Hacker attack on the Ministry of Justice's Registers: How to get a passport and whether or not FOP really close

It is about the restoration of the work of three key notarial registers: the Unified Register of Power of Attorney, the Hereditary Register and the Unified Register of Special Forms of Notarial Documents. "From now on, notaries can fully register power of attorney, wills and hereditary cases, as well as check special forms. All notarial actions that have been taken in the absence of access to the registers will be entered within 5 working days," the ministry reported.

According to Tatiana Yashchenko, an ExpatPro partner, it was these actions that notaries could also be carried out in the absence of access to the registers, namely: certificate of wills, dealing , loyalty to translation of documents from one language to another. Focus has examined what state registers have not yet resumed work and whether there is a decision to register a FOP or issue real estate or a new place of residence.

Due to the hacker attack on the registers, the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Formations remains the incorporate. As a result, it is impossible to discover or stop the FOP's activities. "I turned to the local CNAP to close my FOP, but they refused to take the documents, said that it was impossible to stop the activity before the register began," - said focus Yuriy Kalinchuk from Kiev.

Lawyers have confirmed: without a working register, it is impossible to stop business activity. "Unfortunately, when the EDR is temporarily unavailable, the closure of the FOP becomes impossible. This is due to the fact that the entry on the termination of the FOP activity requires access to the Register. The Ministry of Justice did not provide an official algorithm of actions for such cases.

If the register It will not be restored in the near future, the completion of the closing procedure by the end of December is likely to be recommended. Prykhodko and partners. For FOPs trying to close entrepreneurial activity, the result of non-working registers is the need to continue to pay taxes lack of access to the Register makes it impossible to act, such as registration, amendment or closure of the FOP, notes the lawyer of the company "Omkhv" Daria Shcherbakova.

"Alternative variants are not provided by the current legislation, it is also impossible to commit such registration actions in paper form. Therefore, before the completion of renewable work, existing FOPs will continue to exist today," - notes in a comment to the focus of the specialist. Lawyers explained: all registration actions on legal entities, natural persons of entrepreneurs and public formations, separate units are currently unavailable.

"Neither open nor close nor changes to such entities. The register is closed even for the purposes of viewing/verification of information, which also complicates work in all areas where you want to check the powers For example, there is an OpenData service that provides information from the EDR as current as of December 20, "Tatiana Yashchenko explained.

For FOPs trying to close entrepreneurial activity, there is a need to pay taxes as a result of non -working registers - that is, in January, they will have to pay a single tax, ESA and military fee. Yulia Panasyuk, a lawyer of the practice of the Prykhodko tax law and partners, noted that if the FOP cannot be closed by the end of 2024, then the FOP 1-2 groups can apply for leave (provided there are no employees). In this case, only the ESA will have to pay in January.

But the entrepreneurs of the third group is not suitable - they have to pay all taxes in January - ESA, a single tax and a military levy. "In order not to have tax liabilities, the termination of the FOP should take place within the 2024 calendar year. But it is possible that the Verkhovna Rada of Ukraine will accept changes to the legislation to regulate this problem, given the exclusivity of the situation.

Recently, acceptance and acceptance and The signing of normative acts in the field of taxation occurs under uncertain procedures and not always with compliance with the principle of legal certainty, " - says Tatiana Yashchenko. The good news is that passports can be decorated.

"The single state register of citizens, as well as other related systems, did not work from 13 to 18 December, but according to official information of the State Migration Service of Ukraine, the stop of work of systems was not related to a hacker attack, but with ordinary regulatory works. However, lawyers have warned that in the New Year period there to be difficulties with urgent registration of documents.

"If we talk about the design of Ukrainian passports, it is necessary to consider the New Year holidays, since the polygraph plant Ukraine (a state -owned enterprise engaged in personalization of passports) is usually closed at the end of the year for technical reasons for several weeks," - says Alexander Fedortsov, lawyer of international migration practices "Prikhodko and partners".

However, although the documents for passports and accept, there are no guarantees that they will be issued on time, lawyers say. "As of today, the entry in the online queue is available in online mode. CNAPs continue to accept registration. However, there are some difficulties. According to the DRACS (only in the presence of a complete package of documents in paper). It is difficult to obtain them because the experts themselves warn of probable delays, " - said lawyer Daria Shcherbakov.

But the service for registration of residence through the action is not available at all. "In some cities, such as in Odessa, they have stopped receiving documents for registration of residence. In contrast procedures, " - says Kateryna Zatulko. It is impossible to register real estate. Also, there are still unavailable services for birth or death registration, there is still no way to register real estate, and the register of acts of civil status also does not work.

"Operations related to the registration of real estate rights and the creation of new legal entities or natural persons-entrepreneurs are still inaccessible. Their recovery is expected for one or two weeks, depending on the success of the testing testing of systems," says Sergei Litvinenko, manager The partner of the Winner Partners Advocacy Association.

According to Tatiana Yashchenko, as of real estate, it is not possible to carry out real estate, on issues of enforcement of court decisions (enforcement proceedings), in the field of registration of legal entities (including for FOP, public formations, separate units), registration of apostiles, registration, registration documents on civil status acts (on birth, death, registration of marriage and termination).

In her opinion, given that the restoration of the first registers has taken more than a week, we can expect positive news no earlier than January 12, 2025. However, some services are still provided - in paper form. "Services from online marriage registration were stopped, but such a service is provided in" paper form ", re -issuance of birth certificates, marriage, etc. should also be issued, but in the presence of the paper document itself.

Registers of legal entities, debtors, real estate, civil acts Status still do not work, there are no clear terms for their restoration officially and there are no alternative ways of working in these registers, ”says Tatiana Yashchenko. In general, the situation is quite difficult, and the exact terms, when the registers are again operated, they are not called in power. Experts believe that register restoration work can take several weeks and more than a month.

"The registers are currently unknown, as it depends on the amount of damage, cybersecurity measures and technical readiness of systems. From the experience, I will say that the recovery may take from several weeks to a month. To reduce the consequences of users of registration services, it is recommended to check information on the official resources of the Ministry of Defense.

Justice and contact notaries who can now put citizens in queues for registration cases, which will still happen after launching the registers, " - said Taras Miroshnichenko. Lawyers advise not to rush to register anything now or after the Ministry will notify the launch of the registers. "It is important to maintain a reasonable balance and not create excessive load on the system in order not to provoke new collapse. The key role will play a key role here.