Legalization and Employment

Legalization and employment of foreign medical specialists in Ukraine

In order to practice medicine or to work as a specialist or pharmacist in Ukraine citizens who have received training and appropriate qualification abroad shall pass the legalization process. This is a fairly long and complicated procedure, which is divided into five stages:

Preliminary registration of foreign citizens in the Ukrainian Medical Council is carried out on the basis of the internal Statute of the organization and is used for initial verification of qualifications. To be registered at the Ukrainian Medical Council the medical specialist shall submit the application in person or via E-service by enclosing all the necessary documents. Documents issued in all languages other than Ukrainian, Russian, English or German require an official translation. Translations that have been made personally by the candidate will not be accepted. Certification is not required if candidate provides copies of original documents. After payment of registration fee, the Ukrainian Medical Council verifies the authenticity of documents and issues a Certificate of Registration of the established sample.

Nostrification is a process of recognition of foreign documents on education, which is carried out through the establishment of relevance of academic and professional rights and educational levels of foreign documents to Ukrainian educational standards to ensure the rights of citizens who have been educated in foreign countries, to continue their education and professional activities in Ukraine. The procedure is carried out by the Ministry of Education and Science of Ukraine that issues a Certificate of Recognition of a foreign document on education in Ukraine.

Recognition procedure comprises the following stages:

•  Preparation of documents for recognition;
•  Submission of documents to the Ministry of Education and Science of Ukraine;
•  Expert analysis;
•  Preparation of an expert opinion on the recognition of documents;
•  Issuance of certificate outlining the decision on equivalence

To carry out recognition process, the following documents shall be submitted:

1. Application on implementation of recognition procedure.

Attention! This application shall be filled in and signed by the applicant.

The application shall be filled in the Ukrainian language clearly and legibly, without corrections – as this information will be used in over the processing of documents. If you want specialist to respond quickly to your application, you have to specify complete contact details (phone, e-mail etc.).

1. Application — consent to processing (verification) of personal data.

Attention! Statement of consent filled in and signed by the owner of the foreign educational documents.

Individuals who have obtained their educational documents in Russia shall fill in the application in the Russian language. Other candidates shall fill in the application in English.

1. Notarized copy of legalized foreign document on education (the document containing the stamp “Apostille” or consular legalization, except for countries with which Ukraine has signed bilateral or multilateral agreements containing provisions on mutual recognition of documents without their prior certification (legalization)), bonded by notarized translation into Ukrainian.
2. Notarized copy of legalized supplement to the foreign document on education, bonded by notarized translation into Ukrainian. The document shall contain information on form and terms of training, list of disciplines (subjects), total (weekly) amount of classroom and independent (credit) hours, the number of semesters and other components of the educational process.
3. If supplement to foreign diploma was issued in Russian, the translation is deemed unnecessary. However, you have to provide a notarized copy of this document.

Attention! Legalization type depends on the country, where educational document has been issued.

Attention! Public and private notaries in Ukraine carry out notarized copies of documents (along with translation into Ukrainian).

We would like to ask you to look through the sample of proper certification of copy of original document along with its simultaneous translation

1. Copies of previous education documents (if any).
2. Copy of document certifying the identity of the applicant and / or holder of a foreign document on education.
3. Copy of document on changing the surname of the owner of the foreign education document (if any).
4. The power of attorney (in the case of submission of documents by another person).
5. Request for recognition procedures (in case of submission of documents by educational institution of Ukraine).
6. The instrument of payment for administrative services (bank receipt) or copy of the document confirming the right for payment exemption.
7. The applicant may submit other documents certifying the education and / or qualifications of the owner of documents, documents for admission to the profession, practical experience. Such documents shall be submitted together with their notarized translations.
8. The owner or other person who represents his or her interests on the basis of notarized power of attorney may submit documents for recognition.
9. Responsibility for preparation of package of documents is assigned to the applicant.

Attention! If documents submitted by the applicant were collected and filed not in full extension, and / or have not been prepared properly, the Ministry of Education and Science of Ukraine may return them without 10-days consideration period. The applicant will be informed on it later.

After the preparation and submission of documents for recognition, the Ministry may decide on their complete or partial recognition, or refuse to recognize the equivalence of documents on education.

Ministry of Health of Ukraine

ORDER

No. 118-С dated 19.08.94

Kyiv city
Registered at the Ministry of Justice of Ukraine
on September 12, 1994, No. 218/428

Order on the approval of procedure for admission to the medical and pharmaceutical activities in Ukraine for citizens who have undergone a medical or pharmaceutical training in educational institutions of foreign countries

As amended in accordance with Decrees of the Ministry of Health

No. 28-О (z0114-00 ) dated 01.02.2000
No.  410 (z0754-06 ) dated 27.06.2006

ORDER

on eligibility for the professional activity in Ukraine for

individuals who have undergone medical or pharmaceutical

training in foreign educational institutions

1. This Order determines legal and organizational basis for enforcement of rights for individuals who have been educated abroad for realization of professional activities in Ukraine.

1. The relevant guide on qualification characteristics determines qualification requirements for individuals, who have undergone medical or pharmaceutical training in foreign educational institutions.

1. The decision on granting the right for professional activity in Ukraine for individuals who have undergone medical or pharmaceutical training in foreign educational institutions is made by:

• Ministry of Health of Ukraine — for physicians and pharmacists;
• Ministry of Health of the Autonomous Republic of Crimea, the main health departments in Dnipro, Lviv, Kharkiv and Cherkasy regional state administrations, Administration of Health Protection and Disaster Medicine in Odessa region and its regional health departments, the Main Directorate for Health and Medical Support of Kyiv city State Administration and Health Administration of Sevastopil city (hereinafter – Health Administration (HA) – for experts in medical business (bachelors and junior specialists with medical education);
• Sanitary and epidemiological stations of the Autonomous Republic of Crimea, regions, Kyiv and Sevastopil (hereinafter – SES) – for specialists in medical and prophylactic business (bachelors and junior specialists with medical education);
• Regional (city) manufacturing groups (enterprises) “Farmacia” (hereinafter – MG “Farmacia”) – for pharmacists-specialists (bachelors and junior specialists with pharmaceutical education

1. Decision on provision the right of professional activity in Ukraine is made upon application of individual (hereinafter – the applicant), submitted in accordance with MoH of Ukraine, HA, SES, and MG “Farmacia” or at the request of health care institutions regardless of ownership type.

     The application shall be submitted along with duly certified copies of the following documents:

1. certificate of the Ministry of Education and Science of Ukraine on recognition of foreign document on education;
2. document on education;
3. certificate of physician (pharmacist) — specialist;
4. documents on qualification (certificate on qualification advancement and presence of qualification category in speciality);
5. certificate on working experience in the field;
6. identification document of the applicant.

1. Documents on education, level of qualification and other documents submitted by the applicant shall be translated into the Ukrainian language and duly certified.

1. Depending on the level of obtained qualification and based on submitted documents, additional conditions may be set, the implementation of which will make it possible to establish whether the applicant’s qualification level meets the qualification requirements. Additional conditions may be determined as follows:

     — For doctors (pharmacists): training on the internship, at the specialization courses, on internship with assignment (confirmation of) the title of doctor (specialist) – for specialist, the legalization of qualification category;

     — For specialists — specialization courses or courses of qualification development.

1. Training of physicians (pharmacists) on the internships and at the courses of primary specialization as well as training of specialists is carried out at specialization courses or courses of professional development in higher medical education establishments (hereinafter – HMEE) of I-IV levels of accreditation on the self-supporting conditions.

     The Central Attestation Committee of the MoH of Ukraine according to applicable legislation carries out legalization of qualification.

1. If the applicant meets additional requirements and submits appropriate conclusions of HMEE to the MoH of Ukraine, HA, SES, MG “Farmacia” he/she may obtain one of the following decisions:

     а) granting the right to perform professional activity in Ukraine for the person who has passed a medical (pharmaceutical) training in foreign educational establishment, if he/she obtained appropriation (confirmation) of the title of doctor (pharmacist) or legalized qualification category – for physicians (pharmacists), or in case of successful completion of courses – for specialists;

     б) refusal to grant the right to perform professional activity in Ukraine for the person who has passed a medical (pharmaceutical) training in foreign educational establishment if he/she does not obtain appropriation (confirmation) of the title of doctor (pharmacist), or in case of refusal in legalization of qualification category – for physicians (pharmacists), or if candidate has not passed or passed unsuccessfully training courses – for specialists.

1. MoH of Ukraine, HA, SES, MG “Farmacia” notify the applicant on decision as to provision of the right to professional activity  in written form within one month period.

1. The applicant who has passed a medical (pharmaceutical) training in foreign educational establishment is informed on the decision on refusal in granting the right to perform professional activity in Ukraine within one month in written form, stating the reasons and additional conditions, the implementation of which will ensure compliance with qualification requirements.
2. The procedure for granting the right to perform professional activity in Ukraine, for individuals who have undergone medical (pharmaceutical) training in foreign educational establishments shall be carried out during one month, excluding the timing of additional conditions specified by applicable legislation of Ukraine.
3. Decisions of the Ministry of Health of Ukraine, Ministry of Health of the Autonomous Republic of Crimea, HA, SES, MG “Farmacia” may be appealed in court according to the legislation of Ukraine.

The penultimate stage of the procedure is obtaining a work permit. The Cabinet of Ministers approved the procedure for issuing, renewal and cancellation of permits for employment of foreigners and stateless persons on May 27, 2013 under the No. 437. The territorial bodies of the State employment service issue permits to enterprises, institutions, organizations allowing the foreigners labor in the specific positions in cases of:

1. absence in Ukraine (the region), skilled workers who can perform the appropriate type of work;
2. absence of sufficient justification of the appropriateness of their work;
3. direction by foreign employer to Ukraine to carry out a certain volume of works (services) on the basis of agreements (contracts) concluded between domestic and foreign business entities;
4. compliance with schedule of specific obligations in the field of services of Minutes on entering of Ukraine to the WTO (referred to “internal corporate alienee” category);
5. decision making on documents drafting for resolving the issue of recognition as refugee or person in need for additional protection.

To obtain working permit for a foreigner, the employer shall submit the following documents to the territorial body:

• standard application form;
• copies of documents on education or qualification of foreigner or stateless person;
• copies of passport of foreigner or stateless person containing personal data and duly certified translation into the Ukrainian language;
• two color photos of foreigner or stateless person, of size 3,5х4,5 cm;
• document issued by medical institution confirming that person does not suffer from chronic alcoholism, chemical abuse, drug addiction, or infectious diseases, the list of which is determined by the Ministry of Health;
• certificate, duly sealed and signed by the employer certifying that the position at which the foreigner or stateless person will be applied for work corresponds to applicable legislation and does not apply to Ukrainian citizenship or require access to state secret. In the case of high security facility, mentioned certificate shall contain signature of the head of such facility;
• certificate of MIA confirming that the foreigner or a stateless person does not have a sentence for the offense or criminal proceeding for committed offence;
• certificate of authorized body of country of origin (the host country) that foreigner or stateless person, who at the time of permission registration resides outside of Ukraine, is not serving a sentence for the offense and does not have opened criminal proceedings.

Following the submission of mentioned documents and obtaining the decision of public authority as to the permit the employer pays an official fee for it, the amount of which comprises four minimal wages. Having received the payment, territorial authority shall prepare and issue a permit for a period not exceeding one year (after this term the permit can be renewed for the same period).

The employer concludes with a foreigner a labor contract on the basis of a work permit. After this, he / she is obliged to submit its certified copy to the territorial body within three working days. Thus, after passing all necessary procedures for obtaining permits foreign health worker proceeds to his / hers duties. And the employer, in his/her turn, will feel comfortable and confident in the course of state inspection, as he/she does not violate the requirements of current labor legislation. It should also be noticed that in accordance with Paragraph 5, Article 53 of the Law of Ukraine “On Employment” dated July 05, 2012 No. 5067-VI in the case of foreigners or stateless persons employment, in respect of which the decision to process documents for resolving the issue of granting refugee status under the terms of an employment contract or otherwise without granting the permission for employment, will be charged for each person in the amount of twenty minimal wages set at the time of violation. That is, for every foreigner who is employed without permission, the employer is obliged to set a fine of 1218 UAH (the minimum wage for 2014) 20 = 24360 USD. Therefore, if an employer is interested in the engagement of an experienced, qualified medical officer who was educated abroad, he / she has to pass the whole complicated process of formalizing and obtain a work permit.

This step is resulted in issuance of a work permit:

Legal framework:

• Law of Ukraine “On legal status for foreigners and stateless persons”
• Law of Ukraine “On population employment”

Full registration of foreign citizens in the Ukrainian Medical Council on the basis of internal Statute of the organization. Complete registration may be carried out on the basis Certificate of the Ministry of Education and Science of Ukraine on recognition of foreign diploma of education and Permit for professional activity in Ukraine, issued by the Ministry of Health of Ukraine. To convert the preliminary registration to full registration one the candidate has to send to the Registration Department of the Ukrainian Medical Council a statement made in a free form and attach abovementioned documents.