Jurisdiction of cases on cancellation of orders of the Ministry of Justice of Ukraine on complaints in the field of state registration of property rights

Abstract

The article examines the issue of court's jurisdiction of cases on revocation of orders of the Ministry of Justice on complaints in the field of state registration of real property rights. The legal positions of the Supreme Court on the mentioned issue were analyzed and the circumstances that determine the affiliation of the mentioned cases to civil, commercial and administrative jurisdiction were specified.

It has been defined that the involvement of the Ministry of Justice and the state registrar as co-defendants in a case revocating an order of the Ministry of Justice is not a sufficient characteristic of administrative jurisdiction. If the relevant claim is filed to resolve a dispute with another person over property right, the participation of these subjects of public law does not change the private nature of the dispute. The proper defendant in such a case is the person whose right to property is disputed.

A dispute in which it is necessary to provide a legal assessment of the legitimacy of both the disputed order of the Ministry of Justice and the acquisition of the right to real estate and the relevant registration actions does not belong to the administrative jurisdiction. If the plaintiff perceives the violation of his rights in the consequences of the decision of the Ministry of Justice and (or) the state registrar, which he considers illegal, and these consequences led to the emergence, change or termination of civil relations, then recognizing such decisions illegal is a way to protect civil rights and interests, and the case belongs, depending on the subject composition, to civil or commercial jurisdiction.

If the dispute concerns only the implementation of the state registration of property right, and not the legitimacy of the facts that were the basis for registration actions, it is not a dispute about the right and is a subject of proceeding under the rules of administrative procedure. In this case, joining in the statement of claim the requirements for renewal of registration records and cancellation of the order of the Ministry of Justice does not exclude the administrative jurisdiction of the dispute, as renewal of records is a consequence of declaring illegal and cancellation of such order.

Cases of state registrars claims for revocation of orders of the Ministry of Justice (in particular, regarding the sanction applied to the plaintiff for violations) belong to the administrative jurisdiction.