LAW OF UKRAINE

of October 6, 2016 No. 1666-VIII

About modification of some legal acts of Ukraine concerning enhancement of state registration of the rights to real estate and protection of the property rights

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Code of Ukraine about administrative offenses (The sheet of the Supreme Council of USSR, 1984, Appendix to No. 51, the Art. 1122):

1) in Article 166-11:

in the name of the word "and physical persons entrepreneurs" shall be replaced with words "physical persons entrepreneurs and public forming";

in part one:

in paragraph one of the word "or physical person entrepreneur" shall be replaced with words "physical person entrepreneur or public forming";

in the paragraph the second shall be replaced with words the words "from twenty to forty" "from two hundred to four hundred";

after part one to add with new part of the following content:

"The actions provided by part one of this Article, which are commited by person which within year was subjected to administrative punishment for the same violations,

attract imposing of penalty on officials from three hundred to five hundred free minima income of citizens".

With respect thereto the second - the fifth to consider parts respectively parts three of the sixth;

in part five of the word of "first, second or third" shall be replaced with words "third or fourth";

in part six and the note of the word "and physical persons entrepreneurs" shall be replaced with words "physical persons entrepreneurs and public forming";

2) in Article 166-23:

in the paragraph the second shall be replaced with words parts one of the word "from twenty to forty" "from two hundred to four hundred";

in the paragraph the second shall be replaced with words parts two of the word "from hundred fifty to two hundred" "from four hundred to five hundred";

3) in Item of 1 part one of Article 255:

the paragraph "subjects of the state financial monitoring (Article 166-9, Article 188-34)" to state part five of Article 166-11, in the following edition:

"subjects of the state financial monitoring (Article 166-9, part six of Article 166-11, Article 188-34)";

the paragraph "the central executive body realizing state policy in the field of state registration of legal entities and physical persons - entrepreneurs (parts one, the second, ninth and tenth Article 166-6, of part pervayachetverty Article 166-11)" to state in the following edition:

"the central executive body realizing state policy in the field of state registration of legal entities, physical persons - entrepreneurs and public forming (part one, the second, ninth and tenth Article 166-6, of part one - the fifth Article 166-11)".

2. In the Criminal code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2001, Art. No. 25-26, 131):

1) in paragraph one of part one of Article 206 of the word of "destruction of their property" shall be replaced with words "destructions of their property or capture of complete property complex, its part, buildings, constructions, the parcel of land, construction objects, other objects and the illegal termination or restriction of activities on these objects and restriction of access to them";

2) in Article 358:

in part one:

word in paragraph one "the private notary, the auditor" shall be replaced with words "the notary, the state registrar, the subject of state registration of the rights, person authorized on accomplishment of functions of the state on registration of legal entities, physical persons entrepreneurs and public forming, the state contractor, the private contractor, the auditor";

in the paragraph the second shall be replaced with words the words "to hundred" "to one thousand";

in paragraph one of part two of the word "Creation or Issue by the Worker of the Legal Entity of Any Pattern of Ownership Who Is Not the Official, the Business Owner, the Auditor, the Expert, the Appraiser, the Lawyer or Other Person, Performing the Professional Activity Connected with Provision of Public Services" shall be replaced with words "creation or issue by the worker of the legal entity, irrespective of pattern of ownership, not being official, creation or issue by the business owner, auditor, expert, appraiser, lawyer, notary, state registrar, subject of state registration of the rights, person authorized on accomplishment of functions of the state on registration of legal entities, physical persons entrepreneurs and public forming, the state contractor, the private contractor or other person performing professional activity connected with provision of public or administrative services";

3) in paragraph one of part one of Article 365-2 of the word "the arbitration judge (in case of accomplishment of these functions), for the purpose of receipt of illegal benefit for itself or other persons" shall be replaced with words "the arbitration judge (in case of accomplishment of these functions), or the state registrar, the subject of state registration of the rights, the state contractor, the private contractor for the purpose of receipt of illegal benefit".

3. In the Civil code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2003, Art. No. No. 40-44, 356):

Paragraph one of part one of Article 126 to add 1) with the offer of the following content: "Authenticity of the signature on the statement for exit from society is subject to the notarial certificate";

Part one of Article 148 to state 2) in the following edition:

"1. The member of limited liability company has the right to leave society, having declared it not later than three months to exit if other term is not established by the charter. Authenticity of the signature on the statement for exit from society is subject to the notarial certificate".

4. In the Law of Ukraine "About economic societies" (Sheets of the Verkhovna Rada of Ukraine, 1991, No. 49, Art. 682 with subsequent changes):

Part the second articles 4 after the words "majority of votes" to add 1) with the words "procedure for signing of constituent documents";

2) in Article 71 part one:

in the first offer the word "having warned" to replace with the word "having declared";

add with the offer of the following content: "Authenticity of the signature on the statement for exit from society is subject to the notarial certificate".

5. In the Law of Ukraine "About notariate" (Sheets of the Verkhovna Rada of Ukraine, 1993, No. 39, Art. 383 with subsequent changes):

1) in part one of Article 3 of the word "and also performs functions of the state registrar of the rights to real estate according to the procedure and the cases established by the Law of Ukraine "About state registration of the rights to real estate and their encumbrances" to exclude;

2) in Article 10:

the ninth after the words "on representation respectively" to add part with the words "Ministries of Justice of Ukraine";

the tenth after the words "Procedure for Introduction Respectively" to add part with words "The Ministry of Justice of Ukraine";

3) in Item 2 parts one of Article 12:

the paragraph one after the words "accepted based on representation" to add with the words "Ministries of Justice of Ukraine";

state the subitem "e" in the following edition:

"e) numerous violation by the notary of the current legislation or gross violation of the law which caused damage to interests of the state, the companies, organizations, organizations, citizens when making the notarial actions and/or other actions assigned to the notary according to the law";

4) in part one of Article 13 of the word "complete higher legal education" shall be replaced with words "the higher legal education, but not below the first level (bachelor)";

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info