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DISCLAIMER: THE INFORMATION IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A SPECIFIC CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO THE APPROPRIATE FOREIGN AUTHORITIES OR FOREIGN COUNSEL.
Ukraine is a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters. Complete information on the operation of the Convention, including an interactive online request form are available on the Hague Conference website. Requests should be completed in duplicate and submitted with two sets of the documents to be served, and translations, directly to Ukraine’s Central Authority for the Hague Service Convention. The person in the United States executing the request form should be either an attorney or clerk of court. The applicant should include the titles attorney at law or clerk of court on the identity and address of applicant and signature/stamp fields. Ukraine formally objected to service under Article 10, and does not permit service via postal channels.. For additional information see the Hague Conference Service Convention web page and the Hague Conference Practical Handbook on the Operation of the Hague Service Convention. See also Ukraine’s response to the 2008 Hague Conference questionnaire on the practical operation of the Hague Service Convention.
Service on a Foreign State: See also our Service Under the Foreign Sovereign Immunities Act (FSIA) feature and FSIA Checklist for questions about service on a foreign state, agency or instrumentality.
Service of Documents from Ukraine in the United States: See information about service in the United States on the U.S. Central Authority for the Service Convention page of the Hague Conference on Private International Law Service Convention site.
Prosecution Requests: U.S. federal or state prosecutors should also contact the Office of International Affairs, Criminal Division, Department of Justice for guidance.
Defense Requests in Criminal Matters: Criminal defendants or their defense counsel seeking judicial assistance in obtaining evidence or in effecting service of documents abroad in connection with criminal matters may do so via the letters rogatory process.
Ukraine is a party to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. The Central Authority for Ukraine for the Hague Evidence Conventiondesignated to receive letters of request for the taking of evidence is the Ministry of Justice. See the Hague Evidence Convention Model Letters of Request for guidance on how to prepare a letter of request. Requests for compulsion of evidence under the Hague Evidence Convention are transmitted directly from the requesting court or person in the United States to the Ukraine Central Authority and do not require transmittal via diplomatic channels. Requests should be submitted in duplicate with Ukrainian translations. For more information see the Ukraine Declarations and Reservations regarding the Hague Evidence Convention and Ukraine’s response to the 2008 Hague Conference questionnaire on the practical operation of the Hague Evidence Convention.
Requests from Ukraine to Obtain Evidence in the United States: The U.S. Central Authority for the Hague Evidence Convention is the Office of International Judicial Assistance, Civil Division, Department of Justice, 1100 L Street N.W., Room 8102, Washington, D.C. 20530.
Ukrainian authorities have informed the U.S. Embassy that depositions of U.S. citizen willing witnesses are allowed without obtaining the permission of Ukrainian authorities. Permission from the Ukraine Central Authority for the Hague Evidence Convention is required to take voluntary depositions of willing witnesses who are Ukrainian nationals or third country nationals. Telephone and video teleconference depositions from the United States of witnesses in Ukraine are also permitted with the same conditions. The deposition of a witness without interposition of Ukrainian authorities is not prohibited unless it abridges the rights or interests of Ukrainian citizens. If Ukrainian authorities become aware that the rights or interests of a Ukrainian citizen were violated, the person who was taking the deposition will not be allowed to enter Ukraine in the future. Depositions can take place at any location, including a hotel, office or the U.S. Embassy. Oral depositions or depositions on written questions may be taken by U.S. consular officers or by private attorneys at the U.S. Embassy or at another location such as a hotel or office, either on notice or pursuant to a commission. If the services of a U.S. consular officer are required to administer an oath to the witness, interpreter and stenographer, such arrangements must be made in advance with the U.S. embassy directly.
Ukraine is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents. Ukraine’s competent authority for the Hague Apostille Convention will authenticate Ukrainian public documents with Apostilles. For information about authenticating U.S. public documents for use in Ukraine, see the list of U.S. Competent Authorities. To obtain an Apostille for a U.S. Consular Report of Birth Abroad of a Citizen of the United States of America, contact the U.S. Department of State, Passport Services, Vital Records Office.