Publication date: 23.05.2024
lawyer, 23 years of experience in enforcement.
Article 37 of the Law of Ukraine "On State Registration of Property Rights to Immovable Property and Their Encumbrances" dated July 1, 2004 No. 1952-IV establishes that the decision, actions or inaction of the state registrar can be appealed to the Ministry of Justice of Ukraine, its territorial bodies or to the court.
Part of the 5th Art. 37 of Law No. 1952-IV establishes the requirements for filing a complaint, as well as the documents attached to the corresponding complaint.
The date of submission of the complaint is considered the day of its actual receipt by the Ministry of Justice of Ukraine or its territorial body.
In accordance with Part 3 of Art. 37 of the Law, the appeal period is 60 days from the date of adoption of the contested decision.
Part 2 of Art. 37 of Law No. 1952-IV defines the list of grounds for which the Ministry of Justice of Ukraine will consider the complaint, and for which - the territorial bodies of the Ministry of Justice of Ukraine.
In accordance with Part 3 of Art. 37 of Law No. 1952-IV, the maximum term for considering a complaint cannot exceed 45 days.
Based on the results of the review of the complaint, the Ministry of Justice of Ukraine and its territorial bodies make a reasoned decision on: refusal to satisfy the complaint;
- satisfaction (full or partial) of the complaint or leaving the complaint without consideration.
Article 37 of Law No. 1952-IV establishes the grounds for which the bodies of the Ministry of Justice leave a complaint without consideration, namely:
1) missing the deadline for filing a complaint;
2) the Ministry of Justice of Ukraine, its territorial body, has already made a decision on the issue raised in the complaint;
3) judicial review of the issue raised in the complaint;
4) the complaint was filed by a person whose rights were not violated;
5) the complaint was submitted by a person who does not have the authority to do so;
6) the complainant has submitted a corresponding application to leave the complaint without consideration;
7) entry into legal force of a court decision on the same issues raised in the complaint;
8) a complaint was filed against decisions, actions or inaction in the field of state registration of rights, which were adopted and committed before January 1, 2016.
Based on the results of the review of the complaint and in the case of its satisfaction, the decision may specify several ways of satisfying the complaint, namely:
- By correcting a technical error, and accordingly, the registrar's obligation to correct the technical error made by him;
- the obligation of the registrar to eliminate the committed violations with the determination of the terms of fulfillment of such an obligation;
- temporary blocking or cancellation of the state registrar's access to the State Register of Rights.
The decision made based on the results of the review of the complaint is sent to the complainant within 3 working days from the date of its acceptance.
Decisions of territorial bodies can be appealed to the Ministry of Justice of Ukraine within 15 days from the date of adoption of the contested decision, in accordance with the Procedure for considering complaints against decisions, actions or inaction of the state registrar, subjects of state registration, territorial bodies of the Ministry of Justice, approved by order of the Ministry of Justice of Ukraine dated December 25, 2015 No. 1128.
Decisions of both the Ministry of Justice itself and its territorial divisions can be appealed in the order of administrative proceedings.
So, as can be seen from the above, in order to restore one's right, it is advisable to obtain the services of a lawyer or the sound advice of a lawyer.
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation and help to conduct a court process and restore the violated right.
