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Chernikov Dmitry

Specializes in criminal, civil and administrative law, recalculation of military pensions

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TERRITORIALITY OF STATE REGISTRATION OF LEGAL ENTITIES. INNOVATIONS DURING THE WAR

To date, the issue of state registration of legal entities has become very relevant. The wording “state registration” should be understood not only the initial registration, but also the creation of a legal entity, as well as amendments to the constituent documents, information about the legal entity (location, economic activities, participants, founders, director, authorized persons, etc. .d.), termination of the enterprise.

The issue of state registration is primarily regulated by the Order of the Ministry of Justice of Ukraine dated 09.02.2016 № 359/5, which approved the Procedure for state registration of legal entities, individuals – entrepreneurs and public entities that do not have the status of a legal entity. This procedure regulates the general principles of state registration, registration through front offices, features of state registration of applications in electronic form, state registration of political parties.

Registration of legal entities, including public formations without the status of a legal entity, on the basis of documents submitted in paper form is carried out within the regions, the city of Kyiv and Sevastopol at the location of the legal entity.

If the documents are submitted in electronic form, the state registration of legal entities is carried out regardless of their location.

In connection with the beginning of the full-scale Russian-Ukrainian war, and the temporary occupation of the territories of Ukraine, there was an urgent problem with the state registration of legal entities. As some oblasts are occupied, some are active in hostilities, there is no physical possibility to register legal entities in the above-mentioned oblasts of Ukraine.

Given the above circumstances, the Ministry of Justice of Ukraine 03.03.2022 amended the procedure for state registration of legal entities. These changes provide that in the event of martial law in some regions or throughout Ukraine, state registration of legal entities may be carried out by any subject of state registration, regardless of the location of such persons.

Thus, at the time of the martial law regime, legal entities can be registered anywhere in Ukraine. These changes create significant risks that unscrupulous registrars will carry out so-called “gray” registration activities outside the location of enterprises. As a rule, these registration actions are carried out on the basis of forged documents, signed documents by unauthorized persons or in violation of the registration procedure.

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