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Chernikov Dmitry

Specializes in criminal, civil and administrative law, recalculation of military pensions

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PECULIARITIES OF STATE REGISTRATION DURING MARTIME

As a result of the full-scale invasion of the Russian Federation into Ukraine, there were risks of illegal disclosure, dissemination of personal data of Ukrainian citizens and foreigners, data on their property stored in registers of real property rights and legal entities, individuals – entrepreneurs and civic groups. In particular, there were risks of illegal alienation of real estate, raider seizure of legal entities. Due to the outbreak of war, martial law was imposed throughout the country. This regime restricts the rights and freedoms of both residents and non-residents. In particular, these restrictions apply to the state registration of real rights to immovable property and legal entities.

The issue of peculiarities of state registration during martial law is regulated by the Resolution of the Cabinet of Ministers of March 6, 2022 № 209 “Some issues of state registration and functioning of unified and state registers held by the Ministry of Justice under martial law”.

What are the features at the moment?

  • First, state registration, which is carried out on the basis of notarized documents or notarized signatures, is carried out only by those notaries who carried out the above certificate. The exception is the transfer of relevant applications / documents to another notary by the territorial body of the Ministry of Justice.
  • Secondly, it is prohibited to register the right of ownership, in connection with the conclusion of agreements on the alienation of immovable property, the establishment of trust ownership of immovable property, if such agreements are concluded on behalf of a natural person – the alienator on the basis of power of attorney.
  • Third, if less than a month has passed since the previous state registration of immovable property, it is prohibited to register the ownership of such property. Exceptions are the acquisition of property by inheritance and registration in connection with the determination of shares in the right of joint joint ownership.
  • Fourth, it is currently not possible to register the right of ownership as a result of the contribution of property as a contribution to the authorized capital of a legal entity, including in connection with the transfer of property to individuals and legal entities that left the founders.
  • Fifth, it is prohibited to register changes in relation to a legal entity on the basis of agreements on alienation of corporate rights or acts of acceptance-transfer of shares in the authorized capital, concluded on behalf of the alienator – an individual on the basis of power of attorney.

As we can see, the rights of individuals to register / enter information on the right of ownership of real estate, including corporate rights, information on legal entities, etc. are significantly limited.

These difficulties in registration, and in some cases the impossibility of state registration, create significant obstacles to doing business. This issue is most relevant for enterprises registered in the occupied territories and areas of active hostilities.

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