In article the order of further use of property on unclaimed shares of the citizens being at them stored is considered.
In connection with the become frequent addresses of heads of the enterprises – assignees of the reorganized collective agricultural enterprises (KSP) concerning further use of property on unclaimed shares of the citizens, being at them on x
In connection with the become frequent addresses of heads of the enterprises – assignees of the reorganized collective agricultural enterprises (KSP) concerning further use of property on unclaimed shares of the citizens, being at them stored, the Ministry of an agrarian policy of the Autonomous Republic Crimea explains.
Now in the republic work on issue of certificates on an ownership right on a property share of the member of collective agricultural enterprise is almost complete. As of 01.04.07 of the certificate received 183,3 thousand citizens (96,0 %) from 190,9 thousand having on this right, 7,6 thousand certificates (4,0 %) aren’t demanded by citizens. For the first quarter of the current year of the certificate claimed only for 45 citizens (0,02 %).
Point 15 An order of registration of right continuity according to obligations of the reorganized collective agricultural enterprises, the Ministry of an agrarian policy of Ukraine approved by the order from 14.03.01 to No. 63 registered in the Ministry of Justice of Ukraine 04.04.01g. for No. 306/5497 it is defined that the property for the sum of unclaimed shares remains on balance of legal entities – the assignees created in the course of reforming of KSP.
According to the additions brought in the above-stated Order by the order of the Ministry of an agrarian policy of Ukraine from 20.07.04 of No. 261 About the adoption of additions to the Order of registration of right continuity according to obligations of reorganized KSP, the enterprises – assignees of reorganized KSP should apply in accordance with the established procedure measures for search of owners (successors) of unclaimed property shares and ensuring their rights, including:
– to contain and protect property for the sum of unclaimed property shares;
– not less than two times a year to place information on the list of owners (successors) of unclaimed property shares in mass media, on a bulletin board rural (settlement, city) council in which territory there is a property;
– to allocate property in nature according to Order of distribution and use of property of the reorganized KSP, the approved order of the Ministry of an agrarian policy of Ukraine from 14.03.01g. to No. 62 registered in the Ministry of Justice of Ukraine by 04.04.01 for No. 305/5496, in case of identification of owners (successors) of unclaimed property shares.
For the solution of a question concerning property on unclaimed shares, in case of not identifications of owners (successors) to be guided by provisions of Art. 344 of the Civil Code of Ukraine according to which the person honestly taken control of another’s property and continuing openly, continuously to own fast estate within 10 years or personal goods – within 5 years, gets an ownership right on this property (priobretatelny prescription) if other isn’t established by the present Code.
The ownership right on the fast estate which is subject to the state registration, arises on priobretatelny prescription from the moment of the state registration.
The person declaring prescription of possession, can attach up the time of the possession all the time during which this property the person owned, whose successor (assignee) it is.
Thus to consider that the ownership right on priobretatelny prescription on fast estate, vehicles, securities is got by a court decision.
V. Izotov, head of department of settlement of the relations of a property.