Appeals against decisions of state registrars, subjects of state registration

At present, there is a two-tier administrative procedure for appeals against decisions of state registrars in Ukraine.
It should be noted separately that the complaint is a petition requesting the renewal of rights and protection of the legitimate interests of citizens violated by actions (inaction), decisions of state bodies, bodies of local self-government, enterprises, institutions, organizations, associations of citizens, officials (Article 3 Law of Ukraine "On Citizens' Appeal").

A person who believes that his or her rights in the field of state registration have been violated may appeal the decision, action or inaction of the state registrar, the subject of state registration of rights to the Ministry of Justice of Ukraine (hereinafter - the Ministry of Justice), his territorial office or to a court.

The procedure for reviewing complaints regarding decisions, actions or omissions of the state registrar, subjects of state registration of rights, territorial bodies of the Ministry of Justice is determined by the Procedure for reviewing complaints in the field of state registration, approved by the Resolution of the Cabinet of Ministers of Ukraine dated December 25, 2015, No. 1128 (hereinafter - the Procedure) . In accordance with paragraph 2 of the Procedure, for the purpose of ensuring the consideration of complaints by the subject of complaints processing, standing commissions are established on issues of consideration of complaints in the field of state registration.

The consideration of complaints is made on the request of the person who considers that his rights are violated, which is submitted exclusively in writing and must contain mandatory information provided by the Law of Ukraine "On State Registration of Real Rights to Real Estate and Encumbrances" of July 1, 2004 No. 452-IV (hereinafter referred to as the Law No. 1952-IV) and the Law of Ukraine "On State Registration of Legal Entities, Individuals - Entrepreneurs and Public Formations" of May 15, 2003 No. 755-IV (hereinafter referred to as the Law No. 755-IV); as well as information about the wishes of the complainant and / or his representative to take part in considering a respective complaint in substance and about one of the methods specified in paragraph 10 of the Procedure in which the complainant wishes to receive notification of the specified consideration (paragraph 3 of the Procedure).

In addition to ensuring the consideration of complaints, the Commission is called upon to assist participants in the determination of the correct way of practical application of the provisions of the law, in particular Law No. 1952-IV and Law No. 755-IV.

In the field of state registration of real rights to real estate, decisions, actions or omissions of the state registrar, the subject of state registration of rights may be appealed to the Ministry of Justice, its territorial bodies or the court.

The Ministry of Justice is considering complaints against:

the decision of the state registrar about the state registration of rights (except when such a right is acquired on the basis of a court decision, as well as when there is a litigation concerning immovable property);
decision, action or inactivity of the territorial authority of the Ministry of Justice.
Territorial bodies of the Ministry of Justice consider complaints against:

on the decision (in addition to the decision on the state registration of rights), actions or inactivity of the state registrar;
actions or inactivity of the subjects of state registration of rights.
In the field of state registration of business, decisions, actions or omissions of the state registrar, the subject of state registration of rights may also be appealed to the Ministry of Justice, its territorial bodies or the court.

The Ministry of Justice is considering complaints against:

the decision of the state registrar about the state registration of rights (except when such a right is acquired on the basis of a court decision, as well as when there is a litigation concerning immovable property);
decision, action or inactivity of the territorial authority of the Ministry of Justice.
Territorial bodies of the Ministry of Justice consider complaints against:

on the decision (in addition to the decision on the state registration of rights), actions or inactivity of the state registrar;
actions or inactivity of the subjects of state registration of rights.
In the field of state registration of business, decisions, actions or omissions of the state registrar, the subject of state registration of rights may also be appealed to the Ministry of Justice, its territorial bodies or the court.

The Ministry of Justice is considering complaints:

on registration held by the state registrar (except for those executed on the basis of a court decision);
on the decision, action or inaction of the territorial authority of the Ministry of Justice.
Territorial bodies of the Ministry of Justice consider complaints:

on the decision (in addition to the decisions, according to which the registration action was taken), actions or inactivity of the state registrar;
on actions or inactivity of state registration entities.
Time limits for appeal and review

According to Clause 4 of the Procedure, complaints are dealt with within the timeframes established by Article 20 of the Law of Ukraine "On Citizens' Appeal", namely:

- decisions, actions or inactivity of the state registrar, the subject of the state registration can be appealed within 30 calendar days from the day of the decision, or from the moment when the person has learned or could find out about violation of his rights;

- decisions, actions or inactivity of territorial bodies of the Ministry of Justice can be appealed within 15 calendar days.

If consideration and resolution of the complaint require verification of the activities of the state registrar, the subject of the state registration, as well as the involvement of the complainant or other persons, the Ministry of Justice and its territorial bodies may extend the time limit for consideration and resolution of the complaint by notifying the complainant thereof. In this case, the total period of consideration and resolution of the complaint can not exceed 45 calendar days.

The fees for submitting such complaints are not provided for by Laws No. 1952-IV and No 755-IV.

A person who believes that his or her rights have been violated shall send a complaint by post or submit it directly to the Ministry of Justice secretariat or to the Chief Regional Office of Justice.

In accordance with Article 34 (4) of Law No. 755-IV and part 4 of Article 37 of Law No. 1952-IV, filing a complaint is the day of its actual receipt, and in the case of sending by mail, the date of receipt by the post office. If the last day for filing a complaint falls on a weekend or a holiday, it will be postponed to the next working day.

Requirements for a complaint against a decision, action or inaction of a state registrar, a subject of state registration of rights or a territorial body:

In the field of state registration of property, a complaint is filed in writing and must include:
the full name (name) of the complainant, his place of residence or stay (for individuals) or the location (for legal entities), as well as the name (name) of the complainant's representative if the complaint is filed by the representative;
details of the decision of the state registrar appealed;
the content of the impugned decision, actions or inaction and the rules of law that are violated, in the opinion of the complainant;
setting out the circumstances in which the complainant substantiates his claims;
certified copies of documents confirming the violation of the rights of the complainant as a result of the decision on the state registration of rights in the established procedure (in case of filing a complaint against a decision on state registration of rights);
the signature of the complainant or his representative stating the date of the complaint.
In the field of state registration of business, a complaint is filed in writing and must contain:
the full name (name) of the complainant, his place of residence or stay (for individuals) or the location (for legal entities), as well as the name (name) of the complainant's representative if the complaint is filed by the representative;
the content of the contested decision, actions or inaction and the rules of law, are violated in the opinion of the complainant;
setting out the circumstances in which the complainant substantiates his claims;
signature of the complainant or his representative stating the date of the complaint.
Paragraph 3 of clause 5 of Article 37 of Law No. 1952-IV and paragraph 3 of Part 5 of Article 34 of Law No. 755-IV stipulates: if a complaint is filed by a representative of the complainant, a power of attorney or other document confirming his authority is attached to it, or a copy of such document certified in the established order.

A complaint against a decision on the state registration of rights is considered solely on condition that it is filed by a person who can confirm the violation of his rights as a result of such a decision (Part 5 of Article 37 of Law No. 1952-IV).

The Ministry of Justice and its territorial bodies refuse to comply with a complaint if:

As a result of consideration of complaints, the Ministry of Justice and its territorial bodies make decisions:

The refusal to satisfy the complaint without considering it in substance;
Satisfaction (full or partial) of the complaint by deciding on:
- cancellation of the decision to refuse the state registration of rights and conduct state registration of rights (Law No. 1952-IV);

- State registration - in case of appeal of refusal to state registration (Law No. 755-IV);

- making changes to the records of the State Register of Rights and correcting the mistake made by the state registrar;

- temporary blocking of access of the state registrar to the Uniform State Register / State Register of Rights;

- bringing to a disciplinary responsibility an official of a territorial unit of the Ministry of Justice (Law No. 1952-IV).

Decisions taken exclusively by the Ministry of Justice:

cancellation of registration - in case of appeal of registration action (Law No. 755IV);
Cancellation of the decision on the state registration of rights (Law No. 1952-IV);
cancellation of the access of a state registrar to the Unified State Register / State Register of Rights;
cancellation of the accreditation of a state registration entity;
submission of a submission regarding the cancellation of the certificate of the right to engage in notarial activities to the High Qualifications Commission of the notary under the Ministry of Justice (Law No. 755-IV).