Failed raidership attempt: MinJust recovers true data on enterprise

Ministry of Justice actions: enforcement service Kyiv

Complainee: Ministry of Justice of Ukraine (MinJust)
Complaint in brief: The Council received a complaint from the sole owner and director of a private enterprise from Dnipropetrovsk region. The state registrar had updated the information about the founders and the director of the company in the official registry, which came to the real owner’s knowledge by chance. The complainant immediately appealed to the MinJust Panel on consideration of complaints in the sphere of state registration seeking cancellation of illicit decisions. However, after two weeks of waiting the complaint had not been considered. In order to speed up the consideration of the complaint under administrative appeal procedure, the enterprise appealed to the Council.
Actions taken:  It should be noted that the Council unlike the Panel of the MinJust, does not have direct access to the documents prepared or accepted by the state registrar during the registration procedure, therefore  it cannot check itself the legitimacy of the new data about the company. However, as an independent mediator between the business and the state body, the Council is capable of  drawing attention to the case and speed up its consideration that was later achieved.
Thus, in the letter to the Panel of the MinJust the Council asked to immediately consider the company’s motion and provide a full, comprehensive and impartial consideration of the complaint. The Council also handed over case files to the expert group established by virtue of the Memorandum of Cooperation between the Ministry of Justice of Ukraine and the Council dated September 15, 2015.
Results achieved: Within three weeks after receipt of the complaint, the Council helped to restore justice: the MinJust Panel cancelled disputed registration actions, having recovered the credible information about the owner and the director of the enterprise, and the relevant state registrars’ access keys were temporarily suspended. The case was successfully closed.

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