Feedback from the public

Measure

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

Measure status:

Implemented

Actual execution date:

12.09.2023

The measure is aimed at achieving 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:

01.03.2023 - 31.05.2023

Responsible implementors (authorities):

The main implementer: Ministry of Digital Transformation of Ukraine
co-implementors:
Ministry of Internal Affairs of Ukraine
Ministry of Finance of Ukraine
Ministry of Justice of Ukraine
State Tax Service of Ukraine

Sources of funding:

state budget

Volumes of financing (thousand UAH):

within the established budget allocations for the relevant year

Performance indicator:

The procedure has been approved by the Cabinet of Ministers of Ukraine.

Implementing status

Progress/Result of implementation:

According to information provided by the Ministry of Digital Transformation of Ukraine: “The Cabinet of Ministers of Ukraine adopted Resolution No. 976 dated September 12, 2023, ‘On Certain Issues of Automatic Verification of Information through the Unified State Web Portal of Electronic Services Using Data from the Unified State Demographic Register and the State Register of Individual Taxpayers,’ which approved the Procedure for Automatic Verification of Information through the Unified State Web Portal of Electronic Services using data from the Unified State Demographic Register and the State Register of Individual Taxpayers.”

At the same time, it is important to note that Article 6, part five of the Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs, and Public Organizations” provides for the automatic verification of information about the person who is the ultimate beneficial owner of a legal entity through the Unified State Web Portal of Electronic Services during registration actions regarding any legal entity and in case such a legal entity submits information about the person who is the ultimate beneficial owner of the legal entity in electronic form. In turn, the Resolution of the Cabinet of Ministers of Ukraine No. 976, dated September 12, 2023, stipulates that information about the ultimate beneficial owner of a legal entity is automatically verified through the Unified State Web Portal of Electronic Services during the state registration of the establishment of a limited liability company operating based on a model statute. Additionally, Resolution No. 976 of the Cabinet of Ministers of Ukraine dated September 12, 2023, establishes that such automatic verification during the state registration of the establishment of a legal entity (other than a limited liability company operating on the basis of a model statute) and the amendment of information about a legal entity contained in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations, will be conducted after ensuring the technical capability of implementing such state registration through the Unified State Web Portal of Electronic Services.

Given this, in previous reporting periods, the National Agency considered the measure to have been partially implemented.

However, on July 12, 2024, representatives of the National Agency on Corruption Prevention and the Ministry of Digital Transformation met to discuss the measure’s implementation. As a result of the discussion, Resolution No. 976 of the Cabinet of Ministers of Ukraine, dated September 12, 2023, ensures the legal regulation of automatic verification of information about the person who is the ultimate beneficial owner of a legal entity through the Unified State Web Portal of Electronic Services using data from the Unified State Demographic Register and the State Register of Individual Taxpayers. The Resolution will not require changes upon the expansion of the technical capability to register the formation of other legal entities, except for LLCs with a model statute. Therefore, the measure was implemented in full.

At the same time, the State Anti-Corruption Program for 2023–2025 includes the following measure: 2.4.4.6.22. This measure involves ensuring the technical capability to conduct automatic verification of information about the ultimate beneficial owner using the Unified State Web Portal of Electronic Services, leveraging data from the Unified State Demographic Register and the State Register of Individuals – Taxpayers. This measure will be considered fully implemented only upon the introduction of the second stage of automating the legal entity registration process, which will enable the automatic registration of all types of legal entities.

Monitoring results (quarterly):

15.08.2024:
The measure was not implemented on time and in full
16.02.2024:
The measure was implemented late and partially
16.11.2023:
The measure was implemented late and partially

Additional sources of information: