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Publication date: 20.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Registration of an individual entrepreneur (FOP) is a popular form of running a small business in Ukraine. The FOP registration procedure is relatively simple and accessible to a wide range of citizens. However, the legislation of Ukraine sets certain restrictions on the persons who have the right to register a sole proprietorship. This article will consider the categories of persons who do not have the right to register a sole proprietorship, with an emphasis on legal norms and specifics of the application of legislation. For this purpose, a legal analysis of the situation, consultations of a lawyer and a lawyer, as well as an analysis of the documents required for the registration of the FOP will be used.
Legislative framework
The main legal act regulating the registration of natural persons-entrepreneurs in Ukraine is the Law of Ukraine "On State Registration of Legal Entities, Natural Persons-entrepreneurs and Public Organizations" (hereinafter referred to as the Law on State Registration). Important provisions are also contained in the Civil Code of Ukraine (CCU), the Economic Code of Ukraine (CCU) and the Tax Code of Ukraine (CCU).
Categories of persons who do not have the right to register FOP
1. Minors
According to Part 1 of Article 34 of the Civil Code of Ukraine, a person who has reached the age of 18 has full civil legal capacity. Minors who have not reached this age cannot independently carry out entrepreneurial activities. Exceptions are only emancipated persons, that is, those who acquired full civil legal capacity before reaching the age of 18 as a result of marriage or a court decision.
2.Persons with convictions for certain crimes
According to Part 2 of Article 18 of the Law on State Registration, persons who have a criminal record for crimes in the field of economic activity do not have the right to register a FOP for a certain period after serving their sentence. This period is determined by the court and can last up to several years.
3. State employees and employees of local self-government
According to Part 2 of Article 25 of the Law of Ukraine "On Prevention of Corruption", civil servants, officials of local self-government bodies, military personnel and some other categories of persons do not have the right to engage in entrepreneurial activity, which includes the registration of a sole proprietorship. This restriction is aimed at preventing conflicts of interest and corruption risks.
4. Persons recognized as incompetent or with limited legal capacity
According to Articles 36 and 37 of the Civil Code of Ukraine, persons recognized by the court as incompetent or with limited legal capacity cannot independently carry out entrepreneurial activities. They need a guardian or custodian to take legally meaningful action on their behalf.
5. Persons serving in the Armed Forces of Ukraine and other military formations
According to Part 6 of Article 8 of the Law of Ukraine "On Social and Legal Protection of Servicemen and Members of Their Families", servicemen do not have the right to engage in entrepreneurial activities, which include registration of a sole proprietorship. This restriction is aimed at ensuring full concentration on the performance of military duties.Legal analysis of the situation
Legal analysis of the situation makes it possible to determine potential risks and consequences for persons who violate legal restrictions on the registration of a sole proprietorship. For example, if a person with a criminal record for economic crimes tries to register an FOP, his registration will be canceled and he himself may face additional legal sanctions. The analysis of the documents required for the registration of the FOP is an important component of the legal analysis, which allows for the detection of deficiencies and inconsistencies at an early stage.
Consultation of a lawyer and lawyer
The professional advice of a lawyer or legal practitioner is indispensable for persons planning to register a sole proprietorship, especially if they belong to categories with restrictions. A lawyer will be able to conduct a legal analysis of the situation, check documents, give written advice and
explain the possible legal consequences. A written consultation of a lawyer may include a detailed analysis of documents confirming the absence of restrictions for the registration of a sole proprietorship, as well as recommendations for further steps.
Verification of documents by a lawyer
Verification of documents by a lawyer is a critical stage before submitting an application for registration of a sole proprietorship. The lawyer checks the following aspects:
Compliance of documents with legal requirements.
Availability of all necessary documents.
There are no restrictions for a specific person on the registration of the FOP.
The lawyer also checks for criminal records, legal capacity status, civil service or military service, and other limiting factors. This helps avoid possible legal problems in the future.
Conclusion
Registration of an individual entrepreneur is an important step in starting your own business. However, there are certain categories of persons who do not have the right to register a sole proprietorship. They include minors, persons with convictions for economic crimes, civil servants, incapacitated and partially capable persons, as well as military personnel.
Professional advice from a lawyer or lawyer, analysis of documents and legal analysis of the situation are key elements that will help to avoid mistakes and legal problems. Verification of documents by a lawyer and written consultation are important tools to ensure the successful registration of the FOP and further activities without violations of the law.
