Publication date: 27.05.2024
lawyer, 23 years of experience in enforcement.
FEATURES OF APPENDING APOSTILLE ON SOME TYPES OF OFFICIAL DOCUMENTS
To ensure the legal force of Ukrainian documents in foreign countries, they must go through the process of legalization. The preferred method of preparing documents for possible use abroad is affixing an apostille.
There are documents that cannot be apostilled, as stated in the Rules for affixing an apostille on official documents intended for use in other countries. These rules were approved by the Ministry of Foreign Affairs of Ukraine, the Ministry of Internal Affairs of Ukraine, the Ministry of Education and Science of Ukraine, the Ministry of Finance of Ukraine and the Ministry of Justice of Ukraine on March 17, 2023. for No. 125/209/293/139/999/5. Registration number in the Ministry of Justice of Ukraine No. 478/39534 dated 03/21/2023. According to these rules, an apostille is not required for the following documents:
• Documents proving identity and citizenship of Ukraine, as well as documents confirming its special status, must be presented in their original form.
• Military ID cards and employment records are also required for submission.
• Additional documents that must be provided are a permit to carry weapons and vehicle registration certificates (technical passports).
• Any other certificates issued in accordance with the legislation of Ukraine must also be included.
In addition, regulations, clarifications and legal opinions that relate to the application of these documents, as well as any documents related to correspondence, do not require apostillation. Instead, notarized copies (photocopies) of these documents will be accepted for apostille certification.
In Ukraine, it is not possible to put an apostille on the originals of official documents issued by the institutions of the former union republics of the USSR, with the exception of documents on education and academic titles issued by the Ukrainian SSR. However, an apostille can be placed on copies or copies with translations of these documents that have been duly certified in Ukraine.
To affix an apostille on copies certified in Ukraine or copies with translations of documents on education and science, it is necessary to first affix an apostille on the original documents. Copies or copies with translations of documents issued by civil status registration authorities can be apostilled only if the original document is first legalized by consular legalization or affixing an apostille.
We inform you that in accordance with the Procedure for the performance of notarial acts by notaries of Ukraine, approved by the Ministry of Justice of Ukraine on February 22, 2012 under No. 296/5 and registered in the Ministry of Justice of Ukraine dated February 22, 2012 under No. 282/20595 (as amended), the obligation mandatory notary certification of copies of official documents issued by civil status registration authorities and intended for use abroad, only after prior legalization of the original documents. (either through consular legalization or by affixing an apostille).
In addition, it is important to note that the current legislation does not contain provisions for the affixing of an apostille on information certificates obtained from the State Register of Real Property Rights, also known as the State Register of Rights. In accordance with paragraph 3 of the Procedure for providing information from the State Register of Property Rights to Immovable Property, approved by Resolution No. 1127 of the Cabinet of Ministers of Ukraine dated December 25, 2015 (as amended), these certificates are issued on standard A4 paper (210 x 297 millimeters) without the need to use special forms, and they do not require the signature or stamp of the information provider. However, if you need to affix an apostille on a document confirming your property status and use it abroad, you can easily do so by contacting a public or private notary and filling out the necessary application or written statement.
It is important to note that the Ministry of Justice of Ukraine is authorized to affix an apostille on various documents, including those issued by the justice authorities, courts, state archival institutions, and notaries of Ukraine. This authority was granted in accordance with the resolution of the Cabinet of Ministers of Ukraine dated 18.01.2003 No. 61, which refers to the Convention on the abolition of the requirement for legalization of foreign official documents (as amended).
So, as can be seen from the above, in order to legalize some documents issued abroad, it is necessary to affix an apostille, for which it is advisable to obtain the services of a lawyer or the sound advice of a lawyer.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation to determine the procedure for obtaining an inheritance abroad and will help collect the necessary documents and, if necessary, accompany the court proceedings.
