The State Expert Center of the Ministry of Health of Ukraine (hereinafter – the Center) considers it necessary to inform about the need to fully comply with the requirements established by current legislation, in particular, regarding representation by authorization during the submission/receipt of documents.
Representation is a legal relationship in which one party (the representative) is obliged or has the right to carry out a transaction on behalf of the other party, which it represents. Representation arises on the basis of a contract, law, an act of a legal entity's body, and on other grounds established by acts of civil legislation.
A transaction carried out by a representative creates, changes, or terminates the civil rights and obligations of the person it represents.
Article 244 of the Civil Code of Ukraine (hereinafter – the CCU) determines that representation based on a contract may be carried out by power of attorney.
A power of attorney is a written document issued by one person to another person for representation before third parties.
Under parts 1, 2 of Article 245 of the CCU, the form of a power of attorney must correspond to the form in which, according to law, the transaction must be carried out. A power of attorney issued by way of delegation is subject to notarization.
The text of the power of attorney shall specify the place and date of its drawing up (signing), the surnames, given names, patronymics (full name for a legal entity), place of residence (location – for a legal entity) of the representative and of the person represented, and, where necessary, the positions they hold.
Limitations on the representative's authority to perform specific procedural acts shall be stipulated in the power of attorney.
The power of attorney shall clearly define the legal acts to be performed by the attorney. The acts to be performed by the attorney shall be lawful, specific and feasible (Article 1003 of the Civil Code of Ukraine).
A representative may be authorized to perform only those transactions that the person represented has the right to perform (Article 238 of the Civil Code of Ukraine).
In accordance with Article 247 of the Civil Code of Ukraine, the term of the power of attorney is established in the power of attorney. The term of validity of the power of attorney is stated in words and is determined in years, months, weeks, days and may not be determined by the occurrence of any event. A power of attorney that does not state the date of its certification is void.
If the term of the power of attorney is not established, it remains valid until its termination.
In accordance with Article 240 of the Civil Code of Ukraine, the representative is obliged to perform the transaction under the powers granted to him or her personally.
Part two of Article 245 of the Civil Code of Ukraine establishes that a power of attorney issued by way of sub-authorization is subject to notarization and must contain a reserved right to sub-authorization.
The certification of a power of attorney by way of sub-authorization has certain specific features.
Thus, a power of attorney issued by way of sub-authorization may not transfer to the attorney the right to sub-authorization. A power of attorney issued by way of sub-authorization may not contain more rights than those transferred under the main power of attorney. The term of validity of such a power of attorney may not exceed the term of validity of the main power of attorney on the basis of which it was issued. In addition, a power of attorney by way of sub-authorization must necessarily contain a reference to the main power of attorney.
At the same time, it should be emphasized that, pursuant to part one of Article 1004 of the Civil Code of Ukraine, the attorney is obliged to act in accordance with the content of the mandate given to him, however the attorney may depart from the content of the mandate if this is required by the interests of the principal and the attorney could not previously ask the principal or did not receive a response to his request within a reasonable time. In this case, the attorney must notify the principal of the departures from the content of the mandate as soon as this becomes possible and, in confirmation thereof, provide the Center with relevant evidence of informing the principal.
Taking into account the foregoing, when submitting documents to the State Expert Center of the Ministry of Health of Ukraine, we ask you to comply with the legally established requirements for representation by authorization: the form of the power of attorney and its term, the legal actions to be performed by the attorney, the scope of duties and powers, the right of sub-authorization, etc.
We hope for your understanding and support! Everything will be Ukraine!
