Innovations in the design of ownership of the land
Ukraine real estate law
The general procedure for registration of property rights

Resolving issues of registration of land ownership in Ukraine is always relevant.Until the recent changes in legislation prevalent problem was to get registered by the State act on the ownership of the land. The procedure for registration and issuance of State acts on the ground usually lasts several years.

State registration of ownership of immovable property in accordance with land legislation is mandatory.Thus, the Law of Ukraine "On state registration of real rights to immovable property and their limitations, from 01 июля 2004 № 1952-IV, are subject to compulsory state registration of real rights over immovable property situated in the territory of Ukraine, natural and legal persons,State, territorial communities, foreigners and stateless persons, foreign legal entities, international organizations, foreign countriesnamely: ownership of real property;proprietary rights on another's real property, limited property rights to the property and others, as defined in the Act.The process of registration of ownership of land is carried out by several government bodies, in particular, the central organ of executive power on land, which provides implementation of state policy in the sphere of state registration of rightsand the setting up of a self-supporting state entity with a consolidated balance sheet (the center of the state land cadastre) and its field offices,which are local bodies of state registration of rights.

That such bodies are the municipal, district and village councils, land management, as well as the Center's office at the State Land Cadastre State Committee of Ukraine on Land Resources,territorial bodies of the State Committee on land resources.

An important step in the process of registration is to make data on the land to the Automated System of the State Land Cadastre (ASDZK), as well as the implementation of the relevant records to other registries, and the marks on title documents.The state registration of ownership rights is conducted based on the application owner (pravonabuvacha), part of the transaction, about which there is a right.
Actual changes in registration of land ownership

Pending the entry into force of the Law "On Amendments to Certain Legislative Acts of Ukraine on documents certifying the right to land, as well as the order of division and consolidation of land" from 05.03.2009, the number 1066-VI, in accordance with Art.126 of the Land Code of Ukraine ownership of the land and the right of permanent use certified by the official act.Each purchaser of ownership regardless of how it is received should have received State act on land registered properly.

Today, in accordance with the changes introduced on the basis of the aforementioned Act number 1066-VI in the art.126 of the Land Code of Ukraine, a number of reservations regarding the title deeds and registration procedures.Consequently, the title documents to the ownership of land remained State act on land in cases where ownership of land was purchased by the initial allocation, for example, by decision of the executive branch or otherwise.

Also, it is important to note that Art. 125 of the Land Code to adopt changes to the law number 1066-VI assumed ownership of the land only after it is received by the owner of the document certifying the right of ownership and state registration of such document.Art. 125 as amended provides for the emergence of property rights to land of the state registration of such rights.

In the case of alienation of land, by entering into a civil agreement in the manner prescribed by law, as well as registration of ownership of land on the basis of inheritance,entitlement to a right of ownership is therefore such civil transaction, such as a contract of sale of land,or certificate of right to inheritance.

In this case, the State Act shall be attached to the document under which the transition took ownership of the land, in any case, the transition of ownership.That is, when concluding a contract of sale of land, the State act becomes an indispensable accessory to such a treaty. When making the right to inheritance, the State Act shall be attached to the certificate of right to inheritance.

According to the Land Code of Ukraine, as amended, the notary and government registration make notes on the alienation of land, noting the instrument under which the disposition occurred.

Very convenient is the norm of the Land Code of Ukraine on the date of registration of the new owner of the land, setting a deadline of 14 calendar days,of the filing of all required documents. This timing is also determined by the Interim Rules implementing the provisions of subsection4 of the implementation of a mark on the transition of ownership of land, approved by Cabinet of Ministers of Ukraine dated 06.05.2009, the number 439 (hereinafter - "the Order № 439").

It should be noted that the receipt of the State act as a title document also occurs in the alienation of land to release it in a separate plot of land.Resulting in a separate plot, which is assigned a separate cadastral number, which is appropriately registered in ASDZK.

The Cabinet of Ministers of Ukraine dated 12.11.2008 g.№ 1019 "On Amendments to the Cabinet of Ministers of Ukraine dated April 2, 2002 № 449" (hereinafter - "Resolution number 1019") describes the form of the State act in the new edition.

Thus, title documents to the ownership of land is a State act on land, and in some cases - civil transaction for the disposal of land and a certificate of right of inheritance.
Analysis of actual changes

In addition to these regulations, it should be noted that other documents have made changes in land legislation.Among them are major: Order Goskomzem "On Amendments to Certain Legislative Acts of Ukraine on documents certifying the right to land, as well as the order of division and consolidation of land, on 22/06/2009, the number 326 (hereinafter - the" Order number 326 ");Resolution of the Cabinet of Ministers "On some issues certificates of ownership of the land, from 06 мая 2009 г. number 439 (hereinafter -" Resolution number 439 ") and others. The above regulations are part of the land reform in registration of land ownership.

In accordance with the order number 326, approving interim regulations implementing the changes in land laws, registration of ownership of a civil agreement, or in accordance with the law of inheritance,the land owner or authorized person shall submit to the territorial authority Goskomzem the location of the land along with the application the following documents: a civil agreement on the alienation of land in case of acquisition of ownership of the landarea under such agreement or certificate of right toasledstvo;State act on land ownership with a notary stamp on the transition of ownership of the land.

Regional Authority Goskomzem at the time of receipt of these documents record the statement in the Record of applications and services rendered to the State act of putting on a mark on the registration of ownership in the land registry.In the statement of the owner or authorized person makes a note of the date of registration and its registration number and, at the request of the applicant, - a second copy of the statement or copy of the statement, which remains at the customer too.Concerning the last action - it is desirable to insist on such a mark that will be an important proof of the adoption papers for consideration.

In the case of conformity of the documents the requirements of current legislation of Ukraine,State Land Committee of Ukraine, within three calendar days of their receipt shall delete from the archive of technical documentation on Land for land transferred under the structural unit of the Center SLC submitted documents and technical documentation on Land atPlotparticles.

If the owner of the submitted documents do not meet the requirements established by law, State Land Committee of Ukraine within three calendar days provides the applicant (owner) a written denial of service, specifying the reasons for the refusal.

Center SLC, in turn, verifies the documents received for seven consecutive days, and makes appropriate entries on the new owner in the land registry, then returns all the documents on the case back to the territorial authority Goskomzem.As a result of such action territorial body Goskomzem within four days ago at the State Act of a mark on the registration of ownership of land.

The owner of land on the day of applying for legal documentation must provide copies of receipts for payment of services on registration of the State Act,after which the territorial authority Goskomzem gives the owner a civil agreement, or certificate of inheritance, together with the State act of bearing the mark.

How to make a mark on the transition of ownership is determined in accordance with the Resolution number 439, which details the essential elements of such a mark.

It should be noted that the state acts on the ownership of land, issued after the entry into force of Decree number 1019 on the old form, are valid.But the Cabinet of Ministers of Ukraine on "the issuance of state acts on the ownership of the land" from 27.05.2009 g.Number 774 extended period of issuing of state acts on the ownership of the land under the old form approved by the Cabinet of Ministers of Ukraine dated 02.04.2002, the number 449 to the full use made of forms, taking into account changes made to the form.

Letter from the Ministry of Justice of Ukraine "On the clarification of certain provisions of the law" from 27.05.2009 g.Number 774 stated that the issue of the existing forms of the old form can be considered the body to whose jurisdiction attributed these issues, and settled with the relevant regulatory legal act.

Law number 1066-VI noted that certain changes and a new order of registration of ownership of the land also applies to cases where civil legal transactions for the disposal of land,certificate of inheritance, have been made or issued before the entry into force of the Law number 1066 - VI,but the state acts on the ownership of the land were not issued.

In this case, the notary who certified or issued a document, drawn with a written request to the authority, the state registration of land, for confirmation that the State Act is not issued to the new land owner.Upon receipt of written confirmation to the notary public of this fact, the State Act shall be revoked by the notary of his affairs, and after making the note on the transition of ownership of land attached to the civil law transaction or testimony.Term of consideration of the request body which carries out the state registration of land should not exceed 14 calendar days.
Conclusions

Thus, changes to legislation on land formed a simplified mechanism for registration of ownership of land.But it is obvious that the procedure for issuance of a new act of the State in the allocation of individual land allocation or in kind has not changed.

For purchasers of property rights to land under civil law transactions to create a truly enabling environment in which the procedure for issuing new State Act changing only the application of the mark in the previously issued act.The amendments should improve the conditions of the transaction with the land on the property market.In addition, the recent increase in the number of audits and audit bodies of land resources due to failure to comply with its responsibilities under the recently introduced changes that gave rise to hope for smooth and fast registration of land ownership rights in the future.

After all, today the practice is appropriate to recognize that the new procedure of registration of land ownership is not fully satisfied.Public bodies of land resources refer to the absence of guidelines, but this is not a reason for failure of new requirements of the law.

Besides, it leaves a real question of improving procedures for the issuance of State acts as an entitlement to a right of ownership to land. Thus, as already noted, the primary procedure for issuing such documents has not changed and is very problematic.But it should be noted that the strict compliance with the requirements of the law and proper legal procedures for registration of a transfer of ownership of land, the risk of denial of registration or delay is significantly reduced.

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