Changes to the procedure of electronic platforms authorization

On October 22, 2019, the State Property Fund of Ukraine promulgated a draft of regulatory act on amending to the Procedure of electronic platforms authorization, which is approved by the joint Order of the State Property Fund of Ukraine and the State Service of Special Communication and Information Protection of Ukraine “On Approval of Changes to the Procedure for Authorization of Electronic Platforms».

 (http://www.spfu.gov.ua/ua/documents/press-list/fund-regulations-publication/14197.html)

The need for change is required by the situation related to the consideration of the document package of the electronic platform operator, who has applied to the Fund to obtain the status of the authorized platform (hereinafter - the applicant).

According with paragraph 172.3 of Article 172 of the Tax Code, appraisers carry out the input of information from evaluation reports into the unified base of evaluation reports only through authorized electronic platforms.

At the same time, the mentioned article of the Tax Code provides that an authorized electronic platform, among other things, should be able to use information and documents that were posted on one authorized electronic platform from any other authorized electronic platform. The ability to use information and documents must be verified by exchange protocol between all already authorized electronic platforms.

As it was found out in the course of studying the applicant's package of documents, according to the applicant, the existing operators of the authorized platforms avoided consideration of the request of the applicant, who asked them to establish information interaction and to sign a protocol, which would testify to the possibility of such interaction. Accordingly, the applicant was not able to provide the Fund with information interaction protocols signed by other operators of the authorized platforms.

In such circumstances, the Fund was forced to notify the applicant of the finalization of the documents.

At the same time, the Fund concluded that the applicant was unable to undergo the authorization procedure due to the likely dishonest actions of the operators of authorized platforms.

The Fund considers it necessary to amend the existing rules for platform authorization in order to protect the interests of honest applicants. It is proposed to normalize the legal consequences of non-receipt by such applicants of answers from operators of authorized platforms, as well as the consequences of raising objections by operators of authorized platforms to an applicant’s proposal to establish information interaction.

The Fund emphasizes its determination to ensure the right of any honest applicant to authorize the platform in the Fund, subject to meeting certain requirements. Any dishonest attempts to sabotage third-party access to the market for services of authorized platforms will receive an adequate response from the regulator.

The Fund accepts proposals and comments on the draft regulatory act within 30 calendar days from the date of its publication.