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, the public forming which do not have the status of the legal entity and physical persons - entrepreneurs, 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, making of other registration actions is forbidden:
the state registrars of legal entities, physical persons entrepreneurs and public forming, the state registrars of the corporeal rights to real estate and their encumbrances consisting in employment relationships with the subject of the state registration / subject of state registration of the rights (further - the state registrars) which location is the administrative and territorial unit relating to the territories of active fighting (except the territories of active fighting in which the state electronic information resources function) and the territories which are temporarily occupied by the Russian Federation included in the list of the territories in which are conducted conducted) fighting or temporarily occupied by the Russian Federation, approved by the Ministry of questions of reintegration of temporarily occupied territories for which date of completion of fighting or temporary occupation is not determined;
notaries, workplace (office) of which it is located within the administrative and territorial unit relating to the territories of active fighting (except the territories of active fighting in which the state electronic information resources function) and the territories which are temporarily occupied by the Russian Federation included in the list of the territories in which are conducted fighting or temporarily occupied by the Russian Federation, approved by the Ministry of questions of reintegration of temporarily occupied territories for which date of completion of fighting or temporary occupation is not determined (was conducted);
the state and private contractors who are not included in the list about which the Ministry of Justice reports to the technical administrator of the State register of the rights;
1-1) No. 1309 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 12.12.2023
2) to officials of territorial authorities of the Ministry of Justice, 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, the public forming which do not have the status of the legal entity, physical persons entrepreneurs and separate divisions of the legal entity formed according to the legislation of foreign state:
- the paragraph of the sixth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 16.12.2022 No. 1422
- state registration based on judgments, about prohibition of making of registration actions, about seizure of corporate laws;
3) the applicant in case of submission of documents for state registration of the legal entity who treats the sphere of management central either local executive body or the share of the state in the authorized capital of which constitutes 100 percent" person can be authorized by governing body of the corresponding objects of the state property / corporate laws;
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 changes in data on charitable organization, public association, separate division of foreign non-governmental or charitable organization 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
8-1) No. 469 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 09.05.2023
9) in addition to prohibitions (restrictions) established by the legislation it is forbidden:
in the sphere of state registration of the rights to real estate and their encumbrances:
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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