One of the established principles of Ukrainian civil law is the inexhaustibility of remedies of the civil rights and interests – their list and, accordingly, the possibility of applying them by a person and by a court are not limited to the normatively named remedies. This provision is directly embodied in Art. 16(2)(12) of the Civil Code of Ukraine, Art. 5(1) of the Civil Procedure Code of Ukraine and Art. 5(1) of the Economic Procedure Code of Ukraine, which provide for the protection by the court of the rights and interests of individuals and legal entities, state and public interests in the manner determined by law or contract. Such provisions may include the norm of Art. 26(3)(2) of the Law of Ukraine “On State Registration of Property Rights to Immovable Property and Encumbrances”, which provides, in particular, the termination of property rights to immovable property and their encumbrances as a result of the cancellation of the state registrar’s decision on state registration of rights on the basis of a court decision, recognition on the basis of a court decision as invalid or cancellation on the basis of a court decision of documents on the basis of which the state registration of rights was carried out, cancellation based on a court decision of the state registration of rights, which resulted in the state registration of the acquisition of real estate rights, encumbrances of real rights. At the same time, the given provision in several editions in recent years received a significantly different implementation in the law enforcement practice of Ukrainian courts and, accordingly, became the subject of discussions in scientific and analytical legal sources.

The purpose of the article is to study the Ukrainian judicial practice of annulment of the decision on state registration and annulment of the registration record and, on the basis of this, to form the alternative approaches to the understanding and application of the termination of the right of ownership as a remedies of the rights to real estate.

 On the basis of the conducted research, the author substantiates the effectiveness of the alternative to the adopted in the modern law enforcement practice of Ukrainian courts to the protection of rights to immovable property approach – by resorting to general remedies – termination of the right of ownership or filing a vindication lawsuit (claim of the non-possessing owner to the illegal owner for the claim of property), on the counterweight of imposing on the claimant an overly formalized and burdensome obligation to indicate in the statement of claim the requirement to cancel the decision of the state registrar or the record of the state registration of the right or encumbrance with the indication of all relevant details of such registration or record.

 It is claimed that this will not only simplify the protection of the mentioned rights and interests of individuals and legal entities, but will also correspond to the prescriptions of civil legislation regarding the possibility of court protection of civil rights and interests in the manner established by the contract or law or by the court in cases defined by law, as well as with tasks and principles of civil and economic justice.