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Perepelchenko Anatolii

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Deputy Chief Anatoliy Perepelchenko on appealing the decisions of state registrars

CURRENTLY IN UKRAINE THERE IS A TWO-LEVEL PROCEDURE FOR ADMINISTRATIVE APPEAL OF DECISIONS OF STATE REGISTERS.

It should be noted that a complaint is a request to restore the rights and protect the legitimate interests of citizens violated by actions (inaction), decisions of state bodies, local governments, enterprises, institutions, organizations, associations of citizens, officials (Article 3 Law of Ukraine “On Citizens’ Appeals”).

A person who believes that his rights in the field of state registration have been violated may appeal against the decision, action or inaction of the state registrar, the subject of state registration of rights to the Ministry of Justice of Ukraine (hereinafter – the Ministry of Justice), its territorial body or court.

The procedure for reviewing complaints against decisions, actions or omissions of the state registrar, subjects of state registration of rights, territorial bodies of the Ministry of Justice is determined by the Procedure for reviewing complaints in the field of state registration, approved by the Cabinet of Ministers of Ukraine dated December 25, 2015 № 1128 (hereinafter – the Procedure) . In accordance with paragraph 2 of the Procedure, to ensure the review of complaints by the subject of complaints, permanent commissions for review of complaints in the field of state registration are formed.

Complaints are considered on the application of a person who believes that his rights have been violated, which is submitted exclusively in writing and must contain mandatory information provided by the Law of Ukraine “On State Registration of Real Property Rights and Encumbrances” of July 1, 2004. № 1952-IV (hereinafter – the Law № 1952-IV) and the Law of Ukraine “On State Registration of Legal Entities, Individuals – Entrepreneurs and Public Associations” of May 15, 2003 № 755-IV (hereinafter – the Law № 755-IV), as well as information about the desire of the complainant and / or his representative to participate in the consideration of the complaint on the merits and about one of the ways specified in paragraph 10 of the Procedure, in which the complainant wishes to be notified of this review (paragraph 3 of the Procedure).

In addition to ensuring the consideration of complaints, the Commission is called upon to assist the parties in determining the correct way of practical application of the provisions of the legislation, in particular Law № 1952-IV and Law № 755-IV.

In the field of state registration of real rights to immovable property, decisions, actions or omissions of the state registrar, the subject of state registration of rights may be appealed to the Ministry of Justice, its territorial bodies or to the court.

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