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On Introduction Of Amendments To Certain Legislative Acts Of Ukraine In Connection With The Introduction Of The State Registration Of Rights To Real Property And Liens

Original Language Title: Про внесення змін до деяких законодавчих актів України у зв'язку із запровадженням державної реєстрації речових прав на нерухоме майно та їх обтяжень

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LAW OF UKRAINE

On the introduction of changes to some legislatures of Ukraine in relation to the introduction of the state registration of the substance of the rights of real property and their rites

(Information Of The Verkhovna Rada (VR), 2014, No. 20-21, pp. 708)

Verkhovna Rada of Ukraine Orders:

I. Amend the following legislative acts of Ukraine:

1. In Earth Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2002, No. 3-4, art. (27):

(1) In the paragraph of the second part of the second article 100, "Treaty on the Establishment of Land Service", replaced by the words "Land Service";

(2) Part of Article 132 to exclude;

3) in the second sentence of part of the second article 142 words "and the state registration" to exclude.

2. In Family Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2002, No. 21-22, art. 135):

(1) The paragraph of the second part of the first article 89 is set out in this edition:

" The treaty, which is transferred to property ownership, must be notarized. The right to property of property referred to such a treaty arises from the moment of state registration of this right in accordance with the law ";

(2) The paragraph of the second part of the first article 190 is set out in such an editorial:

" Such a treaty will be notarized. The right to property rights under such a treaty arises from the moment of state registration of this right under the law. "

3. In Civil Code of Ukraine (Information of the Verkhovna Rada of Ukraine, 2003, No. 40-44, art. 356):

(1) In the paragraph of the second part of Article 402, the words "Treaty on the Establishment of Land Service" would be replaced by the words "Land Service";

(2) Part of the third article 811 to exclude;

(3) Article 1299 is excluded.

4. Subparagraph 2 of the "b" part of the first article 33 "Local Government in Ukraine". (Information of the Verkhovna Rada of Ukraine, 1997, No. 24, p. 170; 2003, No. 4, pp. 31, No. 45, st. 360; 2004, No. 15, pp. 228; 2010, No. 10, pp. 107; with changes made by the Law of Ukraine on 2 October 2012 No. 5406-VI) to exclude.

5. In The Law of Ukraine "On the Mortgage" (Information of the Verkhovna Rada of Ukraine, 2003, No. 38, pp. 313, 2006, No. 13, pp. 110, No. 16, pp. 134; 2009, No. 19, pp. 257, No. 38, pp. 535; 2013, No. 23, pp. (224):

(1) In Article 3:

a part of the second teaching in such an editorial:

"The mutual rights and responsibilities of the mortgage and the mortgage holder arise from the moment of the state registration of the mortgage according to the law";

In part three of the word "real estate, the construction of which is not completed", it is replaced by the words "the object of incomplete construction", and the words "this real estate"-the words "this object";

in the first sentence of part of the sixth word "not registered in the established law of order or" to exclude;

Article 4:

" Article 4. State registration of the mortgage

The retraction of fixed property is a mortgage subject to state registration according to the law. State registration of air and naval vessels, domestic navigation vessels, space facilities is conducted in a manner established by the Cabinet of Ministers of Ukraine ";

3) in the second sentence of part of the fourth article 20 words "made to the relevant state registry for the place of public registration of a mortgage in established law" to replace the words " state registration in the order established by the Legislation on the State Registration of Real Property Rights and Their Rits ";

(4) Part of the first article 26 is set out in such an editorial:

" The transfer of a bail by committing an indoset provides an inboard of all the rights of the mortgage holder under a mortgage contract and a basic commitment. Indosat acquires the rights of the mortgage holder since the state registration of information about the transfer of bail in the prescribed law. "

6. In The Law of Ukraine "On financial and credit mechanisms and management of the mine in building housing and real estate operations" (Information of the Verkhovna Rada of Ukraine, 2003, No. 52, p. 377; 2009, No. 17, pp. 236):

(1) In Article 19:

In part one of the first words "received from the authorities in registration of the property rights of fixed property" to exclude;

In the first sentence of the fifth word "further design", replace the words "further state registration for the trustee";

In the first part of the sixth word, "The design of the right-established documents" is replaced by the words "the holding of the state registration of ownership of the property on the basis of the trustee of the investment object";

In part eleven:

In the first sentence, the word "Decoration" is replaced by the words "State registration";

in the second sentence of the words "The Authority of Local Self-Government is entitled" to be replaced by the words "bodies carrying out the state registration of real property rights, conduct public registration of law" and the words "local government bodies"- "such bodies";

In parts of the twelfth and fourteenth words "Decoration" and "design", replace "State registration" and "public registration";

(2) Second sentence of Article 35 to exclude.

7. Third sentence of the second article 19 Law of Ukraine "On ensuring creditors requirements and registration" (Information of the Verkhovna Rada of Ukraine, 2004, No. 11, art. 140), in such an editorial: "Such a rite of real estate comes from the moment of its state registration in the State Registry of the Rights of Real Estate".

8. Part of the second article 19 - 1 Law of Ukraine "On the Cooperation" (Information of the Verkhovna Rada of Ukraine, 2004, No. 5, p. 35; 2009, No. 43, st. 639) to supplement the sentence of such content: "The ownership of such a property in a member of a cooperative arises from the moment of state registration of this right under the law."

9. In The Law of Ukraine "On the alienation of land plots, other real estate objects which are placed in private property, for public needs or of the motives of the public necessity" (Information of the Verkhovna Rada of Ukraine, 2010, No. 1, p. (2):

(1) In the first sentence of part of the first article 12, the words "and the state registration" to exclude;

(2) In part one article 13, the words "from the day of receiving information (written message) of the ransom to the day of the notary's certificate of purchase of sale (another law that involves the transfer of ownership) and its public registration" to replace the words "to the passage of property rights to such a land, other non-governmental objects that are placed on it, to the state or territorial community".

II. This Act will take effect from the day, the following day by the day of its publication.

President of Ukraine

(...) (...)

Um ... Kyoto
July 4, 2013
No. 402-VII