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  • Article REVIEW OF THE DECISIONS OF THE ANTI-RAIDER COMMISSION BASED ON THE RESULTS OF THE REVIEW OF COMPLAINTS IN NOVEMBER 2021 IN THE FIELD OF REAL ESTATE

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REVIEW OF THE DECISIONS OF THE ANTI-RAIDER COMMISSION BASED ON THE RESULTS OF THE REVIEW OF COMPLAINTS IN NOVEMBER 2021 IN THE FIELD OF REAL ESTATE

In November 2021, the State Registration Complaints Board under the Ministry of Justice (the so-called Anti-Raider Commission) reviewed more than 370 complaints. This is almost in line with the commitment made by Justice Minister Denis Malyuska a year and a half ago (he talked about plans to review at least 100 complaints a week).

Basic generalizations

The archive of decisions of the anti-raider commission for November contains 378 items. Of these, 5 relate to changes to previous decisions. 78 decisions of the complaint were satisfied: 49 – in full, the rest – in part. In 295 cases, decisions were made to refuse to satisfy complaints.

The vast majority of complaints, over 90%, concern registration actions in the State Register of Real Property Rights. Business (State Register of Legal Entities, Individual Entrepreneurs and Public Associations) concerns only a small part of complaints.

According to statistics, the commission in November satisfied only a little more than 20% of complaints. Instead, between January 16 and December 29, 2020, the Board considered 2,694 complaints, in 1,104 cases the complainants’ claims were satisfied. Thus, there is a tendency to increase the number of rejections of complainants.

Reasons for failures:

  • decisions of the state. registrar / notary complies with the law;
  • the statutory deadline for filing a complaint has expired;
  • the complaint was filed without complying with the established requirements;
  • the complainant did not confirm the fact of violation of his rights due to the adoption of the contested decision;
  • there is already a decision of the Ministry of Justice on the same issue;
  • Existing litigation related to a dispute between the same parties on the same subject, on the same grounds;
  • Consideration of issues raised in the complaint is not within the competence of the Ministry of Justice.

Instead, in the case of satisfaction of complaints in certain circumstances, the issues of state responsibility were touched upon. registrar / notary.

In particular, we are talking about:

a) temporary blocking of access to the register for a period of 1 to 3 months;
b) revocation of such access;
c) submission to the High Qualification Commission of Notaries under the Ministry of Justice regarding the revocation of the certificate of the right to engage in notarial activities.

The most resonant review of November

Without any hesitation, this decision (order) №3903 / 5 of 1.11, concerning the so-called “transformer case” – a raider seizure of two transformer substations RP-13 and TP-913 in the city of Irpin entrepreneur Peshim OV

This case was reported in the media and on social networks. In September 2021, Peshiy OV filed by the state. Oleksiy Vitaliyovych Gavrylenko, registrar of the Pirniv Village Council, knowingly unreliable data on the basis of which entries were made in the register of ownership of electric substations. Realizing that these records will most likely be canceled, Peshiy OV re-registered the substation in a mortgage to his 78-year-old grandfather Tolkushov VF

In the end, the decision of the state. registrar Gavrilenko Alexei Vitalievich were canceled. Moreover, this registrar was denied access to the registry.

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