of February 8, 2013 No. 01-06/319/2013
Economic courts of Ukraine
About some questions connected with input of new system of state registration of the corporeal rights to real estate and their burdenings
On amendment to the Information letter of the Supreme Economic Court of Ukraine of 29.12.2012 No. 01-06/1953/2012 "About changes in the legislation of Ukraine concerning state registration of the corporeal rights to real estate and their burdenings" and in connection with input in Ukraine from 01.01.2013 new system of state registration of the corporeal rights to real estate and their burdenings we consider necessary to pay attention to it.
1. According to the Law of Ukraine "About state registration of the corporeal rights to real estate and their burdenings" of 01.07.2004 No. 1952-IV (in edition of the Law of Ukraine of 11.02.2010 No. 1878-VI with the changes made according to the Law of Ukraine of 04.07.2012 No. 5037-VI; further - the Law) state registration of the rights to real estate and their burdenings is carried out from 01.01.2013 by the state registrar of the rights to real estate of body of state registration, and also notaries as special subjects to whom functions of the state registrar are assigned.
At the same time the body of state registration carries out state registration of the rights to real estate, in particular: with issue of the certificate on the property right to real estate (including on the new built, reconstructed real estate units, in connection with entering into authorized capital of the legal entity of real estate); based on decisions of authorities (including relevant decisions of court which took legal effect); the corporeal rights which arose till 01.01.2013 and were not registered according to the legislation of Ukraine which affected time of their origin.
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