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16.06.2015 Olesya Mykhailenko Studied Mediation Aspects in the Area of the Intellectual Property Law

Olesya Mykhailenko, Associate at Gvozdiy and Oberkovych Law Firm participated in a Round Table Conference named Mediation in the area of the intellectual property law (hereinafter – the IP), which was held on June 11, 2015 by the State Intellectual Property Service of Ukraine together with National Association of Mediators of Ukraine.

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Legal updates as of September 15, 2016

15.09.2016

NEW PROCEDURE FOR REGISTRATION OF TITLES APPROVED


On 6 September 2016, took effect the Procedure for the state registration of the titles to immovable properties and their encumbrances, the new wording of which was approved by Resolution of the Cabinet of Ministers of Ukraine No. 553 dated 23 August 2016. The state registration of the titles will be performed based on the applications submitted to the notary or the state registrar.

On acquisition of the title to a residential house, building or facility with simultaneous acquisition of the title to the underlying land plot, and in case of the state registration of the rights derivative to the title, simultaneously with registration of the title to the property, the owner should submit an application on such property.

The application should be printed out using the software application of the State Registry of Property Rights to the Immovable Property, signed by the applicant and attached to the documents submitted for the registration. At the applicant's will, he/she may obtain a copy of the application.

Following its signing, the application is registered in the applications database. The date and time of the registration are deemed the moment of acceptance of the application.

At the applicant's will, the information from the Registry may be provided in hard copy on А4 size paper sheets without use of special-purpose standard forms or the state registrar's seal. The information from the Registry in paper or soft format shall be of equal legal force and shall contain mandatory references to the Registry.

 

PROZORRO SYSTEM CAN BE INTEGRATED WITH THE UNIFORM STATE REGISTRY OF LEGAL ENTITIES AND PRIVATE ENTREPRENEURS


According to the official web-site of the Ministry of Economic Development and Trade of Ukraine, ProZorro state procurements system will soon offer to the users the function of automatic verification of the applicant's details in the Uniform State Registry of Legal Entities and Private Entrepreneurs.

Integration via the Application Programming Interface with the key registries is one of the principal tasks of development of ProZorro and creation of totally "paperless" procurements. The option of the automatic verification of the information in the Uniform Registry is the first step on this path.

The automatic exchange of data with key registries will increase the level of security of the system, since it will not allow to enter incorrect data into the system. Furthermore, this will simplify the business operation, whereas it will automate the verification of the data (paper statements will be redundant).

This resolution gives similar opportunities to other organizations interested in the integration via the API, including private companies (e.g. a number of banks expressed their interest in such a service).

Underway are the negotiation as regards integration of the other key registries of the State Fiscal Service and the Ministry of Internal Affairs of Ukraine.

 

TOURIST TRIP FINANCED BY TRADE UNION TO BE CONSIDERED AS FRINGE BENEFIT


The State Fiscal Service of Ukraine in its letter No. 19029/6/99-99-13-02-03-15 dated 02.09.2016 stated that the cost of holiday tours or summer rest organized and financed by the trade unions for their members and their close relatives without purchase of trip vouchers will be added to their total taxable income as a fringe benefit. As a consequence, the cost of such voucher will be subject to personal income tax and military duty on general grounds.

In the estimate prepared using standard form No. 1ДФ, incomes in the form of fringe benefit should be marked by attribute "126".


NATIONAL BANK OF UKRAINE HAS REGULATED OPERATION OF BANKID SYSTEM


Within the scope of realization of the Complex Program of Development of the Financial Sector of Ukraine to 2020, the National Bank of Ukraine has approved the rules of operation of the Uniform National System of Electronic Remote Identification of Physical and Legal Persons (BankID). The procedure has regulated the integration of the banks with the BankID system and the administrative services providers and defined the terms and conditions and a procedure for connection of the subscribers to the BankID system.

The procedure was approved by Resolution of the Management Board of the NBU No.378 dated 30 August 2016 "On Approval of the Uniform National System of Electronic Remote Identification of Physical and Legal Persons of the National Bank of Ukraine (BankID)".

The next step will be the use of the BankID system to identify bank customers to obtain administrative and bank services.

The portal of the Ministry of Justice of Ukraine, the Uniform Portal of Administrative Services of the Ministry of Economic Development and Trade and the Portal of Administrative Services of Lviv are already connected to BankID system.

JSC "Oshchadbank" and PJSC "First Ukrainian International Bank" (FUIB) became the system members. Applications on connection were received from JSC "OTP Bank", JSC "UkrSibBank" and PJSC "Ukrsotsbank" (UniCredit Bank).

We note that the National Bank of Ukraine does not restrict the number of the system participants and seeks to attract the maximum number of banks into the BankID system.

 

MOBILE GROUPS TO START WORK AT CUSTOMS


From 5 September 2016, 20 mobile groups for prevention and identification of violations of national customs legislation started their work.

The mission of these groups is to strengthen the anti-smuggling and anti-corruption efforts at the customs, to improve the efficiency of the customs control and to counteract customs legislation offences.

The activities of the mobile groups will be coordinated by the Interdepartmental Special Purpose Center organized in late August.

The analytical center and the mobile groups will operate round the clock.

 

GOVERNMENT OBLIGED THE REGISTRARS TO VERIFY COURT AWARDS BEFORE COMMITTING REGISTRATION ACTS


On 8 September 2016, the Cabinet of Ministers of Ukraine approved its resolution that obligated notaries and other registrars to verify court awards for counterfeit in advance of registration acts.

Should a registrar find relevant decision in the court awards registrar, he/she shall perform the registration act. Otherwise, the registration act will not be performed.

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