Analysis of the Draft Law:
Draft Law Analysis on Amendments to Certain Legislative Acts of Ukraine
1. Essence of the Draft Law:
The draft law proposes amendments to legislation regarding the disclosure of banking secrecy and establishing guardianship over the property of individuals who are declared missing or missing under special circumstances. The primary objective is to regulate the protection and management of such persons’ property and provide notaries with access to relevant registries.
2. Structure of the Draft Law and Key Provisions:
– Amendments to the Civil Code of Ukraine, clarifying the process of establishing guardianship over property of missing persons.
– Amendments to the Law of Ukraine “On Notary”, detailing notaries’ powers in disclosing banking information and establishing guardianship.
– Amendments to the Law of Ukraine “On Banks and Banking”, regulating the procedure for disclosing banking secrecy to notaries for performing their duties.
– Supplementing the Law “On Legal Status of Persons Missing Under Special Circumstances” with provisions on maintaining registries of such persons and their property.
– Final provisions determining the terms of entry into force and the need to align normative acts.
3. Important Provisions of the Draft Law:
– Notaries receive the right to take measures to establish guardianship over property of missing persons through a simplified procedure during martial law.
– Establishing the possibility of disclosing banking information to notaries for property protection and guardianship functions, which is crucial for ensuring the legitimate interests of both citizens and the state.
– Setting clear criteria and procedures for notaries when identifying missing persons, which will improve the efficiency of their search and property management.
– The project provides for integrating data about missing persons into a Unified Registry, facilitating centralized accounting and quick access to information.
These changes are important for legislators as they ensure flexibility and adaptation of the legal framework to current conditions, especially during martial law. For businesses and citizens, they create legal certainty in matters of inheritance and property management of missing persons.
Analysis of Other Documents:
Analysis of Documents Regarding the Draft Law on Amendments to Legislative Acts of Ukraine
1. Position of Authors and Authorities on the Draft Law:
Generally, the draft law authors and relevant Verkhovna Rada committees express support for the initiative, considering it timely and necessary for legal regulation of issues related to banking secrecy disclosure and establishing guardianship over property of persons missing under special circumstances. However, several observations and suggestions for improving the draft law text have been made.
2. Key Provisions and Observations:
– Banking Secrecy Disclosure: The draft law proposes expanding the list of persons to whom banking secrecy may be disclosed, including notaries and state bodies in the context of sanctions application and state interest protection.
– Guardianship over Missing Persons’ Property: Proposed amendments to the Civil Code and other laws provide for establishing a guardianship procedure for property of persons declared missing or missing under special circumstances.
– Legal Observations: The Main Legal Department indicates the need to amend the Civil Code through a separate law, requiring draft law correction.
– Financial Aspects: The Budget Committee does not see a direct impact on budget indicators, but project implementation may require additional budget expenditures for technical changes and notaries’ access to registries.
– Editorial Amendments: Editorial changes have been made to improve text quality, but some provisions require clarification to ensure legal certainty.
This draft law is an important step in addressing issues related to the legal status of missing persons’ property and ensuring transparency in banking information disclosure under sanctions. However, certain amendments are necessary to eliminate legal and regulatory inconsistencies.
