LAW OF UKRAINE

of November 26, 2015 No. 834-VIII

About introduction of amendments to the Law of Ukraine "About state registration of the rights to real estate and their encumbrances" and some other legal acts of Ukraine on decentralization of powers on state registration of the rights to real estate and their encumbrances

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. "About state registration of the rights to real estate and their encumbrances" (Sheets of the Verkhovna Rada of Ukraine, 2010, No. 18, of Art. 141 with subsequent changes) to state the law of Ukraine in the following edition:

"Law of Ukraine

About state registration of the rights to real estate and their encumbrances

This Law governs the relations arising in the field of state registration of the rights to real estate and their encumbrances and is aimed at providing recognition and protection of these rights by the state.

Section I General provisions

Article 1. Scope of the Law

1. Operation of this Law extends to state registration of the rights to the real estate which is in the territory of Ukraine and encumbrances of such rights.

State registration of the rights to object of construction in progress and their encumbrances is carried out according to the procedure, determined by this Law, taking into account features of legal status of such object.

2. Operation of this Law does not extend to state registration of air and ocean ships, inland navigation vessels, space and other objects of the civil laws to which the legal regime of immovable thing can be extended by the law.

Article 2. Basic concepts

1. In this Law the following basic concepts are used:

1) state registration of the rights to real estate and their encumbrances (further - state registration of the rights) - official recognition and confirmation by the state of the facts of acquisition, change or the termination of the rights to real estate, encumbrances of such rights by entering of the corresponding records into the State register of the rights to real estate;

2) the State register of the rights to real estate (further - the State register is right) - the single state information system providing processing, storage and provision of data on the registered corporeal rights to real estate and their encumbrances about objects and subjects of such rights;

3) applicant:

the owner, other assignee, the party of the transaction in whom there was corporeal right, or persons authorized by them - in case of submission of documents for carrying out state registration of acquisition, change or the termination of the property right and other corporeal rights;

public authority, his official which establish, change or stop encumbrance, person for the benefit of whom encumbrances, or persons authorized by them - are established, changed or stopped in case of submission of documents for carrying out state registration of acquisition, change or the termination of encumbrance of the corporeal rights;

the mortgage holder, person for the benefit of whom the mortgage is established, changed or stopped, or persons authorized by them - in case of submission of documents for carrying out state registration of acquisition, change or the termination of mortgage;

local government body - in case of registration of ownerless real estate;

person behind whom the personal account is enshrined in the pokhozyaystvenny book of the relevant village, settlement, city council or person authorized by it - in case of carrying out state registration of the property right to the individual (farmstead) apartment houses, garden, country houses, economic (home) buildings and constructions, extensions to them located in the territories of village, settlement, city councils and which are finished with construction till August 5, 1992;

4) other assignee - the lessee, the subject of other right derivative of the property right, the mortgage holder, the heir (in case of registration of inheritance which part the corporeal rights to real estate which are subject to state registration according to this Law are);

5) encumbrances - prohibition to dispose and/or use real estate, established by the law, acts of the public authorities authorized on it, their officials or such that arose based on the agreement;

6) territorial authorities of the Ministry of Justice of Ukraine - the territorial authorities of the Ministry of Justice of Ukraine providing realization of state policy in the field of state registration of the rights to real estate and their encumbrances in the Autonomous Republic of Crimea in areas, the cities of Kiev and Sevastopol;

7) the technical administrator of the State register of the rights (further - the technical administrator) - the state unitary enterprise which is determined by the Ministry of Justice of Ukraine and is carried to the sphere of its management performs measures for creation, implementation and support of the software of the State register of the rights, is responsible for its technical and technological support, preserving and data protection of this register, performs technical and technological actions for provision, blocking and cancellations of access to the State register of the rights, will organize and provides training for work with this register;

8) registration case - set of the documents in paper and electronic form submitted for carrying out state registration of the rights and created in the course of state registration of the rights.

2. Other terms are used in the value given in the Civil code of Ukraine and the laws of Ukraine.

Article 3. Principles of state registration of the rights

1. The general principles of state registration of the rights are:

1) ensuring with the state objectivity, reliability and completeness of data on the registered rights to real estate and their encumbrances;

2) obligation of state registration of the rights in the State register of the rights;

3) publicity of state registration of the rights;

4) entering of data into the State register of the rights only on the bases and according to the procedure, determined by this Law;

5) openness and availability of data of the State register of the rights.

2. The corporeal rights to real estate and their encumbrances which are subject to state registration according to this Law arise from the moment of such registration.

3. The corporeal rights to real estate and their encumbrances which arose till January 1, 2013 are recognized valid in the presence of one of the following conditions:

1) registration of such rights was carried out according to the legislation existing at the time of their origin;

2) at the time of emergence of such rights the legislation which did not provide their obligatory registration was effective.

4. Any actions of person directed to establishment, change or the termination of the rights to real estate and their encumbrances which are subject to state registration according to this Law can be made if the corporeal rights to such property are registered according to requirements of this Law, except cases when the corporeal rights to real estate which arose till January 1, 2013 are recognized valid according to part three of this Article, and the cases determined by article 28 of this Law.

5. State registration of the property right and other corporeal rights is carried out irrespective of the location of real estate within the Autonomous Republic of Crimea, area, the cities of Kiev and Sevastopol, except state registration of the property right and other corporeal rights, carried out by notaries irrespective of the location of real estate.

Based on the decision of the Ministry of Justice of Ukraine state registration of the property right and other corporeal rights can be made within several administrative and territorial units determined in paragraph one of this part.

State registration of encumbrances of the rights is carried out irrespective of the location of real estate.

State registration of the rights is carried out according to statements in the field of state registration of the rights by any state registrar taking into account the requirements established by paragraphs the first - third this part, except for the case provided by the paragraph the fifth this part.

State registration of the rights as a result of making of notarial action with real estate, object of construction in progress is carried out by the notary who makes such action.

Article 4. The corporeal rights and their encumbrances which are subject to state registration

1. Are subject to state registration of the rights:

1) property right;

2) corporeal rights derivative of the property right:

right to use (servitude);

right to use by the parcel of land for agricultural needs (emphyteusis);

right of building of the parcel of land (superficies);

right of economic maintaining;

right of operational management;

right of permanent use and right of lease (sublease) of the parcel of land;

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