Publication date: 25.04.2025
Vitalii Mahanets provides legal services and sworn translations in Poland. He specializes in civil, criminal, notarial, business, and comparative law. With over 2 years of experience, he offers document translations and interpreting during official procedures. He prepares notarial powers of attorney for use in Ukraine with full support. Professionalism, precision, and respect for the client are the core of his work.
Notarial Power of Attorney for Use in Ukraine Through a Foreign Notary
Case Description
In our practice, we have repeatedly encountered situations where our clients, Ukrainian citizens living abroad, turned to us to arrange legal documents, including notarial powers of attorney, to delegate their rights to representatives in Ukraine. One such case involved a Ukrainian citizen temporarily staying in Poland, who reached out to us to arrange a power of attorney so that his representative in Ukraine could handle matters requiring legal presence.
The purpose of this power of attorney was to delegate authority to perform certain legal actions, such as signing documents, representing interests in court, and resolving important business matters. Since our client was physically absent from Ukraine, it was necessary for him to prepare the document abroad, ensuring its legal validity for subsequent use in Ukraine.
The process of preparing the power of attorney through a foreign notary includes several stages, each of which is important to ensure the document complies with both Ukrainian and international legal requirements.
Stages of Preparing a Notarial Power of Attorney for Use in Ukraine
The process consisted of several consecutive steps, each of which was crucial for the proper preparation and subsequent use of the document in Ukraine.
- Preparing the Power of Attorney in Poland: One of the first steps was to approach a Polish notary to prepare the original power of attorney. For this, the client provided all necessary details clearly specifying which powers he was delegating to his trusted representative. After the document was drafted, the notary certified the client's signature, confirming the authenticity of the signed document. In Poland, for a notarial act to be recognized in another country, the notary must complete several legal procedures, such as ensuring the document is suitable for international use.
- Translating the Power of Attorney into Ukrainian: Since the power of attorney needed to have legal force in Ukraine, translating the document into Ukrainian was a crucial part of the process. A sworn translator with experience in legal matters and knowledge of legal terminology was involved. Every word in the translation was important because any inaccuracies could lead to problems with using the document in Ukraine. The translation was completed in accordance with all requirements, after which the translated document was certified by the translator's signature and seal.
- Certifying the Translation by a Notary in Poland: Certifying the translation by a Polish notary was an important step to confirm its legal validity. The notary certified the authenticity of the translation and its compliance with the original document. This was a necessary step to ensure that the document prepared in Poland had legal force for use in Ukraine. Notary certification of the translation is an additional confirmation that the document has the proper form for international application.
- Apostille or Legalization of the Document: To ensure that the power of attorney prepared in Poland was recognized in Ukraine, the apostille procedure had to be completed. Apostille is an international mechanism for confirming the authenticity of a document, applied by the countries party to the Hague Convention. The original power of attorney, certified by the notary, was submitted for apostille, and the translation also underwent apostille for confirmation of its compliance with the original.
- Sending Documents to Ukraine: After completing the apostille procedure, the documents were sent to Ukraine for further use. The documents were dispatched via international postal services, ensuring the integrity and preservation of the documents at all stages of delivery.
- Using the Power of Attorney in Ukraine: After receiving the documents in Ukraine, the client's representative was able to use the power of attorney to perform all necessary actions. It was important that the power of attorney was legally valid in Ukraine, as it had been properly prepared according to both international and national requirements.
Required Documents for Preparing a Power of Attorney Abroad:
- Original passport or other identity document.
- Original power of attorney prepared abroad.
- Translation of the document into Ukrainian.
- Certification of the translation by a sworn translator.
- Certification of the document by a notary in the country of residence.
- Apostille or legalization, if required for use in Ukraine.
Key Stages:
Preparing the Power of Attorney Abroad: Signing and certifying the document.
Translation and Certification: Accurate translation into Ukrainian and certification by a translator.
Apostille and Legalization: Official confirmation of the document's legitimacy for use in Ukraine.
Question
Do I need to apostille a document if it was prepared abroad?
Answer
Yes, in order for a document prepared abroad to have legal force in Ukraine, it must be apostilled or legalized according to international requirements.
Question
What are the specifics of translating legal documents?
Answer
Translating legal documents requires high accuracy and fidelity to the original. It is essential that the translator has experience in legal matters and understands the nuances of legal terminology.
The preparation of a notarial power of attorney for use in Ukraine through a foreign notary is a complex process that requires precise execution of all legal requirements. Involving experienced lawyers and sworn translators ensures the successful resolution of this matter, guaranteeing that the power of attorney will be recognized in Ukraine. The client was able to successfully exercise his rights and carry out necessary legal actions while being abroad, thanks to the well-organized process of document preparation and legalization.
This case demonstrates how legal issues can be effectively resolved even when a person is abroad, and how properly organized preparation of notarial documents not only ensures their legality but also provides confidence in handling important matters in another state. Our company is always ready to provide comprehensive assistance in resolving such issues, from consultations to full support in the preparation of legal documents on an international level.
Thus, proper and timely preparation of the power of attorney is the key to its validity and legality, allowing our client to freely delegate their authority and resolve important matters while abroad. It also emphasizes the importance of understanding the nuances of international law and legal procedures to achieve the most effective results.
