PECULIARITIES OF CONDUCTING REGISTRATION ACTIONS ON THE BASIS OF COURT DECISIONS

According to Art. 31-1 of the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances" registration actions on the basis of court decisions are carried out solely on the basis of decisions obtained as a result of information interaction of the State Register of Rights and the Unified State Register of Court Decisions. 

State Judicial Administration of Ukraine on the day of entry into force of a court decision providing for the acquisition, change or termination of real rights to immovable property, encumbrances of such rights, amendments to the records of the State Register of Rights, suspension of registration, entry of cancellation or cancellation decision of the state registrar, ensures the transfer to the State Register of Rights a copy of such a court decision.

The state registrar, who is in an employment relationship with the subject of state registration of rights, providing storage of registration cases in paper form, at the location of the property on the day of receipt of the court decision forms and registers the necessary application or registers a court decision prohibiting related to the state registration of rights, or a court decision to revoke the relevant court decision.

Carrying out registration actions on the basis of court decisions is carried out in the manner and terms provided by this Law, without collecting an administrative fee.

The state registrar of rights must check the existence of such a decision in the Unified State Register of Court Decisions and its compliance with documentary information and details.

In the absence of a court decision in the Unified State Register of Judgments, the state registrar of rights to immovable property shall request a copy of such a court decision, certified in the prescribed manner, from the relevant court. Sending a request to the court to obtain a copy of the court decision is grounds for suspending the consideration of the application for state registration of real rights to immovable property and their encumbrances.