The legal aspects of the procedure of state registration of rights to land

Àâòîð: Knysh A.

Èñòî÷íèê: Young scientists' researches and achievements in science: Ìàòåðèàëû ìåæâóçîâñêîé êîíôåðåíöèè. ñ. 35–39, 2012.

Today, one of the issues, which requires a speedy resolution is to introduce a unified system of state registration of real rights on estate, including those on land.

Thus, the purpose of this article is to examine the legal aspects of the procedure of state registration of rights to land.

In the process of studying this topic, there is a problem not complete demarcation of lands within the territory of Ukraine, and as a consequence, not all plots are formed. Therefore, this paper will be considered the procedure of registration of the newly formed land.

First of all, define the notion of state registration of real estate. According to Art. 2 of the Law "On state registration of real rights on real estate and encumbrances", by her understanding – recognition and acknowledgment of the facts of the state, the transition or termination of rights to real estate, encumbrance of such rights by making an appropriate entry in the State Register of Immovable Property Rights. This term applies to the portion that is formed.

Consider the steps in the procedure of state registration of rights to immovable property, which are presented in the form of a diagram (Figure 1).

Fig.1 – Stages of registration of rights

If the land has not been formed, according to Art. 1 of the Law "On State Land Cadastre" (the Act "UGC") under the state registration of the land understand introduction to the State Land Cadastre under the Act, data on the formation of the land and giving it the cadastral number.

Procedure of registration of land is shown in Figure 2.

Fig.2 – The procedure of registration the land

Consider the problem of registration of immovable property and rights to them [1]:

• Guarantees of property rights and free access to information about them. To do this, you have created a single register data, which were entered to the right of ownership of real estate, interdictions of real estate foreclosures, real estate and mortgages.
• Protection of property rights to property of participants of civil turnover. Under present conditions property (apartments, houses, land, etc.) is essential, and in some cases virtually the only significant asset of most citizens, and sometimes the only source of income. It may be the subject of the lease, subject to collateral for a loan, etc.
• Provision of property management, state-owned. The concept of management of state property is much broader than the state registration of property rights. However, data about the property right to which is registered with the state, as well as the nature of these rights, their human limitations of economic management and operational management of specific subjects, and other information are absolutely necessary background information to make good management decisions. Provide such information as to the greatest degree of reliability is only capable of a system of state registration of property rights.
• Provision of revenue from taxation of real estate transactions. One of the main responsibilities of both natural and legal persons, the payment of taxes. State revenues from taxes related to ownership and disposition of real estate are an essential part of the state budget. But in order to collect the taxes in full, the state, represented by the tax authorities should have complete information about the owners as the objects and the other owners of rights to them, and the facts of the operation of those facilities associated with the generation of income (selling, renting rent, getting a gift, etc.).
• Providing the ability to influence from the government on the processes occurring in the real estate market. Influence on these processes is possible only having objective knowledge about their characteristics and trends. The role of the state registration in this regard can not be overestimated. In the data bank on the Rights of the real estate records all transactions made with real estate for a certain period. Automating the process of registration and connection to an automated system of various analytical programs will provide an opportunity to quickly identify market trends. Of course, the data often reflect the state registration of real processes with a certain distortion (the presence of pretended transactions, concealing the actual transaction price of its members), but in combination with other methods of studying the market, capable of recording the data set and these negative trends.

Fully functioning system of state registration of real rights to immovable property and their weights in the order specified by the Law, will begin on January 1, 2012.

Implementation of the system of state registration of real rights on real estate in Ukraine will provide the appropriate level of protection of property rights of individuals and entities on real estate guaranteed by the Constitution of Ukraine, creation of favorable conditions for the development of market relations and improving the investment climate in Ukraine.

Cïèñîê ëèòåðàòóðû

1. Land Law 25.10.2001 // Bulletin of the Verkhovna Rada of Ukraine, 2002, p.27.

2. Law about Sovereign Land Registry 09.12.2011 // Bulletin of the Verkhovna Rada of Ukraine, 2011, p.67.