Apostille (Apostil) Services and Document Legalizations

Apostille

If the document is intended for use in a foreign country it has to be legalized (another word is “authenticated”) for use abroad. This is a process when the various seals are placed on the document. The legalization procedure basically depends on one factor: whether the target country has joined The Hague Convention. In this case, the only legalization required is an Apostille certification. /Apostille is a French word which means certification/. A document bearing an Apostille is valid in all countries of the Hague Convention.

Since December 22, 2003, Ukraine has been a participant of the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Hague Convention ). The Convention provides for the simplified certification of public (including notarized) documents to be used in countries that have joined the convention. Under the Hague Convention, signatory countries have agreed to recognize public documents issued by other signatory countries if those public documents are authenticated by the attachment of an internationally recognized form of authentication known as an "apostille ". The Apostille ensures that public documents issued in one signatory country will be recognized as valid in another signatory country.

There are currently over 60 member states of the Hague convention and in addition to those countries many other countries will also recognize an Apostille certificate (follow the link to a list of these countries ).

The sole function of the Apostille is to certify the authenticity of the signature on the document; the capacity in which the person signing the document acted; and the identity of any stamp or seal affixed to the document. This simplified form contains standardized numbered fields of certain common and essential types of information, which allows the data to be understood by all participating countries regardless of the official language of the issuing country. The Apostille can not exist as a separate document; it is valid only together with the document to which it is attached.

The Convention applies only to public documents. The following documents are considered to be public documents in accordance with the Hague Convention (documents for public use), and an Apostille may be affixed to them:

• Documents issued by organizations or officials associated; with courts or state tribunals, including documents issued by a public prosecutor, court secretary, or bailiff;
• Documents certified by a notary public;
• Documents of administrative (executive) authorities;
• Official validating endorsements, placed on documents signed by individuals acting in a personal capacity, such as official certificates of the registration of a document or of its existence on the date indicated, as well as official and notarial verifications of signatures.

However, 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.

The main examples of public documents for which an Apostille are issued in practice include marriage, birth, death certificates; extracts from commercial registers and other registers; patents; court rulings; notarial acts and notarial attestations of signatures; academic diplomas issued by public institutions. Diplomas issued by private institutions may not be apostillised directly; a "private" diploma may, however, bear an official certificate issued by a notary, Solicitor, Agency or any other person or authority competent under the law of the State of origin of the diploma to authenticate the signature on the diploma. This official certificate is a public document under the Convention and thus may be apostillised. In such a case the Apostille does not relate to the diploma itself; instead it certifies the authenticity of the certificate on or accompanying the diploma.

List of the countries-participants of the Hague Convention - the 'Apostille' regime:

More detailed information about the countries-participants of Hague Convention you can find on their official site www.hcch.net

Embassy Legalization of the foreign documents for Ukraine

If the country where the document will be used is not a party to the Convention (non-HLC-Countries), you will need "Embassy (Consular) Legalization" ("Chain Authentication"). "Embassy (Consular) Legalization" of official documents is a procedure of confirmation of the validity of originals of official documents or certification of authenticity of signatures of the officials, authorized to certify the signatures on documents, and also the validity of prints of stamps, seals by which the document is fastened.

1. The Consular Service Department of Ministry of Foreign Affairs of Ukraine legalizes the following documents:
   • • originals of official documents of the latest Ukrainian pattern issued by civilian state registry offices and authenticated by the Department of Justice in the region they were issued; by the Department of Justice of the AR of Crimea; by municipal Department of Justice in the city of Kiev and Sevastopol;
     • copies, translations and other documents certified or issued by notaries public and authenticated by the Ministry of Justice of Ukraine;
     • originals of documents issued by the Ministry of Internal Affairs concerning the criminal records;
     • copies of diplomas issued to the Ukrainian and non-Ukrainian citizens certified by a notary and by the Ministry of Justice of Ukraine;
     • originals of diplomas of higher education issued to the foreign students with the covering letter-statement authenticated by the Ministry of Education of Ukraine;
     • originals of documents issued by Diplomatic missions and the Consular offices of foreign countries in Ukraine;
     • originals of documents issued to the Ukrainian citizens by Diplomatic missions and the Consular offices of Ukraine in foreign countries to be used in other countries.

   After legalization in the Consular Service Department of the Ministry of Foreign Affairs in the city of Kiev the documents have to be authenticated by Diplomatic missions and the Consular offices of the foreign country where these documents are supposed to be used.

2. The Consular Service Department of the Ministry of Foreign Affairs in Ukraine does not legalize documents handed on the territory of other countries. If there is no a Consular Office of Ukraine on the territory of the document's origin such document have to be authenticated in the Representative office of the Ministry of Foreign Affairs in Kiev provided that this document was authenticated in the Ministry of Foreign Affairs of the country of the document's origin and in the country's Consular office in Ukraine.
   
   
3. Documents from a natural person can be legalized on condition that the passport or another identifying document is provided; to legalize a family status certificate the civil passport is required. If the document to be legalized belongs to a third person the owner must p provide him or her with the power of attorney certified by the notary. A foreign notary's certificates have to be authenticated by a Consular office of Ukraine in the country of its issue.
   
   
4. Documents from a legal person can be legalized on condition that an application letter (prepared on a special blank, with stamps and seals) with the list of documents to be legalized, the purpose of legalization and the information of the person applying are provided. The Consular Service Department may demand confirmation of the data mentioned in the document if necessary.

All the citizens who file the documents for legalization should fill in an application form

The rules of consular legalization at the Consular offices of foreign countries acting in Ukraine can be obtained only in these institutions.

List of the countries where legalization is not required:

Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cuba, Czech Republic, Estonia, Hungary, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Macedonia, Moldova, Mongolia, Poland, Russian Federation, Romania, Tajikistan, Turkmenistan, countries of former Yugoslavia (except Slovenia and Croatia).