Interview with Pavlo Moroz on the meaning of anti-raider law in the state scale, of which so much has been said and will be added. Subject is painful and topical
The main thing which is trying to convey to society and to the legal and business community Pavlo Moroz, is a shameful phenomenon in Ukraine such as raidership. Therefore, the so-called anti-raider law (№1666-VIII), which entered into force on November, 2 of 2016 is of a great importance. And the conversation with the Deputy Minister of Justice for registration once again convinced Lawyers Daily of it.
The questions that were raised with Pavlo Moroz, and the received answers are below.
The main in Anti-raider law
First of all, it is a reliable protection of assets from unauthorized alienation. Even just for the attempt of unlawful seizure significantly enhanced responsibility – of absolutely everyone involved in it. It determines the maximum detention period – this is 10 years.
The registration actions regarding juridic persons and real estate can now be carried out only within the area. The exception is business registration on-line. The main statutory provisions made it impossible the most common form of abuse. We are talking about those frequent cases when the actuary in Mykolaiv commits illegal actions with respect to the registration of any property in the Lviv region. Next important change is that now the digital signature is valid only in case of personal presence of subscribers.
Law №1666-VIII has warned cases when unauthorized persons received electronic signature without the knowledge of directors and chief accountants, and then used to get rid of accumulated business tax credit, VAT refunds and unauthorized transfer of funds. Now the notarization of signatures of chairman secretary or any other participants of the meeting, on the report and on the founding documents while introduction of alterations, is mandatory.
The most important thing now that it is not possible to “reestablish” the assets based on a “bad paper”: anti-raider law has excluded one of the most common raiderschemes in the country.
At the same time, thanks to the law №1666-VIII it is impossible to register with respect to the business or property, based on a fake court decision, since the 2000s it has been working such a “ritual” of such acts in our country. According to the law, the state registrar must ensure that the court decision against him contained in Single State Register of Court Decisions or State registrar must go to court and find out whether it eas handed down a decision.
“Anti-raider law,” will raise Ukraine at least 40 points in the international rating for protection of property rights indicators, while the country is now on the “high” one hundred and fifteenth position out of 128 possible.
This figure is very important for foreign investors and its level indicates the ability of safe investment into the country
But this does not mean that the country as a whole will rise in the ranking on 40 levels. The fact that raidership in Ukraine is not the only or main reason for which Ukraine does not look attractive to investors. End of the war is the most important sign that the country stood on the threshold of political and economic stability.
The general understanding of the law provides:
- message to the owner of the registration activities performed in relation to his property;
- provision of digital signatures only with the personal presence of the signatories, including officials of the enterprises;
- control monitoring of registration procedures;
- a number of amendments, making it impossible to “eliminate” the property on forged court decisions;
- increasing the period for filing a complaint to the Ministry of Justice and its territorial bodies from 30 calendar days to 60.
About a personal
Work 12 hours every day it is well, not only for the officials, and for every man, because human potential is usually inexhaustible. But 1 time every few months you should allow yourself a “breath of fresh air”, spending half a day outside of the city. It inspires and gives physical strength.
Whether to use the opportunity to move to another country – it is all of us, but being born in Ukraine it is worth it to invest in it and develop it.
Interviewed by Zhanna Garashchuk