of March 6, 2022 No. 209
Some questions of state registration and functioning of unified and state registers which holder is the Ministry of Justice, in the conditions of warlike situation
According to articles 12-1, 20 of the Law of Ukraine "About legal regime of warlike situation", to the Presidential decree of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine" the Cabinet of Ministers of Ukraine decides No. 64:
1. Determine that in the conditions of warlike situation and within one month from the date of its termination or cancellation state registration of legal entities, physical persons entrepreneurs and public forming, state registration of the rights to real estate and their encumbrances (further - state registration), provision/receipt of data/information from the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming (further - the Unified state register), the State register of the corporeal rights to real estate (further - the State register is right), including by direct access to them, is carried out/is provided taking into account the following features:
1) state registration, except state registration which according to the legislation is performed in the automatic mode, is carried out only:
the state registrars of legal entities, physical persons - entrepreneurs and public forming, the state registrars of the rights to real estate and their encumbrances which are in employment relationships with subject of the state registration / subject of state registration of the rights which location is the administrative and territorial unit which is included in the list of administrative and territorial units approved according to Item 1-2 of this resolution and meet the requirements, certain subitem 10-4 of this Item (further - the state registrars);
officials of the Ministry of Justice, its territorial authorities (further - officials) which list is in writing told by the Ministry of Justice to the technical administrator of the State register of the rights / the Unified state register;
the notaries included in the list of notaries approved by the Ministry of Justice who in the conditions of warlike situation make notarial actions of rather valuable property (further - the list of notaries);
the state and private contractors according to the powers determined by the law which list is in writing told by the Ministry of Justice to the technical administrator of the state register of the rights.
the paragraph of the sixth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.06.2022 No. 719
Carrying out state registration of legal entities and physical persons entrepreneurs, and with clause about prohibition of the notarial certificate of agreements on alienation of real estate, objects of construction in progress or property rights concerning future real estate (further - real estate) - state registration of the rights to real estate and their encumbrances is forbidden to 1-1) notaries included in the list of notaries with clause about prohibition of the notarial certificate of agreements on alienation of corporate laws;
2) to officials, except the powers determined by the law it is also allowed:
in the sphere of state registration of the rights to real estate and their encumbrances:
- state registration of acquisition of rights of encumbrances of the corporeal rights to real estate based on the judgment;
- registration of the judgment on prohibition of making of registration actions;
in the sphere of state registration of legal entities, physical persons entrepreneurs and public forming:
- state registration of public authorities, local government bodies, state companies, state companies, municipal companies, municipal organizations (organizations, institutions), state organizations (organizations, institutions);
- state registration based on the judgments which took legal effect and involving change of data in the Unified state register;
3) person authorized by such body can be the applicant in case of submission of documents for state registration of the legal entity who treats the sphere of management central or local executive body;
4) state registration of changes in information about physical person - the entrepreneur based on the electronic services of statements provided with use of the Single state web portal electronically on which the law provides payment of administrative collection is carried out by the state registrars, instantly without collection of payment for carrying out the corresponding state registration to the reduced terms, and routing of such statements is performed by means of the Single state web portal of electronic services and distributed between the state registrars in proportion to the number of the processed statements for the previous business week;
5) No. 1012 Is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 10.09.2022
5-1) No. 719 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.06.2022
6) administrative collection is not levied for state registration of charitable organizations, public associations, separate divisions of foreign non-governmental organizations, representations, branches of foreign charitable organizations which object of activity is assistance to Armed Forces, other military forming, law enforcement (special) agencies, bodies of civil protection, to voluntary forming of territorial communities, to other persons who ensure homeland security and defense, repulse and control of the armed aggression of foreign state, and also persons who suffered or can suffer from such armed aggression, including for state registration of changes in data about such subjects providing inclusion in subject of their activities rendering such help;
7) payment of administrative collection / payment for provision of data from the Unified state register can be confirmed by the electronic copy (including screen copy) the relevant payment document. If the financial organization through which the payment is made provides possibility of conducting check of reliability of the relevant payment document, the state registrar, the official, the administrator of the center of provision of administrative services, the notary carry out such inspection;
8) No. 719 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 24.06.2022
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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