Журнал Viche 2011 №21

№21, 2011

Disorder as a result?

At the time of Ukrainian independence the state registration of property rights and technical inventory of real estate usually faced certain difficulties arising from legislative imperfection. Formation and development of the registration system and technical inventory has been lasting almost for two decades, although, there has become more problematic issues recently.

Destruction of the registration system for ownership of real estate along with their technical inventory, undoubtedly, will lead to negative consequences. Namely, local governments will lose reliable information about real estate of all forms of ownership which is necessary for them to form the town-planning cadastre, development of the socio-economic and cultural development of the areas, collecting property taxes, charges, calculation of subsidies, housing distribution and providing other vital services for people; in case of transfer of services from companies BTI to other agencies or private sector there will be risk of a private monopoly, unregulated pricing, the community will be deprived of any opportunity to influence the quality of services and aim at the prevention violation of constitutional rights through exclusion them into communities; reliable and accurate information (registration) regarding the properties of all forms of ownership will be lost. This may lead to fraudulent and raider seizure of property, redistribution of property, violation of a direct action of the Constitution of Ukraine, rights of citizens of Ukraine to protect their property from the state; disregard the decrees of the President of Ukraine, laws and other legislative regulations. The negative will manifest also in functions duplication of government agencies or procedure issues; accumulation of collisions, double interpretation of the law which will result in threatening more and more distance from the law of the European Union

Dmytro Pavlenko