Ensuring Public Reliability of Data from the Consolidated State Register of Real Estate: Issues of Theory and Practice

Abstract

The relevance of the article is determined by the fact that a state registration of rights in the Consolidated State Register of Real Estate is considered as the undoubted evidence of the existence of a registered right and is interpreted by the courts as a disputable presumption.The purpose of the article is to study judicial practice in order to understand the significance of the public reliability of CSRRE data.The objectives of the article are to analyze the current legislation of the state registration of real estate, determine the features of real estate, as well as identify legal mechanisms for disproving the reliability of CSRRE data.Methodology. In the article authors use scientific methods, such as analysis and synthesis, induction and deduction, description, formal-legal method.Results. The public reliability of a data of the CSRRE are established procedures for the implementation of state cadastral registration and (or) state registration of rights, as well as procedures for eliminating registry errors in the CSRRE. The question of the reliability of a data of the CSRRE concerns both the characteristics of real estate objects and the rights to them. For ensuring the reliability of a data of the CSRRE are also noted organizational and technical means.Conclusions. Based on the analysis of judicial practice, the author comes to conclusion that the courts demonstrate a clear understanding of the value of the public reliability of the CSRRE, which is legally provided by established procedures for the implementation of state cadastral registration and (or) state registration of rights, including the legal examination of the documents submitted for this purpose, as well as procedures for eliminating registry errors in the CSRRE, which can be implemented both by the decision of the state registrar of rights and on the initiative of interested persons in an administrative and (or) judicial procedure.