The Administrative Court of Appeal confirmed the state registration of Petro Riabenko as the Head of the Kyiv Bar Council

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13:51 Wed 16.01.19 402 Reviews
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The Sixth Administrative Court of Appeal refused to satisfy the appeals on the decision of the Kyiv District Administrative Court of January 29, 2018.

The court decision was passed on January 15, 2019.

On January 29, 2018, the Kyiv District Administrative Court found that Petro Riabenko as the Head of the Kyiv Bar Council was authorized to represent UNBA, as the founder of the Kyiv Bar Council, before the subjects of state registration regarding the state registration of changes to the information about Kyiv Bar Council contained in the United State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine on behalf of the Head of the Bar Council of Ukraine, the Ukrainian National Bar Association".

By a court decision of January 29, 2018, it was determined that on June 16, 2017 the defendant in the case, a private notary Zmyslovska T.V., in the absence of any documents in paper form (the documents are located in the Administrative Service Center of the Obolonsky District State Administration in the city of Kyiv), ignoring the notice of suspension of consideration of documents provided by the state registrar of the Department of State Registration of Legal Entities and Individual Entrepreneurs of the Obolonsky District State Administration in the city of Kyiv Nikolaeva T.V., has completed the registration action initiated by another subject of state registration, as indicated in the letter of the Department of State Registration of Legal Entities and Individual Entrepreneurs of the Obolonsky District State Administration in the city of Kyiv, dated of June 19, 2017, No. 23/324.

Thus, this private notary has unlawfully adopted the documents on registration actions for a legal entity - Kyiv Bar Council, submitted by a person who does not have this authority, and also completed the registration action initiated by another subject of state registration - the state registrar Nikolaeva T.V. and unlawfully made changes to the information about the legal entity.

State registrar Zmyslovska T.V. made changes to the United State Register of Legal Entities, Individual Entrepreneurs and Public Organizations of Ukraine regarding the information about a legal entity - the Kyiv Bar Council, despite the prohibition on such registration actions.

Full text of the decision of the court of the first instance can be viewed here

As it was reported, the decision of the court of January 29, 2018 met the petition of Petro Riabenko to the state registrar in full and the introduction to the register of Inna Rafalska as the head of the legal entity instead of Petro Piabenko and Valentyn Stepiuk as the signatory of the legal entity, as well as the introduction of changes in the information about the legal entity and additional contact information of a legal entity - Kyiv Bar Council, were declared illegal.

The decision of the court obliged the state registrar to cancel the illegal registration actions dated June 16, 2017.

The Ministry of Justice was involved in the case as a third party, the UNBA and the Kyiv Bar Council were involved in the case as the third parties on behalf of the applicant.

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