Unofficial translation. (c) Soyuzpravoinfo

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 25, 2015 No. 1127

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

According to parts two and the tenth Article 18, 20, to parts two and third Article 32, parts three of article 34 of the Law of Ukraine "About state registration of the rights to real estate and their encumbrances" the Cabinet of Ministers of Ukraine decides Article parts one:

1. Approve enclosed:

Procedure for state registration of the rights to real estate and their encumbrances;

Procedure for provision of information from the State register of the rights to real estate;

Procedure for access to the State register of the rights to real estate.

2.  No. 806 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 09.11.2016

3. Take into consideration that since January 1, 2016:

1) the statements in the sphere of state registration of the rights to real estate and their encumbrances submitted till January 1, 2016 for consideration to the bodies of state registration of the rights formed by the Ministry of Justice in the procedure established by the legislation, including provided through officials of local government bodies, administrators of the centers of provision of administrative services and notaries are subject to consideration by the state registrars of the rights to real estate of the Ministry of Justice in terms and according to the procedure, stipulated by the legislation, acting for date of submission of such statements;

2) the bodies of state registration of the rights formed by the Ministry of Justice in the procedure established by the legislation before the termination of provision of services in the sphere of state registration of the rights to real estate and their encumbrances in the territory of the corresponding administrative and territorial units according to the decision of the Cabinet of Ministers of Ukraine provide forming and conducting registration cases according to the legislation, including when carrying out state registration of the rights by other subjects of state registration not on the location of property, notaries;

3) in case of the termination of provision of services in the sphere of state registration of the rights to real estate and their encumbrances of state registration of the rights by body, educated Ministry of Justice in the procedure established by the legislation in the territory of the corresponding administrative and territorial unit according to the decision of the Cabinet of Ministers of Ukraine such body provides transfer for consideration of the statements which are available for it in the sphere of state registration of the rights to real estate and their encumbrances for their further review by the subject of state registration of the rights with obligatory informing the applicant on such transfer, and also the created registration cases for their further maintaining according to the legislation;

4) provision of services in the sphere of state registration of the rights to real estate and their encumbrances before implementation of the software of the State register of the rights to real estate created according to the Law of Ukraine "About state registration of the rights to real estate both their encumbrances" and other regulatory legal acts adopted according to it is performed according to the legislation by means of the existing software of the State register of the rights to real estate.

4. Recognize invalid acts of the Cabinet of Ministers of Ukraine according to the list which is attached.

5. This resolution becomes effective since January 1, 2016.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 25, 2015 , No. 1127

Procedure for state registration of the rights to real estate and their encumbrances

General questions

1. This Procedure determines conditions, the bases and the procedure of carrying out according to the Law of Ukraine "About state registration of the rights to real estate and their encumbrances" state registration of the rights to real estate, objects of construction in progress and their encumbrances (further state registration of the rights), the list of the documents necessary for its carrying out, the right and obligation of subjects in the sphere of state registration of the rights, and also conditions, the bases and the procedure of registration of ownerless real estate.

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

the object finished with construction - the object finished with construction which after acceptance of object in operation is the independent real estate unit;

reconstruction - reconstruction, restoration or capital repairs finished by asset construction;

the paragraph the fourth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 13.05.2020 No. 399

the paragraph the fifth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 13.05.2020 No. 399.

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

3. State registration of the rights and accounting of ownerless real estate are carried out with decision making by the state registrar of the rights to real estate (further - the state registrar) which are created by means of software of maintaining the State register of the corporeal rights to real estate (further - the State register is right) electronically with imposing of the qualified digital signature. For creation of the qualified digital signature means of the qualified digital signature which have the built-in hardware and software providing protection of the data which are written down on them against unauthorized access, against direct acquaintance with parameter value of personal keys and their copying are used only.

The decision of the state registrar in day of its acceptance is available to use by the applicant on the Single state web portal of electronic services (further - the Action Portal) or other information system by means of which the applicant filed documents for state registration of the rights.

The moment of receipt of the state registrar by the applicant of the decision for the purposes of this Procedure day from which such decision is available to use by the applicant on the Action Portal and/or other information system by means of which the applicant filed documents for state registration of the rights is considered.

The decision of the state registrar at the request of the applicant, and also according to the address of officials of state bodies, local government bodies in connection with implementation of the powers determined by the law by them can be provided in paper form by its seal by means of software of maintaining the State register of the rights on sheets of paper of the A4 format (210 x 297 millimeters) without use of special forms, putting down of the sign and seal of the state registrar.

The decision of the state registrar in paper or electronic form have identical legal force and contain the exclusive reference on the State register of the rights.

4. State registration of the rights and accounting of ownerless real estate are carried out in state language.

5. State registration of the rights is carried out to the terms established by the Law of Ukraine "About state registration of the rights to real estate and their encumbrances".

Registration of ownerless real estate is carried out in day of adoption of the corresponding statement.

5-1. Judgments on prohibition (cancellation of prohibition) of making of registration actions or the statement of owners of real estate for prohibition of making of registration actions, statements for withdrawal of earlier submitted applications for prohibition of making of registration actions arriving to the subject of state registration of the rights or the notary instantly are registered the state registrar, the notary in the database of statements.

In case of receipt of the statement of the owner of real estate for prohibition of making of registration actions concerning own real estate the state registrar according to the law identifies the personality of the owner and checks availability of state registration of the property right on corresponding real estate in the State register of the rights, including in its integral archival component. If the application concerning the parcel of land, data on the property right to which are absent in the State register of the rights, is submitted, the state registrar checks availability of state registration of the property right in the State land cadastre.

In case of receipt of the statement of the owner of real estate for withdrawal of own statement for prohibition of making of registration actions the state registrar according to the law identifies the owner's personality.

Statements of the owner of real estate for prohibition of making of registration actions concerning own real estate or about withdrawal of own statement for prohibition of making of registration actions are not subject to forming and registration in cases when the state registrar does not identify the personality of the applicant or accessory of real estate on the property right is not established.

General procedure for carrying out state registration of the rights

6. State registration of the rights is carried out according to the statement of the applicant by the address to the subject of state registration of the rights or the notary.

the paragraph two is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 13.05.2020 No. 399

7. For state registration of the rights the applicant submits the originals of the documents necessary for the corresponding registration provided by the Law of Ukraine "About state registration of the corporeal rights to real estate and their encumbrances", other laws of Ukraine and this Procedure.

If originals of the documents necessary for state registration of the rights according to the legislation remain in cases of state bodies, local government bodies which issue them, the applicant submits the copies of documents which are drawn up by such bodies according to the legislation.

the paragraph third is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 13.05.2020 No. 399.

the paragraph the fourth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 13.05.2020 No. 399.

8. The state registrar, by means of software of maintaining the State register of the rights creates and registers the statement in the database of statements, in case of payment term of services for state registration of the rights in full and identifications of the applicant and also if the application is submitted concerning the parcel of land, - in the presence in the State land cadastre of data on such parcel of land.

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