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.
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Report name
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Issued recommendations
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Execution status
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Systemic report "Combatting raidership: current state and recommendations" |
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 |
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
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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.
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To initiate certain amendments to the legislation aimed at preventing breaches of the existing territoriality rules while conducting registration actions. Ministry of Justice |
Implemented
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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
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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.
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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.
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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.
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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 |
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.
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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 |
Implemented
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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 |
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.
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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. 