Having the experience in this matter, we can call the procedure of apostille affixing on a judgment as one of the most difficult. This is explained by the fact that there are many requirements for the document itself.
The authority, which is authorized to affix the apostille on a judgment in Ukraine, is Ministry of Justice. If we consider the procedure of apostillization, then the apostille on a judgment is affixed just on the document original, which you received from the court authority. And you need to legalize this judgment on the notarized copy, this concerns the countries, which have not signed the Hague Convention.
Upon apostillization the document authenticity, the seal authenticity, as well as the signatures of the judge, who certified the document, are checked.
For a start you need to know that the judgment original is always kept in the court archive, and to the parties is issued the copy certified by the judge. It is necessary to affix the apostille just on it.
What difficulties arise out upon the judgment certification by the apostille?
The judgment is one of those documents, which the Ministry very often returns for the renewal or additional registration.
To the most common errors upon the apostille affixing on the judgment can be attributed the inconsistence with the standards of the Ministry of the following elements: signature, seal, surname, name, patronymic of the judge, "true copy", "according to the original", "the original is kept in the court archive" and other mandatory inscriptions.
So, let’s examine each element in detail.
Specimen of the judge’s signature
All courts of Ukraine send the signatures specimens of the current judges in Ministry of Justice. Upon the judgment submission for apostillization, the judge’s signature is checked against the specimens sent in Ministry of Justice. If there are any differences – the apostillization is rejected.
Advice: If you take in the court the judgment copy, be sure to check if it is certified by the signature of the judge, whose (signature) was sent by the Office in Ministry of Justice. Often there are the cases when there is no specimen of the judge’s signature in Ministry of Justice. Sometimes happens (though very seldom), that the judge has a little changed the signature, in this case you would have been rejected upon the documents submission for apostille.
Specimen of the seal
The situation is similar as with the signature. There are the cases when the seal has been changed, but the Ministry archives haven’t it (only the official seal is needed).
Important: The Ministry means the Legalization Department in this Ministry. The judgments, in which the signature or the seal does not correspond to the specimens, which are in the database of the Ministry, the Ministry can make the inquiry if you do not want to independently apply to the court with this problem.
On the judgment was affixed not the judge’s signature, but of his/her substitute
This may look like this:
/Judge … (signature) … V.S. Ivanov.
«/» before the signatory’s title says that his/her substitute has signed.
The signature of such kind upon the judgment apostillization is not allowed.
Advice: If the court says that this is normal and they always do like this - insist that they have written the exact title and name of the judge, otherwise you risk losing time and money due to the incorrect registration.
Presence of all obligatory elements of the judgment
For the successful apostillization of the judgment the following data shall be present on it:
- «True copy»
- «According to the original»
- «The original is kept in the court archive»
- «The judgment came into legal force»
- The judge’s signature
- The official seal
- The judge’s name
The presence of all aforesaid data is obligatory, because you will be rejected in the judgment apostillization upon the absence of one of these items.
How to affix the apostille on the judgment with guarantee?
In this article we have listed the main problems that the people face upon the judgment apostillization, however, this list is incomplete. Many times the clients came to us after the unsuccessful attempts to independently affix the apostille on the judgment, therefore, we more than anyone know all niceties and nuances of this procedure.
Do not want to spend extra time and money – apply to Jur Klee, we will help you to apostille any document, just contact us!
Order at us the procedure of affixing the apostille mark on the judgment!