Implementing real property registration systems in the former Soviet Union

Abstract

Since the break-up of the former Soviet Union, many of the Newly Independent States (NIS) have been pursuing privatization of real property. Within these ‘countries in transition’ there are few mechanisms in place for the development of legislative and institutional infrastructures required to support the registration of real property rights and interests. In many of these countries, the recognition and understanding of the political, social and economic issues associated with real property ownership and the protection of the rights of those with interests in real property are lacking. Many NIS countries are not fully prepared for the significant changes in existing policies, legislation, and institutions that are required to implement a functioning real property registration system. Over the past 3 years, the authors have worked on real property registration projects in five NIS countries. Their collective experiences includes many phases of the system development life cycle. Within this paper, the legal, technical, institutional and financial issues associated with the various stages of developing real property registration systems in the NIS are discussed. Particular focus will be on developing workable solutions to the issues and problems encountered during development and implementation. Recommendations for the efficient use of human and financial resources are also presented.