Unofficial transfer. (c) Soyuzpravoinform
of July 17, 2013 No. 665
About approval of the Procedure for maintaining the Register of agrarian receipts
According to article 10 of the Law of Ukraine "About agrarian receipts" the Cabinet of Ministers of Ukraine decides:
Approve the Procedure for maintaining the Register of agrarian receipts which is applied.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 17, 2013, No. 665
1. This Procedure determines requirements to the Register of agrarian receipts (further - the Register) and the mechanism of its maintaining.
2. In this Procedure terms are used in the value given in the Law of Ukraine "About agrarian receipts".
3. The register is created for the purpose of accumulating, processing, storage and representation according to the law of information on the agrarian receipts issued by debtors, and also on persons which are debtors and creditors according to such receipts.
4. The register is kept electronically according to national standards.
Technical and software of maintaining the Register shall provide:
the automated maintaining standard of the Register;
control of completeness of entering of records into the Register;
accomplishment in full functions of the database manager Reestr (accumulating, analysis and updating of data, right of access and so forth);
storage of data on agrarian receipts, and also about persons who are debtors and creditors according to agrarian receipts, within 75 years from the date of introduction of record about the termination of the agrarian receipt;
data protection in compliance the law;
reliability and completeness of data;
issue at the scheduled time of excerpts and references from the Register.
6. Administrator Reestra is the state company which belongs to the sphere of management of Minagropolitiki and is authorized by it to perform actions for development and support of the software of Reestr, to be responsible for technical and technological support, safety and data protection, containing in Reestra.
provides its functioning, in particular updating of information resources and the database, the round-the-clock access of physical persons and legal entities to data which contain in the Register, through the official web portal of his administrator;
records, processes, accumulates and stores data on agrarian receipts;
takes measures to ensuring protection of the data entered in the Register, and also use of the identifier of the registrar when entering records into the Register and issue of excerpts and references from it;
performs other functions connected with ensuring functioning of the Register.
7. Registrars are offices of notary public, private notaries (further - notaries) who are given by the holder Reestra appropriate authority also make such registration actions:
1) entering into the Register of records about:
to issue of the agrarian receipt;
to assignment of rights of the creditor according to the agrarian receipt;
change of information about the creditor or other data on the agrarian receipt;
making of executive text on the agrarian receipt;
termination of the agrarian receipt;
impossibility of accomplishment by the debtor of the obligation according to the agrarian receipt due to the lack of the creditor;
2) issue of excerpts and references from the Register.
8. Investment of notaries with powers of registrars is performed by giving by them to the holder Reestra of the corresponding application to which the agreement on providing access to Reestr signed with the administrator Reestra is enclosed. The notary is considered given authority to the registrar from the moment of receipt to the holder Reestra of the specified statement.
In case of cancellation of the agreement on providing access to the Register the identifier issued to the registrar is not used to entering of records into it.
Data on the conclusion of such agreements it will be promulgated by the administrator Reestra on its page on the Internet.
9. For making of registration actions the payment according to part two of articles 19 and 31 of the Law of Ukraine "About notariate" is levied.
10. The registrar refuses making of registration action in case there is no document on introduction in full of payment for making of the corresponding registration action and also if:
any of documents, stipulated in Item 30 this About is not given (for entering into the Register of record about the termination of the agrarian receipt);
proofs, stipulated in Item 36 this About are not submitted (for entering into the Register of record about impossibility of accomplishment by the debtor of the obligation according to the agrarian receipt due to the lack of the creditor);
persons which are not specified in Item 40 of this Procedure address for issue of endurance or the reference from the Register.
The refusal in making of registration action is drawn up in writing within two working days with indication of the basis.
11. Records about the commodity and financial agrarian receipts issued in Ukraine are entered in the Register.
Record about issue of the agrarian receipt is entered in the Register in day of its notarial certificate.
The agrarian receipt is considered the corresponding record issued from the date of entering into the Register.
12. The notary who is not registrar not later than the next working day after the notarial certificate of the agrarian receipt sends two of its copies to registrar which in day of their receipt enters the corresponding record in the Register and within one working day after introduction of such record returns one copy of the agrarian receipt to the notary who performed its notarial certificate, and the second - tells to the creditor according to the agrarian receipt.
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