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The Business Ombudsman Council provides recommendations to state bodies on the basis of individual cases and in accordance with published systemic reports. Here we have collected information on the implementation status of systemic recommendations only.

Report name
Issued recommendations
Execution status

Systemic report "How business can seek execution of court decisions in Ukraine"

To develop and to ensure approval of legal regulations, which would provide an opportunity to enter information about non-enforced obliging decisions by state bodies in the Register of Debtors.

Cabinet of Ministers of Ukraine
Ministry of Justice

Not started - new recommendation

To initiate creation of a modern information system which would meet substantial needs of the enforcement procedure participants, taking into account the best world practices.

Ministry of Justice

Not started - new recommendation

To ensure publication of decisions of the Disciplinary Commission of Private Enforcers on the Ministry of Justice of Ukraine official website (in an impersonal form, if necessary), in particular, by way of initiating respective amendments to the legislation.

Ministry of Justice

Not started - new recommendation

To develop and to approve a legal act that would provide for supplementing the Unified State Register of Court Decisions with information on the status of execution of decisions published in the public domain.

Ministry of Justice
State Judicial Administration

Not started - new recommendation

To arrange separate accounting of enforcement proceedings regarding decisions of international courts/arbitrations as such carrying a potential risk of investment disputes a party to which will be the state, as well as to arrange regular reporting on these issues.

Ministry of Justice

Not started - new recommendation

Systemic report "Main problems faced by business in customs sphere"

To develop a draft law on introducing amendments to the Code of Ukraine on Administrative Offenses of Ukraine by supplementing Chapter 12 of the Code of Ukraine on Administrative Offenses of Ukraine ("Administrative Offenses in the Areas of Trade, Public Catering, Services, Finance and Entrepreneurship") with an article to govern administrative liability of officers (officials) of customs authorities for violation of customs legislation, as well as to grant the power to issue protocols on such violations to the central executive authority tasked to implement the state regulatory policy, the policy on supervision (control) in the field of business activity, licensing and permit system in the field of business activity, as well as deregulation of business activity.

Ministry of Finance
Ministry of Justice

In process

In order to (1) place actions substantially similar to search outside the scope of customs examination procedure; and (2) narrow down powers of the law enforcers to demand from customs authorities carrying out such actions, - prepare governmental draft law on introducing amendments to Paragraph 2 Article 325 of the Customs Code of Ukraine to explicitly state that law enforcement authorities are not entitled to demand from persons that are transferring goods, commercial transportation vehicles through customs border of Ukraine carrying out operations, foreseen in paragraph one of this article (i.e., loading, unloading, reloading, fixing damaged packaging, unpacking, packing, re-packing, weighting along with the determination of other substantial characteristics of goods subjected to customs clearance, including taking samples of such goods, replacement of identification signs or marks on such goods or packaging thereto, commercial transportation vehicles as well as replacement of commercial transportation vehicles). Yet, such powers of the fiscal authorities shall remain in the effective wording of this article

Ministry of Finance
Ministry of Justice

In process

Systemic report "Combatting raidership: current state and recommendations"

To introduce the system of notification of owners of a legal entity or their representatives (by forwarding messages to e-mail and, as an additional administrative service, SMS-messages) of the receipt by the state registrars of the applications for registration actions in respect of such legal entity and/or its separate subdivision

Ministry of Justice

In process
— comments: Upon the results of the meeting of the Ministry of Justice, State Enterprise "NAIS" and the World Bank, starting from October, 2017, and as of today, the State Enterprise "NAIS" jointly with the representative of the technical cooperation project "Support to reforms in agriculture and land relations in Ukraine" of the World Bank take measures for introduction of this service (without involvement of commercial organizations in the process of rendering specified services) as regards notifying of pending changes with the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (corporate rights). In particular, the concept and task specification of the relevant software are currently being approved.

To introduce amendments to the Procedure for state registration of legal entities, physical persons entrepreneurs and public formations without legal entity status, as approved by the Order of the Ministry of Justice of Ukraine No.359/5, dated 9 February 2016, according to which: (1) the state registrars shall be obliged, when making changes in the USR in respect of ownership of corporate rights, to verify data of the SREMP to ascertain existence of registered encumbrances of such corporate rights; (2) in the presence of any encumbrances prohibiting the transfer of ownership of corporate rights - the respective registration actions shall be rejected on the basis of clause 5 of part one of Article 28 of Law No.755-IV.

Ministry of Justice

In process
— comments: Is being discussed in the Ministry of Justice.
To prepare and approve the protocol determining the structure and format of the information files to be transferred and accepted through information interaction of information systems of the State Registry of Real Rights Over Immovable Property and the State Land Cadastre according to Clause 10 of the Resolution of the Cabinet of Ministers of Ukraine No.509, dated 12 July 2017. The respective technical protocol, inter alia, shall aim at creating technical opportunities for providing the state cadastral registrars with the information about the registered real rights over immovable property by granting direct access to the State Registry of Real Rights Over Immovable Property and entering data about owners and/or users of the land plot in the data recorded with the State Land Cadastre.

Cabinet of Ministers of Ukraine
Ministry of Justice
State Service of Ukraine for Geodesy, Cartography and Cadastre

Implemented
— comments: Informational interaction became fully operational starting from mid-November, 2017.From the practical standpoint, it means, in particular, that now cadastral registrars are finally technically able to access information on ownership or lease of a particular land plot through direct access to the Register of Rights. In addition, when the state registrar makes certain changes to the Register of Rights, the data of the relevant land plot is being automatically synchronized with the Land Cadastre
To strengthen efforts aimed at properly informing both the professional circles and general public about the status and actual scope of authority vested with these commissions; here emphasis shall be placed on procedural breaches that constituted ground for cancellation of registration actions, – such information should be periodically disclosed at least in the aggregated form.

Ministry of Justice

Implemented
— comments: A separate section is available at the Ministry of Justice website, which describes the activity of the State Commission on Complaints Consideration in the Sphere of State Registration; the Ministry's management constantly informs the public via media, as well as placement in social networks. The same work is conducted by the leadership of the main territorial departments of justice in regions and Kyiv city.

To initiate certain amendments to the legislation aimed at preventing breaches of the existing territoriality rules while conducting registration actions.

Ministry of Justice

Implemented
To introduce public disclosure of the results of the off sight documentary audits.

Ministry of Justice

Implemented
— comments: Starting from August, 2017, the Ministry of Justice has been publishing the names of registrars and notaries, whose has been stripped of (temporarily or permanently) of access to state registers, indicating (if applicable) the term of such a restrictionSee, in particular:https://minjust.gov.ua/spysok-der-reest-ta-not

To initiate changes in the Unified Registry of Notaries, which would allow for disclosure of information about the notaries whose access to state registries was blocked/cancelled.

Ministry of Justice

Implemented
— comments: The Deputy Minister of Justice has, on several occasions, confirmed the Ministry's intention to eventually implement such a recommendation.
To elaborate the generalized clarifications for state registrars to minimize occurrence of typical mistakes committed by them while conducting registration actions.

Ministry of Justice

Implemented
— comments: As a result of joint work of the Ministry of Justice of Ukraine and the Notary Chamber of Ukraine, a generalization "Typical mistakes that occur during state registration of the rights to real estate and its encumbrances, as well as state registration of legal entities, individual entrepreneurs and public formations" was developed, which was presented on 06.12.2017 at the joint event of the Ministry and the Notary Chamber of Ukraine.
To prepare an explanation (or introduce amendments to the relevant legislation) to properly specify the conditions (perhaps, depending upon severity of violation), whose occurrence might trigger cancellation of certificate affirming one's right to conduct notarial activity.

Ministry of Justice

In process
— comments: The Ministry of Justice is reportedly cooperating with the Notary Chamber of Ukraine on this matter.
To provide clarification that the provision of the applicants with scan copies of the documents on whose basis the registration actions have been taken should take place in the same manner as the provision of other information from the state registries To speed up work aimed at ensuring technical interaction between the State Registry of Real Rights Over Immovable Property and the Unified State Registry of Court Decisions. To prepare methodological guidelines for the state registrars regarding automatic enforcement of court decisions whose operative parts are ambiguous and/or vogue.

Ministry of Justice

In process
— comments: Is being discussed in the Ministry of Justice.
To introduce amendments to the Procedure for Carrying Out Notarial Actions by the Notaries of Ukraine, approved by the Order of the Ministry of Justice of Ukraine No.296/5, dated 22 February 2012, by supplementing it with a separate section about notarization of images of scanned documents, based on which the registration actions were made, on the PC screen (screenshots).

Ministry of Justice

In process
— comments: The process of developing amendments to the relevant regulatory acts in conjunction with introduction of the "electronic notary" is underway.
To prepare methodological guidelines for the state registrars regarding automatic enforcement of court decisions whose operative parts are ambiguous and/or vague.

Ministry of Justice

Not started
To encourage the development of the network of partnership relations with business circles and non-for-profit organizations for collective counteraction of raidership risks. For example, in May 2017 the Council, with the support of the European Bank for Reconstruction and Development (EBRD) and the OECD, presented the Ukrainian Network of Integrity and Compliance.

Ministry of Justice
National Agency on Corruption Prevention

In process
— comments: Although according to Art. 11 of the Law of Ukraine "On Preventing Corruption", the counteraction to the risks of raidership does not fall under the authority of the NACP, as far as 2018 is concerned, the NACP, in conjunction with the "Transparency and Integrity of the Public Sector" project of the United Nations Development Program has scheduled 5 roundtables to discuss the issues that were raised by representatives of business community during implementation of the anti-corruption programs.

Systemic report "Challenges for government and business in dealing with local government"

To recommend the Ministry of Justice draw up Guidelines to approve standard statutes for territorial communities and sample provisions on elders.

Ministry of Justice

Implemented
— comments: The Ministry of Justice informed that it was not empowered to develop methodological recommendations on the approval of the Standard statute of the territorial community and Sample Provisions on elders. Currently, there is a Standard Territorial Community Statute and Sample Provisions, developed under the USAID DIALOGUE Project, which is being implemented by Association of Ukrainian Cities.

To regulate the issue of transferring the responsibilities and functions of the State Environmental Protection Administration in the procedure provided for in CMU Resolution No.1074 "On approving a Procedure for taking steps related to setting up, reorganizing or liquidating ministries and other central executive bodies," dated 20 October 2011.

Ministry of Finance
Ministry for Development of Economy, Trade and Agriculture of Ukraine
Ministry of Justice
Ministry of Environment and Natural Resources

Implemented
— comments: In the case of executive authorities liquidation, including territorial ones, their rights and obligations in accordance with the CMU Resolution No.1074 dated 10 October 2011, shall be transferred to another executive authority.

To draft amendments to the Law of Ukraine "On protecting the atmosphere" to ensure that a list and document requirements for commercial entities seeking a stationary plant emissions permit are established in a special law.

Ministry of Justice
Ministry of Environment and Natural Resources
State Regulatory Service

In process
— comments: The Ministry of Ecology and Natural Resources informed that the recommendation was taken into account by the MEDT. The Draft Law is aimed at improving procedures for issuing permits and establishing basic requirements in respective laws regulating issuance of permits, determined by the Laws of Ukraine "On Administrative Services" and "On Permit System in the Sphere of Economic Activities".

To draft amendments to Arts. 53-5 of the Code of Administrative Violations to increase the liability of government officials in proportion to the severity of their breaches, such as ignoring deadlines, both for approving land development documentation and for reviewing applications for permits to draw up land development plans.

Ministry of Justice
Ministry of Agricultural Policy and Food
State Regulatory Service

In process

To ensure the adoption of changes to CMU Resolution No.284 dated 19 April 1993, to establish: a clear and thorough list of circumstances for compensating damages to land owners and users; a regulated procedure for reviewing requests to establish the extent of damages; timeframes for reviewing requests to establish damages and making the necessary decision.

Ministry of Justice
Ministry of Environment and Natural Resources
Ministry of Agricultural Policy and Food
State Regulatory Service

In process

Systemic report "Reducing the risk of corruption and attracting investment to the construction industry"

To propose amendments to Ukrainian land legislation to directly obligate LEBs to re-sign leasing agreements for land plots with new owners of the properties following a simplified, transparent procedure

Ministry of Regional Development, Construction and Residential Services
Ministry of Justice

Implemented
To arrange inventory of all state and consolidated registers or cadastres and ensure direct exchange of information between them through automated systems using hyperlinks. This includes the State Land Cadastre, the State Register of Immovable Property Rights and Encumbrances, USREOU, the State Register of Civil Status, Taxpayer Registers, etc.

Ministry of Justice
Other public authorities

Implemented
— comments: According to Clause 10 of the Resolution of the Cabinet of Ministers of Ukraine No.509, dated 12 July 2017, the public authorities in charge of the issued recommendation prepared and approved the protocol determining the structure and format of the information files to be transferred and accepted through information interaction of information systems of the State Registry of Immovable Property Rights and the State Land Cadastre. The respective technical protocol, inter alia, is aimed at creating technical opportunities for providing the state cadastral registrars with the information about the registered real rights over immovable property by granting direct access to the State Registry of Immovable Property Rights and entering data about owners and/or users of the land plot in the data recorded with the State Land Cadastre. Informational interaction functioning was initialized starting from mid-November, 2017.