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CERTIFICATION OF PUBLIC DOCUMENTS
The Convention, abolishing the requirement of consular legalization for foreign public documents, came into force for Ukraine on December 22, 2003.
The present Convention shall apply to public documents which have been executed in the territory of one contracting State and which have to be produced in the territory of another contracting State. Special certification called “Apostille” (hereinafter - apostille) is affixed to these documents.
Documents completed with an apostille certification must be submitted directly to a member nation to the Convention (the list is enclosed) without any further action or certification (consular legalization).
This procedure applies to the relations between Ukraine and other Member-states to the Convention except Germany which raised an objection to Ukraine’s joining to the Convention in accordance to Article 12 of the Convention.
Consular legalization is still valid for Germany and other non-Member-states to the Convention.
The present Convention shall not apply:
a) to documents executed by diplomatic or consular agents;
b) to administrative documents dealing directly with commercial or customs operations.
According to the Instruction of the Cabinet of Ministers of Ukraine of 18/01/2003 # 61 “On Authorization for Apostille certification for public documents” an apostille for the documents issued in Ukraine is placed by:
· the Ministry of Science and Education of Ukraine – for public documents issued by the educational institutions, state bodies, enterprises, offices and organizations in the field of education and science.
· the Ministry of Justice of Ukraine – for documents issued by the judicial bodies and courts and also for the documents issued by the public notaries in Ukraine.
· the Ministry of Foreign Affairs of Ukraine – for all other types of documents.
Аpostille is placed to:
· documents issued by a state court of Ukraine;
· for the documents issued by the prosecutors’ offices, judicial bodies of Ukraine;
· administrative documents;
· for the documents on education and academic status;
· documents executed before a notary public;
· official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures.
The updated information on the list of Member-states to the Convention is placed at the web-site of the Hague Conference on International Private Law http://www.hcch.net.
Consular fees for apostille certification shall be paid directly in the bank office located in the Ministry of Foreign Affairs, upon documents subjects to legalization have been handed in:
· 51 Hrn for documents of private persons;
· 85 Hrn for documents of legal entities.
Please apply for the information on apostille certification to:
The Ministry of Foreign Affairs of Ukraine:
Postal address: 2, Velyka Zhytomyrska St., Kyiv, 01018
E-mail: cons_vld@mfa.gov.ua, cons_sld@mfa.gov.ua
Phone: +38 (044) 238-16-69
Web: www.mfa.gov.ua
The Ministry of Justice of Ukraine:
Postal address: 10, Rylskyi Lane, Kyiv, 01025
Phone: +38 (044) 271-16-01; +38 (044) 271-16-18
Web: www.minjust.gov.ua
The Ministry of Education and Science of Ukraine:
Postal address: 10, Pobedy Av., Kyiv, 01135
Phone: +38 (044) 486-24-38; +38 (044) 486-71-92
Web: www.mon.gov.ua
INSTRUCTION FOR THE LEGALIZATION OF DOCUMENTS BY THE MINISTRY OF FOREIGN AFFAIRS OF UKRAINE
1. The Directorate General for Consular Service of the Ministry of Foreign Affairs of Ukraine pursuant to the Vienna Convention on Diplomatic Relations (1963), the Consular Statute of Ukraine, approved by Decree of the President of Ukraine 127/94, conducts legalization of documents issued by official bodies of Ukraine directed for circulation abroad. Since Ukraine is not a Party to the Hague Convention abolishing the Requirement of Legalization for Foreign Public Documents, the chain legalization procedure is in use on the territory of Ukraine.
2. The Directorate General for Consular Service legalizes the following documents:
· original public documents of new Ukrainian sample, issued by authorities registering acts of civil state, certified by regional Department of the Ministry of Justice in the region (oblast') of their issuance; Department of Justice in the Autonomous Republic of the Crimea; Municipal Departments of Justice in Kyiv and Sevastopol; Central and Livoberezhnyi Authorities registering acts of civil state.
· original documents of education (diplomas, certificates of degree etc.) of international sample shall be legalized if the application letter of the Higher Educational Institution issuing such document is provided. This letter should be certified by the Ministry supervising such Institution.
· copies, translations and other documents, certified or issued by State notaries. These documents should be certified by the Ministry of Justice of Ukraine.
Upon legalization by the Directorate General for Consular Service, public documents should be certified by diplomatic mission or consular post of the State wherein they will be used.
3. The Directorate General for Consular Service shall not legalize documents, executed in a foreign State. Such documents should be legalized by Ukrainian Consular Post in a State from which such documents emanate. In case there is no Ukrainian Consulate in such a State, foreign documents could be legalized by the Directorate General for Consular Service of the Ministry of Foreign Affairs of Ukraine after being certified by the Ministry of Foreign Affairs of the State (or other body authorized to certify the documents designated for use abroad) from which they emanate and by a Consular Post of such State, representing this State in Ukraine.
4. Documents belonging to natural persons (citizens) shall be accepted for legalization only if a passport or any other document identifying person is provided; as far as the legalization of documents certifying marital status is concerned, a national passport is required. When handing in documents for legalization belonging to or written out for another person, an applicant should present notaries letter of attorney issued by the owner of these documents. A letter of attorney, issued by competent bodies of foreign State should be certified in Ukrainian Consulate in this State.
5. Documents of legal entities shall be accepted if the application letter on a blank with a requisite and a seal of the enterprise. Such application letter must contain: a list of documents, purpose for legalization of documents, information about a person authorized to hand in documents. Where necessary the Directorate General for Consular Service may require other (additional) documents to ascertain the facts indicated in documents subject to legalization.
6. All citizens handing in their documents for consular legalization shall fill in an application form.
7. Consular fees for legalization shall be paid directly in the bank office located in the Ministry of Foreign Affairs, upon documents subjects to legalization have been handed in:
· 17 Hrn for documents of private persons;
· 85 Hrn for documents of legal entities.
8. In the case of legalization on urgent procedure the double consular fee is to be paid.
9. The Division of Legalization of the Directorate General for Consular Service is open during all working days:
· reception of documents – 9.00-12.00;
· collecting hours – 16.00-17.00 (Friday – 16.00-16.30);
· Address of the Directorate General for Consular Service of the Ministry of Foreign Affairs: 2, Velyka Zhytomyrska St., Kyiv, 01018;
· Telephone number for other inquiries: +38 (044) 238-16-69;
· Fax: +38 (044) 238-16-69; +38 (044) 253-94-93.
10. The rules of consular legalization in foreign Consular Posts based in Ukraine may be obtained only in these Consular Posts.
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