scholarly journals PRINCIPLES FOR STRENGTHENING REAL ESTATE RIGHTS

2020 ◽  
Vol 16 (4-1) ◽  
pp. 199-211
Author(s):  
Петр Клец

The actual task underlying the state registration of rights is the implementation of the principles of strengthening rights. These rights are a guarantee that the implementation of registration actions to recognize and confirm the occurrence, change, transfer and termination of rights in the state register of immovable property will not be subject to arbitrary interpretation. Strict observance of the principles is aimed at ensuring the inviolability of state register data as an information resource, their availability, legality and reliability. Purpose: to study the norms of law that provide for the implementation of the principles that guarantee security of real estate transactions, the responsibility of the registration authority, the legality of the information provided. According to the author, the presence of other registers containing information on real estate erodes the meaning of the state register of real estate as a single set of reliable information. Introduction of digitalization elements into the state registration of rights, i.e. the introduction of a mechanism for intelligent automated analysis of submissions makes it possible to employ a minimum number of Rosreestr (the Federal Service for State Registration, Cadastre and Cartography) employees. Methods: the research is based on methods of analysis, synthesis, description, classification and comparative legal. Results: the author analyzes the principles enshrined in not only civil legislation, but also having a doctrinal interpretation. His opinion is expressed regarding the practical significance of some of them.

2020 ◽  
pp. 9-12
Author(s):  
Nataliia MARTYNIUK

The paper is devoted to the coverage of the category of administrative procedure for the provision of public services for state registration of real rights to immovable property. The categories «stage», «administrative procedure for the provision of public services» and «stages of the administrative procedure for the provision of public services» are compared. A description of the stages of the procedure for providing public services for state registration of real property rights is given. It is emphasized that the administrative procedure for state registration of real property rights has consisted of the following stages: 1) submission of applications and documents to it includes actions such as acceptance and verification of documents submitted for state registration of rights and encumbrances; application registration, etc.; 2) consideration of the case or investigation of all circumstances related to the provision of public service; 3) making a decision on the provision of public service for state registration of real rights to immovable property; 4) making entries in the state register of rights to provide public services for state registration of real rights to immovable property; 5) issuance of documents for the provision of public services for state registration of real rights to immovable property. Attention is drawn to the fact that the main tasks of the stage of acceptance and verification of documents for public services submitted for state registration of rights and their encumbrances stage are: verification of documents on payment of administrative fees for public services and extraction from the State Register of Rights; acceptance of applications and documents required for state registration of rights; registration of the application in the database on registration of applications and inquiries; verification of documents for compliance with general requirements.


2020 ◽  
Vol 3 (2) ◽  
pp. 106-112
Author(s):  
Evgeny I. Avrunev ◽  
Valeria V. Vylegzhanina ◽  
Ilgiz A. Giniyatov

The article proposes to introduce additional control over the performance of cadastral works in relation to previously recorded land plots (PRLP), which will be carried out by the registration authority. The proposed measure is based on the requirements of the current land legislation in relation to the discrepancy between the actual and declared area of PRLP and the location of its borders. The proposed measure, first of all, should be of a preventive nature and serve to prevent illegal actions by participants in civil turnover in the field of land relations, and also allow to enter in the Unified State Register of Real Estate (USRRE) up-to-date and reliable information about the borders and areas of PRLP. This is especially true for PRLP located in the territories of garden and horticultural societies, as well as in the territories of settlements and provided for individual housing construction and maintaining personal subsidiary plots, which were put on the state cadastral register on the basis of existing documents of title and for which in the USRRE there is no information about the boundaries.


2019 ◽  
Vol 7 ◽  
pp. 269-275
Author(s):  
Polina Rybalko ◽  
Natalia Mitrofanova

This article lists the current problems of maintaining the Unified State Register of Real Estate, as well as state cadastral registration and state registration of rights. Considered ways to solve actual problems. Attention is focused on cadastral and registry errors, the reasons for their occurrence, classification and corrections in the information of the Unified State Register of Real Estate.


2021 ◽  
Vol 937 (4) ◽  
pp. 042071
Author(s):  
K V Tikhonova ◽  
Yu S Solovyova ◽  
V S Geydor ◽  
D A Tikhonov

Abstract 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.


Author(s):  
Ihor Binko ◽  

The article examines different views on the state registration of real property rights, in particular, indicates that such a process is interpreted by scholars in terms of administrative law as: a type of administrative proceedings or as an institution of law and legislation, or as an administrative service, and in some cases as the way the state performs administrative functions. It is noted that the state registration of rights to real estate especially ownership rights, can be an institution of administrative and civil law or be considered an interdisciplinary institution. In the part in which it is an institution of administrative law, the question arises, to the substantive, ie specifically administrative law or procedural, ie administrative procedural law, this institution can be attributed? Public - legal direction, as well as the legal properties that are endowed with state registration of rights allow us to speak about a certain uniqueness of its public law essence. It plays a special role in private legal relations as a legal mechanism for the emergence, transfer and termination of rights. It is noted that while civil law uses the main dispositive method of legal regulation of civil relations, the studied relations are regulated by the method of imperative prescriptions, in particular imperative are the rules of civil law, which establish the need for state registration, as well as administrative law of procedural nature. It is stated that as part of administrative law the institute under study belongs to its special part, which contains normative material and theoretical provisions governing a particular type of homogeneous social relations, including subsectors and legal institutions, service law, municipal law, administrative law, administrative procedural law.


Author(s):  
V.V. Pavliuk ◽  
◽  
N.S. Kovalchuk ◽  

Strawberry is the most spreaded small fruit crop in many countries. In Ukraine sn 2018 this crop total area was 8.3 thus. ha, among them 7.9 thus. ha fruit-bearing in all the categories of farms. The gross berries output was 62.3 thus. tons, the average yield being 7.7 t/ha. The Dutch bank «Rаdobank» carried out in April of 2016 the researches on the small fruit production in Europe and revealed that strawberry even now is the most popular small fruit crop. The strawberry Ukrainian and foreign cvs and elite forms were studied applying the methods of the primary strain inves-tigation and state strain testing in the small fruit patches planted in2012-2016 under the field conditions of the Northern part of the Ukraine’s Lisosteppe, namely: at the Institute of Horticulture NAAS of Ukraine. The varieties – standards were the Ukrainian Hercules, English Elegance, Dutch Elsanta and Italian Alba. As a result the new middle-ripening Ukraini-an cultivar Perlyna was selected as the best according to its signs. Perlyna was obtained by means of the intervarietal hybridization (cvs Present and Elsanta) sn 2004. The authors are V.V. Pavliuk, K. M. Kopan, V. H. Kopan. The berries ripe 2-3 days later than ’Elsanta’ and 2-3 days earlier than and ’Polka’. The bushes are high and vigour, not branchy, with firm high floriferous shoots and dark-green hardish leaves. Resistance to the leaves diseases is high. The berries are high marketable and large (the mass of average is 15 g, maximum 35 g), prolonged broad-conic, being ripe fully dark-red brilliant. The flesh is dense red aromatic of kind sour-sweet taste, in accordance with the multi-year data it contains 7.5 % of dry substances, 3.5 % of sugars, 0.95-1.0 % of organic acids as well as 0.440 mg of pectine substances and 45 mg of vitamin ’C ’ per 100 g of . Under the sufficient humid content the berries size exceeds that of ’Prysviata ’, ’Zenga Zengana’ and ’Polka ’. The yield is higher (18-20 t/ha) than that of the varieties ’Elsanta ’and ’Present ’ under the one-row planting ( 0.8x0.25 m). The cultivar is winter-hardy and drought- resistant. ’Perlyna’ is entered into the State Register of Plant Varieties Suitable for Dissemination in Ukraine. Certificate 181079 on the State Registration of the Plant Cultivar (December 4, 2018). Patent 190373 on the Plant Cultivar (April 12.2019).


2021 ◽  
Author(s):  
A.V. Osennyaya ◽  
B.A. Khakhuk ◽  
V.V. Sinyavskaya ◽  
A.A. Kolomytsev

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.


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