Legal aspects of property registration in starosta districts: issues starostas should know

By Oleksandr Vrublevskyi, DESPRO expert consultant of the project on starostas’ activity and cooperation of hromadas

The amalgamated hromada is the successor of all property, rights and obligations of hromadas that amalgamated or joined an AH. In case of amalgamation, the AH becomes the successor from the day the powers are acquired by the village, settlement, city council, elected by this amalgamated hromada, and in case of accession – from the day of termination of powers by the village, settlement council of the hromada that joined the AH. I would remind you that in those villages and settlements, where the local self-government bodies of hromadas, that amalgamated, were located, starosta’s responsibilities before the election of starosta at the first election are performed by the person, who exercised the powers of the village, settlement head of the respective hromada prior to amalgamation, and in the hromada that joined the AH – by a former village, settlement head for the term of authority of the relevant AH council of the current convocation in accordance with the law (part 3 of Article 8, parts 1 and 3 of Article 83 of the Law of Ukraine No. 157-VIII “On Voluntary Amalgamation of Hromadas”).

It is clear that the former head, i.e. the current acting starosta, may be authorised to register real estate right in the hromada, that formed as a result of amalgamation or accession, as this real estate is located on the territory of the newly formed starosta districts. Indeed, the State Register of Real Estate Rights still has real property records assigned to those hromadas that are already part of the new AH, mostly as starosta districts. This publication gives overview of these and other related questions that concern state registration of real estate in starosta districts.

 

The full version is available in Ukrainian – please click HERE

10.01.2019 - 13:35 | Views: 3770
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Author: Олександр Врублевський

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