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Petryk Tetiana

Head of migration law practice, master of law, expert in the field of migration law.

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Legalization and apostilization. What do you need to know?

In 2002, the Law of Ukraine “On Ukraine’s Accession to the Convention Abolishing the Requirement of Legalization of Foreign Official Documents” was adopted.

The aforementioned “Convention” for Ukraine gained its legal force in December 2003. According to this act, the procedure for legalizing documents for the countries-participants of the “Convention” is canceled and a new procedure is introduced – affixing an apostille. The process of affixing an apostille on documents is regulated by the Rules for placing an apostille on official documents intended for use on the territory of other states.

These are documents in:
– judicial jurisdiction and prosecutor’s office of the country;
– the administrative area;
– notarial sphere;
– as well as official certificates.

According to the Resolution of the Cabinet of Ministers of Ukraine No. 61 dated January 18, 2003, the duties of affixing the Apostille to official documents were transferred to:
?- MES in relation to documents from educational institutions or state bodies in the field of education and science (for example, a diploma of complete higher education or a certificate of complete general secondary education);
?- LIE in relation to documents issued by courts, justice or notaries (for example, a court decision or a notarized power of attorney);
?- Ministry of Foreign Affairs – for all other types of documents.

The terms of this “Convention” apply to documents issued on the territory of one of the countries – parties to the “Convention” – in relation to a document that will be provided to another country – party to the “Convention”.

The consular legalization of official documents is a legal procedure that means confirmation of the validity of the original official documents. And in this case, the consul is not responsible for the content of the document.

Options for the consular legalization procedure:
?- Legalization of the document in the country where it was issued.
?- Legalization of the relevant document in the country of presentation of such a document.

The Responsible Department of the Ministry of Foreign Affairs of Ukraine implements the provision of the procedure for the legalization of documents issued in Ukraine and intended for presentation abroad.

Final conclusions !!!

* Documents that were issued in another country (which is a member of K) are not subject to mandatory legalization. To bring such documents into effect, you must affix an apostille. Mandatory in the country issuing an official document.
** If such a document was issued in a country that is not a member of K, the document is subject to mandatory legalization. And only in the country of issue of the document. The legalization process is provided for by law and is possible for implementation at the embassy or consular office of Ukraine in another country.
There are certain difficulties in carrying out the procedure for legalizing documents or affixing A. For example, legalization has its own difficulties. Basically, these are subjective reasons. What does it mean? For example, having collected the correct package of documents necessary for the legalization of the document, due to the disorganized work of the state. authorities, including the Ministry of Foreign Affairs or the embassy of a certain country, it is necessary to stand in a long queue for more than one hour, but, for example, with a country like China, it will take more than six hours to wait. The queue for submission of documents must be occupied from early morning or late evening – if you want to apply for legalization on the same day.
There are no problems with affixing an apostille. The main thing is to properly prepare the documents and understand that it must be in a diligent form – the seals must not be stripped, the text must be clear, the signature of the authorized person must be real.

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