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  • Denys Maliuska: Notaries can obtain the right to register marriage and divorce
    Ministry of Justice of Ukraine, posted 29 November 2019 11:19

    Overcoming raiding has been and still remains a critical objective for the Ministry of Justice, which can be attained in a fairly short time. In particular, much of the work to combat raiding has already been done, Justice Minister of Ukraine Denys Maliuska said while presenting the Ministry of Justice's To Do List of changes.

    According to him, in the first months of work, 12 points out of the list of 22 objectives included in the roadmap for counteracting raiding were realized.

    “A massive amount of work has been done since September 1st, and we are planning to do even more by the end of this year. We have 3 directions in which we are fighting raiding. The first is staff reboot. The second is to improve legislation that has a number of gaps and flaws. The third is the development of IT infrastructure: the introduction of risk modules, MobileID and other modern technologies that will enable to reduce the risk of unlawful interference in the system,” stressed Denys Maliuska.

    In contrast to combating raiding, a reform of the notarial system is less complicated. According to the Minister, the Ministry of Justice is currently working with the Verkhovna Rada to expand the list of functions performed by notaries. For example, notaries will soon have the right to register marriages and divorces.

    Just like in the sphere of state registration, in the notarial sphere, it is of high priority to introduce modern technologies: E-notary system, electronic document circulation, web certification.

    “The next direction of activities is the enforcement of judicial decisions. One of the current problems in this area is a large number of moratoriums. There are now in effect about 9 moratoriums under which the contractor is forbidden to take any action to pay back the debt. For example, these are a moratorium on the recovery of fixed assets from state-owned enterprises, a moratorium on the enforcement of decisions against the enterprises of the fuel and energy complex, a moratorium on the enforcement of decisions against the mines. The problem is that a debt-ridden company will never have a chance to get a fair and transparent contract partner, it will never be able to get goods at a fair price. Moratoriums are a huge corruption risk, and reducing the number of such moratoriums is a key task for next year,” said Denys Maliuska.

    In addition to reducing the number of moratoriums, the development of a private contractor institution remains an important issue. It is proposed to change the ratio of public and private enforcement agents in favor of the public, thereby allowing to save public funds on the one hand and to ensure a transition to a full-fledged mixed enforcement system on the other.

    Moreover, among the Ministry's priorities are the implementation provisions of the Code of Ukraine on bankruptcy procedures, ensuring the proper quality of free legal aid, creation of an effective system of mediation, restorative justice, arbitrators and arbitration, competitive public courts, increasing the influence of private experts on development of methods and adoption of decisions in forensic practices.

    Denys Maliuska: Notaries can obtain the right to register marriage and divorce