Deputy Chief Anatoliy Perepelchenko on the procedure for reviewing complaints in the field of state registration
Complaints are considered on the application of a person who believes that his rights have been violated, the complaint is submitted only in writing and must contain mandatory information and documents attached to the complaint, as well as information about the desire of the complainant or his representative to participate in the relevant complaints on the merits and on one of the ways in which the complainant wishes to be notified of the said proceedings.
The subject of the complaint in due time, but not later than two days before the day of the complaint on the merits, notifies the time and place of the complaint in one of the following ways: by telephone; by placing an advertisement on the official website of the Ministry of Justice; by e-mail.
It should be noted that the absence of mandatory information in the complaint and the documents attached to the complaint provided by law is not a ground for refusing to register it.
Also, the complainant may withdraw the complaint at any stage of its consideration. In this case, the complaint remains without consideration.
Before considering the complaint on the merits, the commission examines the complaint to establish:
1) whether the consideration of the complaint is referred to the powers of the subject of the complaint;
2) whether the requirements regarding the deadlines for filing a complaint, requirements for its execution or regarding the documents attached to the complaint have been complied with;
3) whether there are (are) other complaints from the subject of the complaint.
In case of violation of the requirements for filing a complaint, requirements for its execution or for the attached documents, the subject of consideration on the basis of the conclusion of the commission makes a reasoned decision to refuse to satisfy the complaint without considering it on the merits in the form of an order.
If the subject of the review of the complaint has other complaints on the issue raised in the complaint, the consideration of such complaints is essentially combined and carried out within the time limits calculated from the moment of registration of the complaint filed earlier.
During the examination of the complaint on the merits, the commission establishes the presence or absence of circumstances substantiating the claims and objections of the complainant specified in the complaint and other circumstances relevant to the objective consideration of the complaint, including by verifying the information contained in the State Register. real rights to immovable property or the Unified State Register of Legal Entities, Individuals – Entrepreneurs and Public Associations and, if necessary, request documents or explanations from the subject of appeal.
When considering the complaint on the merits, the complainant or his representative, the subject of the complaint and other interested persons specified in the complaint or established in accordance with the information of the registers must be invited. The non-arrival of such persons who have been duly notified of the consideration of the complaint, as well as the failure of such persons to receive notifications about the time and place of consideration of the complaint for reasons beyond the control of the subject of the complaint, does not prevent its consideration.
Copies of the complaint and the documents attached to it shall be provided to the persons invited to consider the complaint on the merits, not later than two days before the day of consideration of the complaint on the merits. The subject of the appeal and other interested persons specified in the complaint or established in accordance with the information of the registers have the right to submit written explanations on the merits of the complaint, which must be accepted by the commission for consideration.
Based on the results of the complaint, the subject of the complaint on the basis of the conclusions of the commission makes a reasoned decision to satisfy the complaint or to refuse to satisfy it in the form of an order.
If two or more claims are stated in the complaint, the commission shall provide a legal assessment to each of them, which shall be included in the conclusion of the commission.
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