In the 90s the domestic legal framework has undergone several significant changes.In particular, the regulations were returned to the concept of property.At the time, it was excluded from the Soviet legislation.It was connected with the abolition of private ownership of property, including land, the announcement of state property and the prohibition of their turnover.
new order
One of the main contributing factors that contributed to the fact that it became necessary to state registration of rights to real estate - it's privatization.As a result, she began to appear a variety of forms of ownership, the organized market facilities.In the civil turnover were not only homes and apartments, but also a complex of buildings, businesses, and other large structures.Real estate transactions have become quite common and necessary phenomenon.Today, without this turnover is difficult to imagine the normal development of the economy.
state registration of rights to immovable property and transactions with it
This is a relatively new institution for national regulatory sphere.His appearance was due to the perceived need to provide the guarantees involved in the turnover of the inviolability of their interests and their protection.To achieve this objective it was necessary not only to clear legal regulation of the transactions, but also securing the rights to existing properties.Thus was achieved the optimal combination of the interests of the owners, the state and society.As one of the most important measures of safeguarding the inviolability of interests of owners began performing state registration of rights to immovable property and deals with objects.
Legal Framework In accordance with the new rules, a mandatory procedure in civil turnover of acts state registration of rights to immovable property.What it is?It should refer to the Act.It is said that the state registration of rights to real estate - is, first and foremost, a legal act, recognize and affirm the termination, transfer, encumber (restriction) or the occurrence of possible dispose of and possess the object.This definition is fixed in Art.2 relevant laws.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 no recognition or verification of legal capacity.State registration of transactions establishes the fact of their detention.
mismatch
contradiction is seen in the fact of state registration of rights and transactions associated with the crucial difference directly to the object itself.Many experts believe this discrepancy is not accidental.The fact that the transaction serves only as a reason to change the rights to the property.However, it should be noted the inconsistency of legislation.It manifests itself in the fact that the inclusion is required only for certain types of transactions, and that a number of legal documents are not recognized as an object of registration.
accounting procedures: general information
body carrying out state registration of rights to immovable property and transactions with it, in any event check the validity of all papers submitted by the applicant.The procedure also includes an entry in the Unified State Register of details and names.Constitutive paper at the same time act as an integral part of the registry.Compulsory registration of property rights, in effect, eliminates the need to separately record the transaction.The feasibility of the latter generally being questioned today, is recognized by a number of experts well-founded.
value treatments for civilian purposes
After the state registration of rights to immovable property, the person gets only evidence of his legal possibility to dispose of and possession of the object.This fact can be challenged only in court.This means that the law enshrines the principle of reliability of the procedure.This challenge can be registered itself the right, but not record it.The main problem in defining the role of the accounting procedures in the field of regulation of the corresponding civil relations in favor of its legal nature.The state registration of rights to immovable property and transactions with it executes the competent authority (federal or territorial).This activity has an administrative character and acts as an element of the mechanism of realization of executive power.In fulfilling their functions, the organs that carry out state registration of rights to immovable property, expressed public interest law.For this, they are endowed with special powers.At the same time, they act as an official body, the actions of which will depend on the realization of the legitimate aspirations and interests of other entities that do not have the power in the relationship.For example, disputes that are related to state registration of rights to real estate and transactions with it are treated as arising from administrative legal relations.The legislation providing for the liability for violation of the order and conduct of the procedure.
Act authorized body
According to Art.8, para. 1 of the Civil Code, he can act as a base, according to which there are civic duties and rights.In this case, a logical question arises.Can we consider the state registration of rights to immovable property such an act?Speaker whether this procedure as the basis of the termination, limitation or any legal options with respect to objects?In this case, it is advisable to refer to the Civil Code.
Standards GC
The Civil Code does not mention that the state registration serves as a common foundation of the emergence of civil duties and legal capacity, property rights, obligations.The Act also states that the procedure is a "set" value.It follows that the legislature does not confer an act of the authorized body lawmaking powers.Nevertheless, the Civil Code provides for the cases when the procedure for the emergence of the legal possibility to dispose of and possess the object.But in these and in other regulations referred to registration of any rights.This means that they act as an object.But for that they must appear before the registration.In this contradiction pay attention jurists who study this problem.Thus, a number of authors point out that a literal interpretation of certain provisions can be concluded that the right existed before, before the applicant applied to the registrar.
Powers of state registration of rights and transactions carried out by the Federal Service.It is subordinated to the Ministry of Justice.Also carried out the state registration of rights to immovable property in MFC (Multifunctional Center).These bodies are endowed with different powers.Among them:
- the state registration of rights to real estate and transactions with it in the manner and cases defined in the legislation of the Russian Federation.
- coordinate the formation of accounting, control over their activities.
- Enforcement order USRR reference, organization and operation of the registry system in electronic form.
Nature of Operation
authorized authorities carried out through the issuance of regulations which stipulate the termination, or change the appearance of legal relations concerning real estate.In this activity included a set of actions.They focused on the legitimacy and validity of registered rights and recognition.
Main stages
procedure of state registration established by law.According to para. 13, the process includes 5 steps:
- Reception of documents that are provided for the registration of transactions and rights.
- Legal examination papers.
- Establishment lack of discrepancies between registered and claiming the property and other grounds, according to which may be denied or suspended the registration procedure.
- An entry in the Unified State Register.
- Adding entries in the documents of title and issuance of certificates.
Features
State registration is realized by entering the relevant information in the Unified Register, taking into account the transaction and property rights.Certification procedures performed is done by issuing a citizen certificate.When the registration of transactions and contracts relating to immovable property certificate is performed by making a special entry in the paper, which expresses the content of the legal relationship.This could be, for example, a contract.
state registration of rights to real estate: the documents
To start the procedure you need to apply to the authorized body.In accordance with Art.16 and 17 of the above Act, it is necessary to attach and other papers.These include, in particular, include:
- Acts are published bodies of state power and local self-government within their competence.
- contracts and other papers pointing to the conclusion in accordance with the legislation of the transactions related to real estate.
- Judicial decisions which have entered into force.
- certificate of inheritance.
- Other acts that indicate the transfer of property to the applicant by the previous owner.They must be drawn up in accordance with the legislation.
- Certificate privatization of residential premises in accordance with current regulations.
important point
As one of the conditions of the state registration of property rights in favor of state duty payment by the applicant.This payment must be made prior to the procedure.In this document, which confirms the payment (receipt), attached to the application and other securities, provided the person concerned.The amount of registration fee for the performance of state registration established by the Tax Code.The procedure for collection and subsequent transfer to the budget is determined by Government.Post documents to the authorized body can be in person.Also, legislation may be required to provide papers representative of the person concerned.In this case, a power of attorney, which will indicate the presence of the relevant authorities.This document must be notarized.
