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

In the 1990s, the domestic legislative framework underwent several significant changes. In particular, the concept of real estate was returned to normative acts . In due time it was excluded from the Soviet legislation. This was due to the abolition of private property in real estate, including land, declaring them state property and prohibiting their turnover.

New order

One of the main predisposing factors that contributed to the need for state registration of rights to real estate is privatization. As a result of it, many forms of ownership began to appear, the market of objects was organized. At the same time, not only residential houses and flats, but also complexes of buildings, enterprises, other large structures participated in civil turnover. Transactions with real estate have become quite common and necessary phenomenon. 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 ensure the guarantees of the inviolability of their interests and their protection involved in the turnover. To realize this task, it was necessary not only a clear legal regulation of the implementation of transactions, but also the consolidation of rights to existing properties. Thus, the optimal combination of interests of owners, the state and society should be ensured. As one of the most important measures to preserve the inviolability of the interests of owners, state registration of rights to immovable property and transactions with objects began to act.

The legislative framework

In accordance with the new rules, the state registration of rights to immovable property acts as an obligatory procedure in the framework of civil property turnover. What it is? Here it is necessary to turn to the Law. It says that state registration of rights to immovable property is, first of all, a legal act that recognizes and confirms the termination, transfer, encumbrance (restriction) or the emergence of the possibility to dispose of and own the object. This definition is fixed in Art. 2 of the relevant Law. However, this concept can not be applied to the 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 transactions establishes the fact of their conclusion.

Nonconformity

The contradiction, which is seen in the essence of state registration of rights and transactions, is connected with the cardinal difference of the object itself. Many experts consider this discrepancy not accidental. The matter is that the transaction acts only as one of the grounds for changing the rights to the real estate object. However, it should be noted inconsistency of the legislation. It manifests itself in the fact that accounting is required only for certain types of transactions, and that a number of title documents are not recognized as an object of registration.

Accounting procedure: general information

The bodies that carry out state registration of rights to immovable property and transactions with it, in any case, verify the validity of all papers filed by the applicant. The procedure also includes entering in the EGRP their requisites and names. The title papers are an integral part of the register. Passage of 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 well-founded.

Significance of the procedure in civil circulation

Having passed the state registration of rights to immovable property, a person receives only evidence of having a legitimate opportunity to dispose of and own the object. This fact can be contested solely in the courts. This means that the principle of authenticity of procedure is legislatively fixed. In this case, you can challenge the self-registered right, but not an entry 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 the authorized body (federal or territorial). This activity has an administrative character and acts as an element of the mechanism for implementing executive power. In fulfilling their functions, bodies that carry out state registration of rights to immovable property express public and legal interest. For this they have special powers. At the same time, they act as an official authority, on whose actions the implementation of legitimate claims and interests of other entities that do not have power within the framework of these relations will depend. For example, disputes that relate to the state registration of real estate rights and transactions with it, are considered as arising from administrative legal relations. 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, he can act as the basis, under which civil duties and rights arise. In this case, there are logical questions. Is it possible to consider the state registration of rights to real estate such an act? Does this procedure serve as the basis for the termination, restriction, or emergence of legal possibilities for objects? In this case, it is advisable to refer to the Civil Code.

Norms of the Civil Code

In the Civil Code, there are no references to the fact 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 "fixing" value. It follows from this that the legislator does not endow the act of the authorized body with legal force. Nevertheless, in the Civil Code there are cases when the procedure involves the emergence of a legal opportunity to dispose of and own the object. But in these and other norms it is said about registering the rights that have arisen. This means that they act as an object. But for this they must appear before registration. The civilians who are studying this problem pay attention to this contradiction. Thus, a number of authors indicate that, with a literal interpretation of certain norms, it can be concluded that rights existed earlier, before the applicant applied to the registration authority.

Powers of bodies

State registration of transactions and rights is carried out by the Federal Service. It is within the jurisdiction of the Ministry of Justice. Also state registration of rights to real estate in MFC (Multifunctional centers) is carried out. These bodies have different powers. Among them:

1. Realization of state registration of rights to real estate and transactions with it in the manner and in cases that are defined 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 USRP, the organization and operation of the system of this register in electronic form.

Nature of activity

The functioning of authorized instances is carried out through the issuance of legal acts that stipulate the termination, modification 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 stages

The procedure for conducting state registration is established by the Law. According to clause 13, the procedure includes 5 stages:

1. Receiving documents that are provided for the registration of transactions and rights.
2. Legal examination of papers.
3. Establishment of the absence of discrepancies between the registered and claimed rights to the real estate object and other grounds, according to which registration can be denied or the procedure suspended.
4. Entering information into the Unified State Register of Enterprises.
5. Making records in title documents and issuing certificates.

Features

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

State registration of rights to real estate: documents

To begin the procedure it is necessary to file an application with the authorized body. In accordance with Art. 16 and 17 of the above-mentioned Law, it is necessary to attach other papers to it. In particular, they include:

• Acts that are issued by bodies of state power or territorial self-government within their competence.
• Contracts and other securities indicating the conclusion of transactions related to real estate in accordance with legislation.
• Judicial decisions that took effect.
• Certificate of the right to inheritance.
• Other acts indicating the transfer of property rights to the applicant from the previous owner. They should be drawn up in the manner prescribed by law.
• Certificates on the privatization of living quarters in accordance with current regulations.

An Important Moment

As one of the conditions for the state registration of the right to real estate, payment of the state duty by the applicant is made. This payment must be made before the procedure begins. In this case, the 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 the state registration is established by the Tax Code. The order of collection and subsequent transfer to the budget is determined by the Government Decree. You can personally submit a package of documents to the authorized body. It is also permitted by law to provide the required papers with a representative of the person concerned. In this case, you need a power of attorney, which will indicate the existence of the appropriate authority. This document must be notarized.