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Provisional Regulations

Posted by Pat | Posted in News | Posted on 03-02-2013

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Ministry of Justice of Ukraine in his letter, the 18.10.2010 12873-0-26-10-19 provided explanations of certain legislative issues related to state registration of rights of use (employment, lease) a building or other capital structures and their individual parts. Each lawyer and the lawyer may have access to this information. Concerning state registration of rights of use (employment, lease) a building or other capital facilities, their individual parts and the legal consequences of the lack of state registration of such rights, the compulsory state registration of real rights shall be subject to any treaty-based concluded after the entry into force of the Law of Ukraine on February 11, 2010 1878-VI On Amendments to the Law of Ukraine" On state registration of immovable property and restrictions "and other legislative acts of Ukraine", and namely, starting from March 16, 2010. This assertion is based on the fact that this law contains a provision to hold the registrar bureau of technical inventory of state registration of rights of use (employment, lease) a building or other permanent structures, their individual parts. Also in accordance with the Provisional Regulations on the procedure of state registration of property rights and other rights over immovable property approved by the Ministry of Justice on February 7, 2002 7 / 5 (as amended by the decree of the Ministry of Justice of 28 July 2010 1692 / 5), then – position, such state registration is mandatory. In turn, the rate provisions, which will operate until January 1, 2012, do not connect the moment of state registration of rights of use (hire, lease) a building or other permanent structures, their different parts with the appearance of the parties' mutual rights and obligations under the contract. After that, starting from 1 January 2012 the state registration of rights of use (hire, lease) a building or other permanent structures, their individual parts made in order defined by the Law of Ukraine "On Amendments to the Law of Ukraine" On state registration of immovable property and restrictions "and other legislative acts of Ukraine" and therefore, on the basis of the third part of Article 3 Law of Ukraine "On state registration of real estate and their burdens," will change the time the right to use in accordance with a contract hiring a building or other capital facilities (Their separate parts) – a right in rem arise precisely from the moment of its registration.