Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Cancellation of the decision of the state registrar
Decisions in the field of state registration may be appealed if there are grounds to consider them unlawful or if there are problems with real estate documents (in particular, their invalidity). This legal mechanism is enshrined in Article 37 of the Law of Ukraine No. 1952-IV and allows you to correct errors, prevent fraudulent actions, or appeal unlawful decisions of the state registrar.
What decisions of the state registrar can be canceled?
The decisions of the state registrar on the registration of real rights to real estate and their encumbrances or actions on unauthorized use of the state registrar’s access identifiers to the register are subject to appeal. Special attention is also paid to the appeal of those decisions that concern the application of certain types of sanctions. The Ministry of Justice may recognize the decision as having been made in violation of current national legislation if one of the following grounds is present:
- first, violation of the general principles of state registration (Article 3 of the Law of Ukraine No. 1952-IV);
- second, the presence of grounds for leaving the application for registration without action (in particular, the absence of title documents for the real estate object);
- third, the decision was made contrary to the sanctions applied to the person.
Ways to cancel the decision of the state registrar
Administrative procedure
The specified procedure is initiated by filing a complaint with the anti-raider commission under the Ministry of Justice. It has the authority to verify the compliance of the actions of the state registrar with the legislation and to make motivated decisions. The commission (board) makes one of the following decisions:
- satisfaction of the complaint;
- refusal to satisfy the complaint;
- leaving the complaint without consideration on the merits.
It is worth dwelling in more detail on the latter. In particular, the Ministry of Justice leaves the complaint without consideration on the merits if the deadline for submission has been missed, legal proceedings have already been opened or the decision of the state registrar was made before January 1, 2016.
Court procedure
Applying to court will be appropriate in the event of exhaustion of the administrative appeal procedure, the need to establish legal facts (for example, on forgery of documents) or the complexity of the issue in general. Cancellation can take place in civil or commercial proceedings depending on the status of the parties to the dispute. The general algorithm of actions includes preparing a statement of claim for cancellation of state registration, submitting it to the court, court consideration and adoption of a final court decision.
Important to know! Missing the deadline for filing a claim with the court without good reason may lead to a refusal to consider it. To be sure of the correctness of your actions and to monitor the deadlines provided by law, we recommend that you contact our specialist for appropriate legal support.
Complaint against the actions of the state registrar
What is the deadline for filing a complaint?
A complaint must be filed within two months from the date on which the person learned or could have learned about the violation of his or her rights. Even if the complaint is not physically received by the review body on the last day of the deadline, it is not considered missed if the complaint was sent by mail or other means of communication (e-mail) before its expiration.
What requirements must a complaint against the actions of the state registrar meet?
In order for a complaint to be considered, it must:
- first, contain information about the complainant’s identity, details of the contested decision, justification for the violation of rights, and the complainant’s claims;
- second, provide evidence of the validity of the reasons for violating the deadline for its submission (if necessary);
- third, contain supporting documentation (the contested decision, the representative’s power of attorney, other documents confirming the claims);
- fourth, contain the person’s personal identification number (if submitted by electronic means of communication).
Legal support for the cancellation of the decision of the state registrar from the Law Firm “Prikhodko and Partners”
Qualified legal support is necessary for the effective protection of your rights. To cancel the decision of the state registrar, our real estate lawyers offer their professional services, including:
- primary legal consultation;
- legal analysis of documents;
- professional preparation of documents for cancellation (both administratively and in court);
- representation of the client’s interests in the anti-raider commission or court;
- challenging court decisions in appeal or cassation (if necessary).
“Prikhodko and Partners” lawyers have in-depth knowledge of the legislation, judicial practice and have relevant experience in successfully resolving complex cases in the field of cancellation of decisions of state registrars. The client does not need to independently study complex legal nuances, since our specialists can save a large amount of their time and resources. Specialists will develop a defense strategy taking into account the unique circumstances of the case and provide legal support at all stages of the process.
Get a reliable assistant to cancel the decision of the state registrar today! To find out the cost of our lawyer’s services – fill out the form below.
Calculate the cost of services
1 question
Were other lawyers handling your case?
2 question
Are you in Kyiv or Kyiv region?
3 question
Do you need legal assistance urgently?
In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
You may also need:
A statement of claim for the recognition of the right of ownership
Read more
A statement of claim for the recognition of the right of ownership of self-construction
Read more
Land ownership registration
Read more
Certificate from BTI on ownership
Read more
To appeal the decision of the state registrar – term and procedure of appeal
Read more
A claim for recognition of ownership of a house/apartment/real estate
Read morecall back
during the day
Telegram
Viber
WhatsApp
Facebook
Instagram