Simplification of the business procedure led to an increase in corporate raids in Ukraine, says Iryna Palamar

Participation was attended by people's deputies of Ukraine, central executive authorities (Ministry of Justice of Ukraine, Ministry of Agrarian Policy and Food of Ukraine, State Service of Ukraine for Geodesy, Cartography and Cadastre, National Police Ukraine), agrarian associations, including the Ukrainian Stock Breeders Association.

 

Within the framework of today's meeting, proposals were presented for the future draft law in the field of combating raiding in the agrarian sector, which some members of the Working Group have already established. In addition, they brought to the attention of participants the consolidated key provisions that are proposed to be resolved, and also heard the positions of the central executive authorities on the concept of such a bill.

 

The Ukrainian Stock Breeders Association, being a member of the Working Group, in cooperation with its members, enterprises in the agrarian sector, has also prepared a number of proposals with the current legislation aimed at protecting the property rights of land owners and users, preventing illegal acquisition and seizure of enterprises in the agrarian sector, which have already been sent by an official letter to the Agrarian Committee of the Verkhovna Rada of Ukraine.

 

In particular, the Ukrainian Stock Breeders Association believes that now the consolidated key provisions on anti-raiding legislation are submitted to the Working Group. It pays insufficient attention to the protection of corporate rights in comparison with the issue of rights to immovable and movable property, although examples of raider seizures are more than enough precisely because of improper registration actions concerning legal persons (change of the head and founders).

 

Therefore, the Ukrainian Stock Breeders Association proposes to specify in the Law of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Social Entities" of May 15, 2003, No. 755-IV, that there be exceptions that state registration of changes in information about a legal entity is carried out at its place finding. Now such state registration can be conducted within the region.

 

The submitted proposals on this problem have already drawn attention to, although to only one people's deputy of Ukraine, Ivan Miroshnychenko. However, it is also appealing. Thus, the people's deputy is asked to determine in a different way that the state registration of changes in information about a legal entity is carried out by a notary who previously certified the signatures in the decision of the authorized management body of the legal entity.

 

The Ukrainian Stock Breeders Association supports the proposals of a number of persons on the mandatory verification by notaries or state registrars of the validity and content of notarial powers of attorney through the Single Register of Powers, as a significant part of examples of unlawful seizures of enterprises are often caused by unlawful actions of individuals on the basis of invalid or forged notarial powers of attorney. At the same time, we insist that this check is carried out by notaries and state registrars as part of their activities, and at the same time, three current laws will be amended: "On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Associations" of May 15, 2003, No. 755-IV, "On Notary" dated 02.09.1993 No. 3425-XII and "On State Registration of Rights to Immovable Property and their Weights" of 01.07.2004 No. 1952-IV.

The Ukrainian Stock Breeders Association also proposes to improve the issue so that the full list of powers of attorney will display the full text of powers of attorney, because otherwise, even assigning duties to notaries and state registrars to verify the powers of individuals on powers of attorney will not solve much.

 

The Ukrainian Stock Breeders Association also believes that the mechanism for coordinating the seals of legal entities with law enforcement agencies that was in effect earlier when it was necessary to obtain an appropriate permit for its production should be returned, its project should be returned, and if it is counterfeited compared to this press seal, find out the fact of forgery. Now it is impossible to find it out.

 

A very important assistance, according to the Ukrainian Stock Breeders Association, would be for the victims of the raider's seizure to make legislative changes in terms of determining the length of the proceedings for complaints requiring verification of the activities of the state registrar and the state registration entity within 15 calendar days (in the Law of Ukraine "On State Registration legal entities, individuals - entrepreneurs and public entities "). Now, on the contrary, on such important issues, where time is the price of gold for the affected agrarians, the term may be extended to 45 days.

In addition, it is important to provide that the Ministry of Justice of Ukraine and its territorial bodies on the results of consideration of the complaint bring to the attention of the applicant about the decision made as soon as possible. It is suggested that within one working day from the date of the decision to publish it on the website of the Ministry of Justice of Ukraine and send it to the complainant in electronic form, and within three working days (as it was) - to send in paper form.

 

An important step in the fight against raider attacks will be the strengthening of criminal responsibility in the sphere of state registration by introducing appropriate changes to articles of the Criminal Code of Ukraine - 358 "Forging documents, seals, stamps and forms, selling or using forged documents, seals, stamps", 364 "Abuse power or official position ", 365-2" Abuse of powers by persons providing public services ", 368-4" Bribery of a person providing public services ", 367" Official negligence ", as well as administrative - Articles 166-11" Violation of the legislation on state registration of legal entities, individuals - entrepreneurs and public groups ", 166-23" Violation of the procedure for state registration of rights to real estate and their encumbrances "of the Code of Ukraine on Administrative Offenses .

 

At the same time, the Ukrainian Stock Breeders Association is cautious about the proposals of the Ministry of Justice of Ukraine on amendments to Articles 3, 10, 17 of the Law of Ukraine "On Notary" in terms of simplifying the procedure for obtaining the status of a notary for certain categories of persons.

 

In our opinion, the proposal does not concern the sphere of regulation of the future draft of the Law of Ukraine on the protection of property rights of owners and users of land plots, preventing unlawful takeover and seizure of enterprises in the agrarian sector of the economy. In addition, it is difficult to consider as an argument of the proposed step - the need to provide public notary offices with notaries by compulsory testing them during 5 years. After all, notary offices do not have a deficit in staffing, for example, rural dispensaries with health workers.

 

The head of the Ukrainian Stock Breeders Association Iryna Palamar commented that today the state should have an effective monitoring mechanism in the sphere of state registration of corporate and rights, what we hope will become the future draft of the Law from anti-raidership. Unfortunately, it does not exists yet. A number of legislative changes aimed at simplifying the conduct of business and making it cheaper allowed fraudsters to illegally take over enterprises, property and lands.