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The State Medical Service reminds business entities of the need to fully comply with the requirements established by current legislation, in particular, in terms of representation on behalf of when submitting documents in 2021

Representation is a legal relationship in which one party (representative) is obliged or has the right to enter into transactions on behalf of the other party it represents. Representation arises on the basis of a contract, law, the act of a body of a legal entity, and on other grounds established by acts of civil legislation.

An act committed by a representative creates, changes, terminates the civil rights and obligations of the person he represents.

Article 244 of the Civil Code of Ukraine stipulates that representation, which is 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.

The form of the power of attorney must correspond to the form in which transactions are to be made in accordance with the law. A power of attorney issued by subdelegation is subject to notarization.

The text of the power of attorney must indicate the place and date of its compilation (signing), surnames, names, patronymics (full name for the legal entity), place of residence (location – for the legal entity) of the representative, and the person represented, and if necessary positions they hold. Restrictions on the powers of the representative to perform specific procedural actions must be stipulated in the power of attorney.

The power of attorney must clearly define the legal actions to be taken by the attorney. The actions to be taken by the attorney must be lawful, specific, and feasible.

A representative may be authorized to perform only those transactions to which the person he represents has the right to perform.

The terms of the power of attorney are set in the power of attorney. The term of the power of attorney is indicated in words and is determined by years, months, weeks, days and cannot be determined by the occurrence of any event. A power of attorney that does not specify the date of its certification is void.
If the term of the power of attorney is not set, it remains valid until its termination.

The representative is obliged to make transactions in accordance with the powers granted to him personally.

The power of attorney issued by subdelegation is subject to notarization and which provides for the right of subdelegation. The power of attorney certificate by subdelegation has some features.

Thus, in a power of attorney issued by subdelegation, it is not allowed to transfer the right of subdelegation to the attorney. A power of attorney issued by subdelegation may not contain more rights than those transferred under the main power of attorney. The term of such power of attorney may not exceed the term of validity of the main power of attorney on the basis of which it is issued. In addition, the power of attorney by subdelegation must contain a reference to the main power of attorney.

Therefore, when submitting documents to the State Service of Ukraine on Medicines and Drugs Controlasks to comply with the legally established requirements: the form of the power of attorney and its term, legal actions to be performed by the attorney, the right of subdelegation, etc.

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