In today’s world, where the need for international contacts and information exchange is growing, apostillation and legalization of documents have gained great importance. These procedures ensure the legal validity of documents outside of Ukraine and allow their use in other countries.
In this article, we will consider the concept of apostillation and legalization of documents in Ukraine, the terms of their implementation, the role of lawyers in this process, and the complications that citizens may face.
What is an apostille and why put it on documents?
Apostille is a special seal that is placed on public documents to ensure their legality and recognition abroad.
Introduced by the Hague Convention of 1961, the apostille simplifies the procedure for document recognition in countries that have adopted such a convention.
Apostilles are affixed to various types of documents, such as birth, marriage, death certificates, registration certificates, and other public documents.
For countries that have joined the Hague Convention, the apostille ensures their international recognition and validity. At the same time, an apostille must be affixed if the documents will be used in such countries.
What is legalization?
Legalization is a procedure for confirmation or confirmation of the legal validity of a document issued in Ukraine for its use in another country that is not a member of the Hague Convention. This is necessary in order for the documents to be recognized as official and to have legal force outside the country in which they were issued.
Legalization is usually carried out in the consular department or service of the country to which the document is addressed. The procedure may vary depending on the requirements and regulations of each individual country.
The main purpose of legalization is to ensure compliance of the document with the requirements of the legislation of another country.
Legalization is necessary when documents such as academic certificates, birth certificates, marriage certificates, business registration certificates, and others are to be used abroad. This may concern both private individuals and legal entities that plan to carry out activities, study, work or perform other legal actions in another country.
Countries for which legalization is required may vary. Usually, these are countries that are not members of the Hague Apostille Convention of 1961.
In such cases, in order to ensure the legal validity of the document, it is necessary to go through the legalization procedure, which may include oscillation by the relevant authorities, verification by the consular department, and other forms.
It is important to note that each country has its own rules and requirements for the legalization of documents. For example, some countries require documents to be legalized in the country’s diplomatic mission in the country of origin of the document.
Other countries may require documents to be legalized by the Ministry of Foreign Affairs or another competent authority. Some countries may also require additional translations of documents or notarization of translations.
For Ukrainian citizens and legal entities who plan to use documents abroad, legalization may be necessary for many countries, in particular for countries that are not members of the Hague Convention. Such countries may include China, Qatar, UAE, Saudi Arabia, and many others.
It is important to keep in mind that the legalization procedure can be long and require considerable effort. Terms for legalization may vary depending on the country and specific circumstances. It is recommended to familiarize yourself with the rules and requirements of the country to which you plan to submit documents in advance and to start the legalization procedure in advance to avoid delays and inconveniences.
In case of need for the procedure of legalization of documents, contacting a lawyer with experience in this field can be useful. The lawyer will provide advice on rules and requirements, help with obtaining documents and accompanying them to the relevant authorities.
What are the deadlines for affixing an apostille in Ukraine and for legalization?
In Ukraine, the procedure for affixing an apostille is regulated by the Law of Ukraine ” On Apostille “. According to this law, the deadline for putting an apostille on documents is up to 5 working days from the moment of submitting the application and the necessary documents to the competent authority.
Regarding legalization, the terms may vary depending on the country in which the documents are planned to be used. The consular department or legalization service usually sets its own deadlines and work schedule. Therefore, it is recommended to contact the consular office of the country in which the legalization is to be carried out in advance to obtain up-to-date information on the terms and necessary procedures.
How can a lawyer help in this process?
In the process of apostillation and legalization of documents, a professional lawyer can be extremely useful. He will ensure the correct execution of all necessary procedures and the compliance of documents with the requirements of the law.
The main ways a lawyer can help include :
- Consultation and provision of information regarding the procedure of apostille and legalization.
- Checking the correctness of filling out the documents and preparing the necessary additional materials.
- Submission of applications and documents to competent authorities or consular institutions.
- Support of the procedure and resolution of the issues.
- Resolution of disputed issues or problems related to documents that require an apostille or legalization.
- Representation of the client’s interests before competent authorities and consular institutions.
- Ensuring compliance with deadlines and monitoring the process of affixing an apostille and legalization.
- Completion of all necessary formalities and registration of documents in accordance with the requirements of the law.
Contacting a lawyer in such matters allows you to avoid mistakes, save time, and make the process of apostillation and legalization more efficient and trouble-free.
What complicates the process itself?
The apostillation and legalization process itself can be complicated for a number of reasons :
- Complexity and variety of requirements and procedures established by different countries. Each country has its own rules and requirements for apostille and legalization of documents, which may vary.
- awareness of citizens about the procedure of apostille and legalization, their rights, and obligations. This can lead to errors in filling out documents, incorrect selection of the body or institution for the procedure, and other problems.
- Delays and lack of a single system of apostille and legalization between countries. This can lead to a long wait for the result and complications of communication with consular institutions.
- Costs associated with the procedure. The process of apostillation and legalization may require financial costs for the payment of consular fees services, fees, and other administrative costs. These costs can significantly increase the total cost of the procedure, especially if the documents require legalization in several countries.
- Possibility of loss of documents or their damage during the process of apostillation or legalization. This can happen due to negligence or errors during the processing of documents by apostille authorities or consular offices.
- Problems with the translation of documents. In many cases, documents for apostillation or legalization must be translated into the language of the country where these procedures are carried out. If the translation is not done correctly or does not meet the requirements, it can cause additional delays and problems.
- Unforeseen circumstances and changes in legislation. Changes in apostillation and legalization requirements, and political or economic changes in countries can affect the process and lead to additional complications or delays.
Despite the complications, apostillation and legalization of documents in Ukraine are important procedures for ensuring international recognition and validity of documents.
Contacting the professional lawyers of the legal company Prykhodko and partners and studying the relevant legislation can help citizens to perform these procedures effectively and without problems.