EXTRAJUDICIAL MECHANISM OF PROTECTION OF RIGHTS AND INTERESTS IN THE FIELD OF STATE REGISTRATION

EXTRAJUDICIAL MECHANISM OF PROTECTION OF RIGHTS AND INTERESTS IN THE FIELD OF STATE REGISTRATION‍

The decisions, actions or omissions of the state registrar, the subject of state registration of rights may be appealed to the Ministry of Justice of Ukraine or its territorial bodies within 60 calendar days from the day of the decision being appealed or from the day when the person learned or could find out about violation of it rights by appropriate action or omission.

Legal backgrounds:‍

Article 37 of the Law of Ukraine “On State Registration of Property Rights to Real Estate and their encumbrances” defines the extra-judicial procedure for appealing against decisions, actions or omissions in the field of state registration of real estate rights and encumbrances.

Article 34 of the Law of Ukraine “On State Registration of Legal Entities, Private Entrepreneurs and Public Formations” also provides for extrajudicial appeals of decisions, actions or omissions, but already in the field of state registration of legal entities, private entrepreneurs and public entities.

The existence of such protection mechanism is in accordance with paragraph 2, Article 17 of the Civil Code of Ukraine, and also referred to paragraph 7 and 8, Article 16 of the Law of Ukraine "On appeals of citizens".

More detailed implementation of the abovementioned protection mechanisms is regulated in the Cabinet of Ministers of Ukraine Decree No. 1128 of December 25, 2015 “On Approval of the Procedure for Consideration of Appeals in the Field of State Registration”.

Please note that the appeals can be submitted in both ways paper and electronic form. If an appeal submits in electronic form, the copies of applications must be scanned and attached with the obligatory overlay with qualified electronic signature of the complainant or his / her representative.

The general procedure for handling appeals in the field of state registration consists of two stages:

Stage One: Examining the appeal by the State Registration Appeals Commission. This commission is a permanent collegial advisory body under the Ministry of Justice of Ukraine or its territorial body. It works in the form of meetings that are invited the complainant, the subject of appeal and other interested parties. Following the examination of the appeal, the commission adopts a decision, which sends to the body in which it operates: to the Ministry of Justice of Ukraine or its territorial body, respectively.

Stage II: The Ministry of Justice of Ukraine or its territorial body, based on the results of the consideration of the appeal based on the decision of the commission, makes a reasoned decision on the satisfaction of the appeal or the refusal to satisfy it, in the form of an order.

Having considered the appeal, the Ministry of Justice of Ukraine or its territorial body may take one of the decisions provided by law, whereby there are decisions that can only be taken by the Ministry of Justice.