State Registrar’s interventionist entries overturned by two courts

Other state regulators StateGeoCadastre Kyiv region

Subject of Complaint: The Kyiv Oblast State Registration Service
Complaint in Brief: In December 2015, the Complainant, a medium-sized agricultural company operating in the central Ukraine, filed a complaint against what it considered the illegal actions of the State Registrar. The Complainant found out that the Registrar had made an entry in the Unified State Register of Legal Entities and Physical Entities-Entrepreneurs that made impossible for the Complainant, as a creditor, to recover debts from its debtor. The Complainant filed a lawsuit with the Kyiv Municipal Administrative Court requesting that the registration entry be cancelled. The lower court ruled in favor of the Complainant and also established that such actions by the State Registrar breached the provisions of the Law “On the State Registration of Legal Entities and Physical Entities-Entrepreneurs.” The Kyiv Administrative Court of Appeal sustained the ruling of the lower court without further appeal.
Actions taken: The BOC appealed the Minister of Justice and Director of the Main Territorial Department of Justice in Kyiv Oblast to conduct an internal investigation of the actions of the State Registrar. In March, a BOC representative held a meeting with the Director of the State Registration Service, who agreed to conduct internal investigation.
Result achieved: On March 19, 2016, the BOC received a letter notifying it of the results of internal investigation. The State Registrar was found guilty of an offence and disciplinary action was taken. Notably, two disciplinary actions under Ukrainian law can lead to termination for the officials involved. The Complainant remained satisfied with the outcome, and the case was prepared to be closed.

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