Legal advice and assistance for the protection of rights and legal positions acquired abroad
in Ukraine and vice versa.
 

Too often it happens that a citizen has previously acquired a right abroad and wants to use it in Ukraine. In technical jargon it is defined as wanting to spend one's right or position abroad and specifically in Ukraine.

The foreign citizen in Ukraine almost systematically receives hasty and clear refusals from the authorities in Ukraine when he asks to be able to exploit the prerogatives obtained abroad.

The most significant cases are the protection of trademarks, patents, certifications, qualifications, authorizations and administrative concessions (for example the driving licence), the possibility of using one's own vehicles and machinery in Ukraine, the purchase or sale of goods and many other examples.

Likewise, on the contrary, it happens that rights acquired in Ukraine are not implemented by foreign authorities.

This international law firm has too often found that the denials are not the result of real legal impediments, due to incompatibility between the respective legal regimes (Ukraine/foreign state), but from the receiving authorities' lack of knowledge of the actual usability of the rights already purchases abroad in Ukraine. Simply put, officials do not want to take responsibility, as it is a specific and niche subject.

For this reason, LegalGB Law Firm has examined in depth the rules of contrast and integrated law from the point of view of Ukrainian, community and common law, in order to better manage uncertain situations in the area in question.

On a legal level, both from abroad and from Ukraine, there are different ways of regulating and resolving concrete issues. What is lawful on one side is not always lawful on the other. This is known and can only be managed by those who consistently practice both legal regimes in a professional manner. For example, direct divorce is legal in Ukraine and not in many foreign countries, like the marriage contract. Furthermore, some behaviors are not criminally punished in Ukraine unlike abroad, such as the case of international parental child abduction. Therefore, not being supported in a State or being supported by those who do not practice the profession in an integrated manner both in Ukraine and for example in Italy, is equivalent, in fact, to being left without protection. Finally, on this point, it seems clear that a lawyer who practices mainly in Ukraine, in addition to guaranteeing preparation in Ukrainian law, having the possibility of practicing the legal profession both in the European Union and in Ukraine, does not risk the so-called "conflict of interest territorial", which occurs when the professional, at least in intention, does not want to lose the practice or share it with others, seeing his income reduced.

The result of the approach of providing clients with an integrated offer of legal services between Ukraine and Italy offers the following advantages:

benefit from coordinated, efficient management, above all not in conflict between the two legal regimes and receiving, at the same time, highly professional assistance in both systems. In simple words, when a problem emerges for example in Italy or Ukraine, there is no alternative but to be followed artfully and in a concerted manner in both States. 

To be able to practice the legal profession in a State, it is necessary to demonstrate qualifications, abilities and pass qualifying exams to practice as a lawyer. The news is full of people who have ended up on trial for activities carried out in an apparently legal manner in Ukraine or of Ukrainian marriages and divorces not registered by the Public Administration abroad due to pathologies in the process followed and resulting documents or situations in the legal field, dramatic, occurred to foreigners in Ukraine;

avoid rejection of the legal position acquired abroad. A typical case is that of those who have obtained a subjective right in Ukraine and it is not recognized abroad. For example, the lack of recognition of the legal effect of a marriage or divorce, of educational qualifications, of authorizations and concessions, a typical example is the impossibility of circulating with a certain foreign driving license or insurance policy in a third country.