Foreign documents without an apostille: why a Ukrainian notary refuses

A common situation: a Ukrainian authority asks for a document from the US or another Hague Convention country — Canada, Germany, Spain, Italy, France, even Argentina — “with a notarized translation”. The translation is done, but the notary refuses to certify the translator’s signature because the document has no apostille. Here is why, and what to do instead.

What Ukrainian law says

The rule is set out in Article 100 of the Law of Ukraine “On Notaries”: documents issued abroad by foreign authorities are accepted by notaries only once they have been legalised. Without legalisation they are accepted only where Ukrainian law or an international treaty to which Ukraine is a party expressly allows it.

Legal-assistance treaties are exactly such an exception: documents from Poland, the Czech Republic, Hungary, Bulgaria and several other countries are valid in Ukraine with no apostille at all. We take Poland as a detailed example in Polish documents in Ukraine: apostille needed?.

The exception to the exception: tax residency certificates. Legal-assistance treaties cover civil, family and criminal matters, not tax documents. So a certificate of tax residence that a non-resident submits to the Ukrainian tax authority must carry an apostille even when it comes from Romania, the Czech Republic, Poland or Moldova — the State Tax Service said so expressly in 2025 (letter No. 16234/7/99-00-21-02-03-07 of 26 June 2025; ЗІР 102.16). An electronically issued certificate needs an e-apostille, verified via its link; the notary then certifies the printout and the translation.

Why it has to be an apostille

• Ukraine is a party to the 1961 Hague Apostille Convention, as are the US, Canada, Germany, Spain, Italy, France, Argentina and more than a hundred other countries. Between member countries, consular legalisation is replaced by an apostille: a single certificate issued in the country the document comes from.
• Only countries that have a legal assistance treaty with Ukraine are exempt — the Czech Republic or Moldova, for example. The countries listed above have no such exemption.
• If a country is not part of the Hague Convention, consular legalisation is needed instead.

“I take full responsibility” — why that does not work

Responsibility here is assigned by law, and the client cannot take it on. The translator is responsible for the accuracy of the translation; the notary is responsible for carrying out the notarial act correctly. Certifying a translation of an unlegalised document would breach the rules for the notarial act, and it is the notary, not the client, who would answer for it. A client’s statement or waiver changes nothing: the refusal is not caution but the notary’s legal duty.

Where to get an apostille

The apostille is issued by the competent authority of the country that issued the document. It cannot be added in Ukraine. A few examples:

• United States. State documents — birth, marriage and divorce certificates, DMV records such as a Driver Record, state court decisions: the Secretary of State of the issuing state. Federal documents such as an FBI background check: the U.S. Department of State.
• Canada. Global Affairs Canada; documents from Alberta, British Columbia, Ontario, Quebec and Saskatchewan are apostilled by those provinces.
• Italy. Documents from public authorities, including civil status certificates — the Prefettura; court and notarial documents — the Procura della Repubblica.
• Germany. Depending on the document — the authorities of the federal state where it was issued, or a court.

The list of authorities for every country is on the Hague Conference website. Many countries accept requests by mail or online, so you usually do not need to travel.

The apostille goes on the original or on an official certified copy issued by the authority itself. A plain photocopy will not do. Both the document and the apostille are then translated.

What if notarization is not required?

A standard translation, signed by the translator and stamped by our bureau, can be made from almost any document without an apostille. The exceptions are documents that violate a person’s honour and dignity and unlawful documents, such as forgeries: we do not translate those. Whether it is accepted is up to the receiving authority, so check with them first which kind of translation they need.

How we can help

• We will tell you where to get the apostille in the country that issued your document.
• We translate the document together with the apostille and have the translation notarized. We work with more than 45 languages.
• You do not need to come to Zhytomyr: send the original by Nova Poshta and we send the finished document back the same way.

Send a photo of your document by WhatsApp or email and we will tell you whether it needs an apostille and what to do next. More about notarized translation and when you need an apostille.