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“The team was recently visible advising on a number of pharmaceutical cases. Sources agree that the team is “moving in the right direction” and are particularly impressed by its work in the pharmaceutical sector”.

 

Government draft laws on easing procedures for discontinuation of activities of individual entrepreneurs are ambiguous and need to be improved

03.04.2013

Source: Interfax-Ukraine

The Cabinet of Ministers proposing to simplify the procedures for discontinuation of activities of self-employed individual entrepreneurs initiates a number of ambiguous amendments to the relevant provisions of the Civil Code of Ukraine.

This opinion was expressed by Taras Utiralov, a lawyer of Ilyashev & Partners Law Firm, when commenting on government draft laws No. 2409 “On amendments to some legislative acts of Ukraine on easing the procedure for state registration of discontinuation of activities of self-employed individual entrepreneurs” and No. 2410 “On amendments to the Tax Code of Ukraine on easing the procedure for state registration of discontinuation of activities of self-employed individual entrepreneurs”.

The lawyer stated that one of the two draft laws, representing essentially one set of amendments, does require only filing a registration card for discontinuation of activities of self-employed individual entrepreneurs, other information the state agencies have to learn or receive from each other.

“However, the second supplementary draft law proposing amendments to the Tax Code requires individual entrepreneurs to complete the documentary verification in the tax agencies. Whether this procedure will be easier than the applicable one is an open question. In addition, it is worth considering that often even the best and the most correct innovations actually fail to improve and indeed worsen the situation, especially at the “adjustment” stage”, he said.

T. Utiralov emphasized that in addition to the rules that are directly related to the subject of innovations many ambiguous amendments to the related provisions of the Civil Code of Ukraine are proposed.

“Thus, the draft laws have ambiguously written rules regarding the individual’s obligations to the creditors after he/she terminated the business activities. Therefore, the need for such draft laws shall be studied thoroughly, and the texts themselves (of draft laws – IF) have to be improved”, believes the lawyer.

 
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