LANGUAGE

Law "On Ensuring the Functioning of the Ukrainian Language as the State Language" 1 (hereinafter –
the Law) was adopted in 2019. But some of its provisions are/were to enter into force after some
time.

This Law regulates the functioning and use of the Ukrainian language as the state language in the
spheres of public life defined by this Law on the territory of Ukraine.

This Law does not apply to the sphere of private communication and performance of religious rites. 2

i) Recent change

From 16 January 2021, customer services and information for customers shall be provided in
Ukrainian unless otherwise requested by the customer. Such norms areThis rule is contained in
Article 30 of the Law "On Ensuring the Functioning of the Ukrainian Language as the State Language",
which recently entered into force.

The law does not oblige foreigners to know Ukrainian. At the same time, it does not oblige service
providers to know any language other than the state language and to serve consumers in it.

ii) Use of language by authorities

State authorities’ language. The working language of state authorities is state language (i.e.
Ukrainian).

The working language of foreign diplomatic missions of Ukraine and other state missions abroad is
Ukrainian.

Correspondence.3 authorities may use other language in correspondence with foreign addressees.

Meetings.4 If a language other than Ukrainian is used during the meetings or , events or meeting,
translation into the state language must be provided.

The working language of “international” events, meetings, gatherings is Ukrainian and / or other
language determined by the organizers or in an international agreement. During meetings,
gatherings and working conversations of a certain group of persons with foreigners or stateless
persons, another language acceptable to the participants may be used.

Public events5. As a general rule, the language of public events is the state language. If a language
other than Ukrainian is used during the public event, its organizer is obliged to provide simultaneous
or consecutive translation into Ukrainian, if required by at least one participant of the public event.
This provision does not apply to activities for a limited number of persons and events organized
specifically for foreigners and / or stateless persons.

1
https://zakon.rada.gov.ua/laws/show/2704-19/conv#n130
2
Art 2
3
Art 13 para 7
4
Art 12 para 2, 3
5
Art 29. NOTE: Public events for the purposes of this Law are, in particular, meetings, conferences, rallies,
exhibitions, training courses, seminars, trainings, discussions, forums, other events available or open to
participants of such events freely or by invitation, for a fee or free of charge, periodically, once or from time to
time, organized in whole or in part by public authorities, local governments, government agencies,
organizations, as well as business entities, owners (founders, participants, shareholders) of which is the state or
local community, regardless of shares of this property.
Events specially organized for the study of a foreign language are conducted in Ukrainian and / or
relevant foreign language.

Juctice.6 Judicial proceedings are conducted in the courts of Ukraine, and office work is conducted in
the state language.

A language other than the state language may be used in court proceedings in accordance with the
procedure established by the Procedural Codes of Ukraine and the Law of Ukraine "On the Judiciary
and the Status of Judges".

During crossing of state border.7 When citizens of Ukraine cross the state border of Ukraine, border,
customs and other types of control are exercised in Ukrainian. When foreigners or stateless persons
cross the state border of Ukraine, border, customs and other types of control shall be exercised in
Ukrainian or another language spoken by the official exercising control.

Treaties.8 Bilateral treaties of Ukraine shall be concluded in Ukrainian and in the language of the
other party, unless otherwise provided by such treaty. Multilateral treaties shall be concluded in the
languages agreed by the parties.

iii) Contracts

The Law itself does not contain provisions that apply to contracts in private sector (so it does not
apply to contracts with beneficiaries or contracts with providers).

Therefore, it would seem that the parties, guided by the principle of freedom of contract, can choose
any language for the settlement of mutual relations.

However, there is in the Ukrainian legislation a special provision for Exception here - contracts
concluded with the participation of “legal entities” that fall under the scope of of Ukrainian
legislation”.

Such legal entities must follow the Order of the Ministry of Justice № 1000/5 of 18.06.20159 (state
bodies, local governments, enterprises10, institutions11 and organizations12 regardless of
ownership). Its provisions establish that enterprises and organizations, regardless of ownershipsuch
legal entities, carry out office work in Ukrainian. The documents shall be drawn up in Ukrainian,
except for the cases provided by the legislation on languages in Ukraine. Documents sent to foreign
addressees shall be drawn up in the Ukrainian language, or in the language of the addressee state, or
in one of the languages of international communication. Since contract is essentially a document,
these rules also apply to the execution of contracts.
6
Art 14
7
Art 17
8
Art 19
9
https://zakon.rada.gov.ua/laws/show/z0736-15#Text. Its scope covers state bodies, local governments,
enterprises, institutions and organizations.
10
Enterprise - an independent business entity established by a competent public authority or local government,
or other entities to meet public and personal needs through the systematic implementation of production,
research, trade, other economic activities in the manner prescribed by this Code and others laws.
11
An institution is an organization created by one or more persons (founders) who do not participate in its
management, by combining (allocating) their property to achieve the goal set by the founders, at the expense
of this property. Performs certain functions in the field of state, administrative, public, commercial, etc.
management, control, supervision, etc. Ownership can be - state, non-state, local authorities, individual.
12
The term organization is not defined separately in Commercial Code of Ukraine or Civil Code of Ukraine.
However, this term is quite broad as «legal entity» is an «organization» established and registered in the
manner prescribed by law. So,basically any legal entity which
Therefore, contracts with the participation of “legal entities” must be concluded in the Ukrainian
language. An exception to this rule may be the case where the other party to the contract is a foreign
entity. In this case, the documents are usually drawn up in two languages - Ukrainian and the
language of the counterparty. It is also allowed to make three copies, when one of the copies is made
in English, to which the parties can give decisive importance in the interpretation.