Along with other novels were opened access to the register of real estate rights and their encumbrances. These changes were introduced with the entry into force of the Law of Ukraine “On amendments to some laws of Ukraine to enhance transparency in property relations in order to prevent corruption,” October 6, 2015.
The idea of this law is clear and simple.For information about all real estate property enough to register in the office and electronic services for a nominal fee can get information about the owner of the property or all property specific person. Opening of this register for public access to speed up trials and optimization of time when enforcement proceedings (when proof of ownership quite a few minutes without the need for filing an official request to the holders of the registry).
Recently state policy headed for the openness and transparency. Along with other novels were opened access to the register of real estate rights and their encumbrances. These changes were introduced with the entry into force of the Law of Ukraine “On amendments to some laws of Ukraine to enhance transparency in property relations in order to prevent corruption,” October 6, 2015.
For information about all real estate property enough to register in the office and electronic services for a nominal fee can get information about the owner of the property or all property specific person. Opening of this register for public access to speed up trials and optimization of time when enforcement proceedings (when proof of ownership quite a few minutes without the need for filing an official request to the holders of the registry).
At first glance, providing publicity this register has many benefits, but the procedure for obtaining information is poor and creates a lot of confusion about the real property belonging to specific individuals.Such errors of the registry is potentially dangerous for making lawful decisions.
First we need to uncover important procedural extracts, background reports and statements, which can be obtained by requesting in the office of electronic services. To introduce efficiency and avoid declarative created quite a broad base of subordinate normative legal acts regulating issues related to obtaining extracts, certificates and extracts from the register of real rights on real estate and their encumbrances.
So by virtue of the Cabinet of Ministers of Ukraine of 26.10.2011 p. Number 1141 “On approval of the State Register of real rights on real estate property”, paragraph 46 stipulates that the extraction, information sheet, extract from the State Register of rights is formed on the basis of information contained in it, by assigning an index number, fixing the date and time of formation. In accordance with the Cabinet of Ministers of Ukraine of 03.18.2015 p. No 137 “Some questions of simplifying the procedure of administrative services in the sphere of state registration of real rights on real estate property and restrictions” in paragraph 1 indicated – to establish that the decision of the state registrar, extract from the State Register real rights on real estate certificate of title to real property received in electronic and paper form by means of software the State register of real rights on real estate property have the same legal force.
In fact legislator equates valid extracts of registration of property rights to real estate and their encumbrances received in the office electronic services to the certificate of ownership issued by the state registrar, which is stamped registrar.
This is where the problems start to arise for ordinary citizens. So search the registry is only on three criteria:
The problem is that because of imperfections in the formation of a search engine search itself is not the union of these criteria query (when issued results only person with that name, TIN and passport data) and all the criteria specified separately from the general the result in its entirety.
For example in city Kyiv lives Ivan Ivanov Ivanovich, who by the court must pay the creditor a certain amount of money.Ivan Ivanov Ivanovich , this amount does not pay voluntarily so a decision on the imposition of arrest on its real estate. To identify his real estate formed request by using the e-office services kap.minjust.gov.ua, which indicates the name of the debtor, his TIN and passport data. However, in response to this request comes information that applies to all Ivanov Ivan Ivanovich, who live in Ukraine and have real estate. In the very same extract does not specify exactly who owns a one or another property that is specified in it, and given only a list of all property belonging to all people with the same surname, name and patronymic of the requested person. Although it should be noted that at the beginning of the extracts or background reports states that such property belongs not just Ivanov Ivan Ivanovich and Ivan Ivanovich Ivanov is on TIN and passport data, which were in search terms.
In the future, the situation is as follows.On the basis of the above legal acts the following extracts are valid and for the court they confirms the ownership of the debtor. Therefore, the court fully to legally make a decision on the imposition of arrest on all property of the debtor in the operative part that lists the property that is indicated in the certificate. In fact, it is possible that not all property owned by the debtor.
Thus another person who is not related to the debtor receives arrest on their properties. And to relieve her of the arrest must apply to the authority which imposed a arrest claims. As long complicated collection of evidence documents confirming of property rights to a arrested property and payment of court fees. This procedure could drag on for years. And the chief neglected the constitutional principle of the inviolability of private property.
Also, the problem appears not only during the trial and arrest. So removed from the Register of Rights to Real Estate and Their Encumbrances use and organs of the State Fiscal Service of Ukraine in calculating property taxes.
So often there are similar cases where the extract from the register of rights to real property at the request of the person on a particular issue all property of people with the same surnames and names. In practice, very often there are cases when the tax authorities sent in the order of art. 58 Tax Code of Ukraine Tax-notification decision to demand the payment of tax liability, such as property tax.
First, in this case, if the person has received a tax notice-decision should apply directly to the service or the fiscal authorities to court to demand the cancellation of the decision. If it is not possible to cancel the result is a collection of taxes by another person forcibly. Also, quite often there are cases when tax deficiencies knowing public register of rights, begin the “telephone” interview potential payers of their existing assets. These facts have a place in provincial areas with few inhabitants. These poll “telephone” is illegal, besides not required by law. Therefore we recommend not to provide information, even the tax collectors, telephone. In case of receipt of notification of the decision-collecting property tax, which you do not apply to qualified assistance in appealing the decision.
Therefore, summarizing the above it should be noted the need to improve the newly introduced tool to provide information on the registration of real estate rights and their encumbrances, to avoid violations of human rights.