Olga Malykhina

Faculty: Mining-geological
Speciality: Land management and cadastre

E-mail: olya.malykhina@rambler.ru

Theme of master's work: "Research of registration systems of objects of real estate and the rights to them"

Leader of work: docent Mitrofanova Elena Igorevna

The state registration of object of the real estate is the certificate of assignment to each generated object of the real estate of the unique essential elements allowing unequivocally to identify the registration given object in the territory of settlement. These essential elements of the real object are constantly maintained until the termination of its existence.

The state registration of the rights to the real estate is a certificate on the basis and from the moment of fulfillment of which to citizens and legal persons are admitted and fixed by the state the rights on the real estate and get a validity of the transaction with the real estate.

The urgency of creation, development and improvement of system of registration of objects of real estate is obvious and extremely important, as the created system should promote the decision of essentially important problems, such as:

• Maintenance of the automated conducting a ground cadastre under uniform standards, qualifiers and technological procedures;

• Management of ground resources;

• Creation of the instrument of constant actualization of data on land users and the ground areas;

• Effective conducting monitoring and the control of the grounds use;

• Assistance to the best functioning of the market of the ground.

The legal quality of these questions gets the important value, it proves to be true by a number of the accepted acts: the Ground code of Ukraine, the Law of Ukraine «About the state registration of belongings the rights to real estate and their restrictions», etc. Among the authors of scientific works on questions of registration of objects of real estate and the rights to them in Ukraine stand out: M. Sushko, T.Gritsaj, P.Osadchy, D.Bajura, N.Orlov, A.M.Tretjak, M.G.Lihogrud, M.D.Cheremshinsky, I.Zavalnaja, etc.

The problem moments of registration of objects of real estate and the rights to them is maintenance of guarantees of the property rights and an easy approach to the information on them. For this purpose it is necessary that the uniform register of the data in which the property rights to real estate would be brought, interdictions of alienations of objects of real estate, the transaction with the real estate and the mortgage has been created.

Nowadays registration in Ukraine is conducted: the state committee on ground resources provides the account of the rights to the ground and the account on houses and apartments - BTI.

To obligatory state registration are subject belongings rights on real estate which is in territory of Ukraine, physical and juridical persons, the state, territorial communities, foreigners and persons without citizenship, foreign juridical persons, the international organizations, the foreign states, and also restriction of these rights, namely [10]:

• The property right to real estate;

• Other belongings rights on another's real estate:

• The right of possession;

• The right of use;

• The right of constant using the ground area;

• The right of use of the ground area for agricultural needs;

• The right of building of the ground area;

• The right of use of real estate for more than one year.

Thus, the reliable system of registration of spatial borders of the ground areas and each subject of the real estate at present is necessary for the account of a condition of the real estate. Such system is difficult for creating, but it is even more difficult to make it function in territory of all state. It is necessary to take into account some factors at once: access to the information, presentation of the information and ease of application, an opportunity of its real use.

The purpose of work is studying existing systems of registration by experience of foreign countries and their comparison with a situation available in Ukraine, and also promotion, on the basis of the received experience of the offers and problems in improvement AS GZK of Ukraine.

According to the purpose of work the primary goals of research are formed:

• The analysis of experience of the different countries and generalization of the general principles and approaches to construction of system of registration;

• The description and the analysis of an actual condition of system of registration of Ukraine;

• Revealing, the characteristic and ordering of the basic problems of registration;

• Realization of functions of system of registration with use of the automated system of registration of objects of the real estate and the rights to them by the example of Jasinovataja.

The practical purpose of work consists in writing of own base version of the program of new system of registration according to the requirements to registration of objects of real estate and the rights to them presented above.

Practical value of the given work consists that on the basis of the investigated and analysed material, the version of the uniform register of registration of objects of real estate and the rights to them should be offered.

The given version is universal for all territory of Ukraine as it is developed on basis of AS GZK, but thus are taken into account its lacks from the legal and practical point of view. It is supposed, that approbation of the given system by the example of one city can be distributed to other cities of Ukraine. The given system has received the name AS EGRON (the automated system of uniform state registration of objects of the real estate). The enterprises which need to carry out registration of objects the real estate can use it.

Results:

The developed system AS EGRON provides performance of the following basic functions:

• Input, storage and processing of the basic characteristics and assignment of cadastral number to objects of the account;

• Editing the entered data;

• The convenient interface;

• The organization of getting information from a DB;

• Automatic formation of SQL-inquiries for access to records of tables of a DB.

The given appendix should allow to enter, edit, store and analyze the information:

• About objects of the account;
• About subjects of the right;
• About documents;
• About the rights;
• restrictions, interdictions, a pledge.

So while doing this work I have investigated:

• Theoretical concepts and vital questions of the given theme in scales of world practice and Ukraine;

• Structure and principles of functioning of the existing automated system of the state ground cadastre of Donetsk area «DONBASS - 2000»;

• Structure of tables of DB AS GZK «DONBASS - 2000» and their information filling (by the example of DB "Jasinovataja").

On the basis of my research it is possible to formulate directions of improvement of system of registration of the rights to the real estate in Ukraine:

• Legislative aspects;
• Technical;
• Organizational.

Prospects of the further development of system AS EGRON:

• Connection of the register of interdictions of alienation of objects of real estate, the register of mortgages, the register of transactions;

• Sorting the deduced information;

• Formation of forms of account;

• Monitoring and statistics.