Publication date: 05.06.2024
lawyer, 23 years of experience in enforcement.
Визначення слова "іноземний елемент" наведено в пункті 2 частини першої статті 1 Закону України "Про міжнародне приватне право" (далі - Закон).
The definition of the word "foreign element" is given in paragraph 2 of the first part of Article 1 of the Law of Ukraine "On International Private Law" (hereinafter - the Law).
A foreign component is a component that is unique to private law relations under this law and manifests itself in one or more of the following ways:
• at least one participant in the legal relationship is a citizen of Ukraine who lives outside its borders, a foreigner, a stateless person or a foreign legal entity;
The purpose of the legal relationship is to have a connection with the relevant object; it is in the territory of another country.
A legal fact that creates, changes or terminates legal ties on the territory of a foreign state is called a legal event.
The general principles of regulating legal relations with a foreign person are laid down in the Constitution of Ukraine, the articles of which describe the order, mechanism and purpose of protecting human rights and freedoms.
Article 26 of the Constitution of Ukraine establishes that foreigners and stateless persons living in Ukraine legally enjoy the same rights and benefits as citizens of the country, with the exception of those provided for by the Constitution. laws or international treaties that are relevant to Ukraine. Some parts of the national law of Ukraine are derived from international treaties, consent to the mandatory implementation of which was given by the Verkhovna Rada of Ukraine (Article 9 of the Constitution of Ukraine).
Persons who are foreigners or stateless persons who are under the jurisdiction of Ukraine, regardless of the legality of residence, have the right to recognition of legal personality and basic human rights and freedoms (part two of Article 3 of the Law of Ukraine "On the Law of Ukraine"). "On the legal status of foreigners and stateless persons".
Article 410 of the Civil Code grants rights to foreigners, stateless persons, foreign legal entities, foreign states (their bodies and officials) and international organizations. These subjects have the right to apply to the courts of Ukraine in order to protect their rights, freedom or profit.
International treaties in force in Ukraine, to which consent has been given by the Verkhovna Rada of Ukraine, are part of national law and are subject to the norms of national law. If the international agreement between Ukraine and other states, which is concluded in accordance with the established protocol, has different rules than the legislation of Ukraine regarding international agreements, then the rules of the international agreement are applied (part two of Article 19 of the Law). of Ukraine "On international treaties of Ukraine"). International treaties on the rules of international civil justice that are relevant to Ukraine include both bilateral and multilateral treaties signed by the state itself, as well as treaties of the former USSR that have retained their legal significance for Ukraine.
According to Article 24 of the Vienna Convention on the Succession of States under Treaties of August 23, 1978 (UN), a treaty that was in force at the time of succession regarding the territory that is the subject of the succession of states is considered legitimate between a newly independent state and another participating state when:
1. they unequivocally agreed to it;
2. Because of their conduct, they should be considered to have participated in it.
When dealing with cases with foreign involvement, courts must ascertain whether there is a valid agreement between the states involved, or whether they are simply dealing with a dispute over a legal relationship that has already arisen.
A qualified lawyer or lawyer of the Legal Service "Consultant" will provide a qualified legal analysis of the situation and help in drawing up the necessary documents. The services of a lawyer services of a lawyer in the preparation and submission of documents in the category of family legal relations are quite essential. The court proceedings in the specified category of cases can be difficult and long-lasting, in connection with which the services of a lawyer in accompanying such cases are absolutely necessary.
