REGULAR AMENDMENTS TO LEGISLATION RELATING TO THE AREAS OF STATE REGISTRATION

 In recent years, state registration has undergone many changes. Again, lawmakers plan to make certain additions and clarifications to the documents governing relations in the field of state registration. The relevant bill has already been registered with the Verkhovna Rada.

 The Draft Legislative Act “On Amendments to Certain Laws of Ukraine in Relation to the Streamlining of Activities in the Field of State Registration of Real Property Rights and Their Burdens and in the State Registration of Legal Entities, Entrepreneurs and Public Formations” contains rules that other legislative acts are regulated and supplemented. If this Law is successfully adopted, a number of other Laws will be affected by the amendments. In particular, some amendments to the Law of Ukraine “On State Registration of Real Property Rights and Burdens”, as well as the Law of Ukraine “On State Registration of Legal Entities, Entrepreneurs and Public Formations” can be expected.

 The bill, which is registered, provides for a number of innovations. Among other things, it is proposed to exclude district state administrations from the list of entities that will be subject to state registration. And their powers regarding registration actions for real rights to real estate and business will be transferred to the territorial units of the Ministry of Justice.

 Among the powers conferred on the Ministry of Justice's bodies may include the conduct of registration actions resulting from court decisions. And for state registration, if the applicant submits the documents in electronic form.

 This bill stipulates that citizens and legal entities that submit relevant applications and documents to them electronically can submit documents anywhere, regardless of their place of residence or stay. The draft law promises to process such documents in the shortest possible time and with minimal resources.

 Legislators state that the adoption of this Law is in line with the Concept of eGovernment in Ukraine and should help to reduce cases of raiding.

 Due to the fact that the composition of the subjects, which carried out the state registration and kept the registration cases, changes, the responsibility for forming and storing such cases will now be entrusted to the respective territorial divisions of the Ministry of Justice.

 From now on, the principle of extraterritorial state registration of real estate, which is located on the territory of the temporarily occupied eastern regions, the Autonomous Republic of Crimea and the city of Sevastopol, will be legally enshrined.

 In order to implement an effective model for registration, the bill provides for innovations that address the prevention of raiding. This includes the entry in the State Register of Real Property Rights of real estate information previously recorded in paper form. This is true of the information provided on these media prior to January 2013.

 For the representative of the person applying for registration actions, the mechanism of appeal is simplified. In particular, it will no longer be necessary for a representative of the power of attorney, certified by a notary, but only in cases when registration actions are taken for local governments or state bodies.

 This Law proposes to exclude Art. 34 and Art. 37 of the Law of Ukraine “On State Registration of Legal Entities, Entrepreneurs and Entities”. These articles regulate the procedure for appealing decisions in the field of state registration to the Ministry of Justice.

 This provision is proposed for the implementation of Presidential Decree No837. According to this Decree, the Ministry of Justice is deprived of the power to make decisions concerning the abolition of registration actions in the field of state registration. Appeal can only be in court. This provision of the Law shall enter into force on January 1, 2022.