ЕВОЛЮЦІЯ МЕХАНІЗМУ ДЕРЖАВНОЇ РЕЄСТРАЦІЇ РЕЧОВИХ ПРАВ НА НЕРУХОМЕ МАЙНО В УКРАЇНІ

Abstract

The general articulation of the issue. State’s regulation of the development of housing infrastructure has undergone a number of institutional changes over the decades. In particular, the system of the state registration of real property rights has been constantly changing, which hasn’t been always positively reflected in the process of becoming an institution of the state registration of real property rights and their encumbrances. Identifying the trends of the formation of this institute would allow preventing possible risks and determining directions to increase the efficiency of its functioning. Issues of legal regulation of the state registration of real rights have been covered in the works by such scholars as M. Goncharenko, N. Zhuravsky, O. Pifko, V. Senchuk, S. Slobodyanyuk, N. Shkileva, I. Yaremova, etc. The purpose of the article is to study the evolution of mechanism of the state registration of real property rights and their encumbrances, and identification of trends in its development and transformation. The key results and the background. A system of different registers of the state registration of the title to land, which was imperfect, confusing and generated preconditions for corruption, was developed during the period of Ukraine’s independence. As of today, the State Register of Rights to Real Property is governed by the Ministry of Justice of Ukraine. Conclusions and the prospects of the further research. Our study shows that system of the state registration of real property rights and their encumbrances has evolved over time which resulted in the following changes: 1) during the period of 1991 and 2013 registration of rights over real property has been simplified, and the one holder of such register has been established; 2) citizens’ access to services, in particular through a one-stop shop complying with the EU standards has been improved; 3) information about all available rights and encumbrances on the real estate has been merged into the one register. Since the State Register does not contain data until 2013, it is extremely important to fill the State Register of Rights with information on the entire housing stock of the country, regardless of the construction period in order to improve mechanism of the state registration of the real estate rights. Therefore, improving the above-mentioned mechanism is extremely important. At the same time, the procedure for the state registration of the real estate rights and its encumbrances requires improvement while taking into account the development of new technologies and public needs, which should be the subject for further scientific exploration.