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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To include in the Draft Law No.6232 provisions which would: -Introduce amendments to the Administrative Procedural Code of Ukraine providing that the subject matter of the claims in the administrative proceedings cannot be demand to cancel or revoke the registration entries in the state registries, if enforcement of decision taken in such a case would directly result in the emergence, modification or termination of real rights or encumbrances.
Verkhovna Rada of Ukraine |
Implemented
— comments:
In accordance with p. 3 of Art. 19 of the Code of Administrative Adjudication of Ukraine dated 07.01.2018, administrative courts do not consider claims that derive from claims in a private-law dispute and are filed therewith, if this dispute is subject to consideration other than as provided hereunder, and is being considered by the relevant court.
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To include in the Draft Law No.6232 provisions which would:-Introduce amendments to the Civil Procedure Code of Ukraine and the Commercial Procedure Code of Ukraine, which would foresee that property owner, when applying to the court for the protection of his/her property right, can unite in a single claim several related claims due to be considered under the rules of different types of litigation, provided that a separate consideration of such claims by the courts of different jurisdictions would deprive him/her of efficient legal protection envisaged in Article 13 of the European Convention on Human Rights and Fundamental Freedoms.
Verkhovna Rada of Ukraine |
Implemented
— comments:
According to para. 13 of Art. 20 of the Commercial Procedural Code of Ukraine, commercial courts shall consider cases in disputes arising in connection with the conduct of economic activity, in particular, claims for the registration of property and property rights, other registration actions, invalidation of acts violating rights to property (property rights), if such claims derive from a dispute regarding such property or property rights or a dispute deriving from corporate relations, if this dispute is subject to consideration in the commercial court and submitted thereto for consideration along with such claims;According to p. 12 of Art. 30 of the Commercial Procedural Code of Ukraine (exclusive jurisdiction), claims for registration of property and property rights and other registration actions, if consideration of such claims falls within the jurisdiction of the commercial court, are considered by the commercial court determined by the rules of jurisdiction of the dispute, the derivatives whereof such laims are.The Civil Procedural Code of Ukraine Para. 2 of p. 1 of Art. 19 of the Civil Procedural Code of Ukraine states that courts shall, in accordance with the procedure of civil proceedings, also consider claims for the registration of property and property rights and other registration actions, if such claims derive from a dispute regarding such property or property rights, if this dispute is subject to consideration in the local general court and referred thereto for consideration with such claims.According to p.8 of Art. 30 of the Civil Procedural Code of Ukraine (exclusive jurisdiction), the claims for registration of property and property rights, other registration actions are considered by a court determined according to the rules of jurisdiction of the dispute, the derivatives whereof such claims are.
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To develop unified practical guidelines and methodologies to help the companies build and improve the reliable compliance systems. The Council emphasizes that such guidelines could be useful for businesses, if they cover the issues of best practices in the area of corporate governance; ensure a balanced allocation of authorities among managerial bodies of the company; propose optimal approaches to the development of internal policies/regulations (document signing/ initialization procedures, reporting policies, risk management, key performance indicators, etc.); disclose the essence of the procedures that determine the nature of violation associated with conflicts of interest as well as the mechanisms of ongoing control to detect violations, etc. Appropriate attention to those issues will help mitigate raidership risks.
National Agency on Corruption Prevention |
Implemented
— comments:
The Decision of the NACP dated 22.09.2017 No.734 approved the Methodical recommendations for the preparation and implementation of anti-corruption programs of legal entities.
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To complete the implementation of the measures envisaged in the State Program for Implementation of the National AntiCorruption Policy for 2015-2017 in terms of addressing corruption in private sector. To ensure a sustainable effect, particular measures should also be reflected when developing the National Anti-Corruption Policy for subsequent years by the National Corruption Prevention Agency.
National Agency on Corruption Prevention |
Implemented
— comments:
According to the NACP's response to the Council's request (letter dated 19.03.2018 No.20-23/10304/18), the relevant measures have already been implemented.
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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. 