Law Digest

Changes to legislation on the fight against raiding

On 6 October the Verkhovna Rada adopted the Act On Amendments to Some Legislative Acts of Ukraine Concerning Improvement of the State Registration of Rights to Immovable Property and Protection of Property Rights (Act No.5067).

The Act is designed to protect property rights during registration activities, strengthening administrative and criminal liability of subjects of registration actions, participants of illegal conspiracy.

It is assumed that the authenticity of signatures of a founder (member), a person authorized by them or head and secretary of the general meeting, affixed on a decision of a legal entity authorized body, that is filed for state registration of changes about such legal entity must be notarized. Also subject to notarization is the authenticity of a signature on constituent documents, deed of assignment and divided balance sheet of a legal entity, on statement of withdrawal from a company.

This Act amends the On Applying Digital Signatures Act of Ukraine only with the personal presence of signatories, including company officials; it is suggested to complicate the procedure for opening a new section in the State Register of Rights to Immovable Property.

At the same time, the purpose of proper implementation of the rights of a person who considers that his rights were violated, to appeal decisions, actions or inactions of the state registrar, subject of state registration, it is expected to increase time limit for filing complaints with the Ministry of Justice of Ukraine and its territorial bodies from 30 calendar days up to 60 calendar days. It is also proposed to notify all the owners of a legal entity about receipt of an application to amend the registers by a state registrar.

Thus, the owner is given the opportunity to halt registration actions. The Ministry of Justice and its territorial bodies shall be entitled to forward presentation about cancellation of certificate of right to engage in notary activities to the High Notary Qualification Commission of the Ministry of Justice as a result of consideration of a complaint.

The Act stipulates implementation of continuous monitoring of registration activities in the State Register of Rights to Immovable Property and in the Unified State Register of Legal Entities and Natural Persons — Entrepreneurs and Public Organizations by the Ministry of Justice.

Moratorium on sale of agricultural land extended to 2018

On 6 October the Verkhovna Rada of Ukraine adopted a decision to extend moratorium on the sale of agricultural land until 2018. The document provides, inter alia, extension of moratorium on sale and purchase or otherwise alienation of agricultural land till resolution of agricultural land turnover procedure at legislative level, but not earlier than 1 January 2018.

The need to extend the moratorium for another year was based on the fact that the issue of formation and development of agricultural land turnover in Ukraine is not legally regulated at the present time. Therefore, such measures are necessary to ensure transparent and fair formation of the land market and to avoid monopolization, as well as excessive concentration of land in the hands of one person.

Thus, the ban on the right of disposal of agricultural land plots was extended, including, for example, such aspects as the right to change intended purpose, the right to sell, grant or use a land plot as a pledge.

Procedure for implementation of Twinning projects adopted

The Government has approved the Procedure for initiation, preparation and implementation of Twinning projects by its Resolution of 11 October 2016.

The document improves process of preparation and implementation of such projects by appointment of the National Agency of Ukraine on Civil Service as coordinator for implementation of this instrument of institutional development, also it regulates relations between the National Agency of Ukraine on the Civil Service and beneficiaries of Twinning projects.

The Twinning project is the EU technical assistance project, which provides for joint action of state authority of the member state with a beneficiary, and aims to achieve the required results set out in the Twinning-contract.

It is established that coordination of preparation of Twinning projects and facilitating their implementation is provided by the Administrative Office for Twinning programs. Administrative Office functions are entrusted to the Center for Adaptation of Civil Service to EU standards.

The effect of this Procedure applies to ministries and other central executive bodies and government collegial bodies that form and implement state policy in relevant areas of public administration.