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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 2, 2023 No. 432

About introduction of amendments to some resolutions of the Cabinet of Ministers of Ukraine in spheres of state registration

The Cabinet of Ministers of Ukraine decides:

1. Bring in resolutions of the Cabinet of Ministers of Ukraine in spheres of state registration the enclosed changes.

2. This resolution becomes effective in 10 days from the date of its official publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 2, 2023 No. 432

Changes which are made to resolutions of the Cabinet of Ministers of Ukraine in spheres of state registration

1. According to the procedure of maintaining the State register of encumbrances of personal estate, No. 830 approved by the resolution of the Cabinet of Ministers of Ukraine of July 5, 2004 (The Official Bulletin of Ukraine, 2004, No. 27, Art. 1770; 2017, No. 47, Art. 1469; 2018, No. 42, Art. 1489, No. 96, Art. 3160, No. 98, Art. 3235; 2021, No. 44, Art. 2684; 2022, No. 45, Art. 2460):

1) in Item 32:

in the paragraph the second words "information and telecommunication" shall be replaced with words "information and communication";

word in paragraph eight "information and telecommunication" shall be replaced with words "information and communication", and words of "the Law of Ukraine" On information security in information and telecommunication systems" - words of "the Law of Ukraine" On information security in information and communication systems";

Item 35 to add 2) with the paragraph of the following content:

"Also state registrars of legal entities, physical persons - entrepreneurs and public forming in connection with accomplishment of the powers determined by the Law of Ukraine" About state registration of legal entities, physical persons by them - entrepreneurs and public forming are exempted from payment for receipt of excerpts from the register ".".

2. According to the procedure of maintaining the State register of the corporeal rights to real estate, No. 1141 approved by the resolution of the Cabinet of Ministers of Ukraine of October 26, 2011 (The Official Bulletin of Ukraine, 2011, No. 86, Art. 3145; 2018, No. 52, Art. 1827; 2019, No. 57, Art. 1967; 2020, No. 44, Art. 1414; 2021, No. 44, Art. 2684, No. 53, Art. 3277, No. 94, Art. 6073; 2022, No. 40, Art. 2166):

1) in Item 1 of the word "about the corporeal rights to real estate, encumbrance of such rights " shall be replaced with words", provided by the Law of Ukraine "About state registration of the corporeal rights to real estate and their encumbrances";

Item 2 to state 2) in the following edition:

"2. The terms used in this Procedure have the following value:

1) the applicant - the physical person who is directly addressing for receipt of administrative service in the field of state registration of the corporeal rights to real estate and their encumbrances (further - state registration of the rights);

2) identification code according to the EGRPOU-identification code of the legal entity in the Unified state register of the companies and organizations of Ukraine;

3) the integral archive component of the state register of the rights - the proprietorship register on real estate, the Unified register of prohibitions of alienation of real estate units, the state register of mortgages and in the case provided by the law, data of the state register of lands;

4) object of the corporeal rights - the parcel of land, the apartment house, the building, construction, and also their separate parts, the apartment, the residential and non-residential premise, object of construction in progress, future real estate object, meliorative network, component of meliorative network.

Other terms in this Procedure are used in the value given in the Law of Ukraine "About state registration of the corporeal rights to real estate and their encumbrances" other regulatory legal acts adopted according to it.";

3) in item 4:

state paragraph two in the following edition:

"1) forming and/or registration of statements in the field of state registration of the rights, including statements of owners for prohibition of making of registration actions, in the database of statements;";

after paragraph two to add Item with the new paragraph of the following content:

"1-1) registration of judgments on prohibition of making of registration actions, judgments on cancellation of the judgment that was the basis for decision making about suspension of carrying out registration actions, judgments on cancellation of prohibition of making of registration actions (further - judgments concerning prohibition (cancellation of prohibition) of making of registration actions) in the database of statements;".

With respect thereto the third-twenty first to consider paragraphs respectively paragraphs the fourth-twenty second;

the fourth to state the paragraph in the following edition:

"2) production and attaching to statements in the field of state registration of the rights or judgments concerning prohibition (cancellation of prohibition) of making of registration actions of the scanned copies of documents in paper form"";

word in paragraph six "the property rights to the construction object (finished with construction object) or about lack of registration of the appropriate rights to the construction object (finished with construction object) specified in request" shall be replaced with words" the appropriate corporeal rights or about lack of such rights";

word in paragraph nine "acquisition, change or the termination of the corporeal rights to real estate, encumbrances" shall be replaced with words" the corporeal rights to objects of the corporeal rights, encumbrances";

in the paragraph the fourteenth the word "" Shall Be Replaced with Words VHI" the state body which is the holder (the manager, the owner, the administrator) of the corresponding information system";

the twentieth and twenty first item 4 to state paragraphs in the following edition:

"Maintaining the State register of the rights is performed by means of technical and software which provide: automatic creation and assignment of registration number of the real estate unit, registration number of the statement, number of data on the corporeal right, encumbrances of the corporeal right, index number of the decision, information and excerpts from the state register of the rights and so forth; forming of statements, decisions, information and statements from the state register of the rights with imposing in cases, stipulated by the legislation, the qualified digital signature the state registrar or the authorized person of the subject of state registration of the rights; automation and control of processes of carrying out registration actions, in particular automatic introduction of data on objects of the corporeal rights based on the data received from the state land cadastre and single state electronic system in the field of construction, control of introduction of data on the corporeal rights, encumbrance of the corporeal rights, automatic verification and introduction of information about the identified subject of the corporeal right, encumbrance based on the data received from the state register of acts of civil status of citizens, the state register of physical persons - taxpayers, single databank about taxpayers - legal entities and the Unified State Register of Legal Entities, physical persons - entrepreneurs and public forming, and also verification of data on unique number of entry in the Unified state demographic register with data, containing in the Unified state demographic register; in the cases provided by the law, state registration of the rights in the automatic mode; protection of the data containing in the State register of the rights against unauthorized actions; updating, archiving and recovery of the data entered in the State register of the rights, their search; documentary reproduction of the procedure of state registration of the rights.

Numbers which are automatically created and appropriated by means of software of maintaining the State register of the rights consist of the figures forming numbers of natural row and encumbrances of the corporeal rights, documents which are created by means of the state register of the rights (decisions, information and excerpts from the state register of the rights, etc.) do not repeat in all territory of Ukraine within numbering of objects of the corporeal rights, statements, data on the corporeal rights.";

4) in Item 5:

word in paragraph one "including statements of owners of real estate for prohibition of making of registration actions, and also" to exclude;

after paragraph one to add Item with the new paragraph of the following content:

"The statements in the field of state registration of the rights transferred from Single state electronic system in the field of construction to the State register of the rights for their registration in the database of statements including for carrying out state registration of the rights in the automatic mode, contain the data necessary for entering into the State register of the rights of data on objects of the corporeal rights, the corporeal rights, encumbrance of the corporeal rights provided by this Procedure on the structure determined by Ministry of Justice and Mininfrastruktura in the relevant agreements signed in accordance with the established procedure.".

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