How should documents issued in Ukraine be properly certified for use abroad? What rules apply to countries with which Ukraine has bilateral agreements, and what should be done if no such agreement exists? What are the requirements of the 1961 Hague Convention, and how does consular legalization work?

Alexander Hubin, a member of the Civil, Family, and Inheritance Law Committee of the Ukrainian Bar Association (UBA) and an attorney at AGA Partners, provides answers to these and other questions in his analytical article for the legal information portal LIGA ZAKON – YURLIGA.

International Treaties May Set Specific Requirements for Official Documents Within Their Jurisdictions

Today, the world is more interconnected than ever before. Traveling between countries is significantly easier than it was a century ago, resulting in stronger personal and professional ties that often cross borders. As a result, there is an increasing need to use documents issued in one country within another. However, these documents must meet certain requirements to be recognized or accepted abroad. This article focuses on the proper certification of Ukrainian documents to ensure they are readily accepted by foreign authorities without unnecessary barriers or complications.

Bilateral or Multilateral Agreements

Before approaching the relevant Ukrainian government agencies for document certification, it is crucial to first determine the country in which the Ukrainian document will be used and then check the existing treaty framework between the two nations. Fortunately, this information is publicly available online and does not require professional legal expertise.

Why is this important? Ukraine has concluded numerous bilateral agreements on mutual legal assistance in civil matters. These agreements often include specific provisions or sections that regulate the requirements for official documents and their mutual recognition within the jurisdictions of the signatory countries.

For example, the legal assistance agreement between Ukraine and the Republic of Cyprus contains Article 13, titled "Validity of Documents," which states:

1. Documents issued, certified, or authenticated and bearing an official seal within the territory of one contracting party, or their certified copies, are not subject to legalization within the territory of the other contracting party.

2. Documents issued by official bodies of one contracting party have the same evidentiary value in the territory of the other contracting party.

This means that to use Ukrainian documents in Cyprus, it is generally sufficient for the documents to bear an official seal, with no further certification required, except perhaps translation into the local language.

Additionally, until December 29, 2023, Ukraine was a party to the Convention on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters, which contained similar provisions to those mentioned above in the agreement with Cyprus. However, Ukraine has since withdrawn from this international treaty.

What if No Such Treaty Exists?

The 1961 Hague Apostille Convention

In the absence of a bilateral or multilateral agreement, the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (hereinafter the "1961 Convention") becomes relevant. This multilateral treaty, to which Ukraine is a signatory, entered into force for Ukraine on December 22, 2003, significantly simplifying the certification process for Ukrainian citizens using their documents abroad.

An up-to-date list of the Convention’s member states can be found on the official website of the Hague Conference via this link.

Under this Convention, official documents intended for use in the territories of the member states must bear a special "Apostille" stamp, affixed by the competent authority in the state where the document was issued. Once a document has been apostilled, it requires no further certification (legalization) and is freely accepted by the relevant authorities in other member states of the Convention.

It is also worth noting that the 1961 Convention stipulates that if bilateral or multilateral agreements exist that simplify or eliminate the need for such certification, the apostille requirement may be waived. This includes agreements that abolish the legalization requirement altogether, as discussed earlier.

The Annex to the Convention includes a sample of the apostille itself. Typically, the apostille is affixed on a separate sheet that is stapled or otherwise securely attached to the document it certifies.

Under the Cabinet of Ministers of Ukraine Resolution No. 61 dated January 18, 2003, the following Ukrainian government bodies are authorized to affix apostilles:

• Ministry of Internal Affairs – for documents issued by the Ministry and its territorial bodies, except those related to education and science;

• Ministry of Education and Science – for official documents issued by educational institutions, government agencies under its supervision, and other entities providing educational services;

• Ministry of Justice – for documents issued by judicial authorities, state archives, and notaries;

• State Migration Service – for documents related to migration, including immigration and emigration, issued by the Service and its territorial bodies;

• State Tax Service – for documents issued by the Tax Service and its territorial bodies;

• Ministry of Foreign Affairs – for all other types of documents.

Since January 1, 2023, the distribution of apostille certification authority among these bodies has been updated, with the Ministry of Internal Affairs, State Migration Service, and State Tax Service now responsible for some of the documents previously handled by the Ministry of Foreign Affairs.

To obtain an apostille from the Ministry of Justice, applicants can approach any civil registry office (RACS) in Ukraine or directly contact a notary, who also serves as a front office for apostille services.

The detailed rules for affixing apostilles on official documents intended for use abroad are set out in Order No. 125/209/293/139/999/5 dated March 17, 2023. Before applying for an apostille, it is advisable to review Section 3 of these Rules, which lists documents that are not eligible for apostille certification.

Consular Legalization

Finally, for countries without any bilateral or multilateral agreements with Ukraine, consular legalization remains an option. This procedure, regulated by the Instruction on Consular Legalization of Official Documents (Order No. 113, June 4, 2002, of the Ministry of Foreign Affairs of Ukraine), involves confirming the authenticity of the original official document or the signatures of authorized officials, as well as the validity of stamps and seals, without certifying the document’s content.

After consular legalization, the document must be further authenticated by the diplomatic mission of the country where it will be used.

In Conclusion

Although the process of certifying documents for use abroad may seem complex, a systematic approach can make it manageable. Ultimately, this will result in documents that are ready for international use. While no specialized legal knowledge is required, professional intermediaries and companies are available to assist with this "international" certification process, if needed.