The Committee on Judicial Policy recommends that the Parliament should readopt the Law "To amend several legislative acts of Ukraine regarding legacy registration" having overridden the veto of the President of Ukraine
27 November 2012, 11:01
On October 16, 2012 the Verkhovna Rada of Ukraine adopted the Law "To amend several legislative acts of Ukraine regarding legacy registration" according to which, officials of village and township councils, as well as other bodies of local self-government are entitled to execute notarial actions regarding legacy in places where there are no notaries (Reg. No. 11047).
During the meeting of the Committee, it was mentioned that the President of Ukraine deems it unacceptable to entitle officials of village and township councils execute notarial actions regarding legacy. The President believes that abolishing mandatory normative monetary evaluation of land plots while determining the amount of state duty in the process of inheritance, will lead to decreasing of the State Budget revenues. He upholds the suggestion regarding excluding certain provisions of the Law “On the State Property Fund of Ukraine” and the Law "On Amending Several Laws of Ukraine on Privatization Regarding Implementation of Provisions of the State Privatization Program 2011 - 2014" pertaining to the peculiarities of property evaluation and goals of taxation.
Upholding the proposals by the President of Ukraine regarding legislative and comprehensive solution of the problem of property evaluation and valuation activities, the Committee believes that in order to implement them it is necessary to amend the Law “To amend several legislative acts of Ukraine regarding legacy registration”, after it comes into force.
Apart from this, the Committee stresses that “the budget cannot be pumped up at the cost of devastating villagers’ wallets through holding mandatory normative monetary evaluation of land plots while determining the amount of state duty in the process of inheritance”.
The Committee believes that excluding the provision regarding entitling officials executing notarial actions issue licenses of the right to legacy out of the Law "To amend several legislative acts of Ukraine regarding legacy registration", destroys the very idea of ??this legislative act.
The Committee does not uphold the proposals by the President of Ukraine pertaining to the Law and deems such issues should be settled through establishing proper conditions for the abovementioned category of population to protect their rights and interests.