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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 21, 2016 No. 990

About approval of the Procedure by the Ministry of Justice of control of activities in the field of state registration of the corporeal rights to real estate and their encumbrances and state registration of legal entities, physical persons entrepreneurs and public forming

(as amended on 16-12-2022)

According to part four of article 37-1 of the Law of Ukraine "About state registration of the rights to real estate and encumbrances" and part four of article 34-1 of the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public companies" the Cabinet of Ministers of Ukraine decides:

1. Approve control Procedure in the field of state registration which is applied.

2. Include in the Claim treatment procedure in the sphere of state registration approved by the resolution of the Cabinet of Ministers of Ukraine of December 25, 2015 No. 1128 (The Official Bulletin of Ukraine, 2016, No. 2, Art. 109, No. 44, Art. 1622, No. 91, Art. 2973), and the Procedure for accreditation of subjects of state registration and monitoring of compliance of such subjects to requirements of accreditation approved by the resolution of the Cabinet of Ministers of Ukraine of December 25, 2015 No. 1130 (The Official Bulletin of Ukraine, 2016, No. 2, Art. 111, No. 90, Art. 2938), changes which are applied.

Prime Minister of Ukraine

V. Groysman

Approved by the resolution of the Cabinet of Ministers of Ukraine of December 21, 2016, No. 990

Procedure the Ministry of Justice of control of activities in the field of state registration of the corporeal rights to real estate and their encumbrances and state registration of legal entities, physical persons entrepreneurs and public forming

1. This Procedure determines the procedure of implementation by Ministry of Justice of control of activities in the field of state registration of the corporeal rights to real estate and their encumbrances and state registration of legal entities, physical persons entrepreneurs and public forming (further - the sphere of state registration), criteria by which monitoring of registration actions in the State register of the corporeal rights to real estate and the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming is performed (further - registers), and degree of responsibility for violations in the field of state registration is determined.

Action of this Procedure does not extend to consideration of claims to decisions, actions or failure to act of the state registrar, subject of state registration, territorial authority of Ministry of Justice which is performed according to article 37 of the Law of Ukraine "About state registration of the corporeal rights to real estate and their encumbrances" and article 34 of the Law of Ukraine "About state registration of legal entities, physical persons entrepreneurs and public forming".

2. Terms which are used in this Procedure have such value:

the authorized person of the subject of state registration - the administrator of the center of provision of administrative services, the assistant notary who make all stipulated by the legislation actions for acceptance and issue of documents for state registration;

registration actions - all actions performed by the state registrar, the authorized person of the subject of state registration in registers except provision of information from them.

3. The main objectives of control of activities in the field of state registration are:

check of condition of observance of the procedures for state registration of the corporeal rights to real estate determined by the laws and their encumbrances and/or state registration of legal entities, physical persons entrepreneurs and public forming by the state registrars, authorized persons of subjects of state registration when implementing of powers by them;

prevention, identification and taking measures to elimination of the revealed violations of requirements of the laws;

determination of professional competence of persons who intend to perform functions of the state registrar;

the analysis of practice of application of the legislation in the field of state registration, provision of the corresponding generalized explanations.

4. Control of activities in the field of state registration is exercised in the way:

1) considerations of addresses according to the Law of Ukraine "About addresses of citizens";

2) considerations of deputy requests, addresses according to the Law of Ukraine "About the status of the People's Deputy of Ukraine";

3) information analysis, published in mass media or promulgated on the Internet;

4) verifications of the data received by Ministry of Justice in case of realization of powers in the field of state registration;

5) monitoring of registration actions in registers;

6) No. 1422 Is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 16.12.2022

7) conducting testing for knowledge of the legislation in the field of state registration of persons who have intention to perform functions of the state registrar and was not to positions of the state registrar or on other position providing execution of functions of the state registrar (further - position of the state registrar) in certain subject of state registration.

No. 1422 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 16.12.2022

5. During control of activities in the field of state registration the corresponding officials of Ministry of Justice have right of access to registers, in particular to registration cases electronically.

5-1. In case of detection in case of control of activities in the field of state registration of the facts of non-presentation by the legal entity to the state registrar of Ukraine determined by the Law "About state registration of legal entities, physical persons entrepreneurs and public forming" information of rather final beneficial owner of the legal entity the Ministry of Justice the registered mail informs on it the head of the corresponding legal entity or person, authorized to act on behalf of such legal entity (executive body), with the requirement about need of the address of such person in Ministry of Justice for creation according to the legislation of the protocol on the administrative offense provided by part six of article 166-11 of the Code of Ukraine about administrative offenses in a month.

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