Key Benefits:
On the introduction of changes to the Law of Ukraine "On State Registration of the Rights of Real Property Rights and Their Rounds" and some other legislation of Ukraine regarding decentralization of authority from public registration of fixed property rights and their rites
(Information of the Verkhovna Rada (VR), 2016, No. 1, pp. 9)
Verkhovna Rada of Ukraine ruling :
I. Amend the following legislative acts of Ukraine:
1. Law of Ukraine "On State Registration of Property Rights on Real Property and Their Rations" (Information of the Verkhovna Rada of Ukraine, 2010, No. 18, art. 141 of the following changes) to read:
On the state registration of fixed property rights and their workings
This Act governs the relationships arising from the state registration of property rights to the rights of real property and their rites, and aims to ensure recognition and protection by the state of such rights.
1. The action of this Act applies to the state registration of the real property rights placed on the territory of Ukraine and the circumcations of such rights.
The state registration of material rights to the object of the incomplete construction and their rites is conducted in the order defined by this Act, given the characteristics of the legal status of such an object.
2. The action of this Act does not apply to the state registration of air and sea vessels, of the vessels of internal swimming, space and other facilities of civil rights on which the law may be extended by the legal regime of fixed things.
1. In this Act, the terms are used in this way:
(1) State registration of fixed property rights and their rites (further-state registration of rights)-the official recognition and confirmation of the state of the facts of the inactivity, change or termination of the substance rights of real property, the survey of such rights by means of Relevant entries to the State Register of Real Estate Rights;
(2) State Register of Estate Rights (hereinafter-the State Register of Rights) is the only public information system providing processing, preservation and provision of information about registered property rights on real estate and their exposition, about facilities. and the subjects of such rights;
The owner, another legal entity, the side of the right-hand side of the right, or authorized by the person-in the event of a submission of documents to carry out the state registration of noulement, change or termination of property rights and other rights;
the authority of state power, its official entity, established, modified or terminated by the circumstance, the person in the interest of which is established, modified or terminated by the circumstance, or authorized by them-in the case of submission of documents to the State The registration of cases, changes or termination of the burden of rights;
The mortgage holder, the person in the interest of which is established, modified or terminated by the mortgage, or authorized by them-in the event of submission of documents for the holding of the State registration of the noulement, alteration or termination of a mortgage;
The local self-government is in the case of taking into account of a free real estate;
The person who is responsible for a special account in the household book of a suitable rural, village, city council, or authorized by a person-in the case of holding public registration of property rights to individual (sadibne) housing, garden, The houses, houses, buildings and buildings, which are located in the territories of rural, village, town councils and which are completed by the construction of 5 August 1992;
(4) another legal tenant is a tenant, a subject of other law derived from the right of property, a mortgage holder, a successor (in the case of a heritage, which includes the property rights of real estate subject to the state registration) The Law);
(5) The circumstance is the prohibition of dispossessed and/or use of a fixed property, established by law, by the acts authorized to the public authorities, of their officials, or such that arose on the basis of the treaty;
(6) The territorial bodies of the Ministry of Justice of Ukraine-the territorial bodies of the Ministry of Justice of Ukraine, which provide the implementation of public policy for the state registration of real property rights and their decisions in the Autonomous Republic of Ukraine. Crimea, in the cities of Kiev and Sevastopol;
(7) The Technical Administrator of the State Register of Rights (further-technical administrator) is a state unitary enterprise defined by the Ministry of Justice of Ukraine and assigned to the scope of its management, implementation and implementation of The State Register of Rights, responsible for its technical and technological provision, conservation and data protection of this registry, provides technical and technological measures to provide, lock and annoy access to The State Register of Rights, Organizes and conducts training to work with this registry;
8) the registration case is the collection of documents in paper and electronic form, which are subject to the State registration of rights and established in the State registration of rights.
2. Other terms are used in the meaning given in Civil Code of Ukraine and Laws of Ukraine.
Article 3. State registration of rights
1. The general office of the State Registration of Rights is as follows:
1) guaranteeing the state of objectivity, authenticity and completeness of the registered rights on fixed property rights and their exposition;
2) the duty of public registration of rights in the State Registry of Rights;
(3) Public registration of rights;
(4) To make information on the State Registry of Rights solely on the grounds and in the order defined by the Act;
5) openness and availability of information from the State Registry of Rights.
2. The legal right to real property and their expotions subject to the State registration under this Act shall arise from the moment of such registration.
3. The legal rights of real estate and their exposition, which emerged before 1 January 2013, are recognized as valid in the presence of one of the following conditions:
(1) The registration of such rights was carried out in accordance with the legislation at the time of their occurrence;
(2) At the time of the occurrence of such rights, there were legislation that did not foresee their mandatory registration.
4. Any action of the person aiming to acquire, a change or termination of the real property rights and their provisions subject to the State registration under this Act may act if the legal rights of such property are registered according to the the requirements of this Act, other than cases where the provisions of immovable property arising prior to 1 January 2013 are recognized as valid according to the third of this article, and in cases defined by Article 28 of this Act.
5. The state registration of property rights and other rights is carried out independently of the whereabouts of the real estate within the Autonomous Republic of Crimea, region, city of Kyiv and Sevastopol other than the state registration of property rights and other substances; the rights held by the notaries regardless of the location of the real estate.
Based on the decision of the Ministry of Justice of Ukraine, the state registration of property and other rights may be held within several administrative and territorial units defined in the paragraph of the first part.
State registration is carried out regardless of the location of the property.
The State Registration of Rights is subject to statements in the scope of the state registration of rights by any state registrar, given the requirements set by the paragraphs to the first-third of this part, except for the case of the paragraph fifth of that part.
State registration of rights as a result of committing a notary action with a fixed mine, the object of unfinished construction is carried out by a notary committed by such an action.
Article 4. The rights and their rites subject to the state registration
1. The State registration is subject to:
2) in terms of law, derived from property rights:
The right to use the land area for agricultural needs (emphytevsis);
The right to land (superfitions);
Right of operational management;
The right to permanent use and the right of rent (subborende) of land;
The right to use (hire, lease) building or other capital structure (their separate part), arising from the agreement of the hiring (lease) of the building or other capital structure (their separate parts), enclosed by a period of no less than three years;
Other provisions in accordance with the law;
(3) the ownership of an object of uncompleted construction;
4) the prohibition of alienation and arrest of real estate, tax office, subject of which is real estate, and other extermination.
Article 5. Fixed property on which the state registration rights is conducted
1. In the State Registry, the rights are registered by the authorities and their circumcations on land areas, as well as on fixed property objects located on a land area whose displacement is not possible without their disregard and change of purpose, namely: enterprises as the only major complexes, residential buildings, buildings, buildings, and their separate parts, apartments, residential and non-residential premises.
2. If the legislation stipulates the exploitation of real property, the state registration of such property is carried out after taking it into service in established legislation other than cases provided by Article 31 of that year. The law.
3. The ownership of the enterprise as a single master complex, a residential building, building, building, as well as their separate parts can be registered regardless of whether the ownership or other reposition is registered to the land on which the property is registered. they're located.
The ownership of an apartment, residential and non-residential premises can be registered regardless of whether ownership is registered on a residential building, building, building, as well as their separate parts in which they are located.
4. Not subject to public registration of food rights and their rites on fossil fuels, plants, as well as small architectural forms, temporary, non-capital structures located on a land area, moving which is possible without their disregard and changes. destination, as well as separately on the facilities of the main thing, or constituents part of the thing, including trunk and industrial pipelines (including gas distribution networks), highways, electric networks, trunk heat, etc. networks, communications networks, railway tracks.
Chapter II
ORGANIZATIONAL BASES OF THE STATE REGISTRATION SYSTEM
Article 6. System of organs and entities that exercise the authority in the field of state registration of rights
1. The Organizing system of the State registration of rights is as follows:
(1) The Ministry of Justice of Ukraine and its territorial organs;
(2) The subjects of the State Registration of Rights:
The executive organs of rural, village and city councils, Kiev, Sevastopol city, district, district in the cities of Kiev and Sevastopol government administration;
(3) public registration of real estate rights (hereinafter-government registrants).
2. The executive organs of rural, village and city councils (except the cities of the regional and/or the republican Autonomous Republic of Crimea) acquire the authority of the state registration of rights under this Act in case of acceptance. That's the decision.
3. An accredited subject may be a legal entity of public law, in labour relations with at least three government registrants, and which prior to the exercise of the state registration of the rights of the law of law:
A civil-legal liability insurance agreement with the minimum wage size in a thousand minimum wage capacity set by the law on 1 January of the calendar year;
a treaty with another subject of public registration of rights and/or a notary (in the case of an accredited subject is exercised solely in part of the provision and issuance of documents in the field of state registration of rights).
Accreditation of the subjects and monitoring of the conformity of such entities to the requirements of accreditation shall be carried out by the Ministry of Justice of Ukraine in the order established by the Cabinet of Ministers of Ukraine.
Article 7. Powers of the Ministry of Justice of Ukraine in the field of state registration
1. Ministry of Justice of Ukraine:
1) provides the formation and implementation of public policy in the field of public registration of rights;
2) exercise regulatory and legal regulation in the field of public registration of rights;
3) ensures the creation and functioning of the State Registry of Rights, is its holder;
(4) Organize the work related to the enforcement of the State registration of rights;
5) supervise the activities of the public registration of rights;
(6) Providing public registration to the State Registry of Rights and decides to block and annulment such access to the cases prescribed by the Act;
7) views complaints of decisions, actions or inactivity of state registrants, subjects of public registration of rights, territorial bodies of the Ministry of Justice of Ukraine, and accepts the compulsory decisions provided by the Act;
8) forms the protocols of administrative offences in cases stipulated by Codes of Ukraine on administrative offences ;
(9) Organize the work in preparation and promotion of the qualifications of public registrants;
10) exercise other powers stipulated by this Act and other regulations.
Article 8. Powers of territorial bodies of the Ministry of Justice of Ukraine
1. The territorial organs of the Ministry of Justice of Ukraine within the territory on which they carry out their activities:
(1) supervise the activities of the public registration of rights;
2) consider complaints of decisions, actions or inactivity of state registrants, subjects of public registration of rights and taking mandatory decisions provided by the Act;
3) make up protocols about administrative offences in cases foreseen Codes of Ukraine on administrative offences ;
4) organize work in preparation and promotion of the qualifications of public registrants;
5) ensure the access of public registrants to the State Registry of Rights and make decisions about blocking such access in cases provided by the Act;
(6) carry out other powers provided by this Act and other regulations.
Article 9. Authority to the public registration of rights
1. To the authority of the subjects of the State registration of rights is:
Holding public registration of rights;
Conduct of the State Registry of Rights;
Taking on the account of unhasty real estate;
The formation and conduct of registration cases;
2) the exercise of other powers stipulated by this Act and other regulations.
2. Accredited subjects can exercise in part one of this article the powers in full or exercise solely in the part of ensuring the adoption and issuance of documents in the field of public registration of real estate rights and their provisions on the basis of a contract with the subject of the state registration of rights and/or a notary.
(1) A citizen of Ukraine who has a higher education with a specialty of law, meets the qualification requirements set by the Ministry of Justice of Ukraine, and is in labour relations with the subject of State registration of rights;
(3) The State Executor-in the case of the state registration of the rounds imposed during the forced execution of decisions in accordance with the law.
2. The State registrar does not have the right to decide on the state registration rights in case the legal right to real property, the circumstance of such a right shall be replaced, changed or terminated by the state registration of rights with which the State The registrar is in the labour relations or the founder (the participant) of which he is. In this case, state registration is carried out by another state registrar.
The state registrar has no right to make public registration rights to his name, on the name of her husband (wife), his (her) and his relatives (parents, children, grandchildren, grandfather, babes, brothers, sisters), household entity, He is a member. In this case, the state registration is carried out by another state registrar.
1) establishes the relevance of the stated rights and submitted documents to the requirements of the legislation, as well as the lack of disputes between the declared and already registered substance rights in the real estate and their rites, including:
Adherence to the mandatory compliance of a written form of law and its notary certification in cases stipulated by law;
The correspondence of the person who gives documents to the public registration of rights;
The relevance of the information on the information rights of the real estate and their exposition contained in the State Registry of Rights, information contained in the documents submitted;
-Presence of fixed property rights;
The presence of the existence of conditions of law with which the law and/or the relevant law relates the possibility of occurrence, transition, termination of the legal rights subject to state registration;
2) check the documents for the presence of the grounds to stop consideration of the statements on the state registration of rights and their decisions, stop the state registration of rights, the refusal of public registration of rights and taking appropriate decisions;
(3) During the state registration of rights arising from the established legislation until 1 January 2013, requests from the authorities, enterprises, institutions and organizations that under the legislation carried out and/or Registration of rights, information (help, copies of documents, etc.) required for such registration, in the case of no access to relevant information systems, documents and/or in case the relevant documents were not filed by the applicant.
Public authorities, businesses, institutions and organizations are required to pay for three working days at the time of receipt of the request to provide the public registrar requested information in the paper and (if possible) in electronic form;
(4) During the State registration of land rights, land use of the information of the State Land Cadastre by direct access to it in the order established by the Cabinet of Ministers of Ukraine;
(5) Opens and/or closes the chapters in the State Register of Rights, make records of the law on real property and their exposition, on objects and entities of such rights;
6) assign the State Register of the registration number of the object of real estate while holding the state registration of rights;
7) make electronic copies of documents and accommodates them in the registration case in electronic form in the appropriate section of the State Registry of Rights (in case such copies were not made during the adoption of documents within the state). Registration of rights);
(8) forms the documents according to the consideration of statements in the field of public registration of rights;
(9) forms and maintains registration cases in paper form.
The conduct of the registration case in paper form is carried out solely by state registrants who are in labour relations with the executive bodies of city councils the cities of the regional and/or republican Autonomous Republic of Crimea, Kiev, Sevastopol city, district, district in the cities of Kiev and Sevastopol by state administrations, for the whereabouts of the relevant property;
10) exercise other powers envisaged by the Act.
4. The state registrar has its seal, except the notary, which has a seal defined. Law of Ukraine "About Notariat".
The example and description of the seal of the state registration registrar establishes the Ministry of Justice.
Article 11. Decision-making by the public registrar
1. The State registrar decides to decide on the state registration of rights and their decisions.
2. The intervention other than cases provided by this Act, any authorities, of their officials, legal persons, citizens, and their associations into the activities of the public registrar during the state registration of rights is prohibited and enforcing -responsibility under the law.
Chapter III
STATE REGISTRY OF RIGHTS
Article 12. State registry of rights
1. The State Registry of Rights contains information about registered property rights on real estate and their exposition, the law on objects of incomplete construction and their exposition, on objects and entities of these rights, documents on the basis of which the State registration is right.
2. The information contained in the State Registry of Rights shall be responsible for the registration case in paper form, containing documented records on the rights of real property and their rites. In case of their discrepancy, the priority has the data of the registration case in paper form.
3. The State Register of Rights does not include the information that constitutes a state secret.
4. The conduct of the State Register of Rights is carried out using software developed according to public standards that provide its compatibility and interaction with other information systems and networks that make up information resource of the state.
5. The information of the State Registry is considered valid and can be used in a dispute with the third person, until they are abolished in the order provided by the Act.
Any person's actions aimed at overcoming, a change or termination of the rights of real property and their rites, registered in the State Registry of Rights, are committed on the basis of information contained in this registry.
6. The State Register of Rights is the state property, a component of the National Archives Foundation, and is subject to lifelong storage.
Master rights of intellectual property on a computer program that provides the activities of the State Registry of Rights, and compilation of the State Registry of Rights belong to the state.
Removal of any documents or parts of the State Registry is not permitted, except in the cases prescribed by the law.
Article 13. Structure of the State Register of Rights
1. On every object of real estate, a new section is opened in the State Registry of Rights for the first time in the State Register of Rights, the registration number is assigned to the property of the property.
2. Section of the State Register of Rights consists of four parts which contain information about:
(2) the right of property and subject (subjects) of this right;
3) other other rights and entities (subjects) of these rights;
(4) The circumcising of the rights to real estate and subject (subjects) of these hoarings.
In the case of a non-open property in the State Registry for information on other law and subject (subjects) of these rights, the circumstanting rights of real property and subject (subjects) of these rights are made to the special section of the State Register of Rights, except when such a state registration is carried out simultaneously with the state registration of property rights.
After the discovery of a fixed property object in the State Registry of the Rights of Information on other law and subject (subjects) of these rights, the circumference of the rights of real property and subject (subjects) of these provisions is carried out to this section.
3. A non-negative part of the State Register of Rights is the database of statements and registration cases.
4. The order of the State Register of Rights shall determine the Cabinet of Ministers of Ukraine.
Article 14. Opening and closing sections of the State Registry of Rights in case of division, selection of particles, union, destruction of fixed property
1. Section of the State Registry of Rights and Registration right shall be closed in the case of:
1) destruction of the object of real estate;
2) the division, union of objects of real property, or the selection of particles from an object of fixed property.
2. In the case of a division of a fixed property object or the allocation of a particle from an object of fixed property the corresponding section of the State Registry is closed, the registration number of this object is cancelled. A new section of the State Registry of Rights is opened on every newly created property section and a new registration case is formed, a new registration number is assigned to each of the following objects.
The law records and their rites on an object that is divided, or when selected particles from this object are transferred to the State Registry section of the rights open to each newly created object. If the law or act of the relevant body is established that security rights and their rites are not subject to all newly created fixed assets, records of such rights and rites are only transferred to sections open to newly created property. the objects they relate to.
3. In the case of union of fixed property objects, the relevant sections of the State Registry of Rights and Registration Cases are closed, registration numbers of such facilities are cancelled. A new section on the State Registry of Rights and a new registration case is opened for the newly created object of real estate and the new registration number is assigned, the new registration number is assigned to that object.
4. Records of the law and their decision on objects uniting are transferred to the State Registry section of the rights open for the newly created object, indicating that part of the newly created object with respect to the new object. the rights and their rites were registered.
Article 15. Fixed asset object registration number
1. Registration number of a fixed property object is an individual number assigned to each individual of the object of real estate when conducting state registration of property rights for the first time, is not repeated throughout the area. It remains unchanged throughout the course of the existence of such an object.
2. In the case of a transfer of ownership of a fixed property object or a change of information on the object of fixed property, its registration number does not change except for the cases stipulated by Article 14 of this Act.
3. The registration number of an object of fixed property cannot be assigned to another property of real estate.
Information about the cancelled registration numbers is stored in the State Registry of Rights throughout the duration of this registry.
Article 16. Statement Database
1. The application of the state registration of rights and/or their registration is conducted in the database of statements.
During the adoption of the statement in paper form, electronic copies of documents submitted by the applicant for the State registration of rights were made. Electronic copies of the documents are produced by scanning the originals and copies of documents charged by the applicant to conduct public registration of rights with the subsequent placement of them in the State Registry of Rights.
In the database, the statements register the courts ' decision to ban the actions related to the state registration of rights.
2. The list of information available to the database during the formation and registration of statements is determined by the Cabinet of Ministers of Ukraine in the Order of the State Register of Rights.
1. Registration business is formed in paper form following the opening of a section on a fixed property object in the State Registry of Rights and the Information on the Rights of the Real Estate and their exposition, on objects and entities of those rights and stored for the entire existence of an object.
2. The registration case in paper form includes documents based on the State Registry of Rights, as well as other documents obtained and formed during the conduct of the state registration placed in the order of their entry. And they're boring.
The registration case in paper form is assigned to the registration number of an object of fixed property.
3. The registration case in electronic form consists of documents formed using the software of the State Registry of Rights and Electronic copies of documents submitted or scanned for statements in the state registration of rights.
The registration case in electronic form is stored in the State Register of Matter.
4. State registrar who is not in labour relations with the executive bodies of city councils the cities of the regional and/or republican Autonomous Republic of Crimea in the importance of Kiev, Sevastopol city, district, district in the cities of Kiev and Sevastopol by state administrations, and conducted public registration of rights, provides the transfer of the registration case in paper form or documents issued, arranged or received during such registration, to the relevant subject. the state registration of rights that provides the conduct of registration cases in paper form.
5. The formation and storage of registration cases is determined by the Ministry of Justice of Ukraine.
The extraction (removal) of the registration cases or documents from them is carried out by the decision of the court.
The Executive Body of the City Council of the City of Regional and/or the Republican Autonomous Republic of Crimea, Kyiv, Sevastopol city, district, district in the cities of Kiev and Sevastopol state administration that provide the conduct of registration Cases, are required to make a description of deleted documents, to ensure the making of copies of documents removed from the registration case, to proclaim, sew and reassure them.
A copy of the court decision to extract documents, the accompanying letter or document the court authorized the person to receive them, as well as the description of the documents removed.
The documents removed from the registration case are sent to the court or are sent directly to the person who is authorized by the court.
After conducting the relevant procedural actions, the documents removed from the registration case are subject to the immediate return of the public registration subject, which provides for the conduct of such registration.
Chapter IV
ENFORCEMENT OF PUBLIC REGISTRATION OF RIGHTS
Article 18. Public registration of rights
1. The State registration is carried out in that order:
(1) The formation and registration of statements in the database of statements;
(2) the adoption of documents filed together with a statement on the state registration of rights, making them electronic copies by scanning (in the case of filing documents in paper form) and placing them in the State Registry of Rights;
(3) The establishment of a draft statement on the state registration of rights that was taken into consideration;
(4) The verification of documents for the presence of a reason to stop consideration of the State registration of rights, stopping the State registration of rights and the adoption of relevant decisions;
5) the decision on the state registration of rights or refusal to register;
(6) The opening (closure) of the section in the State Registry of Rights and/or the State Registry on the Rights of the Rights of Real Estate and Their Rites, about the objects and entities of those rights;
(7) The formation of information from the State Registry for the Further Use of the applicant;
(8) The issuance of documents by the outcome of the review by the State Registration of Rights.
2. The list of documents required for public registration of rights, and the order of state registration of rights is determined by the Cabinet of Ministers of Ukraine in the Order of the State Registration of the Rights of Real Property and their circumcations.
Public registrants are required to provide information about the list of documents required for public registration of rights.
3. In cases stipulated by the legislation of Ukraine, state registration is carried out after the technical inventory of the object of fixed property, the legal rights to be subject to state registration.
4. The State registration shall be subject to solely declarations of real property rights and their expotions, provided their compliance with the legislation and subject of documents.
5. The state registration is filed separately on each fixed property object.
In the case of land ownership, a building or a building with a simultaneous acquisition of the land rights on which they are located, one claim on the state registration of the rights to such facilities is filed.
In this case, a single statement is only served if the living rights to the housing, the building, the building, and the land on which they are located are registered in one person.
6. The provision of public registration rights may be withdrawn before the adoption of the State Registration by the State Registration of the Rights and Their Rations or to the refusal of registration.
7. During the submission of a state registration statement, the applicant shall be required to inform the public registrar on the availability of fixed assets by law.
8. In case of the declaration on the State Registration of Real Property Rights, the State Registry is set to be registered in the State Registry of the other statements on the state registration of the rights to this property, the statements are considered in the order of their coming.
The following statement is only considered following the adoption by the State Registry of the State Registration of Rights or the refusal to register for a statement registered in the State Registry of Rights before.
The validity of the review of a single object of real property is applied as in the review of the state registration of property and other rights, as well as during the review of the state registration of such rights.
9. The date and time of state registration of rights is considered the date and time of registration of the relevant statement, whereby the State registrar decided on the state registration of rights.
10. The capture of unloaded real estate is conducted in a manner defined by the Cabinet of Ministers of Ukraine.
11. The form and requirements for the completion of statements filed before the State Registration Authority, as well as the form and requirements for the design decisions of the state registrants, are accepted as a result of their review, approved by the Ministry of Justice of Ukraine.
Article 19. Public Rights Registration Lines
1. The state registration of property rights and other rights is held in the lines that do not exceed five working days.
State registration of property rights to the enterprise as the single master complex is carried out in a period of no more than 14 working days.
2. State registration of data is carried out in a row that is not exceeding 24 hours, except for weekends and holidays, since the adoption of the statement.
3. The State registration of rights as a result of the notary action of the notary is conducted after the completion of such an action within the lines established by the first and second of this article.
4. The status of the State registration of rights identified in days is drawn from the day of registration in the database of the statement of the relevant statement on the state registration of rights.
The state registration lines of the rights, defined in the hours, are taken from the time of registration in a database statement by the corresponding statement of the state registration of rights.
If registered in the State Registry of the Rights of other statements on the state registration of the rights to this is the property of the State registration of the rights of the rights in the day (time) of the decision by the State registry for the state registration of rights or Refusal to register for a statement registered in the State Registry of Rights before.
5. It is necessary to issue the applicant's documents the result of a statement in the scope of the state registration of rights in a row, smaller than those with which it was paid by the administrative fee for the state registration of rights according to the part of the first article 34 of this Act.
Article 20. Submission of documents for statements in the field of state registration of rights
1. The state registration of the rights and the original documents required for appropriate registration is provided by the applicant in paper or electronic form in cases provided by the legislation.
A statement on the state registration of rights in electronic form is given to the identification of such a person (physical or legal) using an electronic digital signature or other alternative identification tool of the person.
The order of submission of statements in the field of registration of rights in electronic form is determined by the Cabinet of Ministers of Ukraine in the Order of the State Registration of the Rights of Real Property and their circumcations.
2. In case of acquisition (s) by public trading equipment (auctions), which is the subject of a mortgage, a statement on the state registration of a halt may be served in an electronic form by a state executive.
3. The State Registration of Rights and their Rites as a result of a meeting of notary property, an object of uncompleted construction is presented to a notary who committed such an action.
4. The state registration is not accepted in the absence of a document confirming the payment of services, and the appropriate fee is not in its entirety.
5. In the case of a declaration on the state registration of the rights in paper form, a statement is formed, registered in the database of statements containing the date and time of registration and the basis of the applicant's own signature.
Documents issued for public registration of rights are made electronic copies by scanning, which are attached to a statement registered in the database of statements.
The registration of statements on public registration of rights is conducted in the order of their accession.
6. In the case of a declaration on the state registration of rights in electronic form, such a statement by the State Registry of Rights is registered in the database with the date and time of registration.
The registration of statements on the state registration of rights in electronic form is conducted in the order of the order of their accession, including with regard to statements filed in paper form.
Article 21. Receipt of documents by the examination of the state registration of rights
1. The decision of the public registrar, information from the State Registry of Rights is provided in the electronic and (at the request of the applicant) in paper form.
2. State registrar ' s decision, information from the State Registry of Rights obtained in electronic or paper by means of the State Register of Rights, have the same legal strength and are used in accordance with Legislation.
Article 22. Requirements for documents filed for public registration of rights
1. Documents filed for public registration of rights should meet the requirements established by this Act and other regulations.
The electronic documents filed for the State registration of rights are issued under the requirements established by the Act and other regulations.
There are no documents with pencils or letters, handwritten words and others not due to any corrections, filled with pencil, with damage that is not possible to unambiguously interpret their contents, as well as requirements violation. Legislation.
2. The responsibility for the authenticity of the data contained in the documents filed for the public registration of rights is carried out by the applicant if the other is not set by the court.
The responsibility for the correspondence of electronic copies of documents issued to the public registration of rights, the originals of such documents in paper form, in the case of submission of statements in electronic form, is the person who prepared electronic copies of documents.
Article 23. Stopping review of the statement of public registration rights
1. The review of the statement of the State Registration of Rights may be stopped by the State registrar solely in the following cases:
(1) The submission of documents for the public registration of rights is not in full stipulated legislation;
(2) Non-submission by the applicant or not receiving a State Registry in the order defined in paragraph 3 of Part III of this Act, information on the registered to 1 January 2013 is correct to the appropriate real estate if the presence of such a Information is necessary for public registration of rights.
2. The State registrar on the lines set for public registration of rights accepts the decision to stop the statement of the State Registration of Rights and undelay reports of the applicant.
3. If the applicant for 30 working days since receipt of the decision to stop the statement on the state registration of rights met the requirements of the state registrar, specified in the appropriate decision, the statement is restored on the basis of the decision State registration for the restoration of the review of statements.
The continuity of the state registration line continues since the removal of the circumstances, which has become a basis for the decision to stop consideration, taking into account the time before it is stopped.
4. The decision must contain an exhaustive list of grounds for stopping consideration of the statement.
The State registrar has no right to request the applicant to provide other documents other than those whose absence has become a basis for the decision to stop the review of the statement, unless otherwise derive from the following documents.
5. In the case of non-execution of the applicant in terms of the requirements of the lines set in the third of this article, the State Registrar shall decide on the refusal to register for the state registration of rights.
Article 24. Refusal to register for legal rights
1. In the State registration of rights and their provisions may be denied if:
(1) declared by the law, the decision shall not be subject to the State registration under this Act;
" (2) A statement on the state registration of rights by an inappropriate person;
(3) The submitted documents shall not meet the requirements established by this Act;
(4) The submitted documents do not give the claim to the establishment of the installation, change or termination of the substance rights of the fixed property and their rits;
5) the present contradictions between the declared and already registered substances of fixed property and their disposition;
(6) Available data on fixed property rights;
(7) A statement concerning the state registration of the prior legal order submitted after the State registration of ownership of such property for the new legal use;
8) after the completion of a line set up by part of Article 23 of this Act, not amended by the circumstances, which was the basis for the decision to stop the statement on the State Registration of Rights;
(9) A statement concerning the state registration of rights and their rites while committing a notary action with a fixed property, the object of incomplete construction not to the notary who committed such an action;
(10) A statement on the state registration of rights and their oblasts in electronic form is given to a person who, according to the legislation, does not have the authority to submit statements in electronic form;
(11) The applicant shall be submitted by the same documents, on the basis of which the declared law is granted, the rite is already registered in the State Registry of Rights.
2. In the presence of a non-governmental registration, the State registrar decided to take the decision on the state registration of rights.
The decision of refusal to state registration of rights should contain an exhaustive list of circumstances that have become grounds for its adoption.
3. The refusal of the State Registration of the Rights of the Charter, specified in the first part of this article, does not apply in the case of:
(1) The existence of errors in the State Land Cadastre, which emerged after the transfer of information on land from the State Register of Lands to the State Land Cadastre (location within the land portion of another land area, The disparity of the boundaries of the land area specified in the State Register of Lands, its valid limits);
2) the inconsistency of the land area specified in the State Register of Lands, its real area as a result of changing counting methods (rounding);
(3) The discrepancy of the land area in the State Land registry of information contained in a document which will make the decision of the right to it if such discrepancy arose as a result of the changes or correction of the error in the information State Land Cadastre on Land after the design of the document, which is the basis for the occurrence of the relevant substance rights to the land area. In this case, priority is given to the State Land Cadastre.
4. The refusal of the State Registration of Rights for the reasons given in paragraph 6 of the first article does not apply in the case of:
(1) State registration of real property rights on the basis of a court decision on property rights and other real estate rights;
2) of the public registration of the ownership of a fixed property with the opening of the section in the State Registry of Rights and the transfer of such ownership of the circumference, the state registration was held in the special section of the State Registry of Rights;
3) the state registration of the ownership of the property of the estate acquired by its forced implementation in accordance with the law.
5. The refusal of public registration of the rights of the subpoena, unforeseen part of the first of this article, is prohibited.
Article 25. Stopping public registration of rights
1. The conduct of public registration of rights is stopped on the grounds of a court decision banning the actions related to the state registration of rights that had set up a legal force. The state registrar does not delay the registration of the registration of the claimant's rights.
2. The Court, which ruled on the prohibition of the conduct of action related to the state registration of the rights, is obliged to send its subject to the State registration registration with the mandatory institution of the judicial decision of the lawful force.
Such a court decision is registered in the database on the basis of the statement.
The State registrar decides to leave a halt to the state registration of rights if the decision of the court to ban the actions related to the state registration of rights has not received a legitimate force.
3. The State registrar decides on the restoration of state registration of rights on the grounds of the Court's decision to repeal the decision of the court, which was the basis for the decision to stop the state registration of rights. In this case, the total line of review of the state registration statement continues with the time elapsed before it is stopped.
Article 26. Make entries to the State Registry of Rights, Changes to Them and Their Abolition
1. Records to the State Register of rights are made on the basis of the adopted decision on the state registration of rights.
In the event of changing the identity of the subject's rights, information about the object of the fixed property, including the modification of its technical characteristics, the detection of technical error in the records of the State Registry of Rights or Documents issued by the the means of doing this register (description, printing, grammatical, arithmetic or other error), according to the statement of the owner or other legal player, and in the case provided by the subparagraph "in" paragraph 2 of the sixth article 37 of this Act, the changes to The records of the State Register of Rights.
If an error in the registry affects the rights of third persons, changes to the State Registry are given on the basis of the court's decision.
Submission and receipt of documents for a statement on the amendment of the entries of the State Register of Rights shall be exercised in the order provided for the State registration of rights.
2. In case of cancellation, the decision on the state registration of rights, documents, conducted by the state registration rights, the cancellation of the state registration records, and in the case of the sub-item. "and" paragraph 2 of the sixth article 37 of this Act, the State Registry of the right to record the abolition of the state registration of rights.
