt. Tell me what the size of the debt is today, 5 or 6 months, and whether it is possible to start repaying it in installments (for example, 100 UAH per month), or should it be repaid at 500 UAH per month. (as the court decided), or pay the entire amount? Can the plaintiff through the court demand full payment of the debt at the moment?

The term for payment of alimony is considered not from the moment the plaintiff applies to the court, but from the moment the decision is made or the date specified in the court decision. It would be correct to pay the entire amount of debt and continue to pay 500 UAH. monthly, the plaintiff may demand full payment.

My wife and I bought an apartment while married. The family consists of three people, the son is 9 years old. At the time of purchasing the apartment, my wife had only been working for 4 months. Loans and ownership are registered in my name. The apartment was purchased 5 years ago.
Question: In case of divorce, what share of the apartment can I claim?

It doesn’t matter whether the wife worked or not, everything is divided in half: a loan and an apartment.

I am writing to you with the following question: As a citizen of Ukraine, I received the right to an agricultural land plot (I received a share when distributed during the liquidation of a collective farm). Later I changed my citizenship and became a citizen of Russia. How not to lose your land. Can I transfer it to my mother (citizen of Ukraine) by donation or some other way? Is it possible to do this now? Or are there other options?

It is best to draw up a gift deed. The donation must be made within a year from the date of renunciation of Ukrainian citizenship.

My husband from his first marriage has an adult daughter who is studying at a university. The court ordered alimony of 25% from earnings, but not less than 30% of the subsistence minimum. My husband doesn't work. Based on the court decision, the state executive appointed 30% of the subsistence minimum, which we regularly paid for 2.5 years. But yesterday a new state executive called us and said that he had recalculated the amount of alimony for the entire 2.5 years based on the average monthly salary in the territory where we live. Did he do the right thing? So what should we do now?

You need to go to court to reduce the amount of alimony to 30 % of the subsistence level due to your husband’s unemployment (and this rate must be reflected in the court decision).

I want to change my last name to my grandfather's last name. I am interested in the list of documents required to submit an application and they must be submitted at the place of registration or place of residence. And can I do it at my place of residence (registered in the Kirovograd region, but I live with my grandparents in Kyiv).

See the answer below (extracted from the law):
The state registration of name change is carried out upon the application for a change of name of an individual, as established by law, under the state registration of acts of the civil state at the place of residence. A statement about a change of name (addendum 15) must be submitted in writing upon presentation of the citizen’s passport Ukraine. To change the name of a person who has reached the age of fourteen, a certificate of birth and birth from the place of residence must be submitted along with the confirmation application. A physical person who has reached the sixteenth century, and has not revoked the passport of a citizen of Ukraine, presents a certificate of birth and proof of residence, as of the day of reaching the designated age Less than one month has passed. Before applying for a name change, please submit: a) certificate about the applicant’s family history; b) a certificate about the connection (in case the applicant has been transferred); a certificate about the termination of the connection (in case the connection has been terminated); d) certificate of birth of children (if the applicant has minor or minor children); d) certificate of change of name of the applicant, father or mother, as it was previously changed; e) photograph of the applicant; e) a receipt for payment of the sovereign fee. At the hour of submitting the application for a change of name, the official with the sovereign registration of civil assets checks the information in it with the submitted documents of the applicant before, I wish you about the responsibility established by law for reporting false information and about the need to exchange your passport.”

That year, my father died, or rather, he committed suicide. After these tragic events, my father’s mother (grandmother) began to spread rumors about my mother, call her names in every possible way in public, and so on, and this has not stopped for 9 months. Tell me whether it is possible to sue her for personal insult and infliction of moral damage, what is required for this, or to give some kind of warning regarding her statements.

It is better to give a warning initially. If the spread of rumors does not stop, then you need to go to court. In this case, you will need to provide evidence.

My grandmother lived in France and died. I signed the inheritance document but did not formalize it. In 1999, my mother, my grandmother’s own daughter, died. The entire inheritance went to us. We are five sisters and brothers. One of our sisters stole all our passports and inheritance documents and left with her husband to live in France. Please help me with advice. Where should we go to renew our right to inheritance? My family lives in Ukraine and I am a resident of Spain.

What document did you sign? If your mother should have accepted the inheritance, not you. What documents did your sister take? If you did not formalize the acceptance of the inheritance after the death of your mother, and your sister did and left with these documents, then you missed the deadline for accepting the inheritance, which can only be renewed through the court.

The child has a different last and patronymic name. Can my ex-wife file for alimony?

Yes, if you are the biological father and have not been deprived of parental rights.

I ordered a window, signed a contract and the entrepreneur said within 10 working days they would deliver and install the window! 14 days have passed, calling them back, they have been saying for the 4th day that they will install it tomorrow, but no one comes! when calling them they start to be rude and turn off the phone, please tell me what to do! They took advance payment!

What terms are specified in the contract? If 10 days, then there is a failure to fulfill obligations under the contract. In this case, you can go to court.

We are buying an apartment in another city, we have already given the owners a deposit. They showed us the ownership documents and the owner’s passport. The owners are registered elsewhere. Later, we accidentally learned that in 2007 this residential building was under arrest, which is why the residents were not registered. How can we independently check that there are no liens on the property being sold before the transaction? Or who can I contact for this?

I hope the deposit was notarized. Well, firstly, if the house is under arrest, they will not sell you an apartment, because for this you will need to take an extract of ownership from the BTI, and this will be very difficult to do if there is an arrest. Without this extract, the notary will not formalize the contract. Contact your local BTI for information or order a comprehensive notary verification service.

My mother died, and she left behind an inheritance. I want to place the entire inheritance in the name of one person – myself. There is also a brother, father and sister, they all wrote refusals. I submitted an application to accept the inheritance before 6 months, but since the village council wrote 2 refusals with errors (father and brother), they did not accept them, told me to redo them, and did not specify when they needed to be brought. Accordingly, I came back after half a year (7 months) with corrected refusals. Of course, they told me that it was too late, since half a year had passed, so the inheritance would be divided and registered between three people - I am the father and the brother. Please tell me, is there another option (maybe through the court?) so that the inheritance can still be issued to one person. If through the court, what is needed for this? Or, in any case, will everything be arranged for three?

For three only if the brother and father wrote an application to accept the inheritance. Otherwise, they are considered to have missed the deadline for acceptance and only the one who accepted will inherit.

I live in an ordinary nine-story building. My neighbor bought an apartment right above mine and registered it as a private enterprise “Hotel Business Services” and rents out this apartment on a daily basis. This is not an apartment, but a nightmare. Constant love affairs of couples (and not only couples), loud and noisy festivities of young people. Young people don’t know how to walk normally; if it’s a holiday, you can hear music and screams all the time. Music plays until the early hours of the morning, people are drinking and partying. They have one excuse: we don’t live here, we paid money, or “Well, it’s a holiday.” To celebrate holidays there are cafes and restaurants, and hotels have maids and security guards who always control this process and do not allow such liberties. How can this issue be resolved? How legal is this business? Who can I turn to for help? And what measures need to be taken?

First, give a warning to the owner of such a business. If nothing changes after 23:00 at night, call the police. They will deal with the noise and with the business and its legality.

I need to inherit a house in Ukraine, and I am a citizen of the Russian Federation. Please tell me what tax rate in Ukraine will be applied in this case and to what estimated value, market or after the BTI assessment?

15% - 17%. To be paid before the certificate of inheritance is issued. BTI assessment/appraisers.

We want to open a joint venture together with Turkish representatives on the territory of Ukraine. I am interested in whether there are tax benefits for a joint Turkish-Ukrainian enterprise when importing products from Turkey to Ukraine, where the final product is manufactured, we are talking about tea ingredients.

If we compare it with a Ukrainian LLC, where 100% the founder is a resident, no.

I have a deed of gift for an apartment. Can I register an apartment for my minor child and be a guardian if I am not in a civil marriage?

You can donate an apartment or draw up a will.

The husband filed for divorce. We have a 10 year old son. The apartment was bought by a married couple and already had a child. We took out a loan for the purchase. 2000 marriage, 2001 son was born, purchase of an apartment 2003. 2003 left for another city and we no longer lived together. I made all payments for the apartment. During the divorce, he plans to give his share to his son. Is it possible to transfer your part of the apartment before the court hearing on divorce? How can this be done so that I can be sure that he will refuse promises and will not lay claim to our housing?

This will be even more correct. Let him draw up a donation agreement for his part, and since you are still married, your notarial consent will be needed to draw up such an agreement.

I sold two rooms in a communal apartment to my neighbors, and also signed an additional agreement with them. an agreement to an agreement that I will live in the sold rooms for another month, but the neighbor changed the locks and we cannot get into the apartment to take our things, what should I do? what can be done?

Your neighbors are now the owners, so try to negotiate. If it doesn’t work out, then you should go to court. To be more precise, you need to look at the contract.

Recently my husband borrowed $500 from a friend. for a period of 3 months. We invested in this period and repaid the debt. But this “friend” says that we didn’t give him anything and demands 500 USD from us again. He wrote a statement to the police against his husband, saying that he stole money from him. At the same time, no receipt was initially written to everyone about the request or the return of money. What to do in such a situation?

If there is no receipt, then the police would not even accept his statement. If your friend reported the theft, then he should have had some evidence, but based on your letter, he does not have it. Perhaps he is intimidating to get money. Do not react in any way, because other than threats from an acquaintance, there were no other actions from government agencies.

I am on maternity leave for work in a month, I want my position, but they offer me a position lower than what I held, citing the fact that before the maternity leave I worked only for six months. but in three years everything has changed and no one will teach me. Do they have the right to do this and what should I do in such a situation?

If they don’t, explain this to them, tell them that if they don’t hire you for the same position, they violate the Labor Code of Ukraine. In this case, you can complain to the labor inspectorate, and if that doesn’t help, go to court.

A single father with three young children, registered and living in his mother’s house, decided to buy a separate apartment. In this case, do I need permission from the guardianship council to leave the mother’s house and purchase an apartment?

Yes, to discharge minors you need permission from the guardianship council. In this case, it is better to first buy an apartment, then provide the board of guardians with significant evidence that the new apartment is better and more in line with the interests of the children, only in this case is it likely that you will receive such permission.

Tell me, what is the difference between guardianship and guardianship? What needs to be done for a disabled person of group 1 (adult, nervous disease) in order to withdraw his deposit in the bank and receive assistance from the state (there is a certificate from the commission about incapacity)?

Guardianship is established for adults who are incapacitated; guardianship is established for minors and is limited to those who are incompetent.

My brother renounced the will in writing at the notary, time passed, he began to demand a share and accuses me of fraud, help me, what could be the consequences and can he take over the rights.

No, only if he proves in court that he was fraudulently forced to sign the waiver, or that he was not aware of his actions at that moment. Then he can get his share.

Please tell me how much I have to pay the government to the court for the summons, for which my sum for the summons amounts to 4348.80 UAH.

From calls - 1 hundred thousand prices will be called, and no less than 3 non-compliant minimum incomes of citizens and no more than 100 non-compliant minimum incomes of citizens. I can say more accurately if I know the subject, I’ll call you.

I got a service apartment from the housing office, worked for 11 years, applied to re-issue a service order for privatization of the apartment, they refused. Are their actions legal, can I go to court?

On what grounds was it refused? And what were the conditions for providing an apartment only while performing official duties? Have you quit?

My wife and I are divorcing by mutual consent. I live in a two-room apartment, purchased during marriage, with a common 14-year-old daughter, whom I fully support. She agrees to live with me even after the divorce. The wife has been living with her parents for five months. My father lives in a similar two-room apartment. I am the only heir. I suggest that my wife draw up a 50/50 deed of gift for her father’s apartment, if she refuses the 50% apartment where I live with my daughter, and also pay her a decent amount of money. I don't require alimony from my wife. She is still categorically against it. Living together in the same apartment is not possible due to constant conflicts between wife and daughter. Please tell me how I can resolve the issue in my favor.
ps All of the above apartments are located in Kyiv, in areas and buildings with a similar price per square meter.

You cannot give something that does not yet belong to you. Unless your father directly donates half of the apartment to his wife, or draws up a will for her.

The daughter was married, from the marriage they had a child together (3 years old), after the marriage (the marriage was officially dissolved) the ex-husband filed a lawsuit claiming that the daughter and son had lost the right to use his apartment, and the daughter filed a counterclaim to move into this apartment , the court rejected the b/m's claim and moved them into this apartment. 3/4 of this apartment was given to the husband by his parents and brother after the wedding, and the daughter and child were registered there. the daughter and child do not live in this apartment, she sent a letter by mail asking to be discharged alone without the child, he does not agree! she sent the application to the passport office by mail!
now the question is... How can I make sure that if the owner files a lawsuit asking me to pay for utilities, I don’t pay for them? What's waiting for me anyway? and what is the best thing to do in this situation?

The owner pays for the services; he has such an obligation.

I bought an apartment in a cooperative building. A partition was built between mine and the adjacent apartment by the previous owners and neighbors on the landing. The neighbors use the resulting premises as residential premises with the right of personal ownership: storing things, vegetables, ventilating kitchen odors, walking the Rottweiler, etc. It’s impossible to agree to remove the partition: insults, threats. The chairman of the cooperative advises going to court. What documents are needed for this?

He gives the right advice. This is a public area. Any kind of evidence is needed.

I opened a bank account. And she concluded an agreement “For opening a card account and servicing a payment card”. But the contract does not specify the duration of the contract. When can the contract be considered completed? And if a dispute arose under the contract, where will the court session take place: at the place of registration of the bank or at the place of my registration (different cities)?

This means that the contract is concluded for an indefinite period and may be terminated on the grounds expressly provided for by the contract (if any). The hearing will take place at the place where the claim was filed.

I have this situation: I have a credit car, I gave a person a car so that he pays the loan, and after payment, I re-register the car for him and gave a power of attorney, after which he paid for 6-8 months, then stopped paying for 6 months, during which time the penalty increased 800 dollars, during the conversation he said that he had sold it to someone and he should call me. Please tell me what can be done.

Revoke the power of attorney and pay a penalty fee, since you remain the owner and a loan has been issued to you. Unless, of course, there is another document confirming the credit obligations of the person you specified.

A young man wants to file for divorce from his wife and wants to sue the child. At the moment, the person did not live at the registered address, the man rented an apartment with his family, although he is registered in his mother's apartment in Kiev with him at a temporary residence permit, his wife is also registered there. In marriage, the family took a car on credit, bedroom furniture was bought together ... at the moment, the husband does not work officially but has a good income ... and another question is for a 4.5-year-old child, does the child have the right to choose with whom to stay and whether the child’s desire to stay with is taken into account if the child does not have the right to choose? Please tell me urgently what to do to my husband in this situation in order to save the child?

If a young man, a man and a husband are one person in this context, then the chances are low, because, firstly, there is no official income, that is, stable funds for the maintenance of a child that could be confirmed, and secondly, as a rule, the court on the mother's side. Loans and property during a divorce are divided in half. At this age, the child cannot yet make a choice, so the court will decide with which of the parents the interests of the child will be better ensured, of course, a meeting schedule with the child will be appointed.

My aunt and uncle bequeathed me an apartment, but my aunt, under the influence, gave it to completely strangers, after the death of her uncle, she registered part of it for herself and entered into a “dovіchne matrimony” with these same people. During her lifetime, she hired a lawyer and wanted to challenge everything, but died unexpectedly. Can I count on my part.

Do you have a will in your hands? If so, on whose behalf it was issued and whether you accepted it within 6 months after the death of the testator. If yes, then you can.

My late husband was convicted and spent 8 years in a colony in the city of Alchevsk in the Tubzone. All this time he had a 2nd disability group. Now I am raising our daughter (4.5 years) by myself. Tell me if my child is entitled to a pension or some kind of allowance?

As a general rule, a pension for the loss of a breadwinner is provided, which is assigned based on the size of the pension based on the age of the deceased breadwinner.

After the death of my father, and after 6 months, my mother went to the state notary's office to register the inheritance of 1/3 of the apartment (apartment 48m2), and 1/4 of the house (house 68m2) they already took 1600 UAH from her for applications and now they say that you need to pay 1740 for certificates . And I think it's expensive. Please advise me how much this design should cost?

When going through the procedure for registering an inheritance, a fee is charged for the notarial execution of each document in the amount established by the current legislation, and in addition, for the issuance of a certificate of the right to inheritance (in this case, it does not play a role under the law or under a will), a separate fee is paid, amounting to two tax-free minimum income of citizens - 34 hryvnia. At the same time, there are certain benefits for certain categories of persons, which (benefits) must be agreed in advance with a notary. So, no fee is charged for issuing a certificate of the right to inheritance for a residential building, an apartment that belonged to the testator on the basis of private ownership, if the heir lived in them for six months from the date of the testator's death. In any case, the heir always has the right to ask the notary on the basis of what norms this or that fee is charged.

The will has been completed and is in my possession. The will was written from my aunt, 4 months have passed since her death. What should I do and where should I go with it?

It all depends on the nature of the will: either it is a joint will of the spouses, in which case you have full rights to the property, or a will on behalf of only the aunt, in which case it is important whether she revoked it during her lifetime. In any case, within 6 months from the date of death of the testator, you must contact a notary at the place of opening of the inheritance (the last place of residence of the testator), if desired, after consulting in detail with a lawyer or lawyer.

I bought an apartment in a cooperative house at a crowded auction. The contract does not say about the debts of this apartment. We found out when we bought it. And the chairman of this cooperative did not let us into the apartment for half a year, sealed it, changed the locks in the vestibule, with the help of the police, we entered. Then they wrote an application for joining the cooperative, she refused us. We asked to assemble the board of the cooperative and we are waiting for 1.5 years. During this time, she cut off gas, heating and threatens electricity and water. We offered her to solve the problem with the debt for the apartment to sue the previous owner in the place, our costs, she answered no, pay and live the amount is not small 11000. what should we do I have 2 children.

The situation is not simple, since, in principle, among the information about the object of public auctions, there is no item on utility debts of the previous owner. But at the same time, this fact is significant and could fundamentally affect the intention of buyers to purchase property. There are several options for further action: either challenge the validity of the public auction purchase agreement in court and seek its cancellation, or go to court regarding the actions of the chairman of the cooperative, or seek debt cancellation. By the way, the fact of having children (unless they have any benefits) does not affect the current situation from the point of view of state bodies.

My husband and two children are renting a room in an apartment, now the hostess wants to evict us through the court, but the owner (a personal account is opened for him) does not, and did not know anything about this situation. We did not conclude a contract and we do not have Kyiv registration ... What can we expect?

The main one is the fact that you do not have a rental agreement with the owner. In its absence, you are considered to be temporarily living in a private property with the permission of the owner and members of his family registered in the specified living space.

What documents are needed to marry a Jordanian in Kyiv? Is it possible to get these documents (certificate that he is single) in Kyiv through the embassy?

As a rule, the following documents are needed: a national passport with a translation into Ukrainian, a statement to the registry office about the intention to marry, a national certificate of non-marriage with a translation into Ukrainian (based on common practice, it can be obtained through the Embassy), they may require a national certificate of non-conviction. It is best to apply with a corresponding request either on your own or through a legal representative (which is undoubtedly better) at the registry office where the marriage is to be registered.

The military family lived in a service apartment, which was rented out in connection with the move to a new place of service, but an adult daughter who had been working in a military unit for 10 years remained living in it. She has been living in it alone for 4 years, she pays for it, there are no debts, she made repairs. Can she be evicted from the occupied area.

Drawing a conclusion based on the information provided in the request, if there are no documents linking the person living in the living space with the living space itself, then the likelihood of eviction is high. But at the same time, there is always the opportunity to apply for the protection of their rights to the court.

A child from a citizen of the Russian Federation, what documents are needed for a court order for alimony, how much % will be paid and whether it is possible to apply for the maintenance of a child under 3 years old.

The court needs standard documents for such cases: the statement of claim itself, documents regarding the child, if necessary, evidence regarding the defendant's income, from which the recovery will be made. % will be paid at the discretion of the court, but not more than the amount determined by law. The content of the child is alimony (+ some additional items of expenditure). For detailed information, you can always contact us by pre-registering for an oral or written consultation.

An accident occurred, the traffic police recorded a violation under article 16.13, but the victim has no rights and was intoxicated, what decision will the court make?

The judge will make a decision that he considers correct in this case based on the protocol of the accident. Obviously, if you violated the provisions of the traffic rules, and the second participant was without a license and in a properly recorded state of intoxication, the court decision will not be made in favor of both persons appearing in it.

How can I resign from the position of General Director of TOV if the founder does not dismiss. At the same time, all the statutory documents and the seal are with him. The address of the founder is unknown.

First of all, it is necessary to build on the provisions of the Charter of the TOV regarding the removal of the director from the post. If you have not concluded a contract with the founder, you are considered an employee under the terms of an employment contract and can quit on the basis of the general provisions of the Labor Code. As for the address of the founder, as an example, you can get this information from the same state registrar.

I am a citizen of Ukraine, I married a citizen of Taiwan in Taiwan, and now it is necessary to continue the procedure for registering a marriage in Ukraine. What documents must be submitted to the registry office and where they must be translated and legalized. It is clear that a document confirming marriage in Taiwan is required. Knowing our system, you will probably need some other documents. What is the period allowed for this procedure and is it necessary to do this at the place of residence, or is it possible in any city of Ukraine.

If the marriage has already been officially registered in the territory of another state, it is automatically recognized in Ukraine, but due to the existing issue of non-recognition of Taiwan or the Republic of China by Ukraine, there is a possibility of non-recognition of such a marriage. For a more detailed analysis of the current situation, it is advisable to contact the registry office (at the place of registration in Ukraine), or family law lawyers in an individual consultation.

Is it possible to evict, which is associated with foreclosure on an apartment purchased with a loan, if a child of 2 years old is registered in this apartment?

It is only possible by court order.

The father of my daughter, with whom we have been divorced for 1.5 years, takes his daughter for the weekend, she took it back more than once because he did not bring it. He took the last rose from his mother without permission, he said that he would not give up his daughter, “sue”, he said. I was lucky I took my daughter when she was with his mother. Now he again asks his daughter, if he writes a receipt that he takes his daughter and undertakes to bring it on such and such a day, will it mean something? Or what should I do, I'm afraid that he will not take his daughter again?

If, at the break of your marriage, the regime of raising and dating the child with each of the parents was documented, then you need to build on it. If there is no such document, you can go to court with relevant evidence of the situation when the father did not return the daughter to the agreed lines, with the requirement to establish the above regime.
As for the receipt, it is a document, and in case of repeated non-return it will be possible to apply to the appropriate authorities as evidence.
On the other hand, if you do not allow the father to see the child, he can apply for the protection of his rights, and then you will need to prove your case. Therefore, an amicable settlement of the situation by you and your ex-husband may be the best way out.
As an option - to draw up an agreement on the procedure for the maintenance and upbringing of the child.

Tell me, please, when buying and selling, from what value are taxes calculated, from the cost of the BTI or an independent expert?

From the value of real estate specified in the sale and purchase agreement, which can be determined by the BTI (in the relevant extract from the register), or by agreement of the parties (the so-called market value, which cannot be lower than the determined BTI).

In the family, the husband secretly saved money in an unknown bank; how can you find a bank in which an account is opened if the husband is not alive.

There are a lot of banks in Ukraine, and there are much more of their branches. If you do not know at least the name of the bank (I'm not talking about the account number, which is acceptable not to know), then it can take a lot of time and money to search for the one you need. As an option, talk to family or close friends to whom the husband could tell information that interests you.
The search for an inheritance, including bank deposits, can be handled by specialists / lawyers / lawyers in family law.

There was an industrial injury, the phalanx of the middle finger of the left hand was amputated. What documents do I need to issue, where should I go with them?

You need to contact the Social Insurance Fund against industrial accidents and occupational diseases with the following documents: your written explanation of what happened, a certificate from a medical institution on first aid, a copy of the order to create an accident investigation commission at the enterprise (signed by the head or authorized by him person), an act of investigation of an accident in the form of H-5, an act on an accident related to production in the form of H-1, a report on the consequences of an accident in the form of H-2 (issued by the employer at the end of temporary disability), an MSEC conclusion, a copy work book, a certificate of average salary, a copy of the sick leave with the company's seal, a copy of your identification number. Most of these documents must be provided to you at the enterprise. According to the legislation, the Fund has the right to require additional documents at its discretion. The Fund has 10 days after the submission of all required documents for the assignment of insurance payments. It is important to know that the company is obliged to pay for 5 days of temporary disability, and the Fund must pay for everything else. Sometimes the employer pays not only 5 days, and then collects everything paid over from the Fund.

I want to sell an apartment and go to Georgia for permanent residence. But there is a problem with the board of trustees, since the child participated in privatization. I was told that I have to provide him with housing and I need a deposit to buy housing. The buyers turned to a private notary to draw up a receipt that I received a deposit from them, but we were refused, they said that we needed to arrange a purchase and sale in installments. Tell us how to be in this situation!

For the alienation of real estate, the owner of which is a minor, is possible only with the simultaneous provision of the child with equivalent property. At the same time, it is possible to get a “green light” from the guardianship and guardianship authority only if the child’s living conditions improve or do not worsen due to providing him with new property. In your case, the receipt is not notarized, and most likely the notary will not draw up a sale and purchase agreement with a deferred payment without the permission of the guardianship and guardianship authority.

My mother is accused of setting fire to the house, the police themselves said that my mother is being charged under Article 115. How difficult is this situation and how can it be mitigated?

If they are charged under Article 115, then in the presence of corpus delicti, the situation is really difficult. When considering the case, the relevant court may take into account the extenuating circumstances referred to in Art. 66 of the Criminal Code of Ukraine.

My rights were taken away from me 1 year and 7 months ago, the reason (management is not in a sober state) how the rights were taken away a month later a subpoena came. But the court order was not given to me. I had to leave, so I arrived and wanted to know how to take my rights away, what should I do? help advice please.

In your case, you need to know when the court order was, since the deduction of the period of deprivation of rights begins from this date. To do this, go directly to the court. After the expiration of the period of deprivation, you need to apply for the rights to the traffic police either at the place of their withdrawal (if the rights are needed urgently), or in writing to demand that the rights be sent to the traffic police at the place of registration (with reference to the date and place of the trial). In both cases, they can test knowledge of traffic rules before returning a driver's license.

How to properly draw up an objection to the statement of claim “about the contraction of the loan agreement” in which bank to ask the court to collect from me the amount of the contraction for the loan, the amount of interest, the amount of the penalty for broken lines, including the way of the payment for the loan). At the moment I am on maternity leave, due to the rise in the dollar, we are not able to pay the full scheduled payment, but we pay every month without missing only part of the amount. We do not refuse to pay and we cannot sell the apartment because we have nowhere else to live. Help to understand the current situation.

The easiest way (and this practice exists) is to negotiate with the bank. For a more informative answer, you should at least read the documents. In any case, when drawing up an objection, you must indicate all the circumstances that you have developed that do not allow you to fulfill your obligations under the loan agreement.

With my family (two children aged 7 and 8, my husband and me), my father (an alcoholic) lives without a residence permit and with a court decision on his eviction. He has nowhere to go, he has no desire either. Is it possible to register it in some state structure for permanent residence or treatment. What authorities will I need to contact or is it better to decide with the help of a lawyer?

You can contact the police with a statement about illegal residence in a foreign territory. You can also issue compulsory treatment by the court, which will be temporary. Depending on age and condition, it can be placed in a nursing home, where you will most likely need to pay for your stay.

How to get an inheritance in France, without a will, heirs 8 people nephews. Do you need to go there? Who can sell real estate there? What tax to pay in Ukraine?

Inheritance in France takes place according to French law. You can not go there, authorizing a local representative, who can, among other things, sell real estate. In Ukraine, the tax rate depends on the type of tax you are going to pay.

I divorced my husband. We have a 10 year old child. He does not officially work, but I know for sure that he receives 4000-5000 UAH. I filed for child support and was awarded 30% of the living wage. He pays 300 hryvnia. Is it possible for me to reapply for child support and request it in a fixed amount of money? And what is needed for this?

30 % from the subsistence minimum is a fixed amount, since the link is not to the salary of the ex-husband, but to the officially established and periodically reviewed by the state subsistence minimum. In any case, you can apply to the court again. One thing is needed: evidence to substantiate your innocence.

My uncle, 6th birthday, a disabled person of another group (underdevelopment). Live in the countryside and my mother looks after him. He has a guardian (їхній 6rats spіlny). The hut lie down for children. The motherland was well prepared, that my hut 6ul after my death. If you don’t lie about me with documents, then to whom will the hut pass, if you die? And how to grow, what is my hut? (Already, my mother went to a lawyer and there I was pleased to draw up a gift, and another option to write a letter of request. And for me, for the sake of increasing the purchase and sales, so as not to pay taxes and that one, please.

As if the uncle died, the hut, for the sake of the order, was transferred to the yogo squad, children and fathers (the first black of the fall) or sisters and brothers (the friend of the black of the fall). Prote here is rich in nuances. Must be indicated in the animal options are possible. When buying and selling, tributes are paid off at any time, moreover, the stench is greater, lower, for example, when granted.

My mother, a citizen of Ukraine, died. According to the will, the house and land should go to 3 heirs: 2 sons (I am 1 of them) and her grandson. I am a citizen of Russia. Do I have a right to land, a house? Is it true that if I take ownership, then I will be obliged, being a citizen of another state, to pay high taxes?

You, as a foreigner, have the right to inherit real estate in the form of a house without restrictions. With regard to land, you have the right to unconditionally inherit non-agricultural land within settlements, and outside settlements - only non-agricultural land on which buildings are located that are also part of the inheritance. With regard to agricultural land, there is a reservation: you have the right to inherit them, but within one year from the moment of inheritance you are obliged to alienate them. Taxes for non-residents depend on the nature of the actions they perform with property in Ukraine. As a rule, a double rate of taxation applies to foreigners (for example, in the case of inheritance - 30 percent).

I inherited 1/2 of the apartment from my mother, and 1/2 to my sister. Now I want to sell my share, but I can't get in touch with my sister. Can I sell my part without her consent?

In this situation, the apartment belongs to you and your sister on the right of joint partial ownership, which means that your sister has the right to purchase priority of 1/2 of the apartment that belongs to you. In this regard, you are obliged to notify your sister about the decision to sell 1/2 of the apartment, about the price and conditions of sale. If your sister refuses to buy, then you have the right to sell to another person. If you are unable to contact your sister, then you should send her by mail (with acknowledgment of receipt or against receipt) a notarized application with a notice of sale. In this case, if your sister within a month from the date of delivery of the application to her does not take action to buy an apartment, then you have every right to sell 1/2 of the apartment that you own to another person.

After the divorce, my wife persuades me, very strongly, to leave her an apartment for a certain amount of money. The apartment was left to me by my parents, and in 1994 I entered myself and my wife into privatization. She says that if I do not agree to take the money and leave her an apartment, she will be able to kick me out of my own apartment through the court. I tell her that if you have money, buy yourself another apartment, and I’ll add it to you now and give you money later, but she doesn’t want to hear anything - she needs my apartment. Can you please tell me if she can expel me from my own apartment through the court?

Based on the above, most likely the wife will be able to claim only 1/2 part.

I am 23 years old, can my stepfather adopt me? (my own father died).

An adult person may be adopted by a court decision in exceptional cases:
a) if it does not have a mother, father, or was deprived of their care,
b) taking into account the marital status of the adopter, in particular the absence of his own children, and other circumstances of significant importance,
c) the age difference between the adopter and the adopted child cannot be less than eighteen years.