ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of December 15, 2015 No. 2586/5

About streamlining of the relations on state registration of the rights to real estate and their encumbrances, state registration of legal entities and physical persons entrepreneurs

According to the Laws of Ukraine of November 26, 2015 to 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" and of November 26, 2015 No. 835-VIII "About introduction of amendments to the Law of Ukraine "About state registration of legal entities and physical persons - entrepreneurs" and some other legal acts of Ukraine on decentralization of powers on state registration of legal entities, physical persons entrepreneurs and public forming", subitem 2-2 of Item 3, Item 10 of the Regulations on the Ministry of Justice of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of July 2, 2014 No. 228, I order:

1. Approve the Procedure for ensuring access of persons authorized on implementation of registration actions, to the Unified and State registers, information and communication systems including information (automated) which creation and ensuring functioning is referred by the legislation to competence of the Ministry of Justice of Ukraine which is applied.

2. Recognize invalid orders of the Ministry of Justice of Ukraine:

of April 2, 2013 No. 607/5 "About measures for interaction of bodies of state registration of the rights and their officials", registered in the Ministry of Justice of Ukraine on April 2, 2013 at No. 534/23066;

of October 14, 2011 No. 3175/5 "About approval of the Regulations on implementation of the state supervision of compliance with law in the field of state registration of legal entities and physical persons entrepreneurs", registered in the Ministry of Justice of Ukraine on October 18, 2011 on No. 1202/19940.

3. Determine that:

1) agreements on provision of identifiers of access to Unified and State registers which holder is the Ministry of Justice of Ukraine concluded with technical administrators of the State register of the rights to real estate and the Unified State Register of Legal Entities and physical persons - entrepreneurs before entry into force of this order, are effective in accordance with the terms, determined in such agreements, and the access identifiers provided according to them are acting;

2) the statements for state registration of the property right or other corporeal rights to real estate submitted the Ministry of Justice of Ukraine according to the order of the Ministry of Justice of Ukraine of April 2, 2013 to No. 607/5 "About measures for interaction of bodies of state registration of the rights and their officials" registered in the Ministry of Justice of Ukraine on April 2, 2013 at No. 534/23066, till January 1, 2016 are considered by the state registrars of the rights to real estate of the Ministry of Justice of Ukraine in terms and according to the procedure, stipulated by the legislation;

3) operation of orders of the Ministry of Justice of Ukraine of April 2, 2013 No. 607/5 "About measures for interaction of bodies of state registration of the rights and their officials", No. 3175/5 registered in the Ministry of Justice of Ukraine on April 2, 2013 at No. 534/23066, of October 14, 2011 "About approval of the Regulations on implementation of the state supervision of compliance with law in the field of state registration of legal entities and physical persons entrepreneurs", registered in the Ministry of Justice of Ukraine on October 18, 2011 on No. 1202/19940, does not extend to notaries when implementing of powers of the state registrars by them.

4. To technical administrators of the State register of the rights to real estate and the Unified State Register of Legal Entities and physical persons entrepreneurs to take the adequate measures necessary for implementation of this order, including to provide the conclusion of the relevant contracts on provision of identifiers of access with subjects of state registration, the centers of provision of administrative services, offices of notary public and private notaries; the organization and carrying out training for work with these registers.

5. To department of the civil, financial legislation and legislation concerning land relations () submit A.N. Ferens this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

6. This order becomes effective from the date of its official publication, except Item 2 of this order which becomes effective since January 1, 2016.

7. To impose control over the implementation of this order on the First Deputy Minister Sevostyanov N. I. and the deputy minister - the chief of staff of Ivanchenko A. P. according to distribution of functional obligations.

Approved by the Order of the Ministry of Justice of Ukraine of December 15, 2015, No. 2586/5

Procedure for ensuring access of persons authorized on implementation of registration actions, to the Unified and State registers, information and communication systems including information (automated) which creation and ensuring functioning is referred by the legislation to competence of the Ministry of Justice of Ukraine

1. This Procedure determines the procedure of ensuring access to Unified and State registers, the information and communication systems including information (automated) which creation and ensuring functioning is referred by the legislation to competence of the Ministry of Justice of Ukraine (further - registers), to persons authorized according to the legislation on implementation of registration actions in the corresponding registers including on acceptance and issue of documents, and also persons who according to the legislation are determined by registrars and are authorized on submission of data in registers through electronic office (further - users), by provision of identifiers of access, the termination of access to registers, and also procedure for temporary blocking and cancellation of access to the State register of the corporeal rights to real estate and/or to the Unified State Register of Legal Entities, physical persons entrepreneurs and public forming.

2. Access to registers is provided to the user on a grant basis based on the agreement signed according to the general principles of the civil legislation.

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