HOW TO RESTORE LEGAL DOCUMENTS
In accordance with part 1 of Article 1 of the Law of Ukraine “On Information”, a document is a material carrier containing information the main functions of which are its preservation and transmission in time and space.
If the original of the legal document is lost, stolen or damaged, you can get a duplicate. To do this, you must apply to the relevant authority that issued the original document.
Generally, in the event of loss or damage to a document, only the entity that issued such a document may issue a duplicate. At the same time, the expiration of a normative legal act, on the basis of which the relevant entity issued a document, is not a ground for refusal to issue a duplicate of the document. The only reason, in the presence of which the issuance of a duplicate of the document can not be carried out by the entity that issued such a document, is the elimination (termination) of such entity. In this case, the issuance of a duplicate of the document is carried out by the successor of the relevant subject or archival institution (if the transfer of documents to the archive is envisaged).
Documents confirming the fact of transfer of ownership of real estate from the previous owner to the new (sales contracts, mines, donations, etc.), as a rule, are issued by notaries.
Issuance of a duplicate or a copy of a lost document issued by the aforementioned officials is carried out by a state notarial archive. Before the transfer to the archive of copies of documents, a duplicate of the lost document is issued by a notary who has certified such a document.
Only the owner can obtain a duplicate of the certificate of ownership of real estate.
There are cases when the duplicate of lost legal documents is not possible due to various reasons. In this case, the option to solve the problem is to file a lawsuit claiming the title to the property or establishing a legal fact. The court decision becomes a legal document.
At the final stage, a duplicate of the title document is registered in the State Register of Rights to Real Estate.
According to paragraph 53 of the Procedure for state registration of real rights to real estate and their encumbrances, approved by the Decree of the CMU dated December 25, 2015, No. 1127, for state registration of ownership rights and other real rights to land, property rights to real estate, registration which were conducted before January 1, 2013 in accordance with the legislation in force at the time of their occurrence, in connection with the loss, damage or damage to the relevant state act of ownership or permanent use of the land plot, the certificate of rights ownership of real property serving
1) a copy of a copy of the lost, damaged or damaged state act, certificate of title to real estate;
2) the announcement of the loss of a document in the printed mass media of the national sphere of distribution or of the local or regional sphere of distribution at the location of immovable property, which should include the name of the document, its number and date of issue, on whose behalf it is issued, by which authority (except cases of damage or damage to the document).
State registration of rights in the case provided for by this clause is conducted only if the state registrar establishes the existence of registered real rights in information systems, the state registration of which was carried out before January 1, 2013, or on paper carriers of information which was carried out by enterprises of the technical bureau inventory
Posted by Nikolai Baranovsky