Unofficial translation (c) Soyuzpravoinform LLC
It is registered
Ministry of Justice of Ukraine
September 14, 2023
No. 1614/40670
of September 13, 2023 No. 3258/5
About approval of the Procedure for accountability and procedure for determination of the sizes of penalties for violations in the sphere of state registration of legal entities
According to paragraphs the second or fourth parts four of article 35 of the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming", Items 3, 10 Regulations on the Ministry of Justice of Ukraine, the Cabinet of Ministers of Ukraine approved by the resolution of July 2, 2014 228, ORDER to No.:
1. Approve the Procedure for accountability and procedure for determination of the sizes of penalties for violations in the sphere of state registration of legal entities which is applied.
2. Bring in Item 16 of the Section II of the Procedure for state registration of the legal entities, physical persons entrepreneurs and public forming who do not have the status of the legal entity approved by the order of the Ministry of Justice of Ukraine of February 9, 2016 No. 359/5, registered in the Ministry of Justice of Ukraine on February 9, 2016 at No. 200/28330, the following changes:
in the paragraph the second ambassador of the word "Provision" to add with words of "paragraph one";
after paragraph two to add with the new paragraph of the following content:
"In case of identification by the state registrar, except the state registrar who is the official of the Ministry of Justice of Ukraine, the facts having the investigation accountability according to Procedure for accountability and procedure for determination of the sizes of penalties for violations in the sphere of state registration of legal entities, such registrar no later than the next working day it is informed on detection of the corresponding facts Ministry of Justice of Ukraine by the direction of the corresponding letter.".
3. To department of private law (O.'s Ferens) to submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".
4. This order becomes effective from the date of, its official publication following behind day.
5. I reserve control over the implementation of this order.
First Deputy Minister
E. Gorovets
Approved by the Order of the Ministry of Justice of Ukraine of September 13, 2023, No. 3258/5
1. This Procedure determines the procedure of involvement of the legal entity, legal person resident / physical resident person who is founder (participant) of the legal entity and/or performs decisive influence on its activities, to responsibility and imposing of penalties for violations in the sphere of state registration of the legal entities identified by paragraphs the second - the fourth part four of article 35 of the Law of Ukraine "About state registration of legal entities, physical persons - entrepreneurs and public forming" (further - violation).
2. The terms used in this Procedure have the following values:
written production consideration and the solution of case on violation (further - case) without notice and/or challenge of person concerning which the protocol on violation is constituted (further - the protocol) based on case papers;
oral production consideration and the solution of case with participation of person concerning which the protocol, for providing to it possibility of provision of oral explanations is constituted.
3. The penalty for violation can be imposed within one year from the date of violation identification, but no later than three years from the date of its making.
4. Consideration of the case cannot be begun, and the begun consideration is subject to closing in case:
1) lack of event or structure of violation;
2) invalidity of provision of the law establishing responsibility for violations;
3) the expiration during which the penalty can be imposed;
4) state registration of the termination of activities as a result of liquidation of the legal entity concerning whom the protocol is constituted;
5) the death of the physical person concerning whom the protocol is constituted;
6) availability of the resolution on imposing of penalty or the resolution on solution of the case concerning the same person for the same violation.
5. In case of violation identification, in particular by result of control according to the Procedure the Ministry of Justice of control of activities in the sphere of state registration of the corporeal rights to real estate and their encumbrances and state registration of legal entities, physical persons - entrepreneurs and public forming, the Cabinet of Ministers of Ukraine approved by the resolution of December 21, 2016 No. 990 (in edition of the resolution of the Cabinet of Ministers of Ukraine of December 4, 2019 No. 1125); based on the notification of the state registrar of legal entities, physical persons entrepreneurs and public forming in the case provided by Procedure for state registration of the legal entities, physical persons entrepreneurs and public forming who do not have the status of the legal entity, the approved order of the Ministry of Justice of Ukraine of February 09, 2016 No. 359/5, registered in the Ministry of Justice of Ukraine on February 9, 2016 at No. 200/28330; by results of implementation of the verification of information provided by the legal entity, which is carried out according to Procedure for conducting the verification of information provided by the legal entity in explanation and documents for confirmation of information about the final beneficial owner and/or structure of property of the legal entity approved according to the legislation the protocol is constituted.
6. The protocol is constituted by officials of the Ministry of Justice of Ukraine according to the powers assigned to them.
7. In the protocol are specified:
1) date and place of its creation;
2) position, surname, own name, middle name (in the presence) person which constituted the protocol;
3) the information about person concerning which the protocol is constituted:
for the legal entity: the name, identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine, the location, surname, own name, middle name (in the presence) the head of the legal entity;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.