Аналітика. Статті. Коментарі.
Опубліковано 10.10.2016 Ігор Реутов
The Draft of a proposed Act of Parliament No 4194 “On Amendments To Certain Legislative Acts On Use Of Seals By Legal Entities And Individual Entrepreneurs” has passed first reading in Ukrainian Parliament, aiming to amplify effect of the Act No 1206-VII as of 15/04/2014 “On Amendments To Certain Legislative Acts Of Ukraine On Simplification Of The Routine Of Starting Business”. The Draft Act purports to simplify conduct of business activity in Ukraine. If the bill is enacted, the seals will become an insignificant element of any document issued by a business entity and thus, Ukrainian document exchange will be similar to the one that all civilized countries have. On the one hand, such amendments will make issuance of business documents more flexible and easier for businesses. On the other hand, the Draft Act increases the risks of forgery in corporate and business spheres; likewise, it facilitates the dishonest appropriation of business and assets, belonging to others.
It should be observed that forgery is a criminal offense. Although the punishment for forgery in business sphere is harsh enough in Ukraine (it can be punished by up to ten years' imprisonment), such cases are difficult to investigate; thus, dishonest appropriation of businesses and assets remains being lucrative. Therefore, the amendments could further instigate fraudsters to deprive owners of their businesses and assets, unless the Parliament adopts any defensive mechanisms securing shares and assets against the dishonest appropriation.