By KYIV. May 4 (Interfax-Ukraine) – The Verkhovna Rada adopted at the final reading bill No. 9156-d, which improves the mechanisms of legal support for the inviolability of property rights.
The bill was supported by 280 MPs at a parliament session on Wednesday, with the required 226 votes, Justice Minister Denys Maliuska said.
“In connection with the decision of the Constitutional Court of Ukraine, in two weeks the Ministry of Justice could lose the authority to cancel the decisions of public registrars regarding the rights to real estate. It is quite risky. The adoption of bill No. 9156-d will definitely remove the risks,” he wrote on Facebook.
Thus, the anti-takeover panel of the Ministry of Justice will retain the authority to cancel registration actions in the following cases: if the public registrar performed them in violation; there are grounds for refusing such registration; and in the presence of sanctions.
At the same time, the bill establishes that formal (insignificant) errors of the public registrar that do not affect the objectivity, reliability, and completeness of information about rights cannot be grounds for canceling the registration action.
The document also clarifies the procedure for filing a complaint in the field of public registration of rights.
As reported, in November 2022, the Constitutional Court ruled in the case on the constitutional complaint of PJSC Odesteplokommunenergo regarding the compliance with the Constitution of Ukraine of a separate provision of Article 37 of the law on public registration of rights to real estate and their encumbrances, recognizing the unconstitutionality of the authority of the Ministry of Justice to deprive someone of property by canceling the public registration based on the errors of a public registrar.
