How a State Registrar Can Protect Their Rights in Case of a Complaint and What Decisions the Ministry of Justice Can Make

Filing a complaint against the decision, actions, or inaction of a state registrar is a legally provided mechanism for administrative appeal. At the same time, the mere fact of filing a complaint does not automatically mean a violation by the registrar. This was reported by the State Registration Department of the Cabinet of Ministers of Ukraine Ministry of Justice.

In such a case, the state registrar is a participant in the administrative proceedings and has the right to familiarize themselves with the complaint materials, submit explanations and motions, receive information about the consideration, and appeal the decision made.

Familiarization with the Complaint Materials

The decision, actions, or inaction of the state registrar can be appealed to the Ministry of Justice of Ukraine, its territorial bodies, or to the court.

No later than seven calendar days before the complaint review, the Ministry of Justice or the relevant territorial body notifies the participants of the administrative proceedings and publishes information about the date, time, and place of the review on official websites.

During martial law, complaints are reviewed without the participation of the administrative proceedings participants; however, their absence does not prevent the review.

If the state registrar becomes aware of the complaint filing, it is recommended to submit a motion to familiarize themselves with the materials. During martial law, it is possible to request the materials to be sent electronically. In this case, the Ministry of Justice or its territorial body sends the documents within three working days after receiving the motion.

Preparation of Written Explanations

After reviewing the complaint, it is recommended to submit written explanations no later than the day before the review date.

In the explanations, it is advisable to:

• briefly outline the circumstances of the decision or action;
• describe the sequence of registration actions;
• refer to the legal provisions the state registrar relied upon;
• indicate documents and information that formed the basis for the decision;
• draw attention to procedural circumstances, including deadlines for appeals, the applicant's authority, and the existence of a court dispute;
• if possible, attach documents confirming the legality of the actions.

The submitted explanations are mandatory for consideration.

For complaints reviewed by the Ministry of Justice of Ukraine, you can contact by phone at 044 330 05 40 or by email at [email protected] for citizen inquiries and [email protected] for legal entities.

For complaints reviewed by the Kyiv Interregional Department of the Ministry of Justice of Ukraine, inquiries are accepted by phone at 096 155 97 38, and motions and explanations can be sent to [email protected].

How the Complaint Review Takes Place

Complaint reviews in the field of state registration are conducted in accordance with the legislation and the Procedure for Reviewing Complaints in the Field of State Registration, approved by the Cabinet of Ministers of Ukraine Resolution No. 1128 dated December 25, 2015.

During preparation for the review, the existence of an open court proceeding on the same subject matter is checked. If such proceeding exists, it may affect the further review.

Based on the review results, the Commission makes a decision by open voting, which is formalized by a conclusion. The conclusion is advisory and mandatory for consideration by the head of the entity reviewing the complaint.

What Decisions Can Be Made

Following the review, the Ministry of Justice of Ukraine or its territorial body makes a reasoned decision in the form of an order.

The complaint may be:

• granted;
• denied;
• left without substantive consideration, including due to missed appeal deadlines, existence of a court dispute, or absence of violation of the complainant's rights.

The decision is published on the official website of the respective body, and copies are sent to the participants of the administrative proceedings.

Execution of the Decision or Its Appeal

If the complaint is granted, the Ministry of Justice or its territorial body may recognize the decision or registration action as unlawful, require the elimination of the violation, correct a technical error, temporarily block or cancel access to the register, as well as apply other measures provided by law.

If access to the register is temporarily blocked or canceled, documents in the state registrar's work are transferred to another registrar.

Decisions, actions, or inaction of the territorial body of the Ministry of Justice can be appealed to the Ministry of Justice of Ukraine or to the court. Decisions, actions, or inaction of the Ministry of Justice itself can only be appealed in court.

What Not to Do After Receiving Information About a Complaint

The Ministry of Justice emphasizes that after receiving information about a complaint, one should not ignore notifications, delay familiarization with the materials, refuse to submit explanations, base their position only on general statements without documentary evidence, or disregard deadlines and procedural aspects.

In most cases, properly prepared explanations, careful analysis of materials, and adherence to procedure allow the state registrar to adequately protect their legal position.

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