UDC

347.214.2

Authors

Shemetova Natalya Yuryevna
Bar Association of the Irkutsk Region (Irkutsk, Russia)

Abstract

This paper dwells on the legal nature of state registration of rights to immovable property and transactions involving it in the Russian Federation. The author points out why immovable property is considered separately from other types of property and describes how legal regulation of immovable property status is connected with clashes of public and private interests in it. Two aspects of state registration under the federal law “On state registration of rights to immovable property and transactions involving it” are analyzed in detail: the aspects establishing and confirming rights to registration, as well as returning the term “strengthening of rights” to legal use. Further, the paper investigates the content of registration publicity, in particular transparency of state registration of rights. The author distinguishes between the time of property right and the time of state registration, which may not always coincide. The paper also deals with the state registration of privatization contracts, both for residential and commercial property. Special attention is paid to the two-component legal nature of contracts of residential property privatization, which includes an act of the state (municipal) authority and registration in State Registries. The author looks into the nature of registration before the enactment of the Federal Law “On state registration of rights to immovable property and transactions involving it” performed by federal and state property agencies, land committees and similar institutions. Separate consideration is given to the rights that originated in the period since the above federal law came into effect and before State Registries (formerly – Federal Registration Service) were established in respective regions. The author finds it unreasonable to impose a separate fee for state registration of rights to immovable property that came into effect before the enactment of this federal law (the practice that had been used for five years) as this type of registration did not establish the right but only confirmed it.

Keywords

immovable property, state registration of rights to immovable property, transparency of information on state registration, notarization of real estate transactions, origin of the right of ownership, registration procedure

References

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