Everyone in their life heard about the Certificate of criminal record or even had an opportunity to make it. Non-conviction certificate is always in the lists of necessary documents for public officials, lawyers, and of course foreigners.
Under the Decree of the Ministry of Internal Affairs of Ukraine № 1256 “On the organization of access to the information of the personal information system of the unified information system of the Ministry of Internal Affairs of Ukraine”, the certificate of criminal record (Certificate) is the document, confirming that the person (citizen of Ukraine or foreigner, who is on the territory of Ukraine):
- Is/is not prosecuted;
- Has available/absent convictions or restrictions provided by the criminal procedure law;
Certificates of criminal record are often required in various lists of documents for Ukrainian citizens and foreigners. Certificates are issued by the territorial service centers of the Ministry of the Interior Affairs, which can be found in each city. Recently, these Certificates can be ordered online.
It is possible to receive a Certificate of criminal record for:
- law enforcement bodies;
- courts of all instances;
- public athourities and their territorial bodies, local athourities;
- individuals (from the age of 14).
Common procedures which require the Certificates:
– getting the immigration permit for a foreigner;
* (it should be noted that this procedure also requires the Certificate of criminal record from the country of a foreigner’s citizenship or last domicile. The nuances of obtaining the foreign non-conviction certificate are discussed below).
– obtaining the Bar Certificate;
– employment (refers to certain types of positions, mainly required for the public officials);
– registration of employees for work abroad;
– in certain cases for traveling abroad (for example, business trips, etc.);
– registration of adoption or guardianship (custody), forming a foster family or family-type orphanage;
– registration the documents for the social security institutions;
– registration of the gun permit or license for work with explosives;
– registration of a license for work with drugs, psychotropic substances and precursors;
– to participate in the tender;
– registration of citizenship;
– registration or renewal of documents;
– submission to the military commissariat;
– presentation at the place of demand, etc.
List of the documents for obtaining the Certificate:
- Application Form with applicant’s personal data and purpose of obtaining the Certificate (such request can be filled in directly at the service center of your city or online at hsc.gov.ua using an electronic digital signature or Bank ID);
- Passport of a citizen of Ukraine and its copy (if the applicant is a foreigner, one should submit a translation of his passport in Ukrainian);
- Check – payment for the Certificate (only if the certificate is made in an accelerated procedure).
* If person acts through his representative, there also should be documents, which confirmed the credentials of the representative.
Term of obtaining the Certificate:
- general (up to 30 days from the date of the application);
- accelerated (3-7 days from the date of the application).
* Consideration an online Application form may take up to 10 days.
One must pay for the Certificate of criminal record only if the certificate is made according to the accelerated procedure (3-7 days). Non-conviction certificate is free of charge, when it is made according to the general procedure (up to 30 days).
Foreign Certificate of criminal record
The obtaining of foreign Certificate of criminal record has many peculiarities, which depend on the legislative requirements of the country where such a Certificate will be produced.
Unfortunately, the procedure of producing the Certificates in the CIS, Europe and America is sometimes much longer, more expensive and may contain additional requirements. For example, the Kingdom of the Netherlands has been considering the Application Form of the production of this certificate for 1-3 months, so it should be ordered in advance.
If the Certificate is produced abroad, it is necessary to legalize or apostille this Certificate in accordance with the procedure established by the law. As a rule, imprinting of Apostille stamp on documents is more common procedure, which is supported by most countries.
In general, the procedure of producing a Certificate of criminal record in Ukraine is not complicated, does not require large number of documents and will not take you much time if you act in accordance with the law and prepare everything in advance.]]>