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Legal services in Kiev

Yevsiutin & Partners Law Firm is a Ukrainian company that protects the interests of clients in courts of all instances, commercial arbitration, and also provides a full range of legal services in the field of civil, commercial and commercial law.

Our professional team consists of experienced lawyers, lawyers, and arbitration managers who are ready to provide you with quality legal services in the areas of civil, commercial, criminal law and commercial arbitration.

Taking into account the tendencies of the development of the business market in Kyiv and in general in Ukraine, as well as the emergence in the market of foreign investors, these trends require the knowledge of law firms from both the national judicial practice and the practice of the CIS countries, Europe, Asia and the United States.

The law firm is dynamically developing and mainly focuses on judicial practice in the field of migration.

Our legal services include comprehensive customer support. We start work on legal advice, develop a strategy of protection, collect the necessary evidence, analyze court practice, prepare the necessary procedural documents, and ultimately provide our clients with comprehensive legal protection, both in national courts and in international instances.

Yevsiutin & Partners Law Firm provides legal services to both individuals and legal entities, residents and non-residents of Ukraine. The experience and professionalism of our team will allow you to provide legal services at any stage of your question, taking into account the interests of the client, and taking into account the tasks set before us.

Due to an individual approach to each client, we always provide legal services in Ukraine at a fairly high professional level. Thanks to the developed partner network of the company, support of business relations with different legal companies as Ukraine both near and far abroad, our company can solve even the most complicated questions both in Ukraine and abroad.

We do not have difficult tasks for us; we always increase our level of knowledge and practical experience of our specialists. Through our efforts to continuously improve and work on ourselves, we have gained recognition among our clients and in the market of legal services.

Our philosophy is simple. Every person should be able to seek help from a lawyer. The services of a lawyer must be accessible to all layers of society. They should always be provided at a high level, both moral and professional. The company does not take cases that go beyond the scope of professional ethics, and also contravene the moral principles of society. The client should be satisfied with the quality of the services performed, and he should have a desire to contact us again.

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Grounds for prohibiting entry to Ukraine

Grounds for prohibition

Entry to Ukraine foreigner is not allowed:

  • in the interests of ensuring national security of Ukraine or the protection of public order;
  • if this is necessary to protect health, protect the rights and legitimate interests of citizens of Ukraine and other persons residing in Ukraine;
  • if at the request for entry into Ukraine such person has submitted false information or forged documents about himself;
  • if his passport document, the visa is forged, spoiled or does not meet the established pattern or belong to another person;
  • if he violated the rules of crossing the state border of Ukraine, customs rules, sanitary norms or rules at the checkpoint across the state border of Ukraine, or did not comply with the lawful requirements of officials and officials of state border guard agencies, revenue bodies and other bodies exercising control at the state border ; {the norm is introduced in accordance with the Law No. 406-VII of 04.07.2013}
  • if during the previous stay in Ukraine the foreigner failed to comply with the decision of the court or public authorities authorized to impose administrative penalties or has other property obligations not fulfilled to the state, natural or legal persons, including those related to the previous expulsion, including upon the expiry of the term prohibition of further entry into Ukraine;
  • if it violated the procedure established by the legislation of Ukraine, entered the temporarily occupied territory of Ukraine or in the area of ​​carrying out an anti-terrorist operation or left them or attempted to enter these territories outside control points of entry and exit {the norm was introduced in accordance with Law No. 1207-VII of 15.04. 2014; in the wording of Law No. 2293-VIII of February 27, 2018}

Data entry into a single database

If there are grounds specified in paragraphs two, seven and eight of part one of this article, information about the foreigner is entered into the database of persons who, according to the legislation of Ukraine, are not permitted to enter Ukraine or temporarily restricted the right to leave Ukraine. {the norm is introduced in accordance with the Law No. 1207-VII of 15.04.2014}

WHO TAKES THE DECISION ON THE PROHIBITION OF THE ENTRY AND ON WHAT PERIOD?

The decision to ban entry to Ukraine for a period of three years is adopted:

  • the central organization of executive power that ensures the implementation of state policy in the field of migration (State Migration Service of Ukraine)
  • Security Service of Ukraine,
  • organization of state border protection (Border Guard Service of Ukraine).

In case of non-fulfillment of the decision on prohibition of entry to Ukraine, foreigners and stateless persons are prohibited from entering Ukraine for ten years, adding parts of the ban on entry to Ukraine, has not expired by the time of the re-decision to ban the congress in Ukraine. {the norm is introduced in accordance with the Law No. 2293-VIII of February 27, 2013}

HOW TO APPEAL THE DECISION ON THE PROHIBITION?

If an entry ban is applied to you, then this decision can be appealed in administrative or judicial order.

The time for appealing is short, so do not delay with this process.

To appeal and cancel the ban, call:

+380504776383

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Temporary residence permit in Ukraine from a volunteer organization

In accordance with the Order of the Ministry of Internal Affairs of Ukraine dated July 15, 2013 No. 681 “On Approval of the Temporary Procedure for Processing Applications for the Registration of Residence Permits and Temporary Residence Permits”, foreigners and stateless persons have the right to obtain a temporary residence permit in Ukraine from a volunteer organization.

Firstly, a volunteer organization should be included in the list of organizations and institutions involved in the activities of foreigners and stateless persons to conduct volunteer activities in Ukraine. Secondly, the institution must make an invitation to a foreigner on its official letterhead, indicating in which project the work of the future volunteer will be used in accordance with the law of Ukraine “On volunteering activities”.

It is imperative to take into account these conditions, as there are not isolated cases when foreigners who do not have grounds for legal stay in Ukraine become prey to fraudsters.

Our company specializes in migration law and provides foreign qualified legal services for employment in volunteer organizations of Ukraine. Together with us you will be able to receive all necessary documents in a short time and be sure that you will not be deceived.

After receiving an invitation to a foreigner in Ukraine, he must apply to the Ukrainian Embassy in the territory of his country to receive a “D” visa for a period of 90 days. This requirement does not apply to the citizens of the following countries: the Russian Federation, the Republic of Moldova, the Republic of Belarus, the Republic of Georgia, the Republic of Azerbaijan, the Republic of Armenia, as the relevant international agreements were concluded between Ukraine and the above-mentioned states on the establishment of a visa-free regime between the countries.

After receiving a “D” visa, he needs to apply to the State Migration Service of Ukraine within fifteen days before the expiration of the visa, and submit the following list of documents:

• Statement;
• The original of the passport with a visa type “D”, which, upon presentation, is returned, and only copies to be translated into the Ukrainian language are accepted. The translation is certified by a notary;
• A petition of the host party (volunteer organization) indicating the project in which the foreigner will take part, indicating the term of the project, expressing the feasibility of involving a foreigner.
• Originals of the constituent documents of the volunteer organization, after submission, returns, and only copies are accepted;
• Medical insurance policy for a foreigner;
• Original receipt of payment of state duty;
• Four photos of a foreigner 3,5 х 4,5 centimeters;
• A copy of the registration number of the payer’s tax card issued by the bodies of the State Fiscal Service of Ukraine.

This list of documents is necessary for the identification of a foreigner, and the conviction by the authorities of the State Migration Service of Ukraine that a foreigner is in Ukraine on legal grounds and did not violate the procedure for crossing the border, as well as the conviction by the employees of the State Migration Service of Ukraine that his purpose of staying in Ukraine, it is volunteering.

On the basis of documents received from a foreigner, the State Migration Service of Ukraine grants a foreigner a temporary residence permit for one year for a ten-day term. After obtaining a permit, the foreigner must apply for the administrative services for registration of his place of residence within 10 days. After the expiration of the validity of the permit, the foreigner has the right to submit documents for the extension of the period of the permit for temporary residence in Ukraine. In this case, the foreigner must apply to the State Migration Service of Ukraine with a complete list of documents 15 days before the expiration of the validity period of the permit.

It should be borne in mind that a foreigner must obligatorily make a replacement for a temporary residence when he is 25 and 45 years old. In this case, the bodies of the State Migration Service of Ukraine annul the preliminary certificate, seize it and provide a new one, as the corresponding entry in its foreign passport is made.

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Invitation to a foreigner to Ukraine

For foreign citizens wishing to come to Ukraine, you must apply for a visa to enter the territory of our state. Entrance for citizens from different countries is regulated differently. Entry for citizens of the European Union, the CIS and some other countries, is carried out without visas. In this case, the period of stay is limited to 90 days, within 180 days. Citizens of all other countries enter Ukraine on the basis of visas issued in the respective consulates.

According to the rules, registration of visas for entry into Ukraine, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 118 dated 01.03.2017. Foreigners are issued a visa for entry on the basis of an invitation from citizens of Ukraine or companies registered in its territory.

Let’s consider in more detail what constitutes – the invitation of a foreigner to Ukraine? In fact, this application or a standard document that gives a foreign citizen the right to obtain a guest visa for entry into Ukraine.

An invitation to a foreigner to Ukraine is:

1. Tourist – which is issued by a travel agency by issuing a foreigner voucher and gives him the right to stay in our country for up to 60 days;

2. Guesthouse – which is made on the basis of a notarial declaration of a citizen of Ukraine and gives him the right to stay in our state for up to 90 days;

3. Business – which is made out of the Ukrainian company on its company form for the purpose of doing business and entrepreneurship and gives the right to stay in our state for a foreigner for up to 90 days.

Depending on the purpose of the visit and the term on which the foreign citizen plans to come to our country, it is necessary to choose a certain type of invitation.

In addition, it should be noted that the execution of documents under all rules does not guarantee the receipt of a visa. This situation arises because the decision is made by the Ambassador of Ukraine on the territory of a foreign state and the following factors influence the positive decision:

– Education;
– purpose of the visit;
– Sufficiency of funds for staying;
– Absence of offenses in the territory of their state;
– The presence of relatives, family members.

The law firm “Yevsiutin & Partners” will help you to arrange an invitation from a foreigner to Ukraine, as well as provide additional legal services in the field of migration law, which will increase the possibility of obtaining a visa for entry into Ukraine by an alien.

Similarly, it should be noted that there is a list of countries whose citizens, when applying for a visa to enter Ukraine, are sent to the Consulate initially sends a request to the Security Service for processing data. And only in case of approval by the security service, the consulate issues a visa. This mechanism is intended to avoid the flow of immigrants from Third World countries (Pakistan, Irak, Ghana, Cambodia, Dominican Republic, Mongolia). An invitation to a foreigner to Ukraine is not a complicated procedure, but you need to take into account all the nuances and prepare the documents properly.

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Receipt of a temporary residence permit on the basis of study in Ukraine by a foreigner

During the independence of Ukraine, one can see the tendency that many foreigners come to Ukraine in order to obtain higher education here. First of all it concerns professions in such fields as medicine, technical specialties, programming and IT technologies. Mostly it is foreigners from countries: India, China, Africa and CIS countries.

First of all, students (foreigners) need to come to Ukraine for a “D” type visa, submit the necessary documents to the educational institution for admission, and in the course of successful examinations and enrollment, refer the following documents to the territorial office of the State Migration Service of Ukraine:

– Statement;
– Passport of an alien with a visa type “D” (if available, for example, if a foreigner from the CIS countries). The original of the passport is returned after the inspection, and only the copies of the pages of the passport of the foreigner with the translation into the Ukrainian language are submitted. The translation is certified by a notary;
– Order of the educational establishment about availability of places for foreign students;
– Order of the educational establishment about enrollment in the training of a foreigner;
– A request from an educational institution which states an obligation to notify the State Migration Service of Ukraine about deductions from such an institution;
– Medical insurance policy;
– A receipt for payment of the state duty in the amount of 34.00 UAH, administrative service in the amount of 156.46 UAH, the cost of the form in the amount of 57.00 UAH;
– Four photographs of an alien in size 3,5 * 4,5 centimeters in matte paper (photographs in headdresses that do not hide the oval face of a person, citizens whose religious beliefs are not allowed to appear to third parties without headgear, may be allowed provided , if in their passport documents they are depicted in headgear);
– A copy of the certificate issued by the tax authority on the assignment of the registration number of the taxpayer (if available).

The above listed documents are filed by a foreigner personally, in case of illness or circumstances of force majeure, documents may be filed by a representative on the instructions. Upon receipt of documents by the territorial authorities, the State Migration Service shall, within fourteen days, decide to grant a foreigner a temporary residence permit in Ukraine. On the basis of the decision, the foreigner receives a certificate for a temporary residence in Ukraine. This document confirms the fact of legal residence of a foreigner in Ukraine for one year.

After obtaining a temporary residence permit in Ukraine, the foreigner must apply to the Center for the provision of administrative services for the registration of his residence within ten days, after which the address of the alien’s residence will be reflected in the certificate. In most cases, educational institutions provide foreign students with their dormitories to register their place of residence. Also, a foreigner can buy a residence in Kiev.

To extend the period of temporary residence permit in Ukraine, the foreigner must apply to the territorial office of the State Migration Service within fifteen days before the expiration of the validity of the permit.

In case of a foreigner from a higher educational institution, the latter must inform the State Migration Service of Ukraine. Bodies of the State Migration Service of Ukraine withdraw the certificate for a temporary residence in Ukraine, make corresponding documents on its removal and notify the State Border Guard Service of Ukraine. After that, the foreigner must leave the territory of Ukraine within a month’s time.

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Obtaining citizenship of Ukraine based on the stay of an alien in marriage with a citizen of Ukraine

Being married to a citizen of Ukraine for more than 2 years, a foreigner has the right or to obtain a permanent residence permit in Ukraine while retaining the citizenship of his country and enjoying the advantages of the citizenship of a non-resident country or submitting documents for obtaining the citizenship of Ukraine. When obtaining a permanent residence card in Ukraine, the foreigner actually enjoys all rights of a citizen of Ukraine, except for certain restrictions on the occupation of certain public positions. In the case of obtaining the citizenship of Ukraine, a foreigner has the right to obtain a biometric passport and to freely cross the border with the countries of the European Union.

If the foreigner still decides to obtain the citizenship of Ukraine, he must submit the following documents to the territorial office of the State Migration Service (in his place of residence):

– Application for admission to the citizenship of Ukraine (in duplicate);
– Three photos (35 * 45 mm in size);
– Declaration on the lack of foreign citizenship;
– Copy of the document on the permit for immigration to Ukraine;
– A document on the existence of legitimate sources of existence during the last six months at the time of filing an application for admission to the citizenship of Ukraine;
– A copy of the document confirming the presence of the spouse (wife) of the person in the citizenship of Ukraine;
– A document confirming the stay of the person in marriage with a citizen of Ukraine for a term more than two years.

The above listed documents are submitted by a foreigner personally. Submission of documents through a representative is not allowed. Consideration of documents submitted by a foreigner by the bodies of the State Migration Service of Ukraine does not exceed one year.

After that, the State Migration Service of Ukraine sends documents submitted by a foreigner to the Security Service of Ukraine, the General Prosecutor’s Office of Ukraine and the National Police of Ukraine. Each body must give consent to a foreigner to obtain the citizenship of Ukraine and to confirm the fact that there are no criminal convictions in Ukraine in Ukraine, fines, administrative offenses and criminal cases open to him in relation to him.

After receiving positive decisions from the Security Service of Ukraine, the Office of the Prosecutor General of Ukraine and the National Police of Ukraine, the State Migration Service of Ukraine sends documents to the Commission under the President of Ukraine on issues of citizenship, which considers the documents submitted and, in the absence of deficiencies, makes a decision on making proposals to the President of Ukraine regarding satisfaction of the alien’s application for admission to the citizenship of Ukraine.

In case of a positive decision, the President of Ukraine shall issue a Decree on the assignment of a foreigner to Ukrainian citizenship and documents shall be sent together with an order to the State Migration Service of Ukraine and the Ministry of Foreign Affairs of Ukraine. The State Migration Service of Ukraine, on the basis of an order of the President of Ukraine, provides a foreigner with a certificate on the registration of a person as a citizen of Ukraine. On the basis of this certificate, the foreigner has the right in the territorial bodies of the State Migration Service of Ukraine to obtain a passport of a citizen of Ukraine at his / her place of residence. And then, if necessary, it will be possible to get a biometric passport to travel through the territory of the European Union without visas.

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June 20 – World Refugee Day

World Refugee Day is celebrated annually on 20 June

World Refugee Day is celebrated annually on 20 June. In English: World Refugee Day, in Spanish: Día Mundial de los Refugiados, in Chinese: 世界 难民 日, French: la Journée mondiale des réfugiés ;). It was established in accordance with the decision of the General Assembly of the United Nations of December 4, 2000 at the 55th session and is celebrated since 2001.

African Refugee Day

On the same day, the African Refugee Day is celebrated. As stated in the resolution, the decision was made in agreement with the Organization of African Unity – OAU (since 2002 the African Union), since earlier on this day, since 1969, the International Day of African Refugees was celebrated.

The Status of Refugees

The rights of refugees are defined in the Convention relating to the Status of Refugees, adopted on 28 July 1951 by the Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, convened in accordance with the General Assembly resolution of 14 December 1950.

Reasons for Refugees

Wars, natural disasters, human rights violations are the main reasons why people are forced to abandon their homes and seek a better life elsewhere. In the XX century, the number of refugees was growing rapidly.

United Nations High Commissioner for Refugees

Trying to help more than a million refugees after World War II, in 1951, the Office of the United Nations High Commissioner for Refugees (UNHCR) was established.

It was planned that the Office would last for three years, based on the premise that soon the refugees were adapting to the societies that had granted them asylum. However, this did not happen.

Quantitative refugee indices from 1975

In 1975 there were about 2.4 million refugees in the world, in 10 years – 10.5 million. In 1995, the number of people who received protection and assistance from UNHCR increased to 27.4 million.

To date, the number of such people has reached record levels in the history of UN observation – by the end of 2017 UNHCR registered 71.4 million refugees and internally displaced persons. This means that in the world every minute 24 people leave their native places because of war, persecution or out of fear for their lives.

From which countries are they running

Leaders in terms of settlers were Afghanistan, Somalia, Central African Republic, Democratic Republic of the Congo, Iraq, Myanmar, South Sudan and Syria.

In 2016, more than a million refugees from Africa and the Middle East, who reached Europe via the Mediterranean, were in the spotlight of the media. However, most refugees initially move towards neighboring countries. Turkey has accepted the largest number of refugees, followed by Pakistan, Lebanon and Iran. 86 per cent of refugees seek protection in southern countries, mainly in developing countries. For example, in Africa, countries such as Ethiopia, Kenya, Uganda, the Democratic Republic of the Congo and Chad have taken millions of refugees from neighboring regions. About 110 thousand people from El Salvador, Guatemala and Honduras, fleeing from the growing violent crime, fled to neighboring Mexico and the United States.

Ukraine is reluctant to accept refugees.

At the same time, according to the migration agencies of the EU countries, the chances of asylum in Germany, Italy, Poland and other EU countries are relatively small. Ukrainians from the East of the country have an alternative inside Ukraine. At the same time, Ukraine is in a position to provide an opportunity for settlers to settle in any region. Heated by the Ukrainian media, the excitement around the conflict in the Donbas does not affect Western officials in helping displaced people from Lugansk and Donetsk as refugees.

During 2014-2017, 4,033 foreigners applied for protection in Ukraine, of which 1,640 persons were denied such protection. It was recognized by persons who need additional protection – 463 people. Refugees only 197 people, of whom in 2017 – 21 people.

Asylum in Ukraine was most often sought by citizens from Afghanistan – 1166 people, Syria – 534 people, Russia – 384 people and Iraq – 197 people.

To get the status you need to have evidence

The criterion for acquiring protection in Ukraine is the existence of well-founded fears in case of returning to the country of citizenship, namely: to become a victim of persecution on one or several grounds (race, religion, nationality, citizenship, membership of a particular social group or political opinion); or to receive serious damage associated with the conditions specified in the European Convention for the Protection of Human Rights and Fundamental Freedoms.

It is better not to ask for refugee, but to immigrate legally

It must also be understood that if you are refused refugee status, your stay in the country will be illegal.

Therefore, we advise anyone wishing to immigrate on a legal basis to obtain a residence permit through employment, training, through official marriage with a citizen of the country of resettlement, through participation in the activities of voluntary volunteer organizations, through investments, the creation of their business.

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Obtaining citizenship of Ukraine

Issues concerning the acquisition of the citizenship of Ukraine are regulated by the Constitution of Ukraine, the Law of Ukraine “On Citizenship of Ukraine”, the Decree of the President of Ukraine dated March 27, 2001, No. 215 “Issues of the implementation of the Law of Ukraine” On Citizenship of Ukraine “, as amended by Decree of the President of Ukraine No. 588 of 27.06. 2006, according to which approved the procedure for submission of documents and execution of previously approved decisions.

According to Art. 6 of the Law of Ukraine “On Citizenship of Ukraine” for obtaining citizenship of Ukraine are the following grounds:

• by birth;
• by territorial origin;
• as a result of becoming a citizen;
• as a result of the restoration of citizenship;
• as a result of adoption;
• as a result of the installation of child care or care, the placement of a child in a family-type or family-type orphanage, as well as the transfer of a child to a family of patron educator;
• due to the establishment of a person who is recognized as incapacitated by the court, a guardianship;
• in connection with the residence of one or two parents of a child in the citizenship of Ukraine;
• as a result of the recognition of paternity or maternity or the establishment of the fact of paternity or maternity.

For the citizenship of Ukraine, in addition to the grounds listed in Art. 6 of the Law of Ukraine “On Citizenship of Ukraine” a foreign citizen also requires the following conditions:

• to recognize and adhere to the Constitution and Laws of Ukraine;
• To obtain the citizenship of Ukraine, you must first obtain a permit for immigration to Ukraine;
• a foreign citizen must renounce his citizenship, thus submitting a declaration of absence of foreign citizenship;
• residence in the territory of Ukraine must be at least 5 years old (in this case there is an exception if the foreign citizen is married to a citizen of Ukraine not less than 2 years old);
• availability of knowledge of the state language;
• A very important condition is the existence of a source of permanent income / earnings, which does not contradict the legislation of Ukraine.

It should also be remembered that obtaining citizenship of Ukraine for foreign persons is not possible in the following cases:

• committing a crime against humanity or genocide;
• the person is convicted of committing a crime against imprisonment;
• a person has committed a serious or particularly serious crime in other countries.

To date, Ukraine has two options for obtaining citizenship of Ukraine, either through a general procedure or by way of an expedited procedure.

The general procedure for obtaining the citizenship of Ukraine
Under the general procedure for obtaining the citizenship of Ukraine takes place up to 1 year. Possible acceleration, but only in certain situations. For example: the reason for the accelerated acquisition of Ukrainian citizenship is the existence of a Ukrainian residence permit.

An accelerated procedure for obtaining the citizenship of Ukraine
The accelerated procedure for obtaining the citizenship of Ukraine takes up to 1 month. The reason for such a procedure is the presence of direct relatives (siblings, grandparents, grandchildren, etc.) of Ukrainian citizens or the applicant was previously a citizen of Ukraine.

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A raid was conducted to identify violators of migration legislation

In the Zaporizhzhya region, a raid was conducted to identify violators of migration legislation

On June 15, employees of the Office of the State Migration Service in the Zaporizhzhya Oblast, together with the employees of the Department of the Prevention of Illegal Migration, and the Department of Prevention of Illegal Migration Department, together with the operational personnel of the ARO of the ACHRU, the mobile bail of the Berdyansk border detachment, with the involvement of the special purpose police battalion conducted an out-of-bounds check on the detection of foreign citizens, who are in the territory of our state in violation of the law.

The inspection lasted in the Kamensky-Dneprovsky District of the region on a large trading platform near the village of Vodyane, where the wholesale and retail market is located and there are a large number of foreigners involved in the purchase of vegetables and fruits. The total legality of the stay in the country was checked by more than 300 people, one hundred foreigners.

As a result of the work, 2 illegal migrants – citizens of Armenia and Azerbaijan – were identified. The latter was in Ukraine without documents for the right to reside and did not leave the country on time. A citizen of Armenia, in an attempt to avoid administrative responsibility and introduce misleading migrant workers, called another name of his acquaintance who has a permanent residence permit in Ukraine. The employees of the Department for the Prevention of Illegal Migration Management, together with the operational personnel of the ORU ACHRU, carried out all necessary operative actions to ascertain the identity of the foreigner and establish his legality of stay.

Regarding the offenders, administrative protocols were drawn up in accordance with Part 1, Article 203 of the KUpAP (Violation by foreigners and stateless persons of the rules of stay in Ukraine and transit through the territory of Ukraine) and decisions on their forced return from Ukraine were made. In addition, a protocol was drawn up under Art. 203 KUpAP and Art. 205 KUpAP.

Make migration documents on time.

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Registration in Kiev

The residence permit (residence) of a citizen of Ukraine, as well as a foreigner or stateless person at a certain address, is considered as a residence permit.
Registration for foreigners is mandatory within 30 days from the date of receipt of the certificate for temporary or permanent residence in Ukraine, as well as when changing the previous place of residence.

The law firm has been providing residence registration services in Kyiv for 8 years. All of our addresses are our own apartments, which in turn guarantees reliability.

Thus, your registration in Kiev will be absolutely legal.

We have addresses in all districts of Kiev:

Darnytskyy 3 500,00 UAH.
Podolsky 4 200,00 UAH.
Shevchenkivskyi 4 200,00 UAH.
Solomensky 4 500,00 UAH.
Desnianskyi 5 500,00 UAH.
Svyatoshinsky 5 500,00 UAH.
Dniprovsky 6 000,00 UAH.
Goloseevsky 7 000,00 UAH.
Obolonsky 7 000,00 UAH.
Pecherskiy 10 000,00 UAH.

Documents required from you:

1. Passport of a citizen of Ukraine or a certificate of temporary / permanent residence in Ukraine (for foreigners);
2. Military ticket (for men, citizens of Ukraine);
3. A voucher for an extract from the previous place of residence, if the client at the moment of filing of documents is not registered anywhere;
4. Personal presence in the NCAP.

Before filing documents at the CNAP for registration of the place of residence, the client always sees the owner of the apartment, and also has the opportunity to check the documents confirming the right to own an apartment, at this address. After reviewing the documents, if the client does not have comments, an agreement on the lease of the apartment for a specified period is drawn up, and then the documents for registration are submitted.

Our advantages:

– Registration of place of residence is carried out only in own apartments;
– The lowest prices;
– Speed ​​of the provided service (1 day);
– Guarantee of the result;
– Available in all districts of Kiev;
– Lack of intermediaries;
– Notification of receiving incoming correspondence for you;
– Ability to register for a month, six months, year with a further extension.

The law firm guarantees that registration of registration will take place without unnecessary delays and surprises. The entire procedure for registration at the new address is carried out within clearly defined terms and in accordance with the law. This is the main difference when the registration in Kiev with our company is legal, quick and easy.

The situation is such that basically all the difficulties in registration due to the fact that there is no trust between the owner of a Kiev apartment and a person who needs registration in Kiev. Because these relations come into contact with other people. Law firm to take care that when you receive a stamp in the passport were honest and legal. Therefore, we guarantee our customers 100% result.

Together with our company, you can buy a residence in Kiev legally, easily and without any hassle.

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Section of property of a spouse during divorce in Ukraine

Unfortunately, in our time such a phenomenon as divorce through the court becomes a social norm for our society. In this regard, the spouses have many legal issues, and one of them “how to share the property together”? The law firm “Yevsiutin & Partners” is ready to express its opinion on this subject.

First of all, it should be noted that there is a personal private property of a husband and wife and the common property of the spouses. According to Art. 57 of the Family Code of Ukraine, the personal property of a spouse includes: property acquired by one of spouses prior to marriage, property acquired by a husband or wife by concluding a contract of gift or by inheritance, as well as if the property was acquired during marriage, but for the money of one of the spouses , belonging to him personally.

Section of property and personal property of spouses

As judicial practice shows, to recognize the right of ownership of the personal property of a spouse or a spouse to property purchased by them during the marriage, but for the money of one of the spouses who belonged to him personally, can be in court. To prove these facts, there will be two components. First, it is money owned by a husband or wife prior to marriage or acquired by giving them a gift or inheritance. Secondly, when purchasing property in the contract of sale was indicated, the cost, which is proportional to the amount of the contract of donation or inheritance. Thus, this is evidence that this property was bought by a spouse or a spouse at his own expense.

It is also necessary to draw attention to the fact that the personal property of the spouses of Art. 57 of the Family Code of Ukraine include things of individual use, such as prizes, rewards received by a husband or wife for merits, including jewels, even if they were acquired at the expense of the common funds of the spouses, and this list is not exhaustive.

Section of property in divorce and common property of the spouses

Now let’s look at the joint joint property of the spouses, and how the division of property will take place in divorce. According to Art. 60 of the Family Code of Ukraine, property acquired during a marriage belongs to a spouse and a spouse on the right of joint ownership, regardless of what one of them did not have for a valid reason (education, household, child care, self-employment). From the above rule one can conclude that regardless of whether the husband or wife worked when it was purchased, for example, real estate, it is considered as a joint property of the spouses, and thus, the property section of the spouses will occur in equal shares.

However, it should be noted that there are exceptions. According to Art. 62 of the Family Code of Ukraine, if the property of a wife, husband during the marriage significantly increased in value due to the joint labor or monetary costs or expenses of the other spouse, it in the event of a dispute can be recognized by the court decision as the object of the joint property rights of the spouses. For example, if a man had a private home before his marriage, and in the marriage, through joint efforts of the husband and wife, the house increased significantly (from one storey to two floors), then, on the basis of a court decision, the private house of a man is recognized as a joint property of the same, and in this case divorce division of property will be in equal shares.

In some cases, when dividing a property you can increase its share

Also Article 70 of the Family Code of Ukraine stipulates that by the court decision the share of the property of the wife, the husband may be increased if she or her children live with him, as well as a disabled full son, daughter, provided that the amount of maintenance they receive is not sufficient for ensuring their physical, spiritual development and treatment.

In other words, if after the divorce the children live with their spouses and the child support is not enough (say, the court has set a minimum alimony of 30% of the minimum subsistence minimum), or there is an arrears of alimony, then based on the division of property, the court’s decision on the share of the wife may be increased.

Property section after divorce and limitation

Finally, I would like to note that the limitation period does not apply to the requirements for the division of property, which is the object of the law of joint property of the spouses, if the marriage between them is not terminated. The requirements for the division of property declared after the dissolution of a marriage, the limitation period of three years applies.

After divorce, if you have a joint property, then it is better not to waste time and deal with the issue of its distribution. Since after the expiry of the limitation period of three years, you can not file a lawsuit to the court on the division of property, you can not, and the property will remain in the ownership of the husband or wife, depending on who issued the ownership. In this case, it is possible to file a lawsuit only after the expiry of the limitation period.

 

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IMMIGRATION TO UKRAINE – OUR SPECIALIZATION

The law firm “UiP” offers lawyer assistance in support of migration to Ukraine and immigration cases of special complexity in Ukraine and abroad, on extradition to Ukraine and Ukraine, on migration from Ukraine and Ukraine, on disputes with state bodies.

We also organize a set of measures to ensure the safety and protection of foreigners in Ukraine.

  • Over 20 years of experience.

  • Huge experience of our lawyers and specialists in the state migration service, investigative, prosecutorial and judicial positions.

 

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Support for the development of volunteer activities in Ukraine  

On involving civil society organizations in the provision of proposals on state support for the development of volunteer activities in Ukraine

By Order No. 179-r of the Cabinet of Ministers of Ukraine on March 21, 2018, the Action Plan was approved to strengthen national unity, consolidate Ukrainian society and support public initiatives in this area.

Point 10 of the Plan provides for the Ministry of Social Policy to develop, together with civil society organizations, proposals for amending the Law of Ukraine “On Voluntary Activities” (hereinafter – the Law) in support of the development of volunteer activities in Ukraine.

Volunteering extends to all spheres of public life, in particular, social services; assistance to citizens affected by the emergency situation, internally displaced persons; health, education and science, physical culture and sports; culture and preservation of cultural heritage, historical and cultural environment, animal protection and environmental protection; help to eliminate the consequences of emergencies of anthropogenic or natural character; assistance to the military formation and law enforcement agencies in the conduct of the antiterrorist operation; other directions.

Realization of the state policy in the sphere of volunteer activity is carried out, in particular, by state authorities and local self-government bodies within the limits of their powers.

In accordance with the Law and Regulations on the Ministry of Social Policy of Ukraine, approved by the Cabinet of Ministers of Ukraine from June 17, 2015, № 423, the Ministry of Social Policy is determined by the central executive authority implementing the state policy in the field of volunteer activity.

We invite civil society organizations to join the study of the development of volunteer activities in Ukraine and to submit proposals for amending the Law of Ukraine “On Voluntary Activities” with a view to supporting it.

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Residence permit for volunteers

For the registration of a temporary residence permit, a foreigner or stateless person who has arrived in Ukraine for the conduct of cultural, scientific and educational activities on the grounds and in the manner prescribed by international treaties of Ukraine or special programs, as well as for foreigners or stateless persons who arrived in Ukraine in order to participate in international and regional volunteer programs or participation in the activities of organizations and institutions involved in volunteering activities in accordance with the Law of Ukraine “On the Volunteer activity information “, the information on which is posted on the official web-site of the Ministry of Social Policy, is submitted by:

  • submission of the relevant state body responsible for the implementation of cultural, educational, scientific, sports, volunteer programs for participation in which a foreigner or stateless person has arrived in Ukraine;
  • or submission of an organization or institution that engages volunteers in accordance with the Law of Ukraine “On volunteer activity”, information on which is placed on the official website of the Ministry of Social Policy and a certificate of state registration of such organization or institution (the original of the document is returned to a foreigner or person without citizenship, and to the application form, a copy of it, certified by an employee of the territorial body / territorial subdivision of the Ministry of Education and Science, authorized by the subject by inserting the mark “According to the original alum “and the signature indicating his position, surname, initials and date).

The Ministry of Social Policy, in accordance with the norms of the Law of Ukraine “On volunteer activity”, as the central executive body, implementing the state policy in the sphere of volunteer activity, fulfills a number of powers:

  • ensures the implementation of state policy in the field of volunteer activity;
  • takes other measures for the development and promotion of volunteering activities;
  • promotes the dissemination of information about volunteer activities;
  • promotes public associations and charitable organizations in their activities aimed at the development of volunteering activities;
  • disseminates information on the state of implementation of sectoral and regional programs for the promotion and support of volunteering activities;
  • publishes on its website available information on organizations and institutions involved in volunteering activities, in particular, information on organizations and institutions that involve foreigners and stateless persons for volunteer activities in the territory of Ukraine within three working days from the date of receipt relevant information;
  • contributes to the implementation of international cooperation on volunteer activities, generalizes and extends the practice of work in this area.

Our company can give you the opportunity to come to authoritative volunteer community organizations and help at the same time to get a visa D to Ukraine, including from India, Pakistan, Iran, Russia, Turkmenistan and other countries.

Contact us for help and we will do everything for your legal stay in Ukraine.

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Migration legislation is becoming tougher

Migration legislation is becoming tougher.

Now it is more difficult to apply for a residence permit. Many foreigners with a visa-free entry procedure have lost this opportunity and they need to leave Ukraine and wait up to 4 months outside of Ukraine.

So, from 01.06.2018 documents for registration of a temporary residence permit are submitted not later than 15 working days before the end of the established period of stay in Ukraine.

We remind you that foreigners who legally arrived in Ukraine can temporarily stay on its territory:

1) provided for a visa authorization within the period of validity of the visa in the case of entry of persons without citizenship and foreigners who are citizens of countries with a visa to enter the order if other term is not defined by international treaties of Ukraine;

2) no more than 90 days within 180 days upon entry of foreigners who are citizens of countries with visa-free entry, if other term is not defined by international treaties of Ukraine.

Calculations allowed to a foreigner who is a national of a visa-free entry (hereinafter – the foreigner), the period of stay on the territory of Ukraine executed by the officials of the State Border Service of Ukraine (hereinafter – the State Border Service) and the State Migration Service of Ukraine (hereinafter – SMS), within the scope of certain legislation of Ukraine.

During his stay on the territory of Ukraine of calculating the permitted period of stay the foreigner is carried out by officials of SMS deductions 180 days ago, with control of the day (the day on which you want to determine the legality of the stay of a foreigner in Ukraine). The foreigner did not violate this deadline, if within this 180-day period he stayed on the territory of Ukraine for not more than 90 days.

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Iraqi citizen tried to illegally enter Ukraine for $ 800

Iraqi citizen tried to illegally enter Ukraine for $ 800

From the bribe in the amount of $ 800, the border guards of the Separate checkpoint “Kiev” refused.

The Iraqi citizen offered improper benefit, who was denied passage at the Boryspil border crossing point at border checkpoints and how he did not confirm the purpose of his trip to Ukraine.

Already at the time of his return by a return flight, the foreigner offered the employee of the State Border Service 800 US dollars, which he received a categorical refusal.

Now the citizen is denied admission across the border. A notice has been sent to him to bring to Yedrei information about the discovery of signs of a criminal offense under Article 369 of the Criminal Code of Ukraine “Proposal, promise or provision of improper benefit to an official”.

In general, only since the beginning of the year the State Border Service employees refused bribes in more than 130 cases.

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In the capital’s airports, border guards carry out the action “Give a smile on the border!”

Border guards separate checkpoint “Kyiv” in the capital’s international airport “Kiev” and “Borispol” throughout the day to welcome the traveling women on International Women’s Day. This action is one-time and is only held today, on March 8.

All women who on this festive day following through the state border of Ukraine accept greeting cards from the Ukrainian frontier guards. It is worth noting that even young and very young ladies, accompanied by their parents, receive greeting cards.

The guards of the border happily manage to give a good mood to the beautiful half of humanity at the first outpost of the country, at the checkpoint.

In turn, the women of Ukraine, the EU and other countries sincerely thanked for such pleasure and admitted that it was very pleasant and unexpected for them to receive congratulations right on the airport territory.

The action “Give a smile on the border” was not only an interesting surprise for travelers, but it also gave smiles and a good mood to all women on this beautiful holiday, March 8!

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Beware, fake passports

Subdivisions of the State Border Service continue to identify forged passport and other documents

The main expert-forensic center continues to carry out tasks on forensic and technical and criminalistic support of state border guard agencies and other law enforcement agencies.

So, only last week, based on the results of forensic examinations on the decisions of the pre-trial investigation investigative authorities appointed in the criminal proceedings opened under Art. 358 of the Criminal Code of Ukraine and expert studies on the requests of the heads of State Border Guard Bodies of State Border Service, experts of the Main Center installed 2 completely counterfeit passports of Ukrainian citizens, a completely counterfeit passport of a Moldovan citizen, 2 partially counterfeit passports of citizens of Bulgaria and France, 12 forged impressions of competent Ukrainian authorities and others .

In addition, the experts of the Main Center took part in carrying out joint investigative (search) actions with the officers of the Department for the Protection of National Statehood of the Security Service of Ukraine for the pre-trial investigation initiated by the illegal movement of members of international terrorist organizations across the state border of Ukraine by issuing passports of Ukrainian citizens for traveling abroad. During the operational activities it was recorded and identified: stamps on the crossing of the borders of the EU member states, stamps of the State Migration Service of Ukraine, migration cards of one of the CIS countries, visas of Arab states, passports of citizens of Ukraine – Crimea residents, certificates on registration of internally displaced persons persons, as well as other materials that were used in unlawful activities.

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Legacy and heirs in Ukraine

In resolving the dispute over the inheritance of rights to property that is abroad or with the participation of a foreigner, it is necessary to determine whether there is an agreement on legal aid with this country and whether this agreement does not provide for other rules of inheritance than in the Ukrainian legislation.

In the case of divergences, the rules of an international treaty apply.

The right to inherit immovable property, in accordance with Article 71 of the Law of Ukraine “On Private International Law”, is governed by the legislation of the country in whose territory the property is located.

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Realtor services, activity in Ukraine and how to choose a realtor

Realtor services / activity in Ukraine and how to choose a realtor

From the beginning we will analyze who and what services are provided by real estate agencies.

The realtor is an individual entrepreneur or legal entity professionally engaged in intermediary activities in the conclusion of transactions of sale, lease of commercial and residential real estate by means of contracting partners and obtaining commissions.

Broker – Reseller. As a rule, he is professionally engaged in mediation in the purchase and sale of goods, securities, services, insurance, contributes to the conclusion of sales transactions through the construction of partners. In the USSR, mostly apartment brokers were known. In the time of the emergence of capitalism, most of them began to engage in real estate.

A broker is a legal entity or individual that carries out intermediary functions between the seller and the buyer. Also coordinates the work of realtors in the real estate agency.

All listed professionals in their professional activities should be guided by the applicable legislation regarding the provision of real estate services. The main normative and legal acts are the Civil Code of Ukraine, the Tax Code of Ukraine, the Law of Ukraine “On the State Registration of Real Rights to Real Estate and its Encumbrances”, etc.

As you know from the definition of “realtor” – its services include not only viewing apartments. Modern AGENCIES of real estate provide a wide range of real estate services in various spheres. Such, in particular. is:

– buying and selling, leasing real estate;

– search for sellers / buyers;

– legal support of the agreement;

– registration or registration of an object in state or other bodies;

– consultations on real estate transactions;

– assistance in obtaining loans;

– legalization of changes in real estate objects;

– independent expert evaluation of all types of real estate, consultations on the determination of the value of objects (house, cottage, apartment, land, building, premises, office);

– carrying out a complex of promotional activities aimed at promoting the object;

– advice on choosing an insurance company and real estate insurance issues (apartments, houses, cottages, buildings);

– preparation, reception and registration of a complete package of documents for all types of real estate operations.

How to choose a realtor right ?!

We modulate the situation, which is usually carried out the choice of the realtor: 1) call the realtor; 2) meeting with the realtor; 3) receiving answers to the questions asked; 4) making a decision on cooperation and / or rejection of a particular realtor’s candidacy; 5) signing a cooperation agreement or / or seeking another specialist.

Are the main and determining criteria for choosing their intermediary (realtor) in the real estate market – long experience, legal legal status, narrow specialization, recommendations of friends and acquaintances. But! Even the listed NONE gives you a guarantee of a quick and effective solution to the issue.

In order to avoid fraud or incompetence, the following should be taken into account:

– A skilled specialist can clearly and objectively outline the maximum achievable result at once. Therefore, as a realtor who will provide “rainbow” promises to the client, it will quickly start to exert pressure on the client, which will eventually end with a rupture of cooperation or a transaction on extremely unprofitable terms for the client. We must remember that the realtor can only offer, and the decision always accepts the client;

– Qualified realtor services can not cost a penny. Remember that a person who works for a minimum reward is most likely an unqualified specialist in his case;

– during all time, work with the realtor should be comfortable. Reeltor with sufficient experience first of all cares about the needs of the client, and not on the characteristics of the property (this is a secondary issue). Lower level specialists can impose your property and “run in front of the carriage” with the implementation of the transaction and its accompaniment, etc .;

– all the nuances that may arise with the work of the realtor (with the realtor) is better to discuss immediately. These can be – the benefits of a particular realtor over other realtors (number of closed deals, the number of repeated calls, etc.); 2) terms of purchase / sale (stipulated in advance with indication of actions in case of non-solution of the issue); 3) the number of objects with which the realtor works simultaneously (we must remember that if more than 3-5 objects are simultaneously working, the efficiency may be low), etc. It is best to consolidate all the points in the agreement so that there will not be any misunderstandings.

On the basis of all of the foregoing, one can conclude that if you do not have the time and the desire to independently deal with the real estate transaction, then the realtor is the first person to meet and to choose which should be approached thoughtfully and prudently.

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Responsibility in the absence of registration at the place of residence

Responsibility in the absence of registration at the place of residence

As stipulated by the Constitution of Ukraine, every citizen has the right to free movement and choice of place of residence. Such freedoms apply to all those who are on the territory of Ukraine for the legitimate reasons.

Article 6 of the Law of Ukraine “On freedom of movement and free choice of place of residence in Ukraine” defines the rules of registration of the place of residence of individuals, according to which citizens of Ukraine, foreigners and stateless persons permanently residing in the country are obliged to register their place of residence during 30 days. It is precisely this time limit that is permissible for an unpunished stay without registration if a person has changed his place of residence. So, when changing a place of residence, it is necessary within a month to cancel the registration at the old place of residence and open on a new one.

Under the current legislation, local authorities, having the authority, conduct a registration on the day the application is submitted. Now it is allowed to cancel the old registration at the same time and open a new one – it saves time considerably (citizens submit one application and pay an administrative fee for one operation).

The indicated authorities conduct registration and record information on the registration of the place of residence in the territorial demographic register, which are further located in the Unified State Demographic Registry of Ukraine.

Recall that the primary registration of the place of residence is based on the fact of birth. Parents / legal representatives register the place of residence of the child born within three months from the date of the state registration of the birthday.

Why do I need to register a place of residence? For official correspondence with citizens on taxation, notifications about the necessity to fulfill state obligations and court decisions provided by laws. Also, the place of residence is required for notarization of contracts subject to mandatory state registration. In the field of civil acts performed by individuals, these are the operations of the alienation of movable and immovable property, inheritance and contracts of donation, care, life maintenance, etc.

Article 197 of the Code of Ukraine on Administrative Offenses provides for liability for residence without registration of a place of residence.

From the beginning there is an administrative warning, and then, if these offenses are committed repeatedly within a year, it already entails a fine in the amount of one to three non-taxable minimum incomes of citizens.

Also, delay in registration of newborn children without good reason is considered a violation, which is punishable by a fine of one to three non-taxable minimum incomes of citizens, but in this case, without warning. Such a norm is enshrined in Article 212-1 of the Code of Ukraine on Administrative Offenses.

Now about the size of the non-taxable minimum. Paragraph 169.1.1 of the Tax Code of Ukraine (PCU) and Item 5 of subsection 1 of Section XX of the Transitional Provisions of the Tax Code stipulates that, in complying with the norms of administrative and criminal legislation, this amount shall equal 50% of the monthly subsistence minimum for able-bodied persons.

In the Law “On the State Budget of Ukraine for 2018”, at the legislative level, the appropriate amounts of the monthly living wage for able-bodied persons (PMPO) are determined for three budget periods:

– January 1 – July 1, PMPO – UAH 1762;

– July 1 – December 1, PMPO – UAH 1841;

– December 1, 2018 – January 1, 2019 PUMO – UAH 1921

For the same periods fines on the basis of the size of the PMPO, taking into account the rate of 50% for administrative and criminal penalties, will be the following amounts:

– January 1 – July 1: 50% IPO – UAH 881; fine in the range of 881-2643 UAH;

– July 1 – December 1: 50% of the PMPO – UAH 920.5; a fine in the range of 920,5-2761,5 UAH;

– December 1, 2018 – January 1, 2019: 50% PMPO – 960.5 UAH; a fine in the range of 960.5-2881.5 UAH.

 

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