RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 23, 2016 No. 553

About modification and recognition voided some resolutions of the Cabinet of Ministers of Ukraine

The Cabinet of Ministers of Ukraine decides:

1. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

2. Determine that before implementation of information exchange between the State register of the rights to real estate and the Unified register of the documents granting the right to accomplishment of preparatory and construction works and certify acceptance in operation finished with construction of facilities, data on return to completion, refusal in issue, cancellations and cancellations of the specified documents submission of the document by the applicant which according to requirements of the legislation certifies acceptance in operation finished by asset construction, or its verified copy (in cases, stipulated by the legislation) is obligatory.

3. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

4. To provide to the Ministry of Justice together with the Ministry of Regional Development, Construction and Housing in three-months time from the date of entry into force of this resolution information exchange between the State register of the rights to real estate and the Unified register of the documents granting the right to accomplishment of preparatory and construction works and witnessing acceptance in operation finished with construction of facilities, data on return to completion, refusal in issue, cancellation and cancellation of the specified documents.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 23, 2016 No. 553

Changes which are made to resolutions of the Cabinet of Ministers of Ukraine

1. In the Regulations on state registration of charters of territorial communities approved by the resolution of the Cabinet of Ministers of Ukraine of July 27, 1998 No. 1150 (The Official Bulletin of Ukraine, 1998, No. 30, Art. 1133; 2004, No. 27, Art. 1774; 2011, No. 84, Art. 3078):

Item 1 to state 1) in the following edition:

"1. Registration of charters of territorial communities of villages, settlements, cities (except Kiev) is performed by the relevant head territorial administrations of justice, the charter of territorial community of Kiev - Ministry of Justice according to the statement of the established sample (appendix 1).";

2) to add the Provision with Item 1-1 of the following content:

"1-1. Acceptance and issue of documents is performed through the centers of provision of administrative services.";

3) in Item 2:

in paragraph one of the word "in the body performing this registration" to exclude;

exclude the subitem "g";

Item 3 to exclude 4);

Paragraph two of Item 7 to state 5) in the following edition:

"The body performing registration of the charter no later than the next working day after decision making about refusal in registration of the charter sends such decision to the center of provision of administrative services which performed adoption of the relevant documents, for issue to his applicant.";

6) in Item 11:

in paragraph one of the word "in body of registration of charters" to exclude;

exclude the subitem "g";

The column "Data on Introduction of Payment for Registration of the Charter" to exclude 7) in appendix 3 to the Provision.

2. In Item 6 of the Procedure for forming, maintaining and use of data of the licensed register and their representation in the Unified licensed register approved by the resolution of the Cabinet of Ministers of Ukraine of November 8, 2000 No. 1658 (The Official Bulletin of Ukraine, 2000, No. 45, Art. 1937; 2009, No. 39, Art. 1297; 2011, No. 59, Art. 2356; 2012, No. 92, Art. 3730):

The second the word of "State Committee of Ukraine on Regulatory Policy and Entrepreneurship" to replace 1) in the paragraph with the word "GRS";

2) word in paragraph three "the state company "The information and resource center "Ukrgosreestra" shall be replaced with words "the state company belonging to the sphere of management of Ministry of Justice".

3. Item 3 of the resolution of the Cabinet of Ministers of Ukraine of July 13, 2011 No. 816 "Some questions of the Public registration service" (2011, No. 59, the Art. 2356) to exclude the Official Bulletin of Ukraine.

4. In the 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" (The Official Bulletin of Ukraine, 2016, No. 2, the Art. 108):

1) the Procedure for state registration of the rights to real estate and their encumbrances approved by the specified resolution to state in the following edition:

"No. 1127 is approved by the Resolution of the Cabinet of Ministers of Ukraine of December 25, 2015

(in edition of the Resolution of the Cabinet of Ministers of Ukraine of August 23, 2016 No. 553)

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 (daleegosudarstvenny registration of the rights), the list of the documents necessary for its carrying out, the right and obligation of subjects in the field 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:

new object - the real estate unit finished with construction, state registration of the property right to which is carried out for the first time;

reconstruction - reconstruction, restoration or capital repairs of object of town planning;

the authorized person of the subject of state registration of the rights the state registrar of the rights to real estate (further - the state registrar), the official or person who is in employment relationships with the subject of state registration of the rights who according to the legislation got the ID of access to the State register of the rights to real estate (further - the State register is right) only for the purposes of acceptance and issue of documents in case of state registration of the rights, registration of ownerless real estate;

front office - the center of provision of administrative services formed according to the Law of Ukraine "About administrative services", the accredited subject performing powers only regarding ensuring acceptance and issue of documents in case of state registration of the rights, registration of ownerless real estate.

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 which are created by means of software of maintaining the State register of the rights electronically with imposing of own digital signature.

The decision of the state registrar in day of its acceptance by means of software of maintaining the State register of the rights is placed on the web portal of Ministry of Justice for access for the applicant to it for the purpose of viewing, loading and its seal.

The moment of receipt of the state registrar by the applicant of the decision for the purposes of this Procedure date of placement of such decision on the web portal of Ministry of Justice for access for the applicant to it 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 time, not exceeding 12 hours, except days off and holidays, from the moment of adoption of the corresponding statement.

General procedure for carrying out state registration of the rights

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