IT WAS ALLOWED TO REGISTER REAL ESTATE IN THE TEMPORARILY OCCUPIED TERRITORIES IN UKRAINE

Real estate, which is located in the temporarily occupied territories, becomes a painful topic for those who were especially affected by the war and affected their property status or forced them to leave their homes. The Ministry of Justice of Ukraine has prepared and promulgated the Order, which has already entered into force and regulates real estate issues in the temporarily occupied territories. Let's take a closer look at what exactly it entails. This is Order No. 3642/5 dated August 30, 2022.

What changes did the order introduce

From the last day of August 2022 until the end of one month from the end or cancellation of martial law, it was allowed to register property rights and other real rights to real estate located in the Autonomous Republic of Crimea and the city of Sevastopol, as well as the occupied areas of Donetsk, Luhansk, Kharkiv, Kherson , Nikolaev and Zaporozhye regions.

What contracts can now be concluded in relation to such real estate?

These are agreements such as:

• exchange;
• purchase and sale;
• donation.

Thus, a fairly wide range of transactions is envisaged, which will expand the opportunities for right holders in the context of possession, use and legal disposal of their property.

Who can certify such contracts?

Only notaries who have been included in a special List can certify contracts. It lists specialists who have the authority under martial law to perform notarial acts on real estate. This is a very important aspect, since the Ministry of Justice has so protected the sphere from abuses and actions of unscrupulous specialists.

What other important actions did the Order allow?

In addition to real estate, there were a number of other important issues raised by this Order. In particular, we are talking about the registration of public formations and legal entities that are located in the already mentioned territories. You can register such cells regardless of location.

The Order also provides for some changes regarding the registration of religious communities located in Kyiv and the Kyiv region. It is envisaged that registration actions will be carried out by authorized entities of Kyiv and the region.

Drawing a line...

The normative-legal act of the Ministry of Justice has settled some important issues in various areas of public life. In particular, the topic of real estate located in the occupied territories was indeed relevant and was waiting for legislative coverage. Now it will be easier for owners to exchange, buy and sell and donate. And the fact that only a circle of specialists tested and approved by the Ministry of Justice is involved in this process protects against manipulation and abuse.