Deputy Head of Prykhodko & Partners Law Firm on Appealing Decisions of the State Registrar
Article 10 of the Law establishes the obligation of the state registrar to use information from the State Land Cadastre and the Unified Register of Documents, as well as to use information obtained through information interaction of the State Register of Rights with the Unified State Register of Judgments (hereinafter – USSR).
In accordance with subparagraph 1 of paragraph 2 of section II “Final and transitional provisions of the Law of Ukraine dated 06.10.2016 № 1666-VIII” On amendments to certain legislative acts of Ukraine to improve state registration of real estate rights and protection of property rights “to introduce information interaction between The State Register of Rights and the USSR, provided by law, as well as in the case of registration actions on the basis of court decisions that have entered into force, until the introduction of appropriate information interaction registration actions on the basis of court decisions are carried out at the request of the applicant.
The State Registrar of Immovable Property Rights in order to establish the acquisition, change or termination of real property rights and their encumbrances on the basis of a court decision must use the information of the USSR through the official web portal of the judiciary of Ukraine on the existence of such a decision in the relevant register. electronic form, compliance of its content in electronic form and paper.
In the absence of a court decision in the USSR, the state registrar of real estate rights requests a copy of such a court decision, certified in the prescribed manner, from the relevant court. Sending a request to the court to obtain a copy of the court decision is grounds for suspending the consideration of the application for state registration of real rights to immovable property and their encumbrances.
As mentioned above, the maintenance of the State Register of Rights provides a documentary reproduction of the procedure of state registration of rights, the State Register of Rights contains documents in electronic form, on the basis of which registration actions were carried out. Since state registration is based on documents and information contained not only in the State Register of Rights, but also in other unified and state registers (in particular, the State Land Cadastre, the Unified Register of Documents, the USSR, which are part of the registration file), the state registrar should add State Register of Rights electronic copies of all documents on the basis of which the decision is made, including verification of information from the unified and state registers of real estate.
If the registrar neglected his duty to verify, for example, the validity of a court decision submitted for state registration and made a decision on registration on the basis of this decision, thereby violating the rights of the property owner, the person whose rights are violated has the right to appeal on the actions of such a registrar.
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