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 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.
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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.
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To develop a single regulations, which would set forth the procedure for assigning postal addresses to immovable property in the territory of Ukraine and harmonization of the latter with the existing legislative provisions.
Ministry of Regional Development, Construction and Residential Services |
In process
— comments:
On 20 March 2018, the Council received a letter from the Ministry of Regional Development, Construction and Residential Services dated 02.03.2018. No.7/14-2227, according to which it prepared Draft Law "On Amendments to Certain Laws of Ukraine regarding Improvement of Urban Development" (dated 04.05.2016 No.4585), which governs the issue of assigning postal addresses to construction sites within and outside the settlements. However, by the letter of the Cabinet of Ministers of Ukraine dated 30.12.2017 No.7532/0/2-17, the said draft law No.4585 was withdrawn from VR. At present, suggestions for regulating the issue of determining the procedure for providing an address for a construction site are included in the draft laws "On Introducing Amendments to Certain Legislative Acts of Ukraine on Improving the Investment Climate in Ukraine" (No.6540 dated 06.06.2017) and "On Amendments to Certain Legislative acts of Ukraine in the sphere of urban development" (No.7085 dated 06.09.2017), which are included in the agenda of the seventh session of the VRU of the eighth convocation in accordance with the resolution of the VRU of No.2149-VIII dated 10 March 2017. On 22.03.2018 the draft law "On Amendments to Certain Legislative acts of Ukraine in the sphere of urban development" No.7085 dated 09.06.2017 was adopted in the first reading. At the moment, the draft law is being prepared for second reading.
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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.
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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.
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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.
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To develop and approve the Methodological Guidelines for Prosecutors in accordance with clause 9 of part 1 of Article 9 of the Law of Ukraine "On Prosecution", in order to ensure more uniform application of legislative acts of Ukraine when conducting the prosecutorial activities in the procedural management over the investigation of "raidership" crimes. Given that, in accordance with the applicable Criminal Procedural Code of Ukraine, the prosecutors, in the exercise of the procedural management, are empowered with procedural management over the progress of the pre-trial investigation, the Council believes that such Methodological Guidelines should help the prosecutors effectively coordinate the work of investigators in the investigation of intricate "raidership" schemes.
Prosecutor General’s Office of Ukraine |
In process
— comments:
As reported by the Deputy Prosecutor's General some time ago at the Meeting Of the Inter-Governmental Working Group aimed at Combatting Raidership, chaired by First Deputy Prime Minister of Ukraine.
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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. State Judicial Administration |
In process
— comments:
Coordination of consultations between two technical administrators are still ongoing.
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To strengthen the training capacity of the National Corruption Prevention Agency and the Ministry of Justice of Ukraine to raise awareness of companies about the international standards and their implementation by the private sector.
National Agency on Corruption Prevention |
In process
— comments:
The NACP Development Strategy for 2017-2020 and plans for its implementation, approved by the NACP decision dated 22.06.2017 No.234, provides for the annual studies on implementation of the assessment of corruption risks in the activities of legal entities. Thus, the NACP informs about carrying out 6 trainings for authorized persons responsible for implementation of anti-corruption programs of the state enterprises, which belong to the sphere of management of the relevant ministries.
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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 |
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.
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