of January 15, 2013 No. 12-06-15-13
To the chief of registration service of Head department of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea,
to chiefs of registration services of head departments of justice in areas, the cities of Kiev and Sevastopol
Concerning issue of duplicates of the lost or damaged documents
The public registration service in connection with numerous addresses concerning issue of duplicates of the lost or damaged documents asks to bring the following information to permission of bodies of state registration of the rights and notaries.
According to part one of article 1 of the Law of Ukraine "About information" the document is the material carrier which contains information which main functions are its preserving and transfer in time and space.
It is necessary to state that accurate determination of the term "duplicate" in the current legislation is absent, however from practice of application of terms, words and phrases in law the duplicate is the second copy of the document which has the same legal force, as well as the original. That is the duplicate of the document shall contain the same data, as the original document. Actually issue of the duplicate consists in reproduction of the text of the document which duplicate is issued that is directed to recovery of such document in case of impossibility of use of the last for certain reasons.
By the general rule, in case of loss or spoil of the document only the subject which issued such document can issue its duplicate. At the same time loss of force of the regulatory legal act based on which the appropriate subject issued the document is not the basis for refusal in issue of the duplicate of the document. The single basis in the presence of which issue of the duplicate of the document cannot be performed by subject which issued such document is liquidation (the activities termination) of such subject. In that case issue of the duplicate of the document is performed by the legal successor of appropriate subject or archive organization (if document transfer is provided in archive).
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