ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of February 7, 2002 No. 7/5

About approval of Provisional regulations for procedure for state registration of the property right and other corporeal rights to the real estate

According to subitems 23 and 30-1 of item 4 of the Regulations on the Ministry of Justice of Ukraine approved by the Presidential decree of Ukraine of December 30, 1997 N 1396 (with changes and amendments), in pursuance of resolutions of the Cabinet of Ministers of Ukraine of February 18, 1998 N 192 "About measures for creation of system of registration of the rights to personal and real estate" and of May 16, 2002 N 661 "About measures for creation of system of registration of the property rights to the real estate", for the purpose of proper ensuring protection of the property right to the real estate of physical persons and legal entities before introduction of single system of state registration of the property rights to the real estate and commissioning of the State register of the ware rights to the real estate and their restrictions I ORDER:

1. Determine that till January 1, 2012 state registration of the property right and rights to use (servitude) on the real estate objects located on the parcels of land, rights to use (hiring, lease) by the building or other capital constructions, their separate parts; the property rights to objects of construction in progress, and also accounting of ownerless real estate, trust management of real estate is carried out by the registrars of bureau of technical inventory count (further - BTI) created before entry into force of the Law of Ukraine of 11.02.2010 N 1878-VI "About introduction of amendments to the Law of Ukraine" About state registration of the rights to real estate and their restrictions "and other legal acts of Ukraine" and connected to the Proprietorship register on real estate.

2. Approve Provisional regulations for procedure for state registration of the property right and other corporeal rights to the real estate it (is applied).

3. Determine that holder of the Proprietorship register on the real estate is the Ministry of Justice providing functioning of the Register.

4. Determine the administrator of the Proprietorship register on the real estate the state company "Information center" of Ministry of Justice, the full access to structure of the single computer database of the Proprietorship register performing program information support of the Proprietorship register on the real estate, responsible for its functioning, preserving data and protection them from destruction, having on the real estate.

5. Assign to the state company "Information center" of the Ministry of Justice of Ukraine:

implementation of actions for development and establishment of the software of BTI for maintaining the electronic Proprietorship register on the real estate till August 30, 2002;

issuance of special forms (production and delivery) for issue of statements from the Proprietorship register on the real estate and certificates on the property right since October 1, 2002;

preparation and provision on approval of rates for provision of statements from Reestr of the rights to the real estate, for use of information and other services which are provided by the administrator Reestra.

6. Determine that issue of statements from the Proprietorship register on the real estate and execution of certificates on the property right to the real estate since June 1, 2010 BTI are performed only on special forms of the established form.

Statements from the Proprietorship register on the real estate and certificates on the property right to the real estate executed since June 1, 2010 not on the special form are invalid.

Recommend to local government bodies to carry out issue of certificates on the property right to real estate objects on special forms which sample and the description affirms the Ministry of Justice of Ukraine.

7. Determine that before creation of the electronic version of the Proprietorship register on the real estate registration of the property rights to the real estate is performed on papers.

8. To department of the civil legislation together with the State company "Information center" of the Ministry of Justice of Ukraine till September 20, 2002 to develop and submit for approval:

Procedure for maintaining the Proprietorship register on the real estate;

Regulations on procedure for delivery, storage, accounting and the reporting of expenditure of special forms for issue of statements from the Proprietorship register on the real estate and certificates on the property right;

Sample and the description of special forms for issue of statements from the Proprietorship register on the real estate and certificates on the property right.

9. Ceased to be valid

10. Excluded

11. To department of the civil legislation (I. I. Zavalnaya):

the paragraph two is excluded

submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 N 493 "About state registration of regulatory legal acts of the ministries and other executive bodies" (with changes and amendments) and to bring it to permission of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city justice departments.

12. To chiefs of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, regional, Kiev and Sevastopol city justice departments to bring this order to permission of district, city justice departments, notaries and bureau of technical inventory count.

13. To impose control of execution of this order on the First Deputy State secretary A. P. Zayts.

Approved by the Order of the Ministry of Justice of Ukraine of February 7, 2002 No. 7/5

Provisional regulations for procedure for state registration of the property right and other corporeal rights to the real estate

I. General provisions

1.1. These Provisional regulations for procedure for state registration of the property right and other corporeal rights to real estate (further the Provision) determine procedure for carrying out state registration of the property right and right to use (servitude) on the real estate units located on the parcels of land, rights to use (hiring, lease) by the building or other capital constructions, their separate parts; trust management of real estate, the property right to objects of construction in progress (further - state registration of the rights), and also procedure for registration of ownerless real estate.

1.2. State registration of the rights is official recognition and confirmation by the state of the facts of origin, transition or the termination of the property right and other corporeal rights to real estate, and also the property rights to objects of construction in progress by entering of the corresponding record into the Proprietorship register on real estate.

1.3. State registration of the rights is carried out by registrars of bureau of technical inventory count (further - BTI) within certain administrative and territorial units in the territory of which servicing is performed by the BTI created before entry into force by the Law of Ukraine "About introduction of amendments to the Law of Ukraine" About state registration of the corporeal rights to real estate both their restrictions "and other legal acts of Ukraine" and connected to the Proprietorship register on real estate.

Carrying out state registration of the rights within the territory of one administrative and territorial unit by registrars of several BTI is not allowed.

1.4. The property right and other corporeal rights to the real estate placed in the territory of Ukraine, belonging to physical persons and legal entities, the state on behalf of bodies are subject to obligatory state registration, authorized to manage state-owned property, to foreigners and stateless persons, foreign legal entities, the international organizations, foreign states, and also territorial communities on behalf of local government bodies.

The property right to object of construction in progress is subject to state registration in case of need of the conclusion of the transaction on object of construction in progress.

1.5. The property right and other corporeal rights to such real estate are subject to state registration:

1) apartment houses;

2) apartments;

3) buildings in which the rooms intended for stay of the person, placement of personal estate, preserving material values, production implementation, etc. are located;

4) constructions (engineering, hydrotechnical, etc.) - land improvements which do not belong to buildings and rooms, intended for accomplishment of special technical functions;

5) rooms - parts of unobstructed capacity of apartment houses, buildings, apartments, are limited to construction elements.

1.6. The property right to the real estate finished with construction which is accepted in operation in the procedure established by the legislation is subject to state registration.

State registration of right to use (servitude) on the real estate units located on the parcels of land, rights to use (hiring, lease) by the building or other capital constructions, their separate parts; trust management of real estate it is carried out after state registration of the property right to such property.

State registration of the property right to objects of construction in progress is made according to the procedure, determined by the Provision, taking into account the features established in the Section IV of Provisions.

The property right and other corporeal rights to shoddy constructions are not subject to state registration.

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