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To appeal the decision of the state registrar – term and procedure of appeal

Lawyer of real estate, construction and land law

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Unfortunately, the interaction with the state registrar is not always constructive or corresponds to the essence of its activity in providing administrative services to legal entities and individuals. In this article, we will consider the term and procedure for appealing the decision of the state registrar.

The state registrar is a citizen of Ukraine who has a higher education profile and meets all the qualification requirements specified by the Ministry of Justice of Ukraine. The state registrar is in labor relations with the subject of state registration. If you want to appeal the decisions made by the state registrar, PRIKHODKO & PARTNERS specialists will help you with this.

What actions of the state registrar can be appealed?

The subject of the dispute can be not only the decisions and actions of the state registrar as an entity endowed with the functions of power and management, but also the renewal of a person’s ownership right to immovable property. In this case, the basis of the lawsuit will be the justification of the real right to the property. Thus, the private law character of disputed legal relations is formed. The implementation of such protection by the court depends on who exactly has the right to use the disputed real estate.

In the event of subpoenas arising as a result of the state registrar’s performance of his managerial and public authority functions, violation of the requirements of the Law on State Registration, PRIKHODKO & PARTNERS attorneys turn to the administrative court.

Thus, you can file a complaint against:

  • Decisions/actions/inaction of the state registrar.
  • Actions/inaction of subjects of state registration.

The term of appeal is 30 calendar days from the date of the state registrar’s adoption of the contested decision. Important: in cases where the review and further resolution of the complaint require additional verification, the Ministry of Justice may set other deadlines for review and resolution of the complaint. At the same time, the total period of consideration and resolution of the complaint does not exceed 45 calendar days.

Based on the results of the complaint consideration, a decision may be made on:

  1. Refusal of the complaint.
  2. Partial or full satisfaction of the complaint.

If a decision is made to satisfy the complaint, the following occurs:

  • Cancellation of registration action.
  • Repeated state registration.
  • Correction of technical errors made by the state registrar.
  • Cancellation of the state registrar’s access to the Unified State Register

Assistance of professional lawyers in appealing the decision of the state registrar

Thus, the filing of a complaint against the decision of the state registrar is carried out in accordance with the Law of Ukraine “On Appeals of Citizens”. After consideration of the complaint, an order is issued with a reasoned decision on satisfaction of the complaint/refusal to satisfy it.

It is quite difficult to appeal the decision of the state registrar on your own. It is better to use the help of real professionals – PRIKHODKO & PARTNERS lawyers.

We are waiting for consultations! To calculate the price of legal services for appealing the decisions of the state registrar, fill out the form below.

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