Victor Surnyk, Managing Partner of Alarius, attended the VIII International Business Protection Forum.

Victor Surnyk, Managing Partner of Alarius AO, took part in the event and joined a lively discussion on the mechanisms of protection against raiding.

In an open interview with the head of the Anti-Raiding Office of the Ministry of Justice of Ukraine Viktor Dubovik, Mr. Surnik raised questions about the Office's position on the cancellation of registration actions made on the basis of notarial transactions.

The head of the Anti-raiding Office noted that the alienation under the mortgage agreement takes place on the basis of Art. 37 or Art. 38 Law “On Mortgage”. In the case of application of Art. 37 of the said law (enforcement of mortgage property), the Ministry of Justice of Ukraine has the authority to cancel registration actions. But changes that were made to this law in 2020 have led to the number of foreclosure complaints being one of the lowest in three years.

Cancellation of registration actions in accordance with Art. 38 (sale on own behalf) of the Law “On Mortgage” is provided in the event of nullity of the contract on the basis of which the registration action was carried out.

With regard to sales contracts, the Head of the Office explained that it is necessary to distinguish from them contracts where alienation occurs illegally after the initial illegal state registration, in which case the registration actions that were carried out on the basis of this contract of sale are subject to cancellation. In the case when a classic contract of sale is challenged, where the complainant's argument is that the authority, for example, of the alienator, has been exceeded, the cancellation of the contract is possible only in court.

In its practice, Alarius carries out protection against raiding seizures and other unfriendly takeovers, conducts internal investigations into possible misconduct, develops protection strategies.

The International Business Protection Forum has helped actualize the voice of business, helping to stabilize the economy and improve the country's investment landscape. We thank colleagues, organizers and the Armed Forces of Ukraine for the opportunity to participate in such events.