ESR
2.4.4.6. Effective mechanisms for verification of information on the ultimate beneficial owners of legal entities under private law in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations have been introduced
Problem solving:
2.4.4. A high level of tolerance of corruption in the private sector of the economy
Deadlines for all measures within ESR
01.03.2023 -
31.12.2023
Implementation of SACP measures within ESR
Total number of measures –
22
14
3
5
Implemented
Partially implemented
Not implemented
Implementation of SACP measures within the scope of the Problem by main main performers
Ministry of Justice of Ukraine
76.9%
13
Ministry of Finance of Ukraine
75%
4
National Commission on Securities and Stock Market
100%
3
Ministry of Digital Transformation of Ukraine
50%
2
Summarized general information on Measures
| № | Name of the measure | The main implementer | Co-implementors | Performance indicator | Monitoring results (latest) | Статус |
|---|---|---|---|---|---|---|
| 1 | 2.4.4.6.1 Developing the draft Regulation on the Form and Substance of the Structure of Ownership of a Legal Entity | Ministry of Finance of Ukraine | The draft Regulation has been developed. |
The measure was not implemented on time and in full
|
||
| 2 | 2.4.4.6.2 Clearing the draft Regulation indicated in subclause 2.4.4.6.1 with the concerned agencies | Ministry of Finance of Ukraine | Міністерство цифрової трансформації України, Міністерство юстиції України, Державна служба фінансового моніторингу України | The draft Regulation has been cleared with stakeholders. |
The measure was not implemented on time and in full
|
|
| 3 | 2.4.4.6.3 Approving the Regulation indicated in subclause 2.4.4.6.1, ensuring its state registration | Ministry of Finance of Ukraine | Міністерство юстиції України | The Regulation has been approved. |
The measure has not been implemented
|
|
| 4 | 2.4.4.6.4 Developing the draft of the Regulation on the Form and Substance of the Structure of Ownership of Legal Entities Subject to State Regulation and Oversight by the National Securities and Stock Market Commission (NSSMC) | National Commission on Securities and Stock Market | The draft Regulation has been developed. |
The measure was implemented on time and in full
|
||
| 5 | 2.4.4.6.5 Clearing the draft Regulation indicated in subclause 2.4.4.6.4 with the concerned agencies | National Commission on Securities and Stock Market | Міністерство фінансів України | The draft Regulation has been cleared with stakeholders. |
The measure was not implemented on time and in full
|
|
| 6 | 2.4.4.6.6 Approving the Regulation indicated in subclause 2.4.4.6.4 | National Commission on Securities and Stock Market | The Regulation has been approved. |
The measure was not implemented on time and in full
|
||
| 7 | 2.4.4.6.7 Developing and submitting to the Cabinet of Ministers of Ukraine and the National Bank the draft Methodology for Determining the Ultimate Beneficial Owner by a Legal Entity | Ministry of Finance of Ukraine | The Methodology has been approved by the Cabinet of Ministers of Ukraine. |
The measure was not implemented on time and in full
|
||
| 8 | 2.4.4.6.8 Developing and submitting to the Cabinet of Ministers of Ukraine the draft Procedure for automatic verification of the details of ultimate beneficial owners of legal entities using the tools of the Unified State Web Portal for Electronic Services with the use of details from the Unified State Demographic Register and the State Register of Individual Taxpayers | Ministry of Digital Transformation of Ukraine | Міністерство фінансів України, Міністерство юстиції України, Державна податкова служба України, Міністерство внутрішніх справ України | The procedure has been approved by the Cabinet of Ministers of Ukraine. |
The measure was implemented late and partially
|
|
| 9 | 2.4.4.6.9 Developing the draft of the Procedure by which a legal entity must submit explanations and documents to prove information about ultimate beneficial owners and the structure of ownership, as well as the procedure for reviewing them | Ministry of Justice of Ukraine | The draft Procedure has been developed and publicized for a public discussion. |
The measure was implemented on time, but partially
|
||
| 10 | 2.4.4.6.10 Holding a public discussion of the draft procedure indicated in subclause 2.4.4.6.9, obtaining expert opinions and revising the draft | Ministry of Justice of Ukraine | The public discussion has been conducted and its results have been made public. |
The measure has not been implemented
|
||
| 11 | 2.4.4.6.11 Clearing the draft procedure indicated in subclause 2.4.4.6.9 with the concerned agencies | Ministry of Justice of Ukraine | Міністерство фінансів України | The draft procedure has been cleared with stakeholders. |
The measure was implemented on time and in full
|
|
| 12 | 2.4.4.6.12 Approving the revised draft procedure indicated in subclause 2.4.4.6.9 | Ministry of Justice of Ukraine | The procedure has been approved. |
The measure was implemented on time and in full
|
||
| 13 | 2.4.4.6.13 Developing the draft of the Procedure by which the holder of the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations shall be notified by reporting entities about any discovered discrepancies in information about ultimate beneficial owners and the structure of ownership of legal entities | Ministry of Justice of Ukraine | The draft Procedure has been developed and publicized for a public discussion. |
The measure was implemented late and partially
|
||
| 14 | 2.4.4.6.14 Holding a public discussion of the draft procedure indicated in subclause 2.4.4.6.13, obtaining expert opinions and revising the draft | Ministry of Justice of Ukraine | The public discussion has been conducted and its results have been made public. |
The measure has not been implemented
|
||
| 15 | 2.4.4.6.15 Approving the revised draft procedure indicated in subclause 2.4.4.6.13 | Ministry of Justice of Ukraine | The procedure has been approved. |
The measure was implemented on time and in full
|
||
| 16 | 2.4.4.6.16 Developing the draft of the Procedure by which reporting entities shall relay information to the specially authorized agency about any discrepancies in information about ultimate beneficial owners and the structure of ownership of legal entities | Ministry of Justice of Ukraine | Міністерство фінансів України | The draft Procedure has been developed. |
The measure was implemented on time and in full
|
|
| 17 | 2.4.4.6.17 Approving the draft Procedure indicated in subclause 2.4.4.6.16 | Ministry of Justice of Ukraine | Міністерство фінансів України | The procedure has been approved. |
The measure was not implemented on time and in full
|
|
| 18 | 2.4.4.6.18 Developing the draft of the Procedure for holding legal entities liable and the procedure for determining the amount of fines for entering or submitting false information about the ultimate beneficial owner of the legal entity (or the absence thereof), failure to submit or late submission of said information | Ministry of Justice of Ukraine | The draft Procedure has been developed. |
The measure was not implemented on time and in full
|
||
| 19 | 2.4.4.6.19 Holding a public discussion of the draft procedure indicated in subclause 2.4.4.6.18, obtaining expert opinions and revising the draft | Ministry of Justice of Ukraine | The public discussion has been conducted and its results have been made public. |
The measure has not been implemented
|
||
| 20 | 2.4.4.6.20 Approving the revised draft procedure indicated in subclause 2.4.4.6.18 | Ministry of Justice of Ukraine | The procedure has been approved. |
The measure was not implemented on time and in full
|
||
| 21 | 2.4.4.6.21 Providing the technical capability to make a notation in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations about a potentially misleading nature of the information about the ultimate beneficial owner or the structure of ownership of the legal entity and about the National Bank having found the structure of ownership of the legal entity to be nontransparent (transparent) | Ministry of Justice of Ukraine | The technical capability to make a notation in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations about a potentially misleading nature of the information about the ultimate beneficial owner or the structure of ownership of the legal entity and about the National Bank having found the structure of ownership of the legal entity to be nontransparent (transparent) has been ensured. |
The measure was implemented on time and in full
|
||
| 22 | 2.4.4.6.22 Ensuring the technical capability to perform automatic verification of the details of ultimate beneficial owners of legal entities using the tools of the Unified State Web Portal for Electronic Services with the use of details from the Unified State Demographic Register and the State Register of Individual Taxpayers | Ministry of Digital Transformation of Ukraine | Державна податкова служба України, Державна міграційна служба України | The technical capability to perform automatic verification of the details of ultimate beneficial owners of legal entities using the tools of the Unified State Web Portal for Electronic Services with the use of details from the Unified State Demographic Register and the State Register of Individual Taxpayers has been ensured. |
Implementation of the measure was started late
|
Indicators of achievement of ESR
Total number of indicators – 2
Indicators fully achieved – 0
Partially achieved indicators – 0
Indicators with a score of 0% – 2
Summarized general information about Achievement Indicators
| № | Indicators | Weight (%) |
|---|---|---|
| 1 |
Bylaw normative legal acts have taken effect, which have approved: a) the Regulation on the Form and Substance of the Structure of Ownership of a Legal Entity (10 percent); b) the Regulation on the Form and Substance of the Structure of Ownership of Legal Entities Subject to State Regulation and Oversight by the National Securities and Stock Market Commission (NSSMC) (10 percent); c) the Methodology for Determining the Ultimate Beneficial Owner by a Legal Entity (10 percent); d) the Procedure for automatic verification of the details of ultimate beneficial owners of legal entities using the tools of the Unified State Web Portal for Electronic Services with the use of details from the Unified State Demographic Register and the State Register of Individual Taxpayers (10 percent); e) the Procedure by which a legal entity must submit explanations and documents to prove information about ultimate beneficial owners and the structure of ownership, as well as the procedure for reviewing them (10 percent); f) the Procedure by which the holder of the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Associations shall be notified by reporting entities about any discovered discrepancies in information about ultimate beneficial owners and the structure of ownership of legal entities (10 percent); g) the Procedure by which reporting entities shall relay information to the specially authorized agency about any discrepancies in information about ultimate beneficial owners and the structure of ownership of legal entities (10 percent); h) the Procedure for holding legal entities liable and the procedure for determining the amount of fines for entering or submitting false information about the ultimate beneficial owner of the legal entity (or the absence thereof), failure to submit or late submission of said information (10 percent). |
80% |
| 2 |
The technical capability has been implemented for: a) conducting automatic verification of information on the ultimate beneficial owner by means of the Unified State Web Portal for Electronic Services (10 percent); b) making a notation about the possible unreliability of information on the ultimate beneficial owner or ownership structure of a legal entity and the recognition by the National Bank of the ownership structure of a legal entity as non-transparent (transparent) (10 percent). |
20% |