In some cases, even though both countries are listed in a bilateral treaty and it may appear at first glance that no apostille will be needed, one may still be required in certain specific situations. Bilateral treaties on legal assistance in civil and criminal matters exist between some countries, under which neither an apostille nor superlegalisation of documents is necessary. It should be stressed, however, that certain institutions (in particular banks, or the Foreign Police when granting a residence permit or temporary residence) take the view that the matter concerns administrative proceedings, to which the bilateral treaties do not apply, and will ultimately require an apostille from you.
Treaty on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters
Under current legislation, documents required in official (administrative) proceedings that were issued by the authorities of foreign states must bear a higher-level authentication clause, unless a special regulation or international treaty provides otherwise. In justified cases, the Ministry of the Interior may waive the requirement for higher-level authentication of a criminal record certificate.
Under current legislation, proceedings on an application for temporary residence are governed by the general Administrative Procedure Act, and are therefore administrative proceedings. The Treaty on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters concerns primarily legal relations in family, criminal and civil matters. It follows that it cannot be applied to administrative proceedings on applications for temporary residence by third-country nationals.
We can therefore conclude that any documents you submit that were issued by the authorities of foreign states must bear a higher-level authentication clause – that is, an apostille or superlegalisation.
Easier movement of documents since 16.02.2018 – or not?
Since 16 February 2019, the Public Documents Regulation has applied in EU member states (Regulation (EU) 2016/1191 of the European Parliament and of the Council on promoting the free movement of citizens by simplifying the requirements for presenting certain public documents in the European Union and amending Regulation (EU) No 1024/2012). The Regulation aims to simplify procedures and remove bureaucratic obstacles that prolong the processing of applications and burden applicants with the costs of apostilles and sworn translators’ fees.
In reality, unfortunately, private institutions such as banks still require an apostille, as do public institutions such as municipal offices. Although there has been a partial simplification within the European Union of the authentication of documents submitted to public authorities and institutions, these authorities still require an apostille in all other cases that are not court proceedings (civil, criminal or family), so in a large proportion of situations an apostille will still be demanded. It also remains to be seen how private institutions such as banks will respond to the Regulation. It should further be stressed that the Regulation applies only within the European Union, so where documents need to be submitted from the USA (Russia, China, Ukraine, ), or to the USA, or from other countries outside Europe, the requirement for higher-level authentication remains in force.
