Cyberatics for State Registers: Head of the Office of Combating Raiding on the reasons for closing registers since the beginning of the war

Has this provided full protection against illegal registration actions? It should be started with the fact that on February 24, in addition to the visible attack of the Russian Federation, there have also been imperceptible to the general public - cyberattacks, in particular on state registers. First of all, on the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations (EDR) and the State Register of Real Property Rights (DRP).

And these are the main registers that ensure the ownership of citizens. Therefore, the Ministry of Justice has made a quick and volitional decision to completely detach these registers from the general network, ensuring their autonomous functioning and storing all the data on the relevant servers. The video was the right solution, because since the time of access to be stopped until its gradual recovery began, cybercrime failed to get to the data contained in these registers.

What are the restrictions of access to registers? How are they determined and how effective? The martial law period allowed us to work on the point closure of legal sparin, which could be used for illegal registration actions. In particular, the actions related to the alienation of shares in the authorized capital on the basis of power of attorney, including foreign ones (these restrictions are in force now).

In addition, it is impossible to transfer the location of a legal entity to the temporarily occupied territories, or to those where active fighting is underway. The prohibition on state registration of ownership on the basis of a mortgage agreement on a consumer credit is also valid, because the state understands the problem of mortgage and credit legal relations during the war. It is also forbidden to alienate real estate until the end of one month from the date of ownership of such property.

In general, the restrictions in the first stage were rigid - a very small list of registration actions was allowed. As of now, almost all registration actions are allowed, but with certain features that are caused by our historical war period.

What is the situation with the receipt of complaints about decisions, actions or omissions of the state registrar and state registration entities? We now see as a general increase in the number of registration in the country, so that it is natural, an increase in complaints about these actions.

Protre response, whether the appropriate complaints are substantiated, we will be able to obtain later-representative statistics will be available for analysis in October-November, when most complaints that come during the current order will be considered. The Anti -Raider College has renewed its activities almost simultaneously with the expansion of the list of permitted registration actions for illegal decisions.

And by that time we had the possibility of prompt intervention and cancellation of illegal registration actions in a single manner by the Minister of Justice. Is it possible to analyze now what is the dynamics of complaints compared to pre -war time? Compared to 2021, the percentage of complaints from the number of registration actions has almost doubled. We believe that this is the result of the restrictions introduced.

For example, when access to the state registration system was granted only state registrars for whom sanctions were not applied in the form of temporary blocks for a term of more than 3 months or cancellation of access to the relevant register. That is, people who want to take illegal registration actions do not have this opportunity. What are the registration actions related to the highest risks? In our new realities, the list of risky registration has changed.

Now, in my opinion, the most risky are registration actions that can help to avoid citizens and legal entities of the aggressor country sanctions imposed by national and international legislation.

Therefore, every notary and a state registrar should understand that the Ministry of Justice will pay special attention to registration and notarial actions related to documents that mention the aggressor country, now the office of counteracting the raid is fruitfully interacting with law enforcement agencies and the Department of sanction Policy responsible for monitoring the compliance with sanction legislation in order to prevent such cases and respond to such attempts in a timely manner.

If we talk about classic risk registration actions, then, judging by the number of complaints of citizens, it is first and foremost an appeal on mortgage property in accordance with Art. 37 of the Law of Ukraine "On Mortgage", which allows a banking institution to acquire ownership of property, which is pledged with the bank, due to non -payment on the loan. But at this time, such registration actions are prohibited, with some exceptions.

In this way, the state cares for the layer of the population that could suffer from the general economic situation in the country. If we talk about the most risky actions that can be worried about business, it is the alienation of shares in the authorized capital, the increase in the authorized capital and the blurring of shares in legal entities, registration actions related to the creation of new societies on the basis of counterfeit documents, etc.

Special attention should also be paid to the power of attorney, including those that were certified without the use of special forms of notarial documents. At the same time, the state provided an algorithm of actions of a notary, who is given a power of attorney during the conduct of individual notarial acts, as well as a registrar who is submitted a power of attorney or documents signed on its basis for carrying out registration actions in the EDR.

You mentioned the risks of avoiding sanctions by representatives of the aggressor state and appropriate monitoring. Are there any statistics of such attempts? Until such a statistical analysis was carried out. The corresponding issues are investigated, the response mechanisms in the future are being developed. In May, the Verkhovna Rada adopted a law to improve the mechanism of counteracting the raid.

Is it possible to talk about the first results of legal changes introduced by this document? This law is primarily aimed at two large areas. The first is a procedure for consideration of state registration complaints. The second is changes for business, including agrarian. The law establishes the obligation to grant the consent of the general meeting of participants to terminate the lease (sublease) of agricultural land, the tenant of which is a private legal entity.

In the absence of such consent, the contract will be invalid, and therefore the state registration of the termination of the lease will be illegal. Thus, we help agricultural enterprises bring legal relations with tenants to a clearer and logical channel. Also, this law removes such popular in raider schemes of sparin as holding a general meeting with the participation of the chairman and secretary without the proper number of participants.

It is now established that in the case of the number of participants up to 10 people (which is the majority of limited liability companies in Ukraine), a protocol that contains information on the decision on the change of the head of the company is signed by participants (their representatives) who voted for such a decision and the number The votes of which are sufficient to make a decision, unless otherwise provided by the statute of the Company.

This provision does not apply to joint -stock companies, public formations and condominiums. The measures taken to combat the "pressing" of the registers - excluded norms for suspension of consideration of documents in the EDR, the grounds for the owner's statement on the prohibition of committing registration actions in the DPP are not accepted. Also, rules for certain types of state registration in the EDR were introduced without the participation of the state registrar.

The list of reasons for the existence of encumbrance will not be the basis for refusing to register, especially the encumbrances provided by the encumbrances provided by the functioning of the land market. Modern rules for updating in the DRP of real estate characteristics, elimination of technical errors in this register. Regarding the procedure for consideration of complaints, we are already seeing improvements.

We have disappeared such mechanisms of artificial blocking of complaints, as a refusal to satisfy the complaint in the event of a court dispute. The obstacles that made it impossible to comply with our arrests and encumbrances for certain property were also eliminated. Currently, the only obstacle to the execution of orders of the Ministry of Justice is a direct prohibition for him to obey such orders.

In other cases, this does not prevent the ministry from returning to the legal owner of his property. Also, in order to ensure the stability of civil turnover, the deadline for appealing decisions on state registration is set, if from the moment of such registration more than a year before the complaint has been filed. Even if the complainant has learned within the two months for appeal, the complaint remains without consideration.

What could be corrected quickly and efficiently, this law has already been done. What else should be done to improve the state registration system, in your opinion? There are no limits of perfection. But key changes have been addressed by many problems that have been inherited from 2016-2019. There are also global state projects that need to improve the system of state registers, etc.

How is the fight against other types of raiding other than registration? In your opinion, do law enforcement work effectively? There are already the first court sentences for state registrars of utilities that existed until 2019 and were liquidated due to the first "anti -raider" law. If this can be considered as an indicator of the effectiveness of law enforcement and judicial systems, the first positive results are.

I am sure that this is due to the interaction between law enforcement and the Ministry of Justice. There are often cases where the procedure for consideration of complaints adds material to criminal cases of law enforcement, in particular, in cases where there are no formal violations by state registrars, but state registration precedes criminal acts, in particular for counterfeiting documents.

We have repeated requests from law enforcement agencies to comply with the procedure of state registration and clarification, which were the violations. And we see that these developments are in justification of the indictments, and the courts use our information in the sentences on the illegality of registration actions committed by the state registrars of "KP-Eshok" at the request of raiders.

I am sure that law enforcement agencies are beginning to understand the importance of the state registration system of property rights. In addition, we have a mechanism for notifying law enforcement agencies about gross violations in the actions of the state registrar. Among other things, it is about cases where the Ministry of Justice satisfies the complaint on the results of a single review.

We see that law enforcement officers work out materials not only on the appeals of the victims, but for ours. At the beginning of our conversation, you said that since February 24, cyberattacks have increased on state registers. To what extent are owned by electronically? Do paper documents now need? As of today, the state recognizes two types of carriers that confirm ownership - paper and electronic.

But since the beginning of 2020, the Ministry of Justice began to put into circulation a term of property hygiene of the owner. Every citizen should remember that in addition to property rights, he or she has duties. Including the obligation to ensure reliable storage of paper documents. And entering information from paper documents in the electronic register should be a simple rule, how to wash your hands.

It is unlikely that every owner of a paper document, for example, on a land plot or house knows exactly whether his ownership is confirmed in electronic form. Where to contact him to check the information or enter the data in the registry? He is enough for him to contact any state registrar in the territorial community, the center of administrative services or a notary. The registrar or notary will check whether there is information about ownership in the register.

If there is no information, I advise you to get information in the registry. This will help a registrar or notary who has the right to carry out state registration during martial law. Of course, such application is not binding on the owner, but will be an additional protection of the ownership of fraud.

Since since the state began to enter data on ownership in the electronic register? Because, for example, the person who purchased the site in 2005 or 2008 may not remember whether the corresponding information was entered in the electronic register. The first electronic register - the Register of Property Rights to Real Estate - was launched in 2002. The registration of real estate rights during that period was carried out. Each city, each region connected to this registry at different times.

Kyiv, for example, connected the last - June 1, 2010. This register was filled with BTI until January 1, 2013, namely, until the time of the current Register of real rights to real estate. The ownership of land in the old register was not introduced at all. Since 2013, this old register of real estate ownership has become an archival component of a new DRP. We still use his information. Therefore, citizens should be guided by the excerpt from the register to the legal documents for property.

If you have an extract, then the data in the registry is. If there is no extract, and there is a BTI stamp on the document or BTI registration certificate, then there is no data in the register.

What if the owner has only a paper document and lose it? It will be difficult to restore ownership? This can be done relatively simply provided that the owner has the opportunity to get a duplicate of such a document, for example, from an archive of a notary or a local government body that certified or issued such a document. Of course, if such archives are preserved during military aggression.

If the archives with documents are destroyed or in the occupied territories, then it will be much more difficult to restore such documents - only in court. How do businessmen, companies owners from raiding? What do you recommend? For business, the main advice is to comply with the legislation when concluding statutory documents and contracts between parties to companies.

The first can be laid fuses from possible management from management when concluding important transactions for the company, which should not necessarily be significant in amounts. In this case, the registrar must check the authority of the person to sign the relevant transaction both according to the register and the charter. It should be understood that the value of corporate rights depends directly on the assets available to the firm, so they should be not less vigilant.

Attention should also be paid to the provisions of the Statute regarding the procedure for the election of the executive body, as well as registration of voting results. It is necessary to ensure storage and reliable access to such documents. Equally important is the monitoring of the current state of data on your real estate and business in the registers. And, accordingly, everyone has to know about the mechanisms of prompt response.

It is the Ministry of Justice and the College for consideration of complaints in the field of state registration. Property in the form of corporate rights can be returned very quickly, because complaints about actions in the EDR we have much less than in the DRP. Business monitors its rights much better than citizens . . . Yes. It turns out that in the last six months special experience in working with documents has accumulated.

Can it be used in the future to improve the state registration system? The answer to this question should be divided into two parts. The first concerns the technical component, and the second - legal. Regarding technical - we already know that only complete blocking of access to the registers in the crisis moments ensures the storage of data, and the perfection of the state registration system or the register itself is not important. Because they "break" everything, even the base of the Pentagon.

But timely response of the state to risks significantly reduces the possibility of such intervention. As for the legal component, we see that the greatest risk comes from dishonest state registrars who have access to registers and take actions that prohibit them for law.

Therefore, we have approached the technical introduction of the graduation of registration actions in the future institute, when from the first step to the second in the register it will be impossible to continue the action until the state registrar does not carry out everything technically and legally correctly.

Тобто це введення певних алгоритмів проведення реєстраційних дій, що передбачає технічні блоки, коли система йому не дозволяє. державному реєстратору хоче вчинити дію з порушенням закону.

Крім того, відбувається збільшення відомостей, які державний реєстратор має отримувати не з паперових носіїв, а з інших державних реєстрів, систем, з якими налагоджується взаємодія, а це мінімізує можливості шахраїв.

Така поступовість та покроковість є безцінним досвідом, який дозволить нам в майбутньому наблизити систему державної реєстрації до досконалості. Отже, має бути інтеграція між юридичною та технічною складовими.

Юридична — забезпечує чистоту вчинення реєстраційних дій у відповідності до законодавства, а технічна — дотримання у державному реєстрі вимог законодавства під час конкретних реєстраційних дій.

Така синергія дозволить побудувати безпечну систему державної реєстрації. І додам позитиву. Незважаючи на війну, з червня ми щомісяця бачимо зростання кількості реєстраційних дій в обох реєстрах: і бізнесу, і нерухомості.

Це є прямим відображенням економічної ситуації в країні. Ми це дуже добре побачили під час корона-кризи, запровадження обмежень на вільний вихід на вулиці, маскового режиму тощо.