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EBA Meeting with Denys Maliuska, Minister of Justice of Ukraine

06/ 07/ 2020

Today, July 6, the European Business Association had the opportunity to meet online with Denys Maliuska, Minister of Justice of Ukraine. During the hour-long conversation, we have discussed general issues related to the Ministry’s work, as well as case studies of individual companies and industries.

Regarding the reform of the justice system in Ukraine, the Ministry is considering the establishment of a separate court for investment issues, namely, arbitration or a separate state court dealing with corporate cases. As this practice is widespread in Western countries, Ukraine could try to adopt this advanced concept. According to the Minister, the presentation of this court concept may take place by the end of August. Besides, the Ministry is currently working on the reboot of the Supreme Council of Justice to fulfil Ukraine’s commitment under the Memorandum with the IMF.

For cases against raiding and illegal actions of registrars, the business can appeal to the Anti-Raider Commission, as an alternative to the court, which conducts a hearing in the administrative order. Besides, the hearing is open to the public with the subsequent release of the court’s decision.

Regarding the lengthy procedure of state registration of decisions and delays in the alignment of documents, Mr. Maliuska said that all correctly drafted documents are registered within 10 days. According to the Minister, there are no unreasonable refusals to the registration unless the document contains no errors and drafted in compliance with the norms.

Furthermore, business representatives were able to address their individual issues regarding alcohol confiscation, real estate protection, surrogacy, fines, etc. Thus, the EBA will share with the Ministry its work on the regulation of confiscated alcohol in the context of amended Law №466-IX. Also, it was decided to hold a separate meeting for interested companies to discuss problematic issues of surrogacy. According to the Minister,  a draft law regulating this sensitive area will be presented promptly.

We thank the Minister for his time and the companies for their active participation. We will pass all the issues raised at the meeting to the Ministry for their further revision.

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