More often, data falsification occurs when conducting registration actions under the following conditions:
- presence of a ban on registration actions;
- on the basis of documents submitted by an unauthorized person;
- on the basis of fake documents.
To prevent this, the law provides for the possessor of such property to apply to the state registrar with a statement on the prohibition of registration actions on their own property. Such an application is subject to prompt execution and is the reason for suspension of registration actions. Submission of such a statement will give the rightful owner time to take measures aimed at protecting their rights and create obstacles for the illegal re-registration of the property.
However, if within 10 business days the owner of the immovable property will not provide the state registrar with a court decision to prohibit the registration actions, which has become legally valid, the possibility of the registration actions will be restored.
In the event that it was not possible to prevent the illegal re-registration of the property right, you have the opportunity to appeal it - in administrative and judicial procedures.
Thus, complaints about the decision of the state registrar on the state registration of rights to real estate and state registration of business can be filed with the Ministry of Justice of Ukraine, in which the Commission on issues of consideration of complaints in the field of state registration operates.
Such a complaint can be filed within 60 calendar days from the day the decision was taken, or from the day the person found out or could find out about the violation of her rights by the relevant act or omission of the state registrar.
Based on the Commission's conclusions, the Ministry of Justice may decide to cancel the unlawful registration action.
It is worth noting that the Ministry of Justice does not consider the following complaints about the decision of the state registrar:
- on the state registration of the right, which was acquired on the basis of a court decision;
- on state registration of the right to property, on which a litigation is available;
- on registration of actions taken on the basis of a court decision.
In addition, in case of illegal registration actions, the owner of the property may apply to the law enforcement agencies with a statement on the committed criminal offense.
Finally, the law provides for the right of the owner of the property to appeal to the court with the lawsuit on the cancellation of the registration of the state registrar or the recovery of property from another's possession. Protecting legitimate interests in this case is better, having got professional legal aid.