English

The state registration of the rights to real estate and transactions with it (further also - the state registration of the rights) - the legal certificate of a recognition and acknowledgement by the state of occurrence, restriction (обременения), transition or the termination of the rights to real estate according to the Civil Сode of the Russian Federation.

The state registration is the unique proof of existence of the registered right. The registered right to real estate can be challenged only in the judicial order.

            The state registration of the rights is spent in all territory of the Russian Federation on the system of records established by the present Federal law on the rights to each object of real estate in the Uniform state register of the rights to real estate and transactions with it.

 Date of the state registration of the rights is day of entering of corresponding records about the rights in the Uniform state register of the rights.

The state registration of the rights is carried out on the location of real estate within the limits of registration district if other is not established by the present Federal law.

Refusal in the state registration of the rights or evasion of corresponding body from the state registration can be appealed against by the interested person or judicial police officer-executor in court, arbitration court.

The property rights and other (вещные) rights to real estate and transactions with it in conformity with clauses 130, 131, 132 and 164 Civil Сodes of the Russian Federation, except for the rights to air and sea vessels, vessels of internal navigation and space objects are a subject to the state registration. Alongside with the state registration вещных the rights to real estate the mortgage, confidential management, rent are a subject to the state registration of restriction (обременения) the rights to it, including сервитут.

Restrictions (обременения) the rights to the real estate, arising on the basis of the contract or the certificate of body of the government or the certificate of institutions of local government, are a subject to the state registration in the cases stipulated by the law.

The state registration of the rights has the open character. The body which is carrying out the state registration of the rights, is obliged to give the data containing in the Uniform state register of the rights, on any object of the real estate to any person who has shown the identification card and the application in writing (to the legal person - the documents confirming registration of the given legal person and power of its representative).

The state registration of the rights to real estate and transactions with it carry out the federal enforcement authority authorized in the field of the state registration and its territorial bodies, operating in corresponding registration districts.

The rights to real estate and transactions with it are a subject to the state registration in the Uniform state register of the rights. The uniform state register of the rights contains the information on the existing and stopped rights to objects of real estate, data about the specified objects and data on legal owners. The state registration of the rights is spent in the following order:

Reception of the documents presented for the state registration of the rights,

registration of such documents; legal examination of documents and check of legality of the transaction;

an establishment of absence of contradictions between the declared rights and already registered rights to the given object of real estate, and also other bases for refusal or stay of the state registration of the rights;

entering of records into the Uniform state register of the rights to real estate at absence of the specified contradictions and other bases for refusal or stay of the state registration of the rights;

fulfillment of inscriptions on legal documents and the certification about the made state registration of the rights.

The state registration of the rights is spent not later than in a month from the date of submission of the application and the documents necessary for the state registration, and the mortgage of premises - not later than within five working days since the specified day.

The bases for the state registration of presence, occurrence, the termination, transition, restriction (обременения) the rights to real estate and transactions with it are: the certificates published by bodies of the government or institutions of local government within the limits of their competence and by way of which is established by the legislation operated in a place of the edition of such certificates at the moment of their edition;

contracts and other transactions concerning the real estate, accomplished according to the legislation operated in the location of objects of real estate at the moment of fulfillment of the transaction;

certificates (certificates) about the privatizations of premises accomplished according to the legislation, operated in a place of realization of privatization at the moment of its fulfillment;
        certificates on the right to the inheritance; the judicial certificates which have entered validity;

certificates (certificates) on the rights to the real estate, given out by the authorized bodies of the government by way of, established by the legislation operated in a place of the edition of such certificates at the moment of their edition;

other certificates of transfer of the rights to real estate and transactions with it according to the legislation operated in a place of transfer at the moment of its fulfillment;

other documents which according to the legislation of the Russian Federation confirm presence, occurrence, the termination, transition, restriction (обременение) the rights.

The state registration of the rights stops the state registrar at occurrence at it doubts available the bases for the state registration of the rights, and also in authenticity of the presented documents or reliability of the data specified in them.

The state registrar is obliged to take necessary measures on reception of additional data and (or) to acknowledgement of authenticity of documents or reliability of the data specified in them.

The state registrar is obliged in day of decision-making on stay of the state registration of the rights in writing to notify the applicant (applicants) on stay of the state registration of the rights and about the bases of acceptance of such decision.

 Applicants have the right to present additional proofs of presence at them the bases for the state registration of the rights, and also authenticity of documents and reliability of the data specified in them.

The state registration of the rights is spent in the following order:

reception of the documents presented for the state registration of the rights, registration of such documents;

legal examination of documents and check of legality of the transaction;

an establishment of absence of contradictions between the declared rights and already registered rights to the given object of real estate, and also other bases for refusal or stay of the state registration of the rights;

entering of records into the Uniform state register of the rights to real estate at absence of the specified contradictions and other bases for refusal or stay of the state registration of the rights;

fulfillment of inscriptions on legal documents and the certification about the made state registration of the rights.

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