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Unfortunately, the interaction with the state registrar is not always constructive and corresponds to the essence of his professional activity in providing administrative services to legal entities and individuals. In most cases, the question arises: how to appeal the actions of the state registrar. In this article, Prykhodko and Partners lawyers will provide an active action algorithm for effective interaction with state registrars.
What are the functions of the state registrar?
Part 1 of Article 6 of the Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs and Public Organizations” stipulates that the state registrar can be a citizen of Ukraine with a higher education. The person of the state registrar must meet all the qualification requirements defined by the Ministry of Justice of Ukraine. The state registrar is in labor relations with the subjects of state registration.
The main task of the state registrar is to ensure the implementation of the powers of local self-government bodies and state policy in the field of state registration of legal entities and individual entrepreneurs. Therefore, the state registrar carries out the state registration of property rights to immovable property and their encumbrances.
Ways of challenging the actions of the state registrar
Currently, in Ukraine, there are 2 ways of appealing the actions/decisions/inaction of state registrars:
In this case, it is necessary to prepare an appeal to the territorial body of the Ministry of Justice of Ukraine.
It provides for the preparation and submission of a lawsuit to the court.
As for the property rights mechanism itself, it is chosen by the complainant himself. However, there are situations when a person can use only the 2nd way of contesting the actions of the state registrar. For example, this applies to situations where a person learned about a possible violation of his rights more than 60 days after the relevant decision was issued.
In such disputes, the proper defendant is the person whose property and property rights are to be challenged. The participation of the state registrar in such a dispute as a co-defendant corresponds to its private nature.
If it is impossible to apply administrative appeal tools, one must choose the right strategy for protecting one’s rights.
Assistance of professional lawyers in challenging the actions of the state registrar
After the applicant receives an illegal decision of the state registrar, the following question usually arises before him – how to appeal the actions of the state registrar. It is difficult enough to do it yourself. It is better to use the help of professional lawyers. Prykhodko and Partners specialists are ready to provide you with professional legal assistance in the matter of challenging the actions of the state registrar. We will prepare and submit all necessary documents to the Ministry of Justice. You can even have no doubts about the quality and efficiency of solving any issue!
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for challenging the actions of the state registrar, fill out the form below.