PROHIBITION ON THE EXECUTION OF ANY DOCUMENTS IN UKRAINE FOR CITIZENS OF THE RUSSIAN FERERATION DURING WAR

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Petryk Tetiana

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PROHIBITION ON THE EXECUTION OF ANY DOCUMENTS IN UKRAINE FOR CITIZENS OF THE RUSSIAN FERERATION DURING WAR

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Citizens of the Russian Federation, after the start of a full-scale war in Ukraine, became practically exiles all over the world. Almost every country announces and implements certain restrictions for Russian businesses and its citizens.

It is clear that Ukraine is not an exception in this matter. On its territory, Ukraine introduced a number of bans and restrictions for everything originating from Russia.

In the first days of the war, the Parliament and the Government of Ukraine developed changes to the legislation that will correspond to the modern realities of the war.

For this purpose, a number of normative legal acts were adopted, which prohibit the conclusion of any documents on the territory of Ukraine for citizens of Russia.

Namely, the Decree of the Cabinet of Ministers of Ukraine № 164 of February 28, 2022 stipulates that during the period of martial law, it is prohibited to perform any notarial actions at the request of Russian citizens and legal entities.

This means that citizens of the aggressor country cannot enter into any agreement that is subject to notarization. This includes contracts of sale, gifts, mines and others. When certifying transactions, notaries must take into account the mentioned Resolution and refuse to certify such transactions.

And this is not the only legislative act that limits the registration of documents by citizens of Russia in Ukraine.

Another no less important regulatory document is the adoption of Resolution № 187 of March 3, 2022 by the Cabinet of Ministers of Ukraine. This Resolution stipulates that the execution of any contract to which a Russian citizen or a legal entity related to the Russian Federation is a party is prohibited. Such contracts will be considered null and void.

That is, if you analyze the provisions of Ukrainian legislation adopted after February 24, 2022, you can see that any documents for Russian citizens cannot be issued in Ukraine.

For example, you have a power of attorney from a citizen of the Russian Federation to conclude a lease agreement. Even if such a power of attorney was issued before February 24, 2022, it is still not possible to conclude any contracts using this power of attorney. Since this will be a violation of the moratorium and, as a consequence, such an agreement will be declared null and void.

Summarizing the above, it should be noted that if there is a need to conclude any agreement, it is worth seeking help from a specialist in the field of law.

What is the role of a lawyer?

  • First, the lawyer or lawyer will analyze the future agreement for its compliance with the current legislation of Ukraine.
  • Secondly, will provide comprehensive advice on the consequences of concluding such an agreement.
  • Thirdly, it will help to understand all the risks and to monitor whether the future agreement falls under the terms of the moratorium.

Therefore, if there is a need to draw up any documents in Ukraine for citizens of the Russian Federation in the current conditions of war, you should not neglect the help and advice of a legal specialist. After all, it is better to prevent the consequences than to solve them later.

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Head of migration law practice

Lawyer, master of law, expert in the field of migration law.

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