A citizen is going abroad to continue working under the terms of a contract concluded even before the start of the war. Although this person has all the grounds for departure and the documents prepared accordingly, some of them lack an apostille. How to go through this procedure correctly, read further.
Features of apostille
Affixing an apostille stamp is a simplified procedure for the legalization of documents for use in countries that have joined the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (also known as the Hague Apostille Convention), to which Ukraine joined on January 10, 2002 (entered into force on December 22, 2003 ).
The Ministry of Foreign Affairs, the Ministry of Internal Affairs, the Ministry of Education and Science, the Ministry of Finance and the Ministry of Justice have approved the Rules for placing an apostille on official documents intended for use on the territory of other states. Relevant order No. 125/209/293/139/999/5 of March 17, 2023 entered into force on March 23, 2023.
The approved Rules regulate the procedure for affixing a special Apostille mark (Convention de la Haye du 5 octobre 1961) on official documents drawn up on the territory of Ukraine, which, in accordance with Article 5 of the Convention, canceling the requirement for legalization of foreign official documents (hereinafter - the Convention), certify the authenticity of the signature, the capacity in which the person signing the document has acted, and, where appropriate, the identity of the seal or stamp the document bears.
List of documents that require an apostille stamp
According to the order Apostille is affixed:
- on official documents emanating from the courts of Ukraine;
- on official documents emanating from justice bodies, state archival institutions, bodies for the execution of punishments and probation ;
- on official documents issued by the Ministry of Education and Science of Ukraine, central executive bodies whose activities are directed and coordinated by the Cabinet of Ministers through the Minister of Education and Science, their territorial bodies, educational institutions, enterprises, institutions and organizations that provide services in the field of education and science or conduct other activities related to the provision of such services;
- on official documents drawn up by public and private notaries;
- on official certificates executed on documents signed by persons in their private capacity, such as official certificates of registration of a document or fact that existed on a certain date, and official and notarial certificates of signatures;
- on official documents issued by the Ministry of Internal Affairs, its territorial bodies for the provision of services and separate points of registration of a qualified provider of electronic trust services - an accredited key certification center of the Ministry of Internal Affairs;
- on official documents issued by the State Migration Service, its territorial bodies and territorial divisions related to the field of migration (immigration and emigration), including combating illegal migration, citizenship, refugees and other legally defined categories of migrants;
- on official documents issued by the State Tax Service and its territorial bodies;
- on other official documents.
The Ministry of Justice of Ukraine affixes an apostille on official documents issued by justice bodies, courts and archival institutions, as well as on documents drawn up by notaries of Ukraine. The originals of education documents are apostilled at the Ministry of Education and Science of Ukraine. All other documents, such as a certificate of no criminal record, a certificate of residence and family composition, documents issued by the prosecutor's office, medical certificates and others, are issued at the Ministry of Foreign Affairs.
Algorithm for obtaining an apostille
Affixing of an apostille by the Ministry of Justice of Ukraine is carried out in the Electronic Register of Apostilles in the following way:
- a person can apply with theri ID and the originals of documents that need apostille to the relevant body — the department of state registration of civil status acts/notary/State Archives Service of Ukraine);
- it is necessary to provide a document on payment for the service of affixing an apostille or a document confirming the right to exemption from payment;
- a statement is required, formed by an official of the specified bodies, signed by the person who submits the documents, and sent electronically for consideration to the Ministry;
- an apostille is affixed or a refusal is received.
