30 January 2008, 16:48
The Bill (Reg.No.1328) proposes to 'define relations connected with the clear-cut legitimisation of a Property Right, and introduce the 'single window' principle of Registration, in the same body, of Property Rights and Burdens for both land parcels and the facilities located on them'.
The Document contains a new definition of the State Land Cadastre, amending the Land Code of Ukraine.
The Ministry of Justice should, according to the Bill, be made the authorised Central Executive Body in charge of State Registration of Property Rights in Rem and Real Burdens. The Sponsor of this Bill, People´s Deputy, R. Zvarych, considers this to be logical, since ‘Registration of Property Rights is related to the alignment and agreement of property relations according to the Law, and aimed at obtaining a legal conclusion which fulfils the Legal Rights of entities´.
According to the Sponsor, 'The National judicial system demonstrates that a unified system for State Registration of Property Rights and Burdens thereof, should not be created within the State Land Cadastre, since it possesses a different legal nature, and is not related to the State Registration of Property Rights'.
The Bill lists those entities entitled to receive information on the State Registration of Rights and Burdens thereof, and cases where such information is made available.
The Bill also proposes that Businesses are obliged to have their own Rights for a land parcel, or for other property belonging to the single property complex of the Business, registered within the Bodies engaged in State Registration of Property Rights.
The Bill envisages the setting up of a State Register of Property Rights, to include data on Registered Rights and Burdens, Right holders, Property facilities, the Document-making basis for State Registration, together with cartographic maps and graphical data.
Amendments are proposed in the Land Code of Ukraine to delineate the functions of maintaining the State Land Cadastre and State Registration of Property Rights and Burdens thereof, and exclude provisions defining the Land Act as a single act certifying the Owner's right to a land plot.