UDC 336.1.55
MODERN REAL ESTATE ACCOUNTING SYSTEMS: FORMATION OF CADASTRAL SYSTEMS
G.I. Dmitriev1, N.A. Rush2
Irkutsk State Technical University, 664074, Russia, Irkutsk, st. Lermontov, 83.
An overview of the world real estate accounting systems is given. The main characteristics and differences of cadastral systems used in the world practice of real estate management are presented. The possibility of intensifying the process of real estate turnover on the market, as well as accelerating investment processes related to real estate and capital construction, obtaining loans secured by real estate and developing mortgages was considered. It is noted that the development and strengthening of the rights of real estate owners and the reliability of real estate transactions lead to a decrease in investment risks and ultimately determine the cost of investment projects and real estate itself. Bibliography 8 titles
Key words: real estate accounting; real estate cadastre; registration of rights to real estate; cadastral systems.
MODERN SYSTEMS OF REAL ESTATE PROPERTY RECORDS: CADASTRAL SYSTEMS FORMATION G.I. Dmitriev, N.A. Rush
Irkutsk State Technical University, 83 Lermontov St., Irkutsk, 664074, Russia.
The article reviews the real estate property record systems used worldwide. It deals with the principal features and differences of the global cadastral systems of property records. It treats the possibility of intensification of immovable property turnover on the market as well as acceleration of investments having to do with real estate and capital construction, real estate loans and mortgage development. It is indicated that the development and strengthening of the rights of property owners and the reliability of property transactions lead to the reduced investment risks and determines the ultimate cost of investment projects and the real estate. 8 sources.
Key words: real estate property records; real estate cadaster; registration of rights to real property; cadastral systems.
Modern research in the field of searching for methods of real estate management shows that there is a close relationship between the systems of registration of the right to real estate and the system of registration of this real estate. Essentially, they are not independent various systems, but a single system. Therefore, it seems appropriate to provide an analysis of world experience in the creation of real estate accounting systems.
Until the middle of the last century, the concept of cadastre was used mainly in connection with the taxation of real estate and meant, first of all, a system of information about it. The development of capitalist relations, which caused intensive processes of real estate turnover, investment in real estate, obtaining loans secured by real estate, brought to the fore the problem of strengthening rights, from which the reliability of transactions followed, and the reduction of investment risks. This required a corresponding modernization of rights registration and cadastral systems.
real estate accounting.
Real estate accounting in the USA
The systems for strengthening real estate rights and related land records in English-speaking countries are of interest for many reasons. These systems had a strong influence on the countries of the former colonies and dominions of England. In addition, in many respects they differ from the systems of continental Europe. For the most part, this is due to the fact that, until recently, the cadastre was virtually unknown in the English-speaking world. IN THE USA official system strengthening the rights to real estate is based on the private transfer and registration of the acts on which it is based.
Currently, the main owners of sources of information about land are private title insurance companies - the very ones that specialize in transaction insurance. Each such company operates primarily in one state and maintains its own land
1Dmitriev Gennady Innokentievich, Associate Professor of the Department of Expertise and Real Estate Management, tel.: 89500774858, e-mail: [email protected]
Dmitriev Gennady, Associate Professor of the Department of Real Estate Expertise and Management, tel.: 89500774858, e-mail: [email protected]
2Rush Natalia Alexandrovna, master student of the Institute of Economics, Management and Law, ISTU, tel.: 89025786861, e-mail: [email protected]
Rush Natalia, Graduate student of the Institute of Economics, Management and Law of ISTU, tel.: 89025786861, e-mail: [email protected]
accounting. The records are compiled and updated by a team of experts who summarize relevant information from the official records on a daily basis.
The reasons for this situation are obvious: in the absence of a public (state, municipal) information system, there is no way to verify the correctness of the presented boundaries of real estate, the rights to which are to be insured. Thus, it becomes necessary to survey the boundaries of the client's property and maintain their own information system, which gradually accumulates information about the boundaries between neighboring properties, designed to facilitate further such surveys if the next client of this company turns out to be the owner of neighboring real estate.
The biggest disadvantage of such surveys is that they are carried out in isolation for each property and only in connection with the need to insure rights to it. The issue of using these materials to develop public information systems containing data on land plots is under discussion in the United States.
The main points of this discussion are as follows. In the 1970s a large-scale program was considered to modernize and integrate all land records into the archives of the respective districts, which included the addition of a significant amount of relevant data not previously included in any records. In the 1980s North Carolina legislated a land registry program to provide technical and financial assistance to developing countries. Over time, in several states, emphasis has been placed on a surveyed parcel registration program based on the use of each parcel's identifier and their central index. For example, this was done in Wyandotte County, Kansas, where a parcel-based land registration system was developed. The main components of the system were land plot maps made at a scale of 1:1200, a detailed database relating to the characteristics of 66,000 land plots. The system is operational and updated daily. Another example is the system developed in Lane County, Oregon. All coordinates and data in the system are based on one set of basemaps and coordinate management. The system has the character of a multi-purpose information system. All holdings and plots of land use of the district are included in the card file of land plots. Information layers include maps of taxes and numbers of land plots, the nature of land use, the number of residential units, catalogs of coordinates of land boundaries. In addition, it contains information about taxes and valuation.
Accounting for real estate in the countries of the Central European system of registration of rights
At the heart of the most advanced cadastral systems, distributed mainly in European
The principles of the French cadastre, introduced by Napoleon in 1807, are based on the principles of the French cadastre. cadastral maps produced systematically for each district; real estate cadastral numbers - a unique identification code for each property that is not repeated for any other property throughout the country throughout its history.
However, already in the second half of the XIX century. priority in this belonged to Germany and Switzerland. Moreover, in these countries the scope of the cadastre has been expanded to include the description of an apartment in a condominium and a building built on leased land as objects of rights, which is necessary to ensure the registration of rights to these objects.
The main task of the cadastre is to describe the property, sufficient to prevent all possible misunderstandings about the ownership of its various parts. First of all, this concerns the boundaries of the land. In contrast to the site plan, made exclusively for this site, the boundary of any site on the cadastral map of the city, district, microdistrict simultaneously belongs to another site and serves to delimit them, proposing in advance a solution to a possible border conflict.
When considering the French system, it should be noted that the right to real estate is reliably protected by the system of registration of rights to it, but this is not enough for the full protection of the right.
Thus, a full-fledged system for the protection of rights to real estate consists of protecting both the nature of rights to real estate (a system of registration of rights) and the boundaries (composition) of real estate (real estate cadastre). It follows that the real estate cadastre system should be as reliable as the title registration system, and its records and descriptions should have the same legal force.
Ideally, both of these systems in the organizational sense should be a single whole, united by a single legislation and a single administration. The main trend in the development of the system of protection of rights to real estate is the fundamental unification of these two systems. However, this is not easy to implement in practice: these systems differ in specialization and areas of activity, their autonomous historical development, as well as legal structures and procedures, hinder unification.
In Germany, Austria and Switzerland, Sweden and Finland and many other European countries, the relationship between the cadastre and the register of law is very close, and in the Netherlands these systems are already combined into a single organization.
In an ideal real estate registration system, the real estate cadastre contains descriptions
a real estate object, necessary for its unambiguous identification among other objects; the registry of rights to this object contains descriptions of the owner of the rights to this object, necessary for its unambiguous identification, as well as the most accurate and unambiguous description of these rights. Real estate cadastral records, other than the cadastral number, do not contain any records that would repeat the records of the register of rights and vice versa. This is of fundamental importance, since each entry in these systems is legal in nature, being the senior legal document in relation to any other documents that can be presented as evidence of the right to a property.
Just as in the case of registration of rights, cadastral registration of real estate cannot be burdened with characteristics that are not essential for identifying the object of law. For example, the area of a land plot does not in any way indicate the plot itself, since there can be an infinite number of plots with the same area. At the same time, the well-described site boundaries unambiguously indicate both the site and its limits.
A fundamentally necessary constructive element of the real estate cadastre is the assignment of a cadastral number to each property. This number is unique for each property and is not repeated for any other property throughout the country, either now or in the future. The role assigned to him is as follows. Entries in a rights register require certainty about the subject matter for which the right is registered. This purpose is served by the cadastral number: it connects all the materials of the real estate cadastre, the register of rights to real estate, and their archives related to one real estate object. This is the only information about the object that must be repeated on the documents of the cadastre and the register of real estate rights.
The land plot reflected in the cadastre is a cell of cadastral information, which contains all the information necessary for an unambiguous description of the property, both graphic and digital. The cadastral map is a graphical display of only what is essential for the protection of law and taxation.
This map contains land boundaries. Each plot has a closed contour of boundaries, within which a cadastral number is affixed. This is the main, but not the only information layer. To register the right, a graphical representation of the building development area may be necessary.
Within the boundaries of the land plot, the boundaries of zones of a special legal regime in relation to the plot as a whole, for example, easement, should be fixed. This zone can only be defined in relation to a specific site (an easement associated with the right of passage through a given site to a neighboring one) or in relation to sites that fall into a certain
a new territorial zone (for example, a water protection zone). In the latter case, the territory of such a zone "overlaps" the plots and their boundaries, as a rule, do not coincide. In this case, there may be several such zones; the services that establish them and monitor compliance with the respective legal regime are different and not related to each other. These zones may appear and disappear, their outlines may change, which forces them to be recorded as separate cartographic layers.
Characteristic for all Western European countries is that the cadastre systematically covers the entire territory, while the collected and registered data are constantly updated. The general trend is that land unit-based fiscal and legal cadastral information finds increasing demand as the basis of a common information system. In addition to their original purpose, cadastral maps are used for many other purposes. In Switzerland, for example, cities produce very accurate municipal maps based on the use of cadastral information. Combining cadastral surveys with other types of large-scale mapping of urban areas is a general trend in other countries as well.
Of the Scandinavian countries, the closest to the systems adopted in Western European countries is the system used in Denmark. This country has long used expanded cadastral maps covering the entire country, which are linked to general reference materials. Cadastral surveys, for example, when changing the boundaries of plots, are carried out by private land surveyors. However, records and cadastral maps are made at the central government office, Matrikel Kontoret, located in Copenhagen. The cadastre is closely connected with the system of registration of rights to real estate.
The same close relationship is found in Sweden and Finland, where title registration systems (rights) are based on cadastral units. Here cadastres have evolved gradually, from simple records used for taxation purposes and loosely linked to maps, to deployed systems with high reliability. In Sweden, urban and rural systems are now combined into one common register, while in Finland, registration is still maintained separately for urban and rural areas.
In Sweden, the cadastre is currently integrated with the registration system. One general agency, called the Real Estate Data Collection Central Board (CFD), collects and transmits selected cadastral information and information from the title register for automatic data processing. Data collection is still carried out by regional cadastral and land registration services. They have autonomous communication channels with the CFD and are authorized to make changes to the records in the event of land fragmentation,
transfer of ownership. The CFD is required to issue all certificates, as well as provide all forms of communication with other authorities using property information. In this way, duplication of work is avoided. In addition, the time required for issuing official documents and issuing them to interested parties is significantly reduced. The system is currently operating in most of the country and will be fully completed within the next five years.
Previously, Norway did not have an organized cadastral system. Instead, there was old system, intended for use for tax purposes, only partially supported by cards. Currently, the country has introduced an automated GAB system that provides information on land units, addresses and buildings of interested parties.
Cadastre in France and in countries using the French experience
Despite the fact that France is considered as the historical birthplace of the modern cadastre, on present stage development of the country, the French cadastre cannot be cited as a successful example.
The cadastral plans currently in use are of various origins. Half of them, mostly in rural areas, still use the old plans from the time of Napoleon, as well as plans drawn up between 1930-1960. The other half is made up of new plans, the so-called "regular" because they meet the official technical standards; they are known for their great cartographic accuracy. The areas presented in the cadastre are determined mainly from a “graphical” calculation, and not as a result of a real survey. Thus, they lack the precision that is directly related to the quality of the plan. In addition, state property is not reflected in the cadastre. Thus, there is a clear lack of cadastral information. The main reason for this is the focus on the fiscal function of the cadastre. If the state, as the owner of real estate, is not a taxpayer, it is not in the register of real estate owners, therefore, there can be no registration of real estate objects belonging to it. In addition, there are errors that are the result of unregistered changes (many kilometers of utility networks do not legally exist and thus cannot, under existing rules, appear in the Cadastral Plan).
The aim of the ongoing reform of the French cadastre is to create a document that meets the standards of the German and Swiss cadastre. For this, a complete re-examination of all real estate objects is assumed.
The French system had a significant impact on its former colonies, such as most countries in North and West Africa. In these countries
nah cadastres and land registers (livre foncier) usually cover only a small part of the land, mostly in urban areas. Typically, a land registration is a title registration, with each land plot having a separate page. If anyone wants to register his right to land, he must apply to the registrar. After that, his application becomes official for a certain period of time, and then it is necessary to carry out a survey of the land and demarcation in the presence of neighbors and other interested parties. After the expiration of the period for filing an appeal, the land unit is entered in the register, and a certificate of ownership is issued to its owner.
Spain and Italy were also influenced by Napoleon's cadastre. Here, systems developed on an identical basis were adopted. However, the Spanish system does not provide comprehensive, national coverage. There is a weak link between the real estate cadastre and the registration of rights to it. The two systems of records are controlled by different authorities, and the descriptions in the register of rights do not always refer to the objects described in the cadastre. Thus, the connection between the cadastre and the register is provided, first of all, not by indicating the land plots, but by indicating the name of the owner, which is an obstacle to the further integration of these systems.
The cadastres used in southern Europe are more fiscal in nature than in central Europe. Since buildings are an important subject to taxation, Italy has created a new register of buildings as part of the cadastre. Greece does not have a comprehensive homogeneous national cadastre, but the problem is being studied and a decision may be made by the government in the near future to establish a nationwide system.
Real estate accounting in the Torrens system and its application in England
The system of registration of rights introduced by Robert Torrens does not require the presence of a complete cadastral map of the country, or at least a certain area. The main feature of this system is that the surveyed land is identified on a map of a single property, which is the main part of the first section of the register of ownership. This section provides detailed information about the property, as well as a description of the land, with the appropriate indication of the areas of easement, encumbrances and other conditions. We can say that the cadastre in this case consists of a set of the first sections of the register of all real estate registered in this system. On the one hand, this real estate cadastre is not just united with the rights registration system, it forms an inseparable whole with it. On the other hand, the cadastre is devoid of the obvious advantages that a solid cadastral map demonstrates. This constitutes a certain incompleteness
Torrens system and, at the same time, possibly determines the prospects for its development. Australia is currently introducing systematic registration, which includes cadastral cartography.
The Torrens system, in a version close enough to the original, was reproduced in many former English colonies, for example, in the countries of East Africa, in individual states of the USA and Canada, as well as in England.
Since 1853, the Ordnance Survey, a cartographic organization, began to issue tablets of a topographic map of all of England at a scale of 1:2500 for rural areas and 1:1250 for cities. This work continued until 1893. The map served as a material on which it was possible to accurately indicate the boundaries of any real estate. In accordance with the laws of 1925, this map is the official source of real estate information and is constantly updated. The Ordnance Land Management Office interacts with the Land Registry (a body of the system for registering rights to real estate) and performs ad hoc surveys, i.e. in each individual case.
Once a site is designated for title registration, any person who purchases unregistered freehold land or takes an unregistered lease for 40 years or more must apply to the Land Registry for title registration within two months from the date of making a deal. The same mandatory registration rule applies to subsequent transactions. In the case of a first registration, the former owner must provide the registration agency with sufficient evidence that he actually has title to the property and is therefore the legal owner of the property. Once a property is registered, the government guarantees the title to the property as shown in the register.
Systematic and sporadic land surveying and registration of rights to real estate
From the above analytical review of real estate rights registration systems and cadastral systems, it can be seen how difficult the experience of modern economic powers was formed in the search for the legal and organizational arrangement of the institution of rights to real estate, the mechanisms for its construction. Theorists of creating a cadastral system and registering rights to real estate pay the most attention to the question of choosing between sporadic and systematic land surveying for the purposes of forming a real estate cadastre, as well as sporadic and systematic registration of rights to real estate.
Sporadic actions are understood as land surveying or registration of rights, which are prescribed to be performed on a voluntary basis and / or on a mandatory basis, but in some specific specific cases, for example, when selling real estate.
Systematic refers to land surveying or registration of rights, carried out
for all properties that remain undemarcated or for which rights have not yet been registered. The history of the subject under consideration knows cases when systematic surveying and sporadic registration of rights took place at the same time, and vice versa. Naturally, not only the initiative, but also the financing of sporadic actions is entrusted to interested persons - owners of real estate, only state or local government bodies can initiate and finance systematic actions in accordance with a specific state program. This is the reason why this choice is so difficult.
In 1925, a package of new land regulations was introduced in England. One of them was the Law on Land Registration, which provided for the mandatory (systematic) registration of property rights in certain regions. These regions gradually expanded and now cover the entire territory of England. However, actual registration is still sporadic, as a rule, the right is registered only when the property is sold or subject to long-term lease. However, the British continue to fight for the victory of a systematic approach.
The systematic formation of cadastral information is carried out sequentially, by quarters, in accordance with a pre-compiled program. A systematic survey (or a priority systematic survey) may be subjected not to the entire territory of the country, but to the territories for which the availability of cadastral information is most relevant: cities and towns. In the case when we are talking about a closed territorial formation (a single city), the areas of priority survey should be the quarters where you can least expect mass private land surveying initiatives.
The systematic formation of cadastral information does not require that all information required by the cadastre be immediately formed for each surveyed property. Land surveying of real estate objects is a layer that must be formed first. This layer is an independent information value: after the objects are delimited, they, regardless of the form of ownership, get the opportunity for independent internal development, including development associated with the completion of the formation of cadastral information.
Russian experience of cadastral registration
In conclusion, let us turn to Russian problems in the field of the formation of registration of rights to real estate.
Comparing the text of the Russian Law “On the Registration of Rights to Real Estate and Transactions Therewith” (hereinafter referred to as the Law) with the above review of world experience, the following main conclusions can be drawn:
1. The world experience of state enforcement of strengthening the right to real estate, with all the variety of national practices, reduces them all to only two systems of the legal mechanism for strengthening rights: a system for registering rights to real estate (title registration system) or a system for registering documents confirming rights to real estate (actual registration system).
2. The Civil Code (CC), the nature of the Russian legal system unequivocally indicate Russia's determination to build a system for registering rights to real estate (titular registration system) as a system for strengthening rights to real estate. The law confirmed this intention. All elements of the system proclaimed by law refer to the elements of the system of registration of rights to real estate. Moreover, attempts to confine ourselves to describing the object of registered rights only in the first section of the register make the domestic model of the system close to the Torrens system.
3. The mechanism built by the Law suffers from the absence of important fundamental provisions, which leads to the fact that the registration system cannot fully fulfill the function of a system for strengthening the right to real estate. World experience in the construction and operation of a system for registering rights to real estate demonstrates a logically justified minimum necessary system of institutions for the title registration system, the fundamental features of this system. For the completeness of the Russian mechanism of the rights registration system, defined by the Law and the Civil Code, it is necessary to consolidate the following principles:
The principle according to which the rights of a bona fide purchaser registered in the system are considered as absolute, not subject to challenge even in court. The implementation of this principle interferes with the wording of Art. 302 "Reclaiming property from a bona fide purchaser" Ch. 20 of the Civil Code "Protection of property rights and other rights in rem"; Art. 2, paragraph 1 and art. 12, paragraph 8 of the Law. The absence of guarantees for a bona fide purchaser results in losses not only of the acquired property, but also of subsequent investments made in it, including borrowed funds. First of all, this, in addition to real estate turnover, is detrimental to the development of mortgage lending;
The principle that rights lost as a result of defects in the registration system are compensated from the state compensation fund, which is an integral part of the registration system. In the classical variant of the title registration system, the procedures for primary and secondary registration are distinguished. Russian Law makes no distinction in registration procedures.
4. The system of registration of rights should be based on the real estate cadastre as a system that ensures the certainty of the object of law. The real estate cadastre can organizationally exist as part (subdivision) of the registration system or as an independent organization. But unlike other cadastral and information systems, it, like
the register of rights is the responsible custodian of the rights. It follows from this that the register of law and the real estate cadastre are institutionally interconnected and, in essence, in the face of the owner of real estate are a single organization, the same justifications apply to the real estate cadastre, according to which the register of law is maintained by the institution of justice, is subject to special protection by law enforcement agencies of the state; persons entering, changing and deleting cadastral information should be subject to the same requirements as for the registrar of rights.
5. The initial registration of a right must be preceded by a procedure for forming an object of law. However, political guidelines for simplifying the procedures for privatization and real estate turnover require the possibility of registering the right to objects, information about which is not yet in the real estate cadastre.
6. World practice in the construction of registration systems has identified the problem of choosing between the so-called sporadic and systematic method of forming and filling out the real estate cadastre, as well as between the sporadic and systematic method of filling out the register of rights to real estate. With the sporadic method, the formation of a real estate object or registration of rights to it is carried out as the need arises for this from the owner, for example, during the sale. The results of this experience testify in favor of the choice of systematic completion of both the cadastre and the register of rights. Moreover, filling in the cadastre is a priority task and can be performed in accordance with a program that is not related to the rights registration program.
Methods of continuous (systematic) formation of real estate objects in specific terms are much cheaper than piece formation of objects, with continuous formation, boundary problems of adjacent properties are quickly solved. With sporadic formation, it is likely that a property owner who starts building his property later than his neighbor will find damage done to him, even if he previously agreed on the neighbor's boundary. With systematic formation, a policy of revising the boundaries of actual land use plots can be implemented in order to correct defects in the planning of land plots that have appeared as a result of uncontrolled land use processes; it is possible to avoid the appearance of plots of uncertain ownership that do not have characteristics that allow them to find a use and, therefore, a tenant or owner.
The main difference between these approaches is that the financing of sporadic formation procedures lies with the interested owners, while the financing of systematic formation can be carried out only at the expense of the state. These arguments turned out to be decisive in choosing the title system for registering rights to real estate in Russia.
The article was received on July 9, 2013.
Bibliographic list
1. Nikonov P.N., Zhuravsky N.N. Real estate, cadastre and world systems of registration of rights to real estate. M.: Eksmo, 2011. 62 p.
2. Larsson G.L. Land registration and cadastral system. M.: Mir, 1991. 198 p.
3. Modern Land Book. Austrian Society for International Cooperation in the Notaries of the Federal Ministry of Justice / transl. Center for Economic and Legal Technologies of the Real Estate Market. M., 1992. 134 p.
4. Breton J. French cadastre and numerical national plan // Modern cadastral systems: Sat. report XX International congress. Melbourne, 1994, pp. 178-193.
5. David R., Zhofre-Spinoza K. Basic legal systems of the present. M.: Intern. relations, 1996. 227 p.
6. On state registration of rights to real estate and transactions with it: feder. Law of June 17, 1997 No. 122 FZ // Rossiyskaya Gazeta. 1997. 30 July.
7. Civil Code Russian Federation: feder. Law of November 30, 1994 No. 51 FZ // SPS ConsultantPlus [Electronic resource]. URL:
http://www.consultant.ru/document/cons_doc_LAW_153956/
8. Dmitriev G.I., Rush N.A. Comparative analysis modern systems of registration of rights to real estate // Modern technologies. System analysis. Modeling. 2013. No. 2 (38). pp. 251-259.
ECONOMIC POTENTIAL OF THE KRASNODAR REGION
© I.Yu. Zakharova1
Southern Institute of Management,
350040, Russia, Krasnodar, st. Stavropolskaya, 216.
An analysis of the economic potential was carried out Krasnodar Territory, which consists of several components: natural resource potential; developed industrial and agricultural sector; developed infrastructure; potential of labor resources; institutional and legal framework that contributes to the development of the region's economy; favorable investment climate. Conclusions are formulated that reveal the possibilities of implementing investment projects in any of the branches of the region. Tab. 4. Bibliography. 3 names
Keywords: economic potential; natural resource potential; investment climate.
ECONOMIC CAPACITY OF KRASNODAR KRAI I.Yu. Zakharova
Southern Institute of Management,
216 Stavropolskaya St., Krasnodar, 350040, Russia.
The article analyzes the economic capacity of the Krasnodar Krai, which includes natural and resource potential, developed industrial and agrarian sector, developed infrastructure, labor resource potential, institutional and legal base that promotes the development of regional economy and favorable investment climate. It formulates the conclusions revealing the implementation possibilities of investment projects in any of the regional branches. 4 tables. 3 sources.
Key words: economic potential; natural and resource potential; investment climate.
Krasnodar Territory is a southern region of Russia. It occupies an area of 76 thousand km2, or 0.4% of the entire territory of Russia. In the northeast, the region borders on the Rostov Region, in the east - on the Stavropol Territory, in the south - on Georgia. From the northwest and southwest, the territory of the region is washed by the Azov and Black Seas.
The economic potential of the territory consists of the following factors:
1) natural resource potential;
2) developed industrial and agricultural sectors;
3) developed infrastructure;
4) the potential of labor resources;
5) institutional and legal framework that contributes to the development of the region's economy;
6) favorable investment climate.
Natural resource potential of the Krasnodar Territory
Warm temperate climate in combination with the flat territory in the north, it favors the development of the agrarian complex, the subtropical climate of the Black Sea coast - the development of bathing, beach and health tourism, the mountainous and foothill climate of the south of the Krasnodar Territory - the development of mountain tourism.
On the territory of the Kuban there are deposits of more than 60 types of minerals. Oil, gas, sandstone, marl, marble, limestone are of industrial importance. Currently, 68 oil fields are under development in the territory of the region. Thermal and mineral waters occur in the Azov-Kuban basin (Yeisk, Primorsko-Akhtarsk, Gorya-
1Zakharova Irina Yurievna, Candidate of Economic Sciences, Associate Professor of the Department of Hotel and Tourism Business, tel.: 89054723079, e-mail: [email protected]
Zakharova Irina, Candidate of Economics, Associate Professor of the Department of Hotel and Tourism business, tel.: 89054723079, e-mail: [email protected]
One of the conditions for the normal functioning of the real estate market is publicity, publicity of rights to real estate. Therefore, for all real estate transactions, a special legal regime is required. First of all, state registration of rights to real estate and transactions with it.
The system of state registration of rights and transactions with real estate is a necessary element of the functioning of the real estate market, ensuring the identification of a real estate object and a subject of right to it, and allows:
· create a system of taxation of real estate;
ensure the security of transactions by providing guarantees to the acquirer of rights that the acquisition is made from the proper owner of these rights;
fix the moment of transfer of rights to property, and hence the benefits and risks associated with the possession of rights to real estate.
The formation of modern state registration systems has gone through a very long way of development and bears a clear imprint of the features of the historical process in a particular country or group of countries.
The history of the emergence and development of the real estate registration system
Initially, with the low dynamics of population movement and the rarity of real estate transactions, evidence of neighbors respected in a particular locality was a sufficient basis for recognizing rights to land.
With the expansion of real estate turnover, the need arose for a special legal regime for these rights. In ancient Greece, a pillar (mortgage) was placed on the land of a debtor who pledged his land to secure a debt.
Later special mortgage books appeared. The first system of land books already existed in the 1st century. BC. in Egypt (Roman province).
The mortgage book contained all the necessary information about the real estate and its owners. They contained a description of the economic and legal status of each estate located in this district. Thanks to this, the creditor, when concluding a credit transaction, could establish the value of the pledged thing and the degree of the borrower's property liability. Thus, the creditor provided for himself a solid mortgage security for the monetary obligations issued by him.
An important difference between the legislations was the way in which records were kept, either by the names of the owners or by the names of real estate.
Under the first system adopted in France, each owner was given a special sheet. The disadvantage of this system was that the purchasers of real estate or mortgagees were interested in the state and ownership of the given estate or house, and not in the state of the owner.
Therefore, the German system allocated a sheet in the books to each estate or house. The sheet was divided into columns, which indicated the name and location of the estate, the economic composition, the name of the owner, all real rights to this property belonging to other persons; debts secured by the mortgage of this property.
Mortgage books had to have the character and authenticity of official acts. Therefore, they were led by official institutions. For example, courts, civil chambers in provincial cities or specially created mortgage offices in capital cities. Entries in the mortgage books were probative in all property disputes. However, these institutions were responsible only for the correctness of maintaining mortgage books, and not for the correctness of the act on the basis of which the relevant entries were made. Mortgage was entered into mortgage books either at the request of the person recorded in the book as the owner, or by a court verdict that entered into legal force.
The legal significance of mortgage books was that the right of ownership of real estate arose from an economic entity from the moment special entries were made in mortgage books. This was important for resolving disputes in the event of a collision of rights to real estate by several creditors.
By virtue of the principle of publicity, viewing mortgage books and obtaining an extract from them were available to every person interested in this.
All local mortgage vaults provided information on the status of each property and related debts to the Central Mortgage Vault for the compilation of general local lists for the country as a whole.
The next step was the creation of a real estate registration system.
On October 29, 1830, the Hessian Law was passed, according to which the description of real estate was made on the basis of topographic maps.
On March 31, 1834, the Prussian law introduced the connection of the mortgage system with the cadastral system.
The solution of this issue in Holland deserves special attention. The territory of the country was divided into 32 districts. In each of them there was a storage room for mortgages and a land registry compiled by the Ministry of Finance. Making changes to the cadastre was entrusted to the Mortgage Department. Each local description had its own register by the names of the owners, indicating the title, craft or occupation, place of residence of the owner of the land. Under these data, the numbers of the cadastre sections were put. The register also included:
property of the act of real estate acquisition;
the value of the property;
the date and number of the registry;
date of claims against the owner of the property, amounts and terms of their payment.
Another sheet listed the property rights relating to land and buildings, the amount of the debt with an indication of the persons involved, the date and number of presentation of these rights, the number of payments, the repayment of the designated property rights and restrictions on property rights.
On March 26, 1855, a mortgage reform was simultaneously carried out in France and Prussia, which introduced a new provision, according to which local mortgage books began to reflect not only any transfer of real estate from one owner to another, but also all restrictions on his rights. use. Otherwise, the acquired rights to real estate were considered invalid.
The system of registration of rights to real estate fully fulfills the role of a guarantor only if it is able to guarantee the rights to real estate for its bona fide purchaser. To do this, it must establish and confirm:
Reliability, purity and completeness of information about the property;
The powers of the seller
Purity and full certainty of transferred rights.
In world practice today, there are three ways to provide such guarantees, on the basis of which three different systems for registering rights to real estate have been created:
1. System of legal cadastre.
2. Registration of property title (land title) - Torrens system (creator's name).
Z. Registration of acts.
Legal cadastre system valid in most European countries (Germany, Austria, Switzerland, France, etc.). It provides a high degree of reliability and security of real estate transactions due to the long-term existence of an established system for collecting and updating data:
· about land plots (their topographic features, the nature of their use, the area, buildings located on them);
about the transfer of rights to them;
about land owners.
To create this system, many years and even centuries (if we keep in mind that real estate objects do not enter the market as often as other goods) accumulation of information is necessary.
Title deed registration involves a thorough study and description of the object (its legal history, topographic and other physical characteristics) and the formation on this basis of a legally valid title of ownership. In this case, the state guarantees the legality of the title (the right to property) and formalizes it when transferring rights to a new owner. This system is common in Canada, Australia, New Zealand. There have been attempts to introduce it to the United States. However, they were carried out on a voluntary basis.
This system involves significant costs for topographic research and descriptions, for studying the history of transfers of rights and the presence of encumbrances, as well as the creation of an insurance fund that provides additional guarantees for bona fide purchasers in the event of errors by state authorities when checking the title. It was this circumstance that laid the foundation for another registration system that is characteristic of most US states.
Registration of acts. Documents submitted to state registration authorities are not checked. Registration means that the transferred title corresponds to its present form and the act of transfer itself is legally valid. At the same time, the state does not take responsibility for the "purity of the title." Guarantees under such a registration system are achieved by supplementing it with title defect insurance by specialized insurance companies.
Such "titular" insurance companies conduct their own accounting and survey of land plots, study the processes of transfer of rights to real estate, which gives them a basis for insuring rights to real estate. This registration system is much cheaper for the government than previously discussed, but it is more expensive for property buyers. Ultimately, this option is also more expensive for society, since the information bases accumulated by insurance companies are isolated from each other and, of course, inaccessible to third parties.
The history of the development of the system of state registration of real estate in Russia
In Russia, the history of state registration of rights to real estate begins in the 16th century.
1. In the XVI century. a procedure was introduced requiring the presentation of bills of sale (contracts for the sale of land) in orders.
2. In the XVII century. the practice of issuing certificates to the acquirer of land was introduced, in which the value of the acquired estate and the former owner were recorded. At the same time, acts of sale, exchange, donation of land were recorded in the Local Order, and transactions with courtyards, buildings - in the Zemsky. Obtaining a certificate was not mandatory, but its absence had its negative consequences. According to the Code of 1649, in the event of the sale of the same patrimony to different persons, the property rights were recognized not for the one whose bill of sale was made earlier, but for the one who had previously “dealt” with the estate. Thus, obtaining a certificate was a confirmation of the transfer of rights to real estate.
3. During the time of Peter I, a new, "serf" procedure for registering rights to real estate was introduced and a special body was created - the Chamber of Serf Affairs, where all real estate transactions were to be made, at the conclusion of which each act was entered into special "serf books".
4. In 1775, the Code of the provinces was adopted (the time of Catherine II). The execution of serf acts was entrusted to the civil chambers in the provinces and district courts, under which institutions of serf affairs were formed.
5. In 1866, the Regulations on the notarial part were adopted, according to which the obligation to certify and register real estate transactions was assigned to notaries. Transactions began to be made by a notary at the venue and approved by a senior notary at the location of the property. Only after this confirmation, the rights to real estate were acquired. The senior notary of the district (county, district or provincial city) was obliged to conduct:
· "land book", which contained documents approved by him on real estate transactions;
· register of serf deeds, containing information about the characteristics of real estate, the owner, restrictions on property rights, collateral, etc.
Until 1891, the register was kept by owners, and after 1891, by real estate objects. Thus, a transaction, the subject of which was real estate, could be made anywhere, but the rights under it were transferred only upon approval by a senior notary at the location of the real estate. At the same time, before approving the transaction, the senior notary was obliged to check:
the authenticity of the extract presented to him on the transaction by a notary at the location;
Compliance of the transaction with the current legislation;
rights of the person alienating real estate;
· the absence of obstacles to the alienation of real estate due to prohibitions, etc.
Formation of the system of registration of rights to real estate and transactions with it in the Russian Federation
The task of its formation was first set in the Civil Code of the Russian Federation adopted in 1994. He established the following provisions:
1. The transfer of ownership of real estate under a contract for the sale of real estate to the buyer is subject to state registration.
2. The execution of the real estate sale agreement by the parties before the state registration of the transfer of ownership is not a basis for changing their relationship with third parties.
3. In the event that one of the parties evades state registration of the transfer of ownership of real estate, the court shall be entitled, at the request of the other party, to make a decision on the state registration of the transfer of ownership. The party that unreasonably evades the state registration of the transfer of ownership must compensate the other party for losses caused by the delay in registration.
In the development of the provisions of the Civil Code of the Russian Federation in 1997, the Law "On State Registration of Rights to Real Estate and Transactions with It" was adopted (came into force in 1998) It included:
1. A definition of state registration is given (a legal act of recognition and confirmation by the state of the emergence, restriction (encumbrance), transfer or termination of rights to real estate).
2. It is noted that the following are subject to state registration:
property rights and other real rights to real estate;
All real estate transactions, including sale and purchase, donation, exchange, pledge (mortgage), lease, trust management, etc.
3. It is planned to maintain the Unified State Register of rights to real estate and transactions with it throughout the territory of the Russian Federation.
4. The procedure for state registration is indicated (at the location of real estate).
5. The procedure for obtaining information about the rights to real estate by interested organizations and individuals is described.
6. The creation of a cadastral system for registering rights to real estate is envisaged.
Currently, cadastral and technical accounting (inventory) of the property is being carried out. For this purpose, a description and individualization of each real estate object (land plot, building, structure, residential or non-residential premises) is carried out.
As a result, it receives such characteristics that allow it to be unambiguously distinguished from other real estate objects. Accounting for a real estate object is accompanied by the assignment of a cadastral number to it.
The cadastral number of a building or structure consists of the cadastral number of the land plot on which the building or structure is located and the inventory number of the building or structure.
The cadastral number of a room in a building or structure consists of the cadastral number of the building or structure and the inventory number of the room.
Cadastral registration is maintained for each registration district. Registration district - the territory where the institution of justice operates, which carries out state registration of rights to real estate and transactions with it. Registration districts are created by the constituent entities of the Russian Federation within the boundaries, as a rule, coinciding with the boundaries of administrative-territorial units.
graduate work
1.3 Principles of accounting for state property and its purpose
The initial element of building a management system, the basis for making management decisions on the disposal of state property is information about the state of property. The main source of such information is the register of state property.
The register means Information system, including a set of state databases built on uniform methodological and software and technical principles, which contain a list of accounting objects and data about them to be recorded in the State Register of Databases and Data Banks:
1) land plots owned by the state;
2) plots of forest, subsoil, water bodies and other natural objects (resources) of state ownership;
3) property assigned by the right of economic management to a state unitary enterprise or by the right of operational management to a federal state-owned enterprise or state institution, or an enterprise owned by the federal government as property complexes;
4) state-owned shares (shares, contributions) of economic companies and partnerships, as well as their property that is not included in the authorized (share) capital;
5) other immovable and movable property, including transferred for use, lease, pledge and other circumstances.
Data on accounting objects are information characterizing these objects: location, cost, encumbrance, etc.
The primary task of the regional property management bodies is a complete accounting of tangible and intangible objects belonging to various owners and located in the region. It is solved with the help of the Unified Register of Property Objects (EROS) located within the boundaries of the region, territory or other subjects of the federation. This register should include all properties located in the region.
At the first stage, it is necessary to ensure a complete accounting of all objects located on the territory of the region and included in the federal property, the property of the subjects of the federation, municipalities, individuals and other categories of owners. This task involves conducting a comprehensive inventory of "regional property" objects, regardless of whether they belong to one or another owner, economic sector, or material form.
The fulfillment of this task is possible only with the involvement of many state and municipal bodies authorized to keep specialized records of the relevant tangible and intangible objects.
Without preliminary systematization of enterprises, organizations and other owners, as well as their property, according to certain criteria, the integration of information flows from various departments will objectively lead to a repeated count of a number of property objects or to their omission. Therefore, the definition of the value of "regional property" requires a preliminary grouping of the entire variety of objects belonging to different owners and located within the boundaries of the region.
Attempts at such a systematization are being undertaken by state statistical bodies, but the existing classifiers are not adapted for the global informatization of such complex phenomena as property relations.
The UROS should have not only information content, but also the form of a legal document: the specialized accounting body should be responsible for the reliability and timeliness of information transmitted to the data bank; on the other hand, the objectivity of the data provided to users is ensured by the registrar. As such, it seems that the body of state administration that regulates certain property relations in the territory of the region - the committee for state property management, should act, since it is the only subdivision of the regional administration that directly represents the interests of the owners of a significant part of regional property, i.e. has the right to dispose of their property on behalf of the owners.
The advantages of the Unified Registry lie not only in the ability to meet the needs of a wider range of users, but also in greater accuracy and objectivity of the content, which is ensured by harmonizing and cross-checking the data of various departments. These advantages are important for all user groups and, first of all, for the tax authorities. Over time, obviously, the need for parallel maintenance of departmental databases may disappear (or be significantly reduced), which will also entail significant cost savings.
The task of systematization in the UROS can in principle be solved on the basis of the classification of the entire set of objects of regional property. Singling out during the inventory in the total set of objects, initially those that belong to individuals or legal entities (as well as equated to them), it is possible to distinguish the entire register into only two parts (classes): the property of legal entities or individuals. At the same time, all objects that form a single property complex of any legal entity or individual are included in the UROS as one enterprise (organization), without distinction into subclasses (tangible and intangible objects), groups and subgroups. This greatly simplifies the accounting and form of the UROS, and most importantly, excludes the repeated counting of property objects, since the accounting of legal entities and individuals - owners, for example, real estate, is organized incomparably more clearly than any property. Thus, the proposed classification of objects of regional property not only finds practical use, but also makes it possible to obtain more accurate data on the amount of national wealth located in the region at a lower cost.
When including certain parameters in the characteristics of an object entered in the Unified Register, one should be guided by the target setting and the list of tasks to be solved, the most important of which are the following:
Calculation of the size and structure of regional ownership, both at a certain point in time and in dynamics over the period under study. These data can be represented as a kind of balance of regional property, which will reflect the movement of its constituent parts in the context of forms and varieties. Solving this problem in statics (at a certain point in time) and monitoring the size and structure of regional ownership in dynamics is the basis of state management of the process of transforming property relations (denationalization, privatization, nationalization) and using them to stimulate the growth of the efficiency of the regional economy.
Determining, on the basis of solving the previous problem, the magnitude of the economic potential of the region, its components (natural-environmental, resource-production and resource-labor potential), as well as its structure and dynamics - both in absolute (value) and relative terms (calculated per one or 1 thousand people). An increase in the size of the economic potential, an improvement in its structure (an increase in the share of production and intellectual components) indicates an increase in the capabilities of this territory and, consequently, an improvement in the system of state management of the development of the region's economy, which allows us to move on to solving the next task.
Improving the quality of management of the regional economy, which is reflected in the growth of the latter's efficiency.
It should be noted that these tasks have not previously been solved in the practice of managing the regional economy. Their formulation is of a prospective nature, and here an attempt has been made to consider only a part of the issues related to them. Among other tasks, it is necessary to name: increasing the revenue side of the regional and local budgets by clarifying the tax base, regulating the development of the real estate market, etc.
Taking into account the set of tasks to be solved, the characteristics of the object of regional property should include, in particular, the following parameters:
General information about the owner: name, legal address, address of the executive body, telephone (teletype, telefax, e-mail), date of registration, registration number, registering authority, specialized accounting authority, codes according to the relevant classifiers (EGRPO, OKPO, OKATO, OKOGU , OKDP, KOPF, TIN in accordance with the GRN), form of ownership (in accordance with the CFS): for foreign legal entities and individuals, the OKSM code is additionally indicated. This information allows you to identify the object according to various criteria, including the type and form of ownership.
Data on the cost characteristics of the object: balance or market value (with an indication of its type) of the property as of January 1 of each year.
Information on the share of various owners in the value of the object being taken into account, as well as on the contribution of the latter to the value of other property objects. These data make it possible to distinguish between the property of various legal entities and individuals.
Indicators characterizing the activities of legal (individual) entities: sales proceeds or similar indicators, costs for economic elements, profit (loss), etc.
Other information from registers (cadastres) maintained by specialized accounting authorities. This information is included in the EROS database only if it is economically feasible to store and process additional information. To keep the unified register of property objects up to date, the listed information must be regularly updated in accordance with the annual reporting of enterprises and organizations. In this regard, the regional bodies of state statistics should play the most important role.
Analysis of the activities of the Committee for Property Management and Land Relations of the city of Chelyabinsk on the accounting of municipal property
State land cadastre
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Legal regulation of cadastral registration of capital construction objects
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The goals, objectives and principles of privatization of state property of the Chuvash Republic are well disclosed in the Forecast plan (program) for the privatization of state property of the Chuvash Republic...
Clarification of the location of the boundaries and area of the land plot
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Accounting for state property
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Accounting and control in the state property management system
Lecture1 Basic provisions for the formation of a system for accounting and registration of real estate objects
The concept of cadastre and registration, goals and principles, object and subjects. The content of the cadastre.
Recognition and confirmation by the state of the fact of the emergence, transfer or termination of rights to real estate also provides additional guarantees for the protection of the interests of citizens, legal entities especially in a transitional economy. In addition, state registration of rights to real estate and transactions with it contributes to the formation of a normal civilized civil circulation of real estate.
The first work on land registration began to be carried out in the 9th-11th centuries. In "Russian Truth" by Yaroslav the Wise (1016) there is a mention of the division of lands by types of land and a mention of boundary marks. The first censuses of land in terms of quantity and quality date back to the 12th century.
The oldest cadastral documents that have come down to us are descriptions of the lands of the Tatar-Mongol yoke (XIII - XV centuries) - which, even after the liberation, served as land records for the Moscow princes for a long time.
With the reign of Ivan III (1462-1505), a landownership system was introduced (providing estates for the service life of the state), which caused frequent censuses and the development of land surveying, so that by the middle of the 16th century almost all the lands of Russia were described.
But by the middle of the 16th century, land ownership and land relations were very confused, the lands newly annexed to Russia were not described. In 1566, the Local Order was created to describe the lands, which combined all the cadastral and land surveying works. Land books were kept in it, the transfer of land was registered, and land disputes were resolved.
During the reign of Peter I, a special decree streamlined the transfer of rights to real estate during inheritance, at the same time, in connection with the introduction of a poll tax, the description and valuation of land practically ceased.
In 1765 (under Catherine II) a general land survey was carried out, which contributed to the strengthening of land ownership rights.
In 1837, the newly formed Ministry of State Property began to develop a new land cadastre, and in 1859 issued an Instruction on the assessment of state lands, the concept of easement appeared. In 1881, a mortgage system was introduced (through the Peasant Land Bank).
After the October Revolution, land relations changed dramatically. The Land Code of 1922 clearly defined the exclusive state ownership of land, securing the rights of citizens to the labor use of peasant lands. State land registration, administered by the People's Commissariat of Agriculture, was divided into main and current. Participants of land management were issued certified documents.
In 1954, a unified system for recording the land fund of the USSR and registering land users was established. In 1956, new land cadastral documents were introduced: an act for the right to use land and the State Book of Registration of Land Users. In 1961, the resolution of the Council of Ministers of the USSR "On improving the state accounting of land and their use in agriculture" outlined the development of a land cadastre that provides for state registration of land use, accounting for the quantity and quality of land.
In 1970, the Land Code of the RSFSR was adopted, which existed until 1990, where the land use registration norms were duplicated. Land registration data had legal force, registration was carried out according to the terms of land use: unlimited and temporary. State registration was carried out in the district executive committee and the city executive committee for land categories.
The disappearance of the monopoly right of state ownership of land led to the expansion of the land rights of citizens and legal entities. There was a need to revise the basics of accounting and registration of land plots. In a short time, more than 50 normative documents for the implementation of land reform were adopted.
On October 27, 1993, the Decree of the President of the Russian Federation “On the regulation of land relations and the development of agrarian reform in Russia” was issued, which affirmed the right of citizens and legal entities to dispose of land plots they own, including selling, inheriting, donating, renting pledge and rent, exchange, etc.
This decree introduced a new system of registration of rights to land, according to which the owner was to be issued a certificate of ownership of land, subject to registration in the Registration (land) book. Such Certificates (both in the case of the initial provision of a land plot during privatization, and in the case of transfer of rights during the sale and purchase or otherwise) were issued by the Committee of the Russian Federation on Land Resources and Land Management (Roskomzem).
In 1993, the Decree of the President of the Russian Federation "On the state land cadastre and registration of documents on the rights to real estate" was signed. Based on its provisions, Roskomzem and its territorial bodies were entrusted with:
Organization of maintenance of the multifunctional State Land Cadastre;
Registration and execution of documents on the rights to land plots and real estate firmly connected with the land.
Maintenance of the Land Book.
In pursuance of this Decree, Roskomzem specialists developed a number of regulatory documents for maintaining land registration and accounting, in particular, it was stipulated that each plot be assigned a unique cadastral number.
Until 2000, the Land Registry consisted of the following parts:
Registration of land ownership and land use is a record in the documents of the established sample of information about land plots, which makes it possible to unambiguously fix their legal status, qualitative, quantitative, cost characteristics, geographical parameters;
Quantitative and qualitative accounting of the land fund is a state measure for obtaining, systematizing, accumulating and updating information about the quantity, economic use, condition and quality of land resources.
Soil appraisal is a comparative assessment of the natural fertility of soils, their grouping according to natural diagnostic properties that affect crop yields, with comparable levels of agricultural technology and farming intensity.
Economic valuation of land - characterizes the productive capacity of land as a means of production using a system of natural and cost estimates.
Federal Law No. 28-FZ of January 2, 2000 “On the State Land Cadastre” defined a different content of the State Land Cadastre: “The State Land Cadastre is a systematic set of documented information obtained as a result of the state cadastral registration of land plots, about the location, purpose and legal status lands of the Russian Federation and information about the territorial zones and the presence of objects located on the land plots and firmly connected with these land plots.
The purpose of maintaining the SLC has changed: before the adoption of the law, the main goal was to provide state authorities with information about lands for making decisions on land management, after the adoption of the law, the main goal was to provide information:
state and municipal government land resources;
state control over the use and protection of land;
measures aimed at preserving and improving land fertility;
state registration of rights to real estate and transactions with it;
land management;
economic valuation of land and accounting for the value of land as part of natural
resources;
establishing a reasonable payment for land;
other activities related to the possession, use and disposal of land plots.
In 2000, for the implementation of executive functions for the provision of public services in the field of land registration, the Federal State Institution "Land and Cadastral Chamber" was created, which was part of the State Committee of the Russian Federation for Land Policy (Goskomzema).
In 2001, the State Committee of the Russian Federation for Land Policy was transformed into the Federal Land Cadastre Service of Russia (Roszemkadastr).
The legislation in the field of state registration of rights to land plots has also changed with the adoption of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” No. 122-FZ of July 21, 1997. According to this law, state registration of rights to land and other real estate and transactions with it is a legal act of recognition and confirmation by the state of the emergence, limitation, encumbrance, transfer or termination of rights in accordance with the Civil Code. It is the state registration that is the only evidence of the existence of a registered right; the right to land and other real estate confirmed by it can be challenged only in court.
As discussed above, in fact, state registration existed until January 31, 1998 (when the above-mentioned law came into force). Registration of rights to real estate objects was carried out, but by different bodies: in relation to land plots - by land committees, in relation to buildings, premises - by the Bureau of Technical Inventory, and other bodies. This is mentioned in the 6th article of the Registration Law, according to which all rights to real estate that have arisen earlier are recognized by the state and do not require any re-registration. Registration of previously arisen rights can be carried out, but only at the request of the copyright holder. Conversely, the rights that have arisen for citizens since January 31, 1998 are subject to mandatory registration with the state registration authorities.
As for the bodies that ensure the performance of this function, they have undergone repeated changes over the past decade.
Initially, in the period from 1998 to 2004, state registration was carried out by institutions of justice established in the subjects of the Russian Federation for state registration of rights in the territories of subjects and branches of institutions in the territories of cities and regions coinciding with the boundaries of municipalities. These institutions, in fact, were the executive authorities of the constituent entities of the Russian Federation.
Since January 1, 2005, due to major changes in legislation, including the legislation on state registration of rights to real estate and transactions with it, there has been a reorganization of the system of bodies that carry out state registration of rights to real estate throughout the Russian Federation. All previously established institutions of justice were transferred to federal ownership.
A unified federal vertical of registration authorities was formed. Registration departments operate in cities, districts and administrative districts. On the territory of the republic, territory, region, instead of the institution of justice, there is the Office of the Federal Registration Service for the corresponding subject of the Russian Federation. The federal authorized body in the system of registration of rights to real estate is the Federal Registration Service.
However, everything that was registered by the institutions of justice in the period from 1998 to 2004 does not require any re-registration, since both the rules for maintaining the register and the certificates issued were the same for the entire Russian Federation.
According to the Decree “On the System and Structure of Federal Executive Bodies” signed by the President of Russia on March 9, 2004, the Federal Land Cadastre Service of Russia was transformed into the Federal Agency for Real Estate Cadastre (Rosnedvizhimost). Its functions of adopting regulatory legal acts in the established field of activity were transferred to the Ministry of Economic Development and Trade of the Russian Federation, and the functions of maintaining the urban cadastre and inventory of real estate objects of the reorganized State Committee of the Russian Federation for Construction and Housing and Communal Complex were transferred to the specified agency.
The Federal Law "On the State Cadastre of Real Estate" dated 04.07.2007 No. 221-FZ regulated the transition to accounting for land plots as part of a unified cadastre of real estate.
According to this law, state real estate cadastre is a systematized set of information about recorded real estate, as well as information about the passage of the State Border of the Russian Federation, about the borders between constituent entities of the Russian Federation, the boundaries of municipalities, the boundaries of settlements, about territorial zones and zones with special conditions for the use of territories, other information. The State Real Estate Cadastre is a federal state information resource.
State cadastral registration of real estate actions of the authorized body to enter into the state real estate cadastre information about real estate, which confirm the existence of such property with characteristics that make it possible to determine such property as an individually defined thing, or confirm the termination of the existence of such real estate, as well as other information about real estate.
In May 2008, the Federal Registration Service was reassigned from the Ministry of Justice to the Ministry of Economic Development of the Russian Federation.
By Decree of the President of the Russian Federation of December 25, 2008 N 1847 "On the Federal Service for State Registration, Cadastre and Cartography" (which entered into force on March 1, 2009), the Federal Registration Service was renamed the Federal Service for State Registration, Cadastre and Cartography. At the same time, the Federal Agency for Geodesy and Cartography and the Federal Agency for Cadastre of Real Estate Objects were abolished, and their functions were transferred to an established service.
The Federal Service for State Registration, Cadastre and Cartography is entrusted with the functions of organizing a unified system of state cadastral registration of real estate and state registration of rights to real estate and transactions with it, as well as the spatial data infrastructure of the Russian Federation.
Problems of implementation of this solution:
To date, the implementation of the functions of cadastral registration of real estate and state registration of rights to real estate is regulated by independent federal laws.
First of all, these are: the Federal Law "On the State Cadastre of Real Estate" dated July 4, 2007 No. 221-FZ and the Federal Law "On State Registration of Rights to Real Estate and Transactions with It" dated July 21, 1997 No. 122-FZ.
The current legislation does not provide for the possibility of transferring documents from the applicant to other organizations for purposes not related to the performance of the main function. And this does not depend on whether we are talking about cadastral registration or registration of rights.
The second problematic point is the consolidation of databases.
To date, the registration service and the real estate cadastre agency have independent information resources. These are the State Cadastre of Real Estate and the Unified State Register of Rights to Real Estate and Transactions with It.
With the adoption of the Federal Law "On the State Cadastre of Real Estate", the issue of combining information resources found a legislative settlement.
Thus, according to Part 4 of Article 4 of the Law, the state real estate cadastre on electronic media and the Unified State Register of Rights to Real Estate and Transactions Therewith on electronic media are part of a unified federal information system created in the prescribed manner. Part 4 of Article 4 of the Law shall enter into force on January 1, 2012.
Until the day this provision enters into force, Rosregistration and Rosnedvizhimost are entrusted with the task of ensuring the creation of this information system in order to maintain the state real estate cadastre on electronic media and the Unified State Register of rights to real estate and transactions with it on electronic media. The creation of a unified information system between the Real Estate Cadastre and the Unified Register of Rights will require significant changes to the existing software product.
Registrations...
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