There are times when it is necessary to provide a number of documents to other countries or their embassies. To confirm their authenticity, they must undergo a special procedure called legalization. An exception is documents sent to states where the Minsk Convention is in force.
What is legalization?
This is a procedure that gives a document legal force in the territory of another country, which is a confirmation of the authority, authenticity of the signature or seal of the official who executed the document.
The legalization procedure is divided into two types:
- affixing "apostille" (simplified method);
- Consular legalization (for countries that have not signed the convention in The Hague).
Consular legalization is a very complicated procedure, which is designed to confirm the authenticity and legality of a document sent abroad, as well as its compliance with the laws of the country.
Diplomatic or consular legalization consists of several successive stages:
- the document must be certified by a notary, (if the translation is certified, the signature of the translator is required);
- certificate of notarial signature and seal in the Ministry of Justice;
- confirmation of the seal on the document and the signature of the authorized person of the Ministry of Justice in the Ministry of Foreign Affairs;
- the last stage is the certification of the document at the consulate of the state to which it is sent.
Apostille compared with consular legalization is a very simple and straightforward procedure.
This concept originates from the signing in 1961 of the Hague Convention, which repealed the provision on consular legalization. Instead of diplomatic legalization, a new system of document certification was introduced, common for all member countries that signed the official document in 1961, as well as for a number of states that subsequently joined.
In accordance with the norms of the Convention, only official documents certified by state bodies are subject to certification with the help of the apostille. Using this type of legalization, the authenticity of the signature of the civil servant who has certified or issued the document, and not its content , is verified.
What does an apostille look like?
In most cases, it is presented in the form of a stamp, which is attached to the document or affixed directly on it. The stamp has a standard square shape, it contains an official text indicating the country of origin of the document, the person who certified and signed it.
In most cases, it is drawn up in one of the state languages, individual countries practice duplication of items contained in the apostille in one of the international languages.
Minsk Convention
In some cases, documents sent abroad do not require legalization at all. For the unimpeded provision of documents, it is necessary that a separate agreement is signed between the states governing the free provision of official documents without proper certification. For example, the 1993 Minsk Convention.
In January 1993, a legal aid document was signed in the city of Minsk, which simplified the legalization of foreign documents; it was shortened to the “Minsk Convention”. The following countries have signed and ratified the countries: Armenia, Belarus, Uzbekistan, Ukraine, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Moldova and the Russian Federation
Thus, the Minsk Convention has become a legislative act that allows unimpeded work with almost all official documents issued in the territory of the former Union or in the territory of the countries of the former Soviet Union.