Law on state registration of rights to real estate and transactions with it

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

In the 90s, the domestic legislative framework underwent several significant changes. In particular, the concept of real estate was returned to the normative acts. At one time it was excluded from Soviet legislation. This was due to the abolition of private ownership of real estate, including land, declaring them public property and prohibiting their circulation.

New Order

One of the main predisposing factors that contributed to the fact that state registration of rights to real estate became necessary is privatization. As a result, many forms of ownership began to appear, and a market for objects was organized. At the same time, not only residential houses and apartments, but also complexes of buildings, enterprises, and other large structures participated in the civil circulation. Real estate transactions have become quite common and necessary. Today, without this turnover, it is difficult to imagine the normal development of the country's economy.

State registration of rights to real estate and transactions with it

This is a relatively new institution for the domestic regulatory sphere. Its appearance was due to the need to provide those involved in the turnover with guarantees of the inviolability of their interests and their protection. To implement this task, it was necessary not only to have a clear legal regulation of transactions, but also to secure the rights to existing real estate. Thus, an optimal combination of the interests of the owners, the state and society had to be ensured. State registration of rights to real estate and transactions with objects has become one of the most important measures to preserve the inviolability of the interests of owners.

Legislative Framework

In accordance with the new rules, the state registration of rights to real estate is a mandatory procedure within the framework of the civil circulation of objects. What it is? Here we must refer to the Law. It says that the state registration of rights to real estate is, first of all, a legal act that recognizes and confirms the termination, transfer, encumbrance (restriction) or the emergence of the opportunity to dispose and own the object. This definition is fixed in Art. 2 of the relevant Law. However, this concept cannot be applied to state registration of transactions. This is due to the fact that in this case there is neither recognition nor confirmation of legal possibilities. State registration of transactionsestablishes the fact of their imprisonment.

Mismatch

The contradiction that can be seen in the essence of the state registration of rights and transactions is associated with a fundamental difference between the object itself. Many experts believe this discrepancy is not accidental. The fact is that the transaction acts only as one of the grounds for changing the rights to the property. However, the inconsistency of the legislation should be noted. It manifests itself both in the fact that accounting is required only for certain types of transactions, and in the fact that a number of title documents are not recognized as an object of registration.

Accounting procedure: general information

Bodies that carry out state registration of rights to real estate and transactions with it, in any case, check the validity of all papers submitted by the applicant. The procedure also includes entering their details and names into the USRR. In this case, title papers act as an integral element of the register. Passing the mandatory registration of the right to property, in fact, eliminates the need to fix the transaction separately. The expediency of the latter today is generally questioned, which is recognized by a number of experts as quite reasonable.

Meaning of the procedure in civil circulation

After passing the state registration of rights to real estate, a person receives the onlyproof of his legal ability to dispose and possess the object. This fact can only be challenged in court. This means that the principle of reliability of the procedure is enshrined in law. In this case, it is possible to challenge the registered right itself, but not the record about it. The main problem in determining the role of the accounting procedure in the sphere of regulation of the relevant civil relations is its legal nature. State registration of rights to real estate and transactions with it is carried out by an authorized body (federal or territorial). This activity has an administrative nature and acts as an element of the mechanism for the implementation of executive power. In performing their functions, the bodies that carry out state registration of rights to real estate express public legal interest. To do this, they are given special powers. At the same time, they act as an official authority, on the actions of which the implementation of the legitimate claims and interests of other entities that do not have power within the framework of these relations will depend. For example, disputes related to state registration of rights to real estate and transactions with it are considered as arising from administrative legal relations. The legislation provides for appropriate liability for violations of the procedure for conducting and passing the procedure.

Act of the authorized body

According to Art. 8, paragraph 1 of the Civil Code, it can act as a basis in accordance with which civil obligations and rights arise. In this case, there arelogical questions. Can the state registration of rights to real estate be considered such an act? Does this procedure act as a basis for the termination, restriction or emergence of legal possibilities regarding objects? In this case, it is advisable to refer to the Civil Code.

GK Norms

The Civil Code does not mention that state registration acts as a general basis for the emergence of civil obligations and legal opportunities, property rights, obligations. The Law also does not say that this procedure has such a "establishing" value. It follows from this that the legislator does not endow the act of the authorized body with law-forming force. Nevertheless, the Civil Code provides for cases when the procedure is associated with the emergence of a legal opportunity to dispose of and own an object. But both these and other norms refer to the registration of rights that have arisen. This means that they act as an object. But for this they must appear before registration. Civilians who are studying this problem pay attention to this contradiction. Thus, a number of authors point out that, with a literal interpretation of some norms, it can be concluded that the rights existed earlier, before the applicant applied to the registration authority.

Powers of authorities

State registration of transactions and rights is carried out by the Federal Service. It is under the jurisdiction of the Ministry of Justice. There is also a stateregistration of rights to real estate in the MFC (Multifunctional centers). These bodies have various powers. Among them:

1. Carrying out state registration of rights to real estate and transactions with it in the manner and cases specified in the legislation of the Russian Federation.
2. Coordination of work on the formation of accounting bodies, control over their activities.
3. Ensuring compliance with the procedure for maintaining the USRR, the organization and functioning of the system of this registry in electronic form.

Nature of activity

The functioning of authorized instances is carried out through the issuance of legal acts that determine the termination, change or emergence of legal relations relating to real estate. This activity includes a set of actions. They are aimed at verifying the legality and validity of the registered right, as well as its recognition.

Main steps

The procedure for state registration is established by law. According to paragraph 13, the procedure includes 5 stages:

1. Acceptance of documents that are provided for registration of transactions and rights.
2. Legal due diligence of papers.
3. Establishing the absence of inconsistencies between the registered and claimed rights to the property and other grounds, according to which registration may be denied or the procedure suspended.
4. Entering information into the USRR.
5. Making entries in title deedsdocuments and issuance of certificates.

Features

State registration is implemented by entering the relevant information into the Unified Register, which takes into account transactions and rights to real estate. Certification of the performed procedure is carried out by issuing a certificate to a citizen. When registering transactions and contracts relating to real estate, certification is carried out by making a special entry in paper, which expresses the content of the legal relationship. It can be, for example, a contract.

State registration of rights to real estate: documents

To start the procedure, you must submit an application to the authorized body. In accordance with Art. 16 and 17 of the above Law, other papers must be attached to it. These include, in particular:

• Acts issued by public authorities or territorial self-government within their competence.
• Contracts and other papers indicating the conclusion of real estate transactions in accordance with the law.
• Judgments that have entered into force.
• Certificate of Inheritance.
• Other acts indicating the transfer of rights to real estate to the applicant from the previous owner. They must be drawn up in the manner prescribed by law.
• Evidence of the privatization of residential premises in accordance with current regulations.

Important moment

One of the conditions for the state registration of the right to real estate is the payment of the state duty by the applicant. This payment must be made prior to the commencement of the procedure. In this case, a document that confirms the fact of payment (receipt) is attached to the application and other papers provided by the interested person. The amount of the state duty for state registration is established by the Tax Code. The procedure for collection and subsequent transfer to the budget is determined by the Government Decree. You can submit a package of documents to the authorized body in person. Also, the legislation allows the provision of the necessary papers by the representative of the interested person. In this case, a power of attorney is required, which will indicate the availability of appropriate powers. This document must be notarized.