In the 90s, the domestic legislative framework underwent several significant changes. In particular, the concept of real estate was returned to regulatory enactments . At one time it was excluded from Soviet law. This was due to the abolition of private ownership of real estate, including land, the announcement of their public domain and the prohibition of 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 was privatization. As a result, many forms of ownership began to appear, the market for objects was organized. At the same time, not only residential buildings and apartments participated in the civil turnover, but also complexes of buildings, enterprises, and other large structures. 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 circulation with guarantees of the inviolability of their interests and their protection. To achieve this goal, it was necessary not only clear legal regulation of transactions, but also the consolidation of rights to existing real estate. Thus, the optimal combination of the interests of the owners, the state and society should be ensured. One of the most important measures to maintain the inviolability of the interests of owners was the state registration of rights to real estate and transactions with objects.
The legislative framework
In accordance with the new rules, the state registration of rights to real estate is an obligatory procedure in the framework of civil circulation of objects. What it is? Here you should turn to the Law. It says that the state registration of rights to real estate is, first of all, a legal act recognizing and confirming the termination, transfer, encumbrance (restriction) or the occurrence of the opportunity to dispose of and own the property. This definition is recorded 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 no recognition or confirmation of legal possibilities. State registration of transactions establishes the fact of their conclusion.
Mismatch
The contradiction, which can be 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 fact is that the transaction acts only as one of the grounds for changing the rights to the property. However, it should be noted that the legislation is inconsistent. It manifests itself 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
The bodies that carry out state registration of rights to real estate and transactions with it, in any case, verify the validity of all securities submitted by the applicant. The procedure also includes the entry into the EGRP of their details and names. In this case, title papers act as an integral element of the registry. Passing the mandatory registration of the right to property, in fact, eliminates the need to record the transaction separately. The expediency of the latter today is generally questioned, which is recognized by a number of experts as completely justified.
The value of the procedure in civil circulation
Having passed the state registration of rights to immovable property, a person receives the only evidence that he has a legitimate opportunity to dispose and own the property. This fact can only be challenged in court. This means that the principle of the reliability of the procedure is enshrined in law. At the same time, the registered right itself can be challenged, but not a record of it. The main problem in determining the role of the accounting procedure in the field of regulation of relevant civil relations is its legal nature. The state registration of rights to real estate and transactions with it is performed by an authorized body (federal or territorial). This activity is administrative in nature and acts as an element of the mechanism for the implementation of executive power. In the performance of their functions, the bodies that carry out the state registration of rights to real estate express a public law interest. To do this, they are vested with special powers. Along with this, they act as an official authority, on the implementation of which the legitimate claims and interests of other entities that do not have power in the framework of these relations will depend on their actions. For example, disputes related to the state registration of rights to real estate and transactions with it are considered as arising from administrative legal relations. The legislation provides for corresponding liability for violations of the procedure and procedure.
Act of the authorized body
According to Art. 8, paragraph 1 of the Civil Code, it can act as the basis in accordance with which civil obligations and rights arise. In this case, logical questions arise. Can state registration of rights to real estate be considered such an act? Does this procedure serve as the basis for the termination, restriction or occurrence of legal opportunities regarding facilities? 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 duties and legal capabilities, property rights, obligations. The law also does not say that this procedure has such a “establishing” meaning. It follows from this that the legislator does not endow the act of the authorized body with the right-forming force. Nevertheless, the Civil Code stipulates cases when the occurrence of a legal opportunity to dispose and own an object is connected with the procedure. But both these and other norms speak about 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 study this problem draw attention to this contradiction. Thus, a number of authors indicate that, with a literal interpretation of some rules, it can be concluded that the rights existed earlier, before the applicant applied to the registration authority.
Authority of authorities
State registration of transactions and rights is performed by the Federal Service. It is subordinate to the Ministry of Justice. State registration of rights to real estate is also carried out at the MFC (Multifunctional Centers). These bodies are endowed with various powers. Among them:
- Carrying out state registration of rights to real estate and transactions with it in the manner and cases that are defined in the legislation of the Russian Federation.
- Coordination of work on the formation of accounting authorities, control over their activities.
- Ensuring compliance with the procedures for maintaining the Unified State Register, organization and functioning of the system of this registry in electronic form.
Nature of activity
The functioning of authorized bodies is carried out through the publication of legal acts that determine the termination, amendment or occurrence of legal relations regarding real estate. This activity includes a set of actions. They are aimed at checking the legality and validity of a registered right, as well as its recognition.
Main stages
The procedure for conducting state registration is established by law. According to paragraph 13, the procedure includes 5 stages:
- Acceptance of documents that are provided for registration of transactions and rights.
- Legal examination of securities.
- The establishment of the absence of discrepancies between the registered and claimed rights to the property and other grounds, in accordance with which the registration may be refused or the procedure may be suspended.
- Entering information in the Unified State Register.
- Making entries in title documents and issuing certificates.
Features
State registration is carried out by entering the relevant information into the Unified Register, taking into account transactions and real estate rights. Certification of the completed procedure is carried out by issuing a certificate to a citizen. When registering transactions and contracts relating to real estate, the certificate is performed by making a special entry in the paper, which expresses the content of the legal relationship. This may 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 bodies of state power or territorial self-government within their competence.
- Contracts and other securities indicating the conclusion in accordance with the legislation of transactions related to real estate.
- Judicial decisions that have entered into force.
- Certificate of inheritance.
- Other acts indicating the transfer of property rights to the applicant from the previous owner. They must be drawn up in the manner prescribed by law.
- Certificates on privatization of residential premises in accordance with applicable standards.
Important point
As one of the conditions for the implementation of state registration of real estate rights, the state duty is paid by the applicant. This payment must be made before the start of the procedure. In this case, a document that confirms the fact of payment (receipt) is attached to the application and other securities provided by the interested person. The amount of state duty for the implementation of 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, legislation allows the provision of necessary securities by a representative of an interested person. In this case, a power of attorney is required, which will indicate the availability of appropriate authority. This document must be notarized.