The complaint will be returned without consideration if these mistakes are made: the most common grounds

An incorrectly formatted complaint may lead to the Ministry of Justice of Ukraine or its territorial body returning it without consideration on the merits. Most often, the reason is formal deficiencies: lack of signature, mandatory details, proper justification, or other data required by law. At the same time, even if the complaint is returned, the applicant does not lose the right to reapply after correcting the identified deficiencies.

Which decisions can be appealed

Decisions, actions, or inactions of a state registrar or a subject of state registration can be appealed to the Ministry of Justice of Ukraine, its territorial bodies, or directly to the court.

If the complaint does not meet the requirements of the Laws of Ukraine "On State Registration of Legal Entities, Individual Entrepreneurs and Public Formations" and "On State Registration of Property Rights to Real Estate and Their Encumbrances," the Ministry of Justice of Ukraine or its territorial body returns it based on a reasoned decision no later than 15 days from the date of receipt.

Reasons why the Ministry of Justice returns complaints

The main grounds for returning a complaint are:

• submission by a person who does not have the appropriate authority;
• failure to specify information about the complainant;
• lack of the essence or details of the decision, action, or inaction being appealed;
• absence of stated circumstances confirming the violation of the complainant’s rights;
• failure to specify the date when the person became aware of the violation of their rights, if such information is mandatory;
• lack of signature of the complainant or their representative;
• lack of justification for the violation of the requirements of the Law of Ukraine "On Sanctions" — in cases where this is necessary;
• submission of an electronic complaint without a qualified electronic signature (QES) or without using electronic identification means with a high level of trust.

The most common mistakes made by applicants

In the field of business state registration, the most common reason for returning complaints is the absence of a signature or qualified electronic signature.

In the field of state registration of property rights to real estate, applicants most often fail to specify the date when they became aware of the violation of their rights.

For both fields, a common ground for return is also the absence in the complaint of the essence or details of the decision, action, or inaction being appealed.

Can a complaint be submitted again

Returning a complaint does not deprive the applicant of the right to reapply after correcting the identified deficiencies.

At the same time, the appeal period is suspended from the day the complaint is submitted until the day it is returned. However, the submission of the complaint itself does not suspend the effect of the contested registration action.

Before submitting an appeal, it is worth checking whether the complaint contains all mandatory details, proper justification, and signature. This will help avoid its return and ensure timely consideration on the merits.

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