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F.A.Q.

Can I contact a hospital, file complaints against medical facilities, or sue them?

Yes, of course. The Ministry of Justice explains that according to clause "i" of the first part of Article 6 of the Law of Ukraine "On the Basics of Ukrainian Legislation on Health Protection," every citizen of Ukraine has the right to health protection, which includes, in particular, challenging unlawful decisions and actions of employees, institutions, and bodies of health protection. The following are some non-judicial mechanisms for protecting rights: filing a complaint with the official/medical facility's chief physician; filing a complaint with the health department of local authorities; filing a complaint with the Ministry of Health of Ukraine; filing a complaint with the State Service of Ukraine for Medicines and Drug Control; parliamentary oversight of human rights compliance (appealing to the Ukrainian Parliament Commissioner for Human Rights). If the non-judicial mechanism has not yielded any results or is inappropriate under the circumstances, the judicial mechanism may be applied. Of course, legislative requirements apply to appeals, complaints, and claims in different types of proceedings.

Is it possible to move someone else's gravestone and how can it be done?

The law only provides for a full reburial, not the individual relocation of a monument. Reburial of the deceased is allowed in exceptional cases by decision of the executive body of the rural, town, or city council on the basis of a written application from the person who carried out the burial, a conclusion from the sanitary-epidemiological service, a death certificate, and permission from the executive body of the corresponding rural, town, or city council for burial of the remains in another cemetery. Based on the wording of the question, you are not the owner of the memorial structure. Therefore, you should first contact the owner (the person who installed the structure on the grave at their own expense) and try to resolve this issue together, as you, as a subject, do not have any right to address this issue. Moreover, the legislator provides for reburial "in another cemetery," so you will need to clearly indicate in your application the need only to "move" the gravestone, or at least to relocate it a little further in the same cemetery. Unfortunately, all the nuances of such issues are not currently regulated by legislation. But theoretically, this is entirely possible, although there may be some difficulties in practice. Of course, the decision will depend on many factors, primarily whether the authorities are willing to deviate slightly from the unilateral wording in the law. Such cases are difficult to resolve without knowing all the circumstances, so for more specific answers and assistance, please contact lawyers.

What is the legal order of serving a summons?

There are several types of summons: a summons to clarify personal information, a summons for a military medical examination, a summons for registration with a conscription station, a summons for conscription into military service, and a mobilization order. The first thing to note is that during a state of war, conscription into military service is not conducted, but summons can be served for all other reasons. The "most terrifying" summons for our citizen is, of course, a mobilization order. The conscription of citizens into military service during mobilization or their involvement in performing duties according to positions provided for in the states of wartime is carried out by territorial recruitment and social support centers with the assistance of local executive authorities or military unit commanders.

My car was stopped by patrol police officers who offered me to take a breathalyzer test. Do I have the right to refuse?

Yes, you do. But there are two possible outcomes in this situation. First, if you refuse to take the breathalyzer test altogether, regardless of whether you have consumed alcohol in excess or not, you will be held liable under Article 130 of the Code of Ukraine on Administrative Offences (KUpAP), as the refusal itself constitutes an offense under the said article. Second, according to Article 266 of the KUpAP, if for any reason you do not want to take the breathalyzer test on the spot or do not agree with its results, the examination is carried out in healthcare facilities. That is, you have the right to refuse to take the test "here and now", BUT you must go to a designated medical facility within the next 2 hours and undergo an examination in the presence of a police officer. However, sometimes police representatives ignore the right to refuse to take the test on the spot, or the person themselves does not clearly state the need for an examination in a medical facility, as a result of which an administrative offense report is drawn up against you under Article 130 of the KUpAP. In such cases, you can challenge the actions of the police.

I am divorced and have two minor children. Currently, I am not employed. Do I have to pay child support?

According to Part 2 of Article 195 of the Civil Code of Ukraine, the arrears for child support of the obligor who was not employed at the time when the arrears were incurred shall be determined based on the average employee's wage for the respective locality. Therefore, the fact that the obligor is not employed for any reason does not exempt them from the obligation to support their child/children. In such a case, arrears will be accrued against the obligor. However, according to Article 197 of the Civil Code of Ukraine, a court may defer or reschedule the payment of child support arrears taking into account the financial and family status of the obligor. The only reason for complete or partial exemption of the obligor from paying child support arrears is their severe illness or other circumstances that are essential. If you have any additional questions, please contact us for a consultation or full legal support.

I have a 22-year-old son from a previous marriage who is studying in correspondence form. I believe that I should not have to pay alimony because my son can work part-time during his free time from studying. Is this correct?

Article 199, Part 1 of the Criminal Code of Ukraine states that if adult daughters or sons continue their education and require financial support, parents are obliged to support them until they reach the age of 23, provided that they are able to provide financial assistance. According to Part 20 of the Resolution of the Plenum of the Supreme Court of Ukraine dated May 15, 2006, parents are obliged to support adult daughters or sons who continue their education after reaching adulthood (regardless of the form of education) if certain legal facts exist: the daughter or son has reached the age of 18 but is under 23 years old, they continue their education, they require financial support, and the parents have the ability to provide such support. Therefore, the obligation of parents to support their children does not depend on the form of education.

Can a person who is not related to an incapacitated/limited legal capacity person be their legal guardian?

According to Part 1, 3 of Article 296 of the Civil Procedure Code of Ukraine, a statement requesting the limitation of legal capacity of a person can be filed by their family members, guardianship and care authorities, or psychiatric institutions. A statement requesting the recognition of a person as incapacitated can be filed by family members, close relatives, regardless of their place of residence, guardianship and care authorities, or psychiatric institutions. Part 4 of Article 63 of the Civil Code of Ukraine provides that guardians or caretakers are appointed primarily from among persons who are related to the ward by family ties, taking into account personal relationships between them and the ability of the person to perform the duties of a guardian or caretaker. Therefore, even though only relatives can request the establishment of the above-mentioned statuses, family ties are preferred but not mandatory to become a legal guardian/caretaker. It should be noted that there are certain criteria for individuals who wish to become a legal guardian/caretaker. For more detailed information, please contact lawyers, who will certainly help you to resolve your question.

Can I, as an individual entrepreneur, unilaterally terminate a contract with a legal entity?

Yes, such a possibility is provided for according to Part 3 of Article 651 of the Civil Code of Ukraine: "in case of unilateral termination of the contract in full or in part, if the right to such termination is established by the contract or the law, the contract is accordingly terminated or amended." Depending on where the right of unilateral termination is specified and its grounds, the procedure itself may differ. For a more detailed answer, it is necessary to further clarify the question, which you can do by consulting with lawyers.

During the armed aggression of the Russian Federation, my house was destroyed. Who is responsible for rebuilding it?

Starting May 22, 2023, a new law in Ukraine will come into effect regulating compensation for damages and destruction of certain categories of immovable property as a result of the armed aggression of the Russian Federation. Commissions will be established to consider compensation for destroyed immovable property, where affected parties can submit an application. Compensation for destroyed immovable property will be provided by transferring funds to the recipient's account with a special usage regime for financing the construction of a garden-type, garden or summer house, or by financing the purchase of an apartment, other residential premises, a country house, garden or summer house (including the purchase of such premises/houses to be constructed in the future, or investment/financing for its construction) using a housing certificate.

How can a mentally unhealthy person be evicted from a house?

In general, there is no basis for eviction based on illness. However, there is a possibility of eviction of a person who is not an owner/co-owner without their consent. According to Part 2, Clause 1, Article 18 of the Law of Ukraine "On the provision of public (electronic public) services for declaring and registering a place of residence in Ukraine", the removal of a person from a declared or registered place of residence (stay) upon application to the registration authority or through the center for the provision of administrative services at the place of the declared or registered place of residence (stay) is carried out by the statement of the owner of the privately owned housing in paper form regarding an adult person whose place of residence (stay) is registered or declared in the housing that belongs to the owner based on property rights. However, there are many specifics related to the subjects being evicted.

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