RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 26, 2011 No. 1141

About approval of the Procedure for maintaining the State register of the corporeal rights to real estate

According to part three of article 11 of the Law of Ukraine "About state registration of the material rights to real estate and their burdenings" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for maintaining the State register of the corporeal rights to real estate which is applied.

2. This resolution becomes effective since January 1, 2012.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 26, 2011, No. 1141

Procedure for maintaining the State register of the corporeal rights to real estate

General questions

1. This Procedure determines the procedure of functioning of the State register of the rights to real estate (further - the State register is right), its integral archival component and filling of the State register of the rights the data provided by the Law of Ukraine "About state registration of the corporeal rights to real estate and their encumbrances".

2. The terms used in this Procedure have the following value:

1) the applicant - the physical person who is directly addressing for receipt of administrative service in the sphere of state registration of the corporeal rights to real estate and their encumbrances (further - state registration of the rights);

2) identification code according to the EGRPOU-identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine;

3) the integral archival component of the state register of the rights - the proprietorship register on real estate, the Unified register of prohibitions of alienation of real estate units, the state register of mortgages and in the case provided by the law, data of the state register of lands;

4) object of the corporeal rights - the parcel of land, the apartment house, the building, construction, and also their separate parts, the apartment, the residential and non-residential premise, object of construction in progress, future real estate object, meliorative network, component of meliorative network.

Other terms in this Procedure are used in the value given in the Law of Ukraine "About state registration of the corporeal rights to real estate and their encumbrances" other regulatory legal acts adopted according to it.

3. Maintaining the State register of the rights is performed in state language.

4. Maintaining the State register of the rights provides:

1) forming and/or registration of statements in the sphere of state registration of the rights, including statements of owners for prohibition of making of registration actions, in the database of statements;

1-1) registration of judgments on prohibition of making of registration actions, judgments on cancellation of the judgment that was the basis for decision making about suspension of carrying out registration actions, judgments on cancellation of prohibition of making of registration actions (further - judgments concerning prohibition (cancellation of prohibition) of making of registration actions) in the database of statements;

2) production and attaching to statements in the sphere of state registration of the rights or judgments concerning prohibition (cancellation of prohibition) of making of registration actions of the scanned copies of documents in paper form;

3) document transfer in the sphere of state registration of the rights between subjects of state registration of the rights, their authorized persons and the state registrars of the rights to real estate (further - the state registrar);

3-1) direction electronically requests to the companies of bureau of technical inventory count which according to the legislation carried out state registration of the property right and other corporeal rights to real estate, objects of construction in progress, the data about registered till January 1, 2013 the appropriate corporeal rights or about lack of such rights;

4) search of data in the State register of the rights, including in its integral archival component;

5) forming of decisions of the state registrar;

6) opening and in the cases provided by the law, closing of Sections in the State register of the rights, entering into Sections or the special Section of the State register of the rights of data of the corporeal right to objects of the corporeal rights, encumbrances of such rights;

7) forming of registration number of the real estate unit, registration case electronically;

8) introduction of records about cancellation of state registration of the rights, cancellation of records of the State register of the rights, introduction of data on cancellation of decisions of the state registrar;

9) provision of data from the State register of the rights;

10) information exchange with registers (inventories), and also with the automated information systems, the holder (the manager, the owner, the administrator) which state bodies information exchange with unified and state registers which creation and ensuring functioning is within the competence of Ministry of Justice are;

The structure and format of information files which are transferred and adopted according to the procedure of information exchange procedures of interaction of information systems and change in them are determined by Ministry of Justice together with the state body which is the holder (the manager, the owner, the administrator) of the corresponding information system, decision path who are drawn up in accordance with the established procedure by separate protocols / agreements;

11) use of dictionaries of unified and state registers which creation and ensuring functioning is within the competence of Ministry of Justice;

12) information exchange with the Single state web portal of electronic services.

The single structure and format of information files are transferred and adopted according to the procedure of information exchange, procedures of interaction of information systems and change in them are determined by Ministry of Justice together with Mintsifra decision path which are drawn up by separate protocols;

12-1) based on the agreements on provision of service service signed with the technical administrator of the State register of the rights, information exchange with information systems which provide identification of the user with use of means of electronic identification with high level of credibility, for filing of applications in the sphere of state registration of the rights electronically, ensuring access to results of provision of administrative services in the sphere of state registration of the rights, receipt of data from the State register of the rights;

13) forming of statistical data on the carried-out registration actions reflecting their quantity characteristic for certain period of time by such registration actions, and their promulgation in the official website of Ministry of Justice. The list of indicators and periods of time on which forming of statistical data is performed is determined by Ministry of Justice.

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