scholarly journals Administrative procedure for provision of public services on state registration of property rights on real estate: stages and contents

2020 ◽  
pp. 9-12
Author(s):  
Nataliia MARTYNIUK
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Public Service ◽  
Public Services ◽  
The State ◽  
Real Property ◽  
Administrative Procedure ◽  
State Register ◽  
State Registration

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.

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

2021 ◽  
Vol 937 (4) ◽  
pp. 042071
Author(s):  
K V Tikhonova ◽  
Yu S Solovyova ◽  
V S Geydor ◽  
D A Tikhonov
Keyword(s):  
Real Estate ◽  
3D Modeling ◽  
Laser Scanning ◽  
Three Dimensional ◽  
Laser Scanner ◽  
Labor Costs ◽  
Real Property ◽  
State Register ◽  
Three Dimensional Representation ◽  
State Registration

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.

ON THE LEGAL NATURE OF STATE REGISTRATION OF REAL ESTATE OWNERSHIP

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Real Estate ◽  
Social Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Special Role ◽  
Real Property ◽  
Procedural Law ◽  
State Registration

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.

Vindicatory Action in Protection of Title to Real Property of Legal Persons

10.12737/5501 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 53-61
Author(s):  
Павел Стрельников ◽  
Pavel Strelnikov
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Economic Activities ◽  
Real Property ◽  
Legal Regime ◽  
The Real ◽  
The Real Estate ◽  
Debt Collection ◽  
State Registration ◽  
Legal Entities

The question of the protection of property rights of legal entities in a market economy is of particular importance because it is the basis of their economic activities. Particularly acute this problem gives the specifics of the legal regime of the real estate, which has a significant impact on the choice of the means of protecting the violated rights, questioning the use of some of them. One of the methods of protection is indicated by replevin. The question of vindication as a way to protect the property rights of legal entities in the real estate is very controversial, because often put into question the very possibility of vindication property. The arguments for limiting the use of debt collection as a way to protect the rights of ownership of real estate can be divided into two groups. The first related to the essential characteristics of the real estate. The second is based on the legal regime of property, largely determined by the system of state registration of the respective object and deal with them. Based on an analysis of court decisions the author concludes that the feasibility of vindication by prohibiting the use of illegal property owner and the release of land, buildings, structures and premises in them from his property.

scholarly journals Problems of the definition and characteristics of the contractual basis for the limitation and encumbrance of ownership of real estate in Ukraine

2021 ◽  
pp. 341-348
Author(s):  
Inna Sevryukova
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
Real Property ◽  
Legal Literature ◽  
Legal Nature ◽  
Characteristic Features ◽  
State Registration ◽  
The Right

Introduction. The legal description of the contractual grounds for restrictions and encumbrances on the right of ownership of real estate can be provided only after a comprehensive study of the common features of the contractual structures, which establish the relevant rights and obligations of the parties. The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. It should also be emphasized that each subjective right has its limits of exercise, including the subjective right of ownership, as well as other real property rights. Of course, the nature of such restrictions must be different and depend on the content and nature of the restricted right, its object and the grounds for the restrictions. That is, restrictions on property rights and other property rights cannot be the same. Restrictions on property rights are established in the interests of society and arise by law, as well as in the interests of individuals (on the basis of law, contract, court decision), and restrictions on other property rights are primarily due to protection of the property from which they originate and the legitimate interests of the owner. In our opinion, the category of real contracts should include those types of contracts relating to real estate, including contracts of encumbrance of property rights on the basis of which the rights subject to state registration arise. Purpose and objectives of the study The main common feature of such agreements is the emergence of appropriate property benefits for the owner, which is to enable the owner to satisfy their interests at the expense of someone else's real estate, resulting in restrictions and encumbrances on property subject to the contract. Therefore, we can argue for the existence of a certain generalizing type of contract, the features of which are inherent in all its subspecies, in particular, contracts for the establishment of easements, superficies, emphyteusis, mortgage agreement. Such an agreement in the legal literature is called by some authors as a real contract. However, issues concerning its legal nature, place in the system of civil law contracts remain debatable. Research methods. The research carried out in the article is based on the assessment of generally accepted approaches to defining the characteristic features of problematic issues of contractual grounds for the emergence of restrictions and encumbrances of property rights to real estate. It should be emphasized that these issues are controversial due to the lack of clear legislative regulation, which leads to imperfect legal regulation and violations of the rights of participants in property turnover. Research conclusions. As a result of the study, the idea is given that in the current legislation of Ukraine due to the lack of a clear concept of the relationship between the category of "encumbrance" and "restriction" of property rights, as well as the uncertainty of property rights, some questions remain about the classification of certain rights accordingly, about the types of material contract, this issue is debatable and needs further study. It is possible to make about polystructurality of the real contract that causes division of this type of the civil law contract into kinds and subspecies. In our opinion, such a division depends on the legal nature and scope of the relevant types of restrictions and encumbrances on the right of ownership of real estate, which are proposed by current civil law.

scholarly journals Legal nature of state registration as a legal fact in the mechanism of dynamics of property rights

2020 ◽  
pp. 45-51
Author(s):  
M. Hudyma
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Scientific Publication ◽  
The State ◽  
Point Of View ◽  
Legal Structure ◽  
Legal Nature ◽  
State Registration ◽  
Legal Fact ◽  
The Right

This scientific publication attempts to clarify the legal nature of state registration as a legal fact in the mechanism of the dynamics of property rights. There has been made a critical analysis of the viewpoint of supporters of the recognition of the right-establishing character of the state registration and the viewpoint of scholars who consider that the state registration has the function of confirmation, legalization of already established rights. The legislative approach to the relevant issues, which reveals the inconsistency of regulations on the place and importance of state registration in the mechanism of the dynamics of property rights is analyzed. The root of all disagreements and inconsistencies is seen in the desire to take a clear position that the state registration performs only one function: either statutory or confirmatory, while the possibility of simultaneous performance of these two functions was not practically considered.It is substantiated that the legal nature of state registration is quite heterogeneous. If we talk about the property and legal significance of the act of state registration, then for the parties to the contract or other direct participants in the relative legal relationship aimed at the transfer of property rights to real estate, it will have a confirmatory value, and for third parties in absolute legal relations it will be of legal significance, providing a proof of this fact known. If we consider the state registration from the point of view of the dynamics of the process of transfer of property rights, to determine its role in this mechanism, it is the final legal fact in the legal structure, which entails the emergence of a new right holder. The publication emphasizes that giving state registration the importance of the final legal fact in the legal structure that causes the transition of property right we should not, however, shift the emphasis and consider it a priority legal fact in comparison with others. Although the registration of property rights is mandatory, it is secondary to the mechanism of transfer of ownership and other property rights to real estate, because it loses any sense and is absolutely impossible without the occurrence of other legal facts, including – the conclusion of a contract (real or consensual).

scholarly journals Protection of the property rights of legal entities to real estate: mandatory methods

2021 ◽  
Vol 3 ◽  
pp. 8-11
Author(s):  
P.A. Strelnikov ◽  
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
The State ◽  
Property Right ◽  
Judicial Practice ◽  
Judicial Procedure ◽  
State Registration ◽  
Legal Entities

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.

scholarly journals PRINCIPLES FOR STRENGTHENING REAL ESTATE RIGHTS

2020 ◽  
Vol 16 (4-1) ◽  
pp. 199-211
Author(s):  
Петр Клец
Keyword(s):  
Real Estate ◽  
Automated Analysis ◽  
The State ◽  
Information Resource ◽  
Reliable Information ◽  
Practical Significance ◽  
State Register ◽  
Minimum Number ◽  
State Registration ◽  
Single Set

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.

Analysis of the principles of reference inventory today

2017 ◽  
Vol 924 (6) ◽  
pp. 43-48 ◽  
Author(s):  
V.N. Klyushnichenko
Keyword(s):  
Comparative Analysis ◽  
Real Estate ◽  
Developed Countries ◽  
Real Property ◽  
Property Owner ◽  
State Register ◽  
Information Object ◽  
Bona Fide ◽  
Source Of Information ◽  
Lost Object

A comparative analysis of the principles of the cadastre in the most developed countries and in Russia. It is shown that some of the principles of cadastre, it is advisable to introduce into the Russian legislation. Such principles include the principle of Renzenberger, as well as the principles of Ruoff and Kuranda. The Russian inventory has more than twenty years, however, it cannot be considered complete, as registered in cadastre only 60 % of real estate. Full filling of the cadastre information on real estate is possible, if we abandon the application of the principle of reference. Unlike foreign domestic inventory the inventory contains errors that complicate the procedure of registration of immovable property. In addition, the domestic inventory is not the only source of information about the property that causes the ambiguity of the information about the same object. Important is also that the damage caused inaccurate inventory information bona fide buyer or seller of real property under current law, does not exceed one million rubles, regardless of the value of the lost object. Foreign inventory recognizes the property owner the main participant of the changes, however, the Russian legislation allows for the adjustment of the information object without the application of the property owner. See principles of the foreign inventory is useful for the maintenance of the national cadastre. This will simplify the process of state cadastral accounting of real estate, reduce the time of its formation and to increase the reliability of materials of the Unified state register of real estate.

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