State Registration Of Rights Research Articles

Functioning of the real property register in Ukraine during the period of marital status

Today, all information on real property rights and their encumbrances and restrictions is entered into a single register - the State Register of Real Property rights and their encumbrances. The Register of Rights will now include information not only about rights to buildings and structures, but also about rights to land plots. The article examines the process of State registration of rights to immovable property and continuous operation of the register during the period of martial law in Ukraine. One of the types of administrative process is the registration proceeding, which covers a wide range of social relations, the participants of which are, on the one hand, executive power bodies and their officials, and on the other hand, natural or legal entities. In the circle of these relations, a system of regulatory and legal acts is being built, detailing the registration procedural relations that were worked out during the writing of this scientific work. Having analyzed the peculiarities of the work of state bodies in war conditions, problems in the activity of the Register of Property Rights to immovable property and the connection between the high-quality work of the register and the protection of the owner's rights to his/her property have been identified. Since the economy of the state nowadays should work better than ever, this question is quite relevant. Today, unfortunately, there are circumstances that cannot be regulated at the state level, planned or minimized. Namely, "air alarms", "damage to energy systems", "damage to means of communication" and the unstable psychological state of the citizens. A number of changes that took place in the legislation over the last period in connection with the beginning of the full-scale invasion of Ukraine were described. The article will examine the mechanism of the Register of Real Property Rights in wartime conditions, identify the weak points of the system, and suggest possible ways of improvement

The control over compliance with contractual preemptive rights

The article focuses on the conditions and grounds for conducting the formal preliminary legal due diligence of a contract as to respect of the preemptive right, which had been granted by one of the parties to a stranger under an agreement. This legal due diligence may be hypothetically examined during state registration of rights or notarization of transactions. According to theory of law, reasons to do thus are scientific concepts of the general duty not to interfere with others' plans. Such plans may include an agreement under the terms of which one of the parties gets a preemptive right in relation to certain property. This contractual right ensures the entitled party that he/she may preclude the legal implications of agreements between the other party and the strangers (interveners). If these persons knew or should have known of the preemptive right and entered into an agreement, which is inconsistent with that right, such agreement shall be considered as invalid and therefore cannot be notarized and cannot be subject to state registration

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

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.

Characteristics of State Registration of Rights to Real Estate on the Territory of the Republic of Crimea in 2014-2022

Characteristics of State Registration of Rights to Real Estate on the Territory of the Republic of Crimea in 2014-2022

РАЗВИТИЕ ЗЕМЕЛЬНЫХ ОТНОШЕНИЙ В РФ С УЧЕТОМ ТРАНСФОРМАЦИИ КАТЕГОРИРОВАНИЯ, ОЦЕНКИ И КАДАСТРА ЗЕМЕЛЬ

In the context of the strategic priorities of the state program on the national spatial data system in the Russian Federation, the issue of comprehensive study of land resources from the point of view of improving their condition and correct management decision-making is being updated. The purpose of the work is to substantiate the study of theoretical and practical aspects of land relations, to identify problems arising in the process of assigning a category to lands, their cadastral valuation and cadastral works. The article uses general scientific methods; graphical interpretation of the data to ensure the reliability of the results of the study. Proposals are given on systematization, collection, processing and consolidation of data; provision of services in the field of state cadastral registration of immovable property and state registration of rights to it; improvement of the process of determining cadastral value in order to increase the efficiency of taxation and development of territories.

Қазақстан Республикасындағы электрондық сауданы дамыту тенденциялары мен проблемалары

Зерттеудің мақсаты блокчейн технологиясының негізінде электрондық сауданы іске асыруға байланысты смарт-келісімшарттарға қол қою мен мұндай келісімшарттар жасауда ЭЦҚ арқылы қол қою мен дербес деректерді қорғауды қамтамасыз етудің проблемалық аспектілерін талдау. Мақалада электрондық шарттарды мемлекеттік тіркеуге және дербес деректерді қорғауға байланысты республикамыздағы электрондық сауданы дамытуда бүгінгі күні байқалатын негізгі үрдістер мен проблемалары қарастырылған. Зерттеу әдістері ретінде талдау және синтездеу, тарихи, формальды-логикалық сияқты ғылыми ізденістің жалпы әдістерімен қатар, салыстырмалы-құқықтық зерттеу, модельдеу сияқты жеке әдістері де қолданылды. Айтар болсақ, жылжымайтын мүлікті тіркеу, «блокчейн» технологиясы арқылы ЭЦҚ-ны қолдануда дербес деректерді қорғауды қамтамасыз етудің қызметтері талданып, моделі әзірленді. Зерттеу барысында төмендегідей нәтижелерге қол жеткізілді: а) блокчейн технологиясының механизмі зерделеніп және оны қолдануда туындайтын қоғамдық қатынастардың осы саласын құқықтық реттеудегі объективті қиындықтары анықталды; ә) Қазақстан Республикасының электронды нысандағы мәмілелерді жасау мен орындауды реттейтін негізгі нормативтік актілері талданды; б) жылжымайтын мүлікті тіркеуде блокчейн технологиясын қолданудың шетелдік тәжірибесі зерделенді; в) Қазақстандағы сандық технологияларды құқықтық реттеу талданып, смарткелісімшарттың тұжырымдамасы айқындалды; г) смарт-келісімшарттардың орындалуын қамтамасыз етудің ерекшеліктері айқындалды; д) ЭЦҚ-ны қолдануда дербес деректерді қорғауды қамтамасыз ету кезінде негізгі проблемалық аспектілер зерттелді. Мақаланың қорытындысында осы процестерді заңнамалық реттеу мақсатында нормативтік құқықтық актілерге, соның ішінде «жылжымайтын мүлікке құқықтарды мемлекеттік тіркеу туралы» Заңға толықтырулар мен өзгерістер енгізу ұсынылған.

CERTAIN ISSUES OF THE STATE REGISTRATION OF A TERMINATION OF RENTAL PROPERTIES

Abstract: one of the conditions of a proper functioning of a registration system, which involves a minimum procedural burden of members of civil relations, is a comprehensive and consistent legal regulation of the State registration of rights on real estate. The article focuses on the issue of a lack of proper regulations for the State registration of termination of lease. Consideration is given to the necessity of the State registration of termination of registered rental agreement and its influence on determination of the moment of termination and the amount of expenses for appeal to the registering body. The article raises the issue of the unsettled State registration procedure for termination of lease. The question of the circle of persons, on whose behalf this kind of State registration is carried out, is analyzed. The need to close identified gaps in legal regulation by making relevant amendments in current legislation is explained.

Peculiarities of the protection of land rights violated in the process of performing registration actions

The article is devoted to the problem of ensuring the protection of land rights violated in the process of performing registration actions, its forms and features. Modern legislation in the field of state registration is analyzed in detail. The main focus of the article is on modern protection problems in the field of state registration of the rights of subjects of land relations. The article states that the state registration of the rights of individuals and legal entities is a separate important area of ensuring the guarantees of these rights of subjects. The relevance of this issue in modern conditions is emphasized. Emphasis is placed on the complexity of legal regulation of land registration relations. Scientific works of scientists on solving the specified problem are given. It is emphasized that the evasion of citizens and legal entities from the state registration of land plots in accordance with the Land Code of Ukraine is one of the violations of land legislation. It is noted that the land rights of citizens and legal entities may be violated in the process of registration activities by authorized persons in the sphere of exercising their respective powers and require protection and restoration. The legal position of subjects exercising powers in the field of state registration of rights is studied, a separate place in the article is devoted to state registrars of rights to real estate. The administrative and judicial procedure for the protection of violated rights in the specified area as a result of decisions, actions or inaction of the relevant officials has been analyzed.
 It is emphasized that the peculiarity of the protection of land rights of citizens and legal entities is due to the fact that the state registration of land plots precedes the state registration of rights to land plots. The lack of state registration of a land plot does not allow registering the relevant property right to it. It is emphasized that the protection of rights consists in the elimination, recognition as illegal (invalid) of decisions, actions and inaction of officials who exercise powers in the field of state registration of land plots and rights to them. Ways of protecting land rights in court are analyzed.

Legal problems when performing registration actions in the aspect of registration of rights to land

The article identifies and characterizes the main legal problems when performing registration actions in the aspect of registration of rights to land plots. The character, legal nature and subject composition of social relations arising from the registration of property rights to land plots are defined. In particular, it has been proven that such relations have the characteristics of public law, since they ensure national interests in the field of land legal process, arise on the basis of legal norms established by the state, and the legal procedure of state registration is fixed at the regulatory level.
 The purpose of state registration of rights to land plots is defined. It is indicated that the state registration of land rights plays an important role in the regulation of land relations, as it acts as a state-recognized means of notifying an indefinite circle of subjects about the emergence of a property right to a land plot.
 The main legal features of land registration activity are formulated, which include, in particular, formalization, fixedness and phasing. The constituent elements of land registration activity are defined.
 An analysis of the procedure of state registration of rights was carried out, on the basis of which the main problems arising in practice during registration actions were outlined and ways to overcome them were proposed.
 The cases of violations by state registrars of their official duties, provided for by legislation, during the state registration of property rights to land plots, as well as the legal consequences of such violations, were investigated.

The phenomenon of dormant inheritance in inheritance law

The article is devoted to clarifying the essence of the phenomenon of dormant inheritance in inheritance law. It has been concluded that the right of ownership of the inherited property is acquired by the heir retrospectively from the time the inheritance was opened, regardless of the legal regime of the inherited property. However, until the moment of state registration of the right of ownership, the heir is limited in his/her ability to dispose of the inherited real estate, in particular by alienating it. However, this limitation does not at all indicate that the heir has not acquired the right of ownership of the inherited property. The heir can transfer the inherited property to management, enter into an agreement on changing the size of shares in the inheritance.
 It is emphasized that a necessary condition for the emergence of the right of ownership of the inheritance is its acceptance by the heir in the manner and terms determined by civil legislation.
 The theory of splitting the ownership of inherited property is analyzed, according to which the emergence of the right of ownership of hereditary movable property is associated with the time of the opening of the inheritance, and for immovable property – with the date of state registration of rights to it. The contentiousness of the theory of splitting the ownership of inherited property is substantiated due to its inconsistency with the construction of universal legal succession.
 The phenomenon of dormant inheritance characterizes the actual state of the objects of inheritance from the time of the opening of the inheritance to the moment of its acceptance by the heir. Legally, such an interval of the state of statelessness of property does not exist, taking into account the rule of retroactive acceptance of inheritance established in the law. Thus, according to part 5 of article 1268 of the Civil Code of Ukraine, regardless of the time of acceptance of the inheritance, it belongs to the heir from the time of opening the inheritance, that is, from the moment of the death of the testator or his/her declaration as deceased. It is emphasized that the provision on retroactive acceptance of inheritance is a legal fiction.

Инновационные технологии в решении проблемы кадастрового учета и государственной регистрации прав на объекты недвижимости

The article touches upon the topical issue of the development of a unified state system of registration of rights and cadastral registration of real estate. An analysis of the current system was carried out, through which measures were proposed to improve the unified state system of registration of rights and cadastral registration of real estate, an assessment was made of the proposed changes. The main purpose of this study is to identify innovative technologies in solving the problems of maintaining the USRN and the State Property Book and to develop recommendations for their solution. Based on the analysis and evaluation of the data obtained, we formulated the main problems of the existing system of registration of rights and cadastral registration of real estate. The practical significance of the article lies in the development of recommendations for the use of innovative technologies in solving the problems of cadastral registration and state registration of rights to real estate.

Guarantees of the Right to Housing: A Comparison of Syrian and Russian Legislation

The paper is devoted to the topical problem in civil law in Russia and Syria, i.e., the right of ownership of residential premises, its registration and methods of protection. The paper presents the results of a comparison of regulatory support and the procedure for state registration of rights to housing in Russia and Syria. Similar and distinctive features are defined, urgent issues of the legislation are revealed. The author formulates proposals for amending the Syrian legislative framework in order to improve the process of registering the right to housing, taking into account the Russian experience. In particular, it was concluded that the Syrian legislation needs to be supplemented with rules governing the right of ownership and other real rights to real estate associated with residential premises. Certain legal provisions can be borrowed from the Russian law. In addition, issues of ownership, especially for residential real estate, should be regulated by special rules due to the essentially special status of residential premises in comparison with other real estate objects. It has been established that the current Syrian Civil Code does not adequately regulate issues related to ownership and registration of rights to residential premises. For this reason, the author believes that there is an urgent need to develop housing legislation in Syria. It is necessary to develop special provisions that would deal specifically with the rights to residential premises.

Technology of three-dimensional laser scanning of real estate objects (3D modeling) in cadastral activities

Laser scanning in cadastral activities is a tool for obtaining information about real estate objects in a 3D format. The purpose of the research is to obtain information that is necessary for state cadastral registration and state registration of rights, land supervision and local government oversight. Deductive, inductive, analytical, comparative-legal and other scientific methods were used for the most complete coverage of the problem. The article considers the procedure of laser scanning, shooting modes when using laser scanning and the process of a real estate object 3D model creation. The methods of scanning were studied, namely: terrestrial, airborne and mobile. The greatest attention is paid to the advantages and features of using laser scanning technologies for real property. The results of the study showed that the laser scanner can be used not only in geodesy for engineering surveys, 3D modeling of quarries, when obtaining data on the volume of rock, during mining, assessing the situation in an emergency, but it can also be used in cadastral and complex cadastral works. The main attribute of laser scanning is a three-dimensional representation of data about the object, which can be immediately used, but the high accuracy and low labor costs are no less important. Therefore, three-dimensional laser scanning technologies can be used both in the creation of models of cities, and the unified cartographic basis of the Unified State Register of Real Estate, as well as in valuation activities during the taxation of buildings and structures.

THE MODERN APPROACHES TO THE DEFINITION OF THE REAL ESTATE

The article discusses the existing approaches to the definition of real estate. Along with the traditional signs of real estate fixed in the legislation, namely: a strong connection with the land, the need for state registration of rights, there are other signs of real estate. Additional features include a stable connection of real estate with the territory of the Russian Federation, which allows us to explain the extension of the real estate regime to ships and aircraft, as well as other features. The emergence of new types of real estate in the legislation requires improving approaches to the legal regulation of rights to real estate and transactions with it.

Notarization of Electronic Transactions: Digital Technologies

The relevance of the study. The article considers the legal possibility of notaries making (certifying) electronic transactions using digital technologies. A sufficient level of guarantees of the rights of the parties to electronic transactions is achieved only with the participation of a notary by notarizing documents that acquire the highest evidentiary value. This allows ensuring and protecting the rights of persons in civil circulation as much as possible and avoiding entering into a transaction with defects of will or content. With the development of legislation, electronic document management, the modern legal system, and the legal culture of the population, appeal to the notary as a body through which the state ensures the protection of personal and property rights and freedoms of citizens becomes popular. Various forms of improvement make the notary more accessible to the population of the country.Purpose of the article. The purpose of the article is to study the legal nature and features of electronic transactions certified by notaries, as well as the guarantees of legality and responsibility of the notary for conducting electronic transactions, which certainly increases the security of the parties to the transaction and simplifies (in terms of time and number of documents required for the collection) the transaction itself. The article examines the principles of notarization of electronic transactions in the aspect of a general theoretical and legal understanding of the nature and essence of notarial actions on the example of the legislation of the Russian Federation, as well as some European countries.Methods. The leading method of studying the problem was the deductive method, which allowed studying the legal nature, role, and place of the institute of notarization of electronic transactions in the aspect of digitalization of modern society and the state. System analysis, historical method, induction method, etc. were used as well.Results. The article concludes that the registration authority is not responsible for the content of the transaction (including those made electronically), in contrast to the notary, who checks the electronic transaction, its legality, admissibility, and correctness in the preparation of all necessary documents and signs (certifies) the documents with his/her qualified electronic signature. Both systems (notarization of electronic transactions and state registration of rights) are designed to ensure and protect the legitimate interests and rights of citizens in the field of property relations. The notary, with the introduction of the possibility of electronic transactions, also provides the most convenient, reliable, and fast interaction with the state bodies of participants in civil turnover.

The reasons for suspension the state cadastre accounting and state registration of rights to real estate objects in Krasnodar territory. Part I

The article notes that one of the indicators of the effectiveness of the territorial bodies of Rosreestr is the share of decisions made to suspend the implementation of state cadastral registration and (or) registration of rights, the reasons of which may be, directly or indirectly, related to non-compliance with the requirements of the legislation, for example, in the process of cadastral works. The article contains a statistical analysis of the reasons for suspension the state cadastral registration in Krasnodar Territory for 2017-2019, associated with non-compliance with the requirements of modern legislation in terms of cadastral registration and registration of rights to real estate.

LEGAL ASPECTS OF LAND FORMATION UNDER REAL ESTATE OBJECTS

Given the provisions of the existing regulatory framework, contributions and achievements in the development of modern land management, it can be noted that the current outline of legal features of land and real estate, the presence of significant gaps and unresolved issues need to clarify these problems and find effective practical measures. The purpose of the article is to study the existing regulatory requirements for the acquisition of ownership of real estate in combination with ownership of land. The article examines the existing regulatory requirements for the acquisition of ownership of real estate in combination with ownership of land. The paper analyzes modern approaches to obtaining the right to land under real estate in Ukraine. The procedure for assigning a cadastral number before the alienation of real estate is determined; schemes of land formation under the real estate object; the procedure for state registration of real estate rights and the grounds for refusal of it and others are determined. The order, principles, requirements and regulatory documents at formation of the ground area under real estate objects are offered. The article considers the peculiarities of assigning a cadastral number to the land plot on which the residential building is located. It is noted that the state registration of land plots is carried out at their location by the relevant state cadastral registrar. It is determined that the acquisition of the right to a person's share in the ownership of a residential building, building or structure under the contract as a result of state registration of rights is a fact of acquisition of real estate. The norms specified in the article establish the general principle of integrity of the real estate object with the land plot on which this object is located. According to these norms, the definition of land rights is directly dependent on the ownership of the building and structure. The provisions developed in the article will increase the efficiency of land use and real estate by defining regulations on their mutual influence.

Защита прав собственности юридических лиц на недвижимость: обязательственные способы

This article reveals the features of obligatory ways of protection of the rights of privacy to immovable property of legal entities from the perspective of the established judicial practice. The importance of this problem is conditioned by the basic nature of the property right as the basis of property turnover in the state and legal guarantees of protection of rights, freedoms and legal interests of legal entities to immovable property, among which the judicial procedure of protection of rights of legal entities is one of the ways of not prohibited and practiced. The purpose of this article is to identify the features of invalidation of the transaction and the application of the consequences of invalidity, as well as the recognition of invalidation of the act of state registration of rights to immovable property of legal entities, including challenging the registered right to immovable property of legal entities. To achieve this goal, the author formulates the following tasks: identification of specifics of obligatory ways to protect the rights to immovable property of legal entities.

PROBLEMAL ASPECTS OF ACTIVITY OF THE REGISTER OF PROPERTY RIGHTS ON REAL ESTATE IN UKRAINE

Property is one of the central institutions of economic relations. Namely, real estate remains one of the main means of preserving and accumulating capital. Due to the importance of real estate in public relations, any state needs to establish a special regime of legal regulation of relations related to this area. The existence of real estate in the legal field implies the need for state registration of the emergence and transfer of ownership of real estate. Problems that arise during the State registration of rights to immovable property and further work with the register complicate the process of free possession, use and disposal of their property. The stability of the economic situation in Ukraine depends on the confidence of citizens in protecting their property rights. Recently, the process of state registration of real estate rights has been constantly reformed. It is not the essence of registration actions that changes, but the names of the bodies that conduct them and the powers of these bodies. This situation does not improve the process of property registration for owners. The article examines the problems that arise during the State registration of rights to real estate and further work with the register. After analyzing these problems in the activities of the Register of Real Property Rights, a connection was established between the quality of work of the register and the protection of the rights of the owner of his property. Since the stability of the economic situation in the country depends on the protection of citizens’ property rights, this issue is quite relevant. Today, unfortunately, there are still a large number of problematic aspects that need to be analyzed and refined at both the legislative and practical levels. The article will suggest possible ways to improve the system of registration of real property rights to ensure the protection of real estate in Ukraine.

On the need to reform the legislation on state registration of rights to immovable property and transactions with it by imposing on state bodies the obligation to state registration of preliminary contracts for the purchase and sale of immovable property

On the need to reform the legislation on state registration of rights to immovable property and transactions with it by imposing on state bodies the obligation to state registration of preliminary contracts for the purchase and sale of immovable property