State Registration Of Proprietary Rights On Real Estate And Its Restraints

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On August 3rd 2004, the Law "ON STATE REGISTRATION OF PROPRIETARY RIGHTS ON REAL ESTATE AND ITS RESTRAINTS" (hereinafter - the Law) came into force.  The Law established the State register to proprietary rights on real estate and its restraints (hereinafter - the Register). The Register shall contain the information on the proprietary rights on real estate, its restraints, on the subjects of proprietary rights on real estate, the technical characteristic on the real estate objects (buildings, constructions, etc.), the displacement of which is impossible without their devaluation and change of their purpose.

The registration shall be carried out by the local body of the state registration. However, this body has not been established yet. It shall be the legal entity subordinated to the central executive authority on the land resources (the State committee on the land resources). Pending the creation of such bodies and the formation of the State register of the interest in estate for the real estate objects shall be conducted in the Bureau of Technical Inventory.
 
The article 3 of the Law stipulates that the rights not registered yet will be recognized by the state. Their registration in a new register is free of charge.

Thus, the compulsory state registration is extended to the following rights on real estate in Ukraine:

1. The ownership of the real estate. The ownership of a building/construction may be registered irrespective of the registration of the ownership of the land plot if the plot belongs to another person/entity.

2. Proprietary rights on other's real estate:

a) The right of possession;
b) Enjoyment (servitude);
c) The constant enjoyment of the plot;
d) The enjoyment with the agricultural purpose (emphyteusis);
e) The building permission (superficies);
f) The enjoyment of the land plot more than a year;
g) Other proprietary rights on other's real estate subject to the state registration in accordance with the legislation;
h) Restraints of the proprietary rights on real estate.

For the registration of the proprietary right for the real estate as well as for the extract receipt the state duty shall be collected.

The Ukrainian (p. 30) May 2004