It is registered
Ministry of Justice of Ukraine
September 18, 2017
of September 15, 2017 No. 2904/5
About approval of the Instruction about accomplishment in Ukraine Conventions on the international collection of children maintenance and other types of family content
According to the Law of Ukraine "About ratification of the Convention on the international collection of children maintenance and other types of family content", to article 16 of the Law of Ukraine "About international treaties", to subitem 83-4 of Item 4 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228, and for the purpose of ensuring accomplishment in Ukraine of the Convention on the international collection of children maintenance and other types of family content made on November 23, 2007 in the Hague I order:
1. Approve the Instruction about accomplishment in Ukraine of the Convention on the international collection of children maintenance and other types of family content (further - the Instruction) which is applied.
2. (Gayduk V. M.) to provide to department of state registration and notariate accomplishment of the paragraph of the seventh subitem 3 of Item 8 of the Section I of the Instruction.
3. To department of international law (Andreyeva T. V.) submit this order for state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".
5. To impose control of execution of this order on the deputy minister concerning the European integration Petukhov S. I.
Approved by the Order of the Ministry of Justice of Ukraine of September 15, 2017 No. 2904/5
1. This Instruction determines procedure for accomplishment in Ukraine for the Convention on the international collection of children maintenance and other types of family content made on November 23, 2007 in the Hague (further - the Convention) which became effective for Ukraine on November 1, 2013.
2. In this Instruction terms are used in the following values:
the requesting / required Contracting state - the state which signed and ratified subsequently, accepted or approved the Convention, and also the state which joined the Convention after entry into force if Ukraine does not state objection against application of the Convention with this state;
the requesting / required central body - the central body which directs or to which the application provided by the Convention is directed;
competent authority - body in which competence consideration and/or the solution of the questions connected with content collection is referred;
the central body - the body appointed by Ukraine or other Contracting state for fulfillment of duties, provided by the Convention, according to article 4 of the Convention.
The terms "debtor", "creditor", "legal assistance" are used in the values given in article 3 of the Convention.
3. In case of accomplishment of the Convention it is necessary to consider that the clauses stated by the State Parties of the Convention exclude or change action of those provisions of the Convention by which they are stated, for the relevant state.
Texts of statements and clauses of the State Parties of the Convention, and also information on questions of practical application of the Convention are posted on the official site of the Hague conference on private international law of www.hcch.net in the Section devoted to the Convention.
In case of interpretation of provisions of the Convention it is necessary to take its international nature and need to promote its monotonous application (article 53 of the Convention) into account.
4. If in the relations between the Contracting state and Ukraine the Convention and the Convention on recognition and execution of decisions concerning obligations on content made on October 2, 1973 in the Hague, which became effective for Ukraine on August 1, 2008 at the same time is effective or the Convention on collection of the alimony abroad signed on June 20, 1956 in New York, which became effective for Ukraine on October 19, 2006 is applied the Convention. If to recognize and execute in the Contracting state the decision on collection of the alimony (content) passed before entry into force of the Convention based on its provisions is impossible, but it is possible based on provisions of the Convention on recognition and execution of decisions concerning obligations on content of October 2, 1973 or the Convention on collection of the alimony abroad of June 20, 1956 provisions of the last relevant conventions are applied.
5. Taking into account article 19 of the Law of Ukraine "About international treaties of Ukraine" the Convention is part of the national legal system and its provision are applied according to the procedure, provided for regulations of the national legal system.
In case of the solution of question of appeal to the court based on the Convention it is necessary to consider provisions of Sections IV and V of the Convention.
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