How Government Authorities Can Obtain Information from the State Register of Property Rights to Real Estate

According to the provisions of Article 32 of the Law of Ukraine "On State Registration of Property Rights to Real Estate and Their Encumbrances," information about registered rights to real estate and their encumbrances contained in the State Register of Rights is open, publicly accessible, and paid, except for cases provided for by this Law. This was reminded by the Registration Department of the Khmelnytskyi MRU of the Ministry of Justice.

However, for officials of state authorities, local self-government bodies, courts, National Police bodies, prosecution bodies, Security Service of Ukraine, Economic Security Bureau of Ukraine, National Bank of Ukraine, National Anti-Corruption Bureau of Ukraine, National Agency on Corruption Prevention, private executors, arbitration managers, lawyers, and notaries, information from the State Register of Rights in connection with the exercise of their powers defined by law is provided by subject of right or by real estate object in electronic form through direct access to the State Register of Rights, provided that the respective official is identified using a qualified electronic signature in accordance with the requirements of the Law of Ukraine "On Electronic Identification and Electronic Trust Services."

The procedure for accessing the State Register of Property Rights to Real Estate, approved by the Cabinet of Ministers of Ukraine Resolution dated 25.12.2015 No. 1127 (as amended) (hereinafter – the Procedure), in clause 3 provides that user access to the State Register of Rights is granted (terminated) based on an agreement concluded with the technical administrator of the Register, except in cases where officials of state authorities are provided automated access using software tools of the information and communication systems of the respective state authorities via the application programming interface of the State Register of Rights.

Access to the State Register of Rights via the application programming interface is provided exclusively to officials of state authorities and is ensured by the technical administrator of the Register in real-time electronic form by information and communication means using technical and cryptographic information protection tools in accordance with the Law of Ukraine "On Information Protection in Information and Communication Systems."

According to clause 1 of the order of the Ministry of Justice of Ukraine dated 25.06.2015 No. 1059/5 (as amended), the administrator of the Unified and State Registers, the creation and functioning of which fall within the competence of the Ministry of Justice of Ukraine, is the state enterprise "National Information Systems."

The technical administrator of the State Register of Rights concludes an agreement, in particular, when the user is an official of a state authority or local self-government body, with the respective authority where such user works.

Clause 7 of the Procedure provides that the provision of information from the State Register of Rights in electronic form with direct access to the Register is ensured by means of the software tools of its maintenance by the user performing a search of the State Register of Rights data, downloading, and viewing in electronic form for further use, including printing.

The search for data in the State Register of Rights is carried out in accordance with the Procedure for Maintaining the State Register of Property Rights to Real Estate, approved by the Cabinet of Ministers of Ukraine Resolution dated 26.10.2011 No. 1141.

The formation of information from the State Register of Rights in electronic form is performed automatically by the Register’s software tools depending on the search parameters specified by the user (for example, by real estate object or subject of property right).

To obtain information from the State Register of Rights, the user must also specify the basis for obtaining it (relevant legal provisions and case (proceeding) details, details of the legal aid agreement, etc.).

Information from the State Register of Rights is provided regardless of the location of the property.

Thus, for example, if a local self-government body that is a subject of state registration of rights has a state registrar of rights, they cannot provide information from the State Register of Rights free of charge to officials of this local self-government body, as well as to other government authorities, law enforcement agencies, or any other persons for whom the legislation provides the possibility of direct access to the Register.

"We draw attention to the fact that state authorities and local self-government bodies are obliged to immediately, but no later than two working days, notify the technical administrator in writing about the need to cancel access identifiers to the State Register of Rights for users who have terminated employment relations with them, and also immediately contact a qualified provider of electronic trust services to cancel the relevant qualified public key certificate (clause 4 of the Procedure)," the Ministry of Justice added.

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