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IMPLEMENTATION OF COMPULSORY FIXING BY TECHNICAL MEANS OF THE PROCESS OF REGISTRATION ACTION IN THE STATE REGISTER OF REMOVAL RIGHTS

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IMPLEMENTATION OF COMPULSORY FIXING BY TECHNICAL MEANS OF THE PROCESS OF REGISTRATION ACTION IN THE STATE REGISTER OF REMOVAL RIGHTS

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Member of Parliament S. Kivalov proposes to protect the rights of the owners of real estate from raider seizures and to prevent raiding activities by introducing mandatory fixing by technical means (audio and video fixation) of the process of registration actions in the State Register of Real Estate Rights.

The corresponding draft No. 10281 "On Amendments to Certain Legislative Acts of Ukraine on Securing the Right to Ownership of Real Estate and Preventing Raiders" was registered in Parliament on 13 May.

He proposes to amend the Law of Ukraine "On State Registration of Real Property Rights to Real Estate". These include:

- on obligatory entering of materials of full recording of the process of carrying out registration actions by means of video recording equipment in the State Register of Rights; their inclusion in the registration business;

- establishment of a temporary ban on alienation of the real estate object, which raises doubts about the authenticity of the submitted documents, and temporary blocking of the state registrar in the State Register of Rights;

- in case of violation of the state registration procedure for the first time by state registrars, authorized persons of subjects of state registration of rights, the Ministry of Justice will take measures to cancel accreditation of the subject of state registration of rights.

The bill proposes to fix at the legislative level the definition of the term "raider activity" - the activity of the state registrar, aimed at the illegal transfer of ownership of real estate, committed on the basis of deliberately false documents or in the absence of documents on the basis of which claimed real rights. It also establishes that raiding activity is the basis for bringing subjects of state registration of rights to criminal liability in the manner prescribed by law.

In addition, the bill envisages strengthening of criminal and administrative responsibility for entering false information in the State Register of Real Estate Rights and failing to enter into the State Register of Real Estate Rights of materials the mandatory fixing of the process of granting consent for entering information in the State Register of Real Estate Rights property by means of sound and video recording equipment.

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