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Abstract

Introduction

Real estate objects occupy a special place in the system of public relations, since economic activities and priority relations of people in all spheres of their activity are directly or indirectly related to them. Objects of real estate can be considered any land connected with the land (buildings, structures, forests, ponds), the movement of which is impossible without their depreciation and changing their purpose. They are classified, they can act as collateral for mortgage lending, and in this capacity must pass state registration.

The registration of real estate is an integral part of the land cadastre. State registration is the final stage of acquiring rights to real estate, whose rights arise and terminate from the moment of its occurrence. Real estate is one of the most worthy objects of civil rights. Citizens and legal entities are interested in obtaining rights to immovable property. The owners have the opportunity to own, dispose of and use the real estate independently. When completing the documents, each owner must have the necessary knowledge in the area of the state registration procedure [1].

1. Urgency of work

At present, the system of state registration of rights to real estate in the Donetsk People's Republic is on the initial path of its formation. The relevance of the chosen topic of this study is that the overwhelming majority of people are faced with issues of legal relations with respect to such objects of civil rights as real estate: sells, gives away, rents an apartment, dacha, land plot, etc. Therefore, it is important to know the legislative regulation of these issues.

It is also important to know that the real estate object requires a certain accounting, control, a special mechanism to prevent abuses by the participants, i.e. ensuring the legality of transactions. State authorities, as well as all their branches, have an important role in the relations of property turnover, where they act as a kind of guarantor of legal regulation in market relations [2].

All of the foregoing, as a whole, confirms the significance of this study, mediating its timeliness and novelty.

2. Aims and objectives of the study

The purpose of the scientific work is the rationale and study of models for registration of real estate objects, their restrictions and encumbrances, as well as the procedure for registration of real estate objects, the structure of the register and the proposal for an improved model of real estate registration.

To achieve this goal, you must perform the following tasks:

3. Brief analysis of the current state of registration of real estate, restrictions and encumbrances in foreign countries

The generally accepted systems of real estate registration in the world are systems that are based on registration of documents and a system of registration of rights or titles.

In the registration of documents system, an entry on the transfer of rights to real estate is entered in the register as a private agreement. The state does not bear any responsibility for these agreements. Such a system is typical for agrarian countries and it can be assumed that to some extent the analogue of such a system, in a much-reduced form, operates in Ukraine in matters related to apartments and buildings.

The system of registration of rights or titles records the fact of the agreement, rights and restrictions, drawn up accordingly. The property is displayed on large-scale maps. In the event of violations of the rights of owners, the state is liable, and all actions are carried out in accordance with the procedure established by law [3].

In general, the world cadastral systems can be divided into four groups according to their countries of application.

  1. Countries with the Napoleonic administrative system (countries of southern, southwestern and western Europe): France, Spain, Italy, etc.
  2. Countries with the German system (countries of central Europe): Germany, Austria, Switzerland.
  3. Scandinavian countries (Nordic countries): Sweden, Norway, Denmark, Finland, Iceland.
  4. English-speaking countries: Great Britain, USA, most provinces of Canada, part of the states of Australia and other countries of the world [4].

Consider the formation, formation and change of registration systems for real estate rights in developed countries. Based on the analysis of the main trends and trends of registration in Germany, France, Sweden and England, a general scheme of the main factors of real estate registration was drawn up (Figure 3.1):

The diagram of the main factors of registration of real estate in Germany, France, Sweden and England

Figure 3.1 – The diagram of the main factors of registration of real estate in Germany, France, Sweden and England
(animation: 8 frames, infinite number of repetitions, 76 kilobytes)

3.1 Analysis of the development of projects of international standards Core Cadastral Domain Model (CCDM) and Land Administration Domain Model (LADM)

The main tool for the development and compatibility of information systems is modeling. It provides the basis for interaction between systems at the global, regional and local levels. Consequently, at the FIG Congress in Munich in October 2006, a version of the Core Cadastral Domain Model (CCDM) was presented for better modeling of the organic environment.

The logical development of CCDM is the Land Administration Domain Model LADM.

LADM – is a draft international standard, which is partly based on the Cadastre 2014 concept. From LADM the information components of land management can be registered worldwide in the standard way [5,6].

Based on the current situation, the main trends and trends in registration of real estate rights in developed countries, the following conclusions can be drawn:

4. A brief overview of the development and state of registration of real estate, restrictions and encumbrances in the Russian Federation, Ukraine and the DPR

In the Russian Federation, registration of rights to immovable property is carried out by law, which entered into force on January 2, 2017 – Federal Law of 13.07.2015 On state registration of real estate.

Since 2017, there is a new electronic system of real estate rights – the Unified State Real Estate Register, which combines the Unified State Register of Rights to Real Estate and transactions with it and the Cadastre of Real Estate. Also registration actions can be performed in electronic form - applicants do not provide a single paper document, or submit documents by sending them by mail [7].

Changes in the new law on registration of real estate since 2017 are many, and they are significant. Having considered the new registration process in the Russian Federation, based on the above articles, it can be summarized that the decision-making on the issues under consideration will positively affect the quality of public services rendered by Rosreestr to state bodies, local governments, organizations and citizens.

НOn the territory of the republics of the former Soviet Union, there have been changes in the directions in the land management of the country. Since 1992, in Ukraine, the implementation of land reform has started and three properties for land have emerged state, communal and private. The legal aspect of registration of land rights and their restrictions becomes especially topical during the land reform period, as it meets the interests of the state in improving the implementation of the functions of state administration, further development of land ownership relations and land market [8].

The new procedure for state registration of rights to real estate began to operate in Ukraine from January 1, 2016. The owner confirms his ownership of the real estate in the State Register of Real Property Rights without a paper document confirming the ownership. To register real estate or carry out other procedures, you need to visit a notary or state registrar. Owners who do not have title documents for real estate will need to check personal data in the register. The information is on the website of the Ministry of Justice of Ukraine[9].

Based on the analysis of the state, the study of registration of real estate, their restrictions and encumbrances in Ukraine, we can draw the following conclusions:

In the Donetsk People's Republic (DPR) state registration of rights to real estate is carried out in accordance with the Law of the DPR On State Registration of Real Property Rights and their Restrictions (Encumbrances) of June 24, 2016 [10].

The law fixes such norms and rules:

It can be summed up that the legislation of the DPR regulates the main points of the registration procedure, determining the general procedure and requirements, including those relating to documents. The implementation of registration activities affecting real estate is due to significant efforts and time costs.

Conclusions

Based on the above analysis in foreign countries, as well as in the Russian Federation, Ukraine, and the DPR, it can be concluded that the issues related to the state registration of real estate rights in the DPR at the legislative level have been resolved. However, taking into account the experience and progress of the registration procedure in other countries, it is worth attempting to propose an improved procedure for registering real estate for optimality and its use on the territory of the republic.

List of sources

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  2. Губарева А.В. Регистрация в сфере недвижимости. [Электронный ресурс]. – Режим доступа: bibliofond.ru
  3. Черемшинський Г. Обзор опыта зарубежных стран в создании земельных регистрационных систем. / Г. Черемшинський // Укргеодезкартография.
  4. Филиппова А.П. Зарубежный опыт функционирования кадастровых информационных систем // Земельный вестник России, № 1-2, 2005 – с.63-68.
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  6. P. van Oosterom. Land Administration Domain Model (LADM, ISO 19152) Spatial Unit Package and Spatial Profiles. Quebec, Canada, – 4 November 2009.
  7. Федеральный закон О государственной регистрации недвижимости № 218-ФЗ от 13.07.2015. [Электронный ресурс]. – Режим доступа: kodeks.systecs.ru
  8. Андоленко С.С., Захаренко М.О., Андрійчук О.М. Щодо державної реєстрації прав на землю та їх обмежень. [Электронный ресурс]. – Режим доступа: ea.donntu.ru
  9. Гутгарц Е. Регистрация прав на недвижимость в 2016 году. [Электронный ресурс]. – Режим доступа: www.prostopravo.com.ua
  10. Закон ДНР О государственной регистрации вещных прав на недвижимое имущество и их ограничений (обременений) от 24 июня 2016 года. [Электронный ресурс]. – Режим доступа: dnrsovet.su
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