PROCEDURE FOR APPEALS AGAINST THE ACTIONS OF STATE REGISTERS TO THE BOARD ON COMPLAINTS OF THE MINISTRY OF JUSTICE

There are about 6,000 notaries in Ukraine (more than 700 - public, the rest - private) and more than 1,500 state registrars. A certain number of decisions, actions and cases of inaction of state registrars violate the legitimate rights and interests of citizens and legal entities.

In recent years, the Ministry of Justice has taken a course to "clean up" the sphere of state registration from the so-called black and gray notaries. Since January 1, 2016, as an integral part of the Office of counteraction to raiding, the Board for reviewing complaints in the sphere of state registration - real property rights to real estate and business began to work.

Practice shows: with a competently drafted complaint and a well-founded legal position, there is a good chance that the claims of the complainant will be satisfied by the Collegium of the Ministry of Justice. Therefore, it is important for the complainant to obtain the support of an experienced lawyer, in particular - a specialist of Prikhodko & Partners law firm.

The powers of the Board

The activity of the Collegium is based on:

• Law №1952-IV "About State Registration of Rights to Immovable Property and Encumbrances" of July 1, 2004;
• Procedure № 1127 approved by the Cabinet of Ministers on 25 December 2015;
• Procedure № 1128, approved by the Cabinet of Ministers on December 25, 2015.

Important: The Board received authority from January 1, 2016. If the registration was carried out before the date, the competence of the Collegium does not apply to it.

Submitting complaints to the Collegium of the Ministry of Justice is an administrative way of appealing the decisions/actions/inaction of state registrars. This entity does not review title complaints if:

• the right is acquired through a court decision;
• the judicial dispute is still pending.

Contents of the complaint

According to statistics from previous years, 48% of the rejections of complaints were based on the fact that the state registrars acted in accordance with the law. 22% of the complaints were rejected on the grounds that the complainant did not confirm the violation of his rights.

Intermediate conclusion: you need to analyze as carefully as possible and properly formulate the grounds in the complaint.

Mandatory information in the complaint:

• details of the complainant;
• details of the appealed decision;
• the content of the decision, indicating the rules of law, which may be violated;
• substantiation of the complainant's claims;
• confirmation of the absence of judicial dispute on the complained matter.

Copies of the documents confirming the fact of violation of law should be added to the complaint. If the interests of the complainant are represented by a lawyer, a power of attorney should be added to confirm his/her authority.

Deadlines for filing and considering the complaint

An important point in the procedure of appealing to the Ministry of Justice is observance of deadlines:

• A complaint may be filed 60 days from the decision to be appealed.
• The date of submission is the day when this document is received by the Ministry of Justice.
• The complaint may not be considered for more than 45 days.
• The decision will be sent to the complainant within 3 working days of the decision.
• The decision is to be executed not later than the next working day after it has been made.

For your information! Complainants/their representatives, the State Registrar and other interested persons may attend the meeting of the Panel. Announcements about the dates of consideration of specific complaints are posted on the website of the Ministry of Justice, and subsequently - copies of decisions on the results of consideration.