Ukrainians who are currently living abroad can issue a power of attorney for their loved ones to allow them to manage their property in Ukraine. Learn more about how to draw up a document and what you need to do
Ukrainians living abroad may need to take legal action in Ukraine. To avoid returning to their homeland, citizens can issue a power of attorney to close relatives, allowing them, for example, to dispose of property on behalf of the owner. But is it possible to issue a power of attorney while abroad? We explain this in our article.
It should be noted that a power of attorney is a written document issued by one person to another for representation before third parties. A power of attorney to perform a legal act may be granted by the person being represented (the principal) directly to a third party.
This document allows the authorised person to act on behalf of the principal: represent interests, conclude agreements, sign contracts, statements, etc.
If a person abroad wants to draw up a notarised power of attorney for use in Ukraine, they can do so in several ways:
▪️ certify the power of attorney at the consulate;
▪️ certify the power of attorney at a notary in the country of residence.
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Getting a power of attorney at the consulate
The main advantage of getting a power of attorney through the consulate is that such a document does not require additional legalisation or translation. From the moment it is signed, the power of attorney is immediately recognised as valid in Ukraine and can be used without delay.
All powers of attorney (as well as their duplicates) related to the disposal of property, including vehicles, as well as powers of attorney issued by advance power of attorney, their cancellation or termination are subject to mandatory registration in the Unified Register of Powers of Attorney. Registration is carried out directly by the consul, who has access to this register through the information system of the Ministry of Justice of Ukraine or through the Ministry of Foreign Affairs.
It is important to note that the consul is not authorised to certify powers of attorney for transactions that, according to the law, can only be concluded in person by the principal.
Certification of a power of attorney by a notary
Ukrainians living abroad can also get a power of attorney from a local notary by contacting the nearest notary office.
In this case, the procedure for drawing up and certifying the power of attorney is governed by the legislation of the country of residence. Most often, the power of attorney is drawn up in the language of that country. In order for the document to be legally valid in Ukraine, it may need to be legalised or apostilled, as well as translated into Ukrainian.
An apostille is an official stamp that serves as confirmation of the origin of the document from the specified source. It certifies the authenticity of the signature and seal of a foreign official. This stamp ensures the legal use of documents issued in Ukraine outside its borders and vice versa. The apostille procedure is usually carried out by the Ministry of Justice, but it is recommended to check the details in specific locations.
Another option is to draft the power of attorney in a foreign language, have it certified by a local notary and translate the signed document in Ukraine.
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