Lawyer in you (Tips 16-20)
Tip 16: Admission into home
When representatives of the housing office have a right to enter our homes and when their entrance is legal even without our consent?
We are obliged to open the door of our home to representatives of housing office (or person who provides housing services on contract) only if they have relevant certificates, and only in the following cases:
1) for liquidation of an accident;
2) for installation and replacement of plumbing and engineering equipment, perform maintenance, inspections, etc.
At that, one should remember:
A) housing office representatives should be allowed to visit only in those areas where the equipment for inspection/repair/review is located;
B) unauthorized access is possible only in case of emergency related to saving peoples’ lives and property;
С) in case of unauthorized access the following representatives should be present: of housing office/services organization, of internal affairs authority, of emergency repair team and a resident of any of the adjoining premises;
D) windows and/or doors that were damaged during unauthorized access, should be restored within maximum a day from the date of unauthorized access.
Tip 17: Worn banknotes
Cashier and other employees who receive money from consumers, must accept banknotes and coins of the National Bank of Ukraine (the NBU) in nominal value without restriction (including memorabilia, commemorative coins, worn banknotes and coins).
Only banknotes damaged by fire, water, various liquids or chemicals are not accepted by banks or other entities when less than 55% of ??the banknote remains after acceptance or handling of the banknote. In order to exchange such banknotes natural and legal persons should apply to regional offices of the NBU, which are obliged to take a decision on the exchange of the banknotes or analyse them upon the person’s application.
Banks change unfit for circulation banknotes and coins (worn, much worn and defective) free of charge.
Additional information: at the same time banknotes may be worn and significantly worn. Significantly worn banknotes are likely to be taken only by banks (there are no direct obligations of legal entities to accept such banknotes without limitations).
What banknotes are considered worn? Those which have:
• tears or cuts more than 5 mm, including mended,
• holes and punctures, torn edges or corners of more than 1 square centimetre each,
• abrasions, partial loss of paint on images, fluffy paper, those with no rigidity of paper;
• general or local dirt, stains and labels area of ??over 400 square milimetres, the color of which contrasts with the color of the surrounding image or the unsealed area banknotes;
• stamps of ??over 400 square milimetres, except stamps of redemption.
Worn-out banknotes should be taken without limitation by natural and legal persons for all types of cash payments, for transfers etc.
Significantly worn banknotes are:
• banknotes with lost parts if not less than 55% of its original area remained;
• torn and cut into two or more pieces, including mended, if at least 55% of the remained area belong to one banknote;
• banknotes, compiled (glued) of two different halves of the same value and design banknote, cut in half, with total area of ??at least 92% of the original area of ??the banknote;
• banknotes, damaged by fire, water, various liquids or chemicals that have caused destruction and charred paper in certain areas or the entire area of ??banknotes, if at least 55% of its original area remained (including damaged areas).
Resolution of the Cabinet of Ministers № 833 On approval of Procedure of the trading activity and rules of trade servicing in the market of consumer goods (see clause 23) http://zakon2.rada.gov.ua/laws/show/833-2006-%D0%BF
Resolution of the NBU Board dated 17.11.2004 № 547 "On approval of certain payment and exchange of banknotes and coins of the National Bank of Ukraine" (see paragraphs 2.3-2.7) http://zakon2.rada.gov.ua/laws/show/z1549-04
Tip 18: Who will inherit millions?
Most parents prefer to leave their property to their children instead of distant cousin. What is worth remembering in this case?
If there is no testament, inheritance in Ukraine is carried out according to priority. There are 5 levels of priority and each subsequent level is entitled to inherit only if there are no heirs of the previous level, they were eliminated from the right to inheritance or renounced succession as heirs.
All who belong to the same level of priority inherit in equal shares. Therefore, if there are 4 heirs of one level (mom, dad, wife and child of the testator) and inheritance makes a million, then each of the four will receive 250,000. And heirs of next levels will get nothing.
The levels of priority are the following:
Level 1: testator’s children, spouse and the parents.
Level 2: testator’s brothers and sisters, his grandmothers and grandfathers.
Level 3: testator’s uncles and aunts.
Level 4: a person who lived with the testator as a family at least five years before the time of opening of the inheritance.
Level 5: other relatives up to the sixth degree relatives, dependents of the testator, who were not members of his family.
Level 6: the state.
It should be remembered that the heirs can change the size of their parts by verbal agreement (for movable property) or by contract (for real estate).
Document: The Civil Code of Ukraine, Part 86.
Tip 19: Where to find the truth about consumer credit?
"0" as the first payment and just "xx" monthly payment? Advertising is different from real payments that on consumer credit can easily reach 100% annual interest rate and more. Why is this happening?
Because we do not check.
The interest rate may be nominal (stated in advertisement, website, etc.) and effective (real, which includes all additional charges: notary fees, appraiser, insurer, etc.). Banks are required to indicate the effective rate, but often do not. And borrowers don’t recalculate or check.
Where to look for the truth? The truth is in the contract that a bank offers to sign and in regulations of the bank. A lot of small print letters do not invite to read the contract, but there is no other way to know the truth. Experiments show that most people fall for simple tricks just because they don’t read the contract.
• clarify the additional payments and commissions (for the issuance of credit cards, loan repayment, etc.) and ask the manager to show the relevant clauses of the contract,
• recalculate all interest and charges, to bring the total amount of payments,
• clarify the cases and amounts of penalties.
There are no guarantees that the manager's response will be accurate or truthful. Double check everything yourself in the agreement and the rules of the bank.
Legislative acts: the Law of Ukraine "On Protection of Consumers' Rights", Art. 11, http://zakon2.rada.gov.ua/laws/show/1023-12;
Regulation of the National Bank of Ukraine № 168 of 10.05.2007 http://zakon2.rada.gov.ua/laws/show/z0541-07
Tip 20: What penalties await us?
Today in Ukraine a lot of penalties remain light, ridiculously low. But, nevertheless, it is useful to know their size. Here are the most common penalties:
• violation of traffic rules by pedestrians - 51-85 Hryvnias, by cyclists - 85-136 Hryvnias, and in a drunken state - from 136 to 170 Hryvnias, for creation of an accident risk - from 170 to 255 Hryvnias or community service for a period of twenty to forty hours,
• smoking in non-smoking places - from prevention to 170 Hryvnias, for repeated violation within a year - up to 340 Hryvnias, but for smoking on the train or subway, and may well be fined for 340 Hryvnias,
• drinking beer or alcoholic beverages in the wrong places - from warning to 85 Hryvnias, for repeated violation - up to 119 Hryvnias, for third and further violation - up to 136 Hryvnias, or community service for a period of twenty to thirty hours, or correctional labor for a term of one to two months, with deduction of twenty per cent of salary, or administrative arrest for up to fifteen days,
• dog walking without a leash and a muzzle or at prohibited areas-from warning to 51 Hryvnias (if no one was hurt), but for repeated violation - up to 85 Hryvnias with confiscation of the animal!
Non-fulfillment of captain’s orders on the plane may cost more - up to 3400 Hryvnias, violations of photo or video restrictions on the plane, rules on radio communications - up to 5100 Hryvnias.
Legislative act: the Code of Administrative Violations, http://zakon2.rada.gov.ua/laws/show/80731-10/print1334299314302666