REGISTRATION OF IMMOVABLE PROPERTY RIGHTS WITHOUT BUILDING PERMISSION
( Pp. 115-120)

More about authors
Zagoruiko Igor U. professor, d-r ekon. nauk, kand. yurid. nauk
Federal State budget institution of higher education «Tyumen industrial University»
Abstract:
Aim: regulation of legal relations connected with immovables is influenced by the reforms which have been carried out in the sphere of the Russian civil law over the last 2 years. The legislator has introduced quite a lot of changes concerning immovable property. We can outline the introduction of new objects of civil law rights of changes in the Land Code, changes in period of state registration of immovable property rights. The conditions for the notaries to participate in the preparation process and effect real estate deals have been created again. At the same time some social and economic projects are being carried out in the country, which aims at reviving the economy, in particularly, through the involvement of new lands in civil stream of commerce and development of construction sector. As a whole, it supports continuously the interest of the scientific community in the legal regulation of civil relations connected with immovable property. The aim of this work is to study the procedures of state registration of immovable property rights in cases when the building permission is not required. Methods of research: the methodological basis for the research is a complex of methods of scientific cognition. General scientific methods of research such as analysis and synthesis are used in the article as well as some particular scientific methods of research such as formal and comparative methods. Conclusions: the results of the research show that there is some legal uncertainty in the procedures of state registration of immovable property rights, which should be dealt with every time the law is applied. Opportunities for further use of the results of scientific work: a number of specific features of state registration of immovable property of some new or old real estate objects are studied in connection with standards of the Town Planning Code of RF and excising state standards. The logical consequence is to study other trends and specific features of legal regulation as well as assessment of their impact on civil stream of commerce of immovables. Practical application: this article is can be useful for working lawyers of commercial companies as it briefly presents issues connected with simplified procedure of registration of rights. Social circumstances: state registration of rights is defined by current civil law as the final and integral element of acquisition of immovable property right. Creation of a new object of state registration is preceded by a number of complex and financially consuming administrative procedures including getting of building permission. At the same time the legislator has provided an opportunity for a simplified procedure of registration and removed additional administrative barriers in some cases as well as reduced the period of acquisition of immovable property rights for a new object. Many participants of civil stream of commerce are interested in the opportunity to use a simplified procedure of registration of rights which make us study this procedure in more details. Value: this work aims at students, Master's degree students, and other people studying entrepreneurial and proprietary right as well as working lawyers who deal with state registration of immovable property rights.
How to Cite:
Zagoruiko I.U., (2017), REGISTRATION OF IMMOVABLE PROPERTY RIGHTS WITHOUT BUILDING PERMISSION. Economic Problems and Legal Practice, 1 => 115-120.
Reference list:
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Grazhdanskiy kodeks Rossiyskoy Federatsii (chast pervaya): Federal nyy zakon ot 30.11.1994 № 51-FZ (red. ot 03.07.2016) // SZ RF. 1994. № 32. St. 3301; 2015. № 27. St. 3945
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Kodeks Rossiyskoy Federatsii ob administrativnykh pravonarusheniyakh: Federal nyy zakon ot 30.12.2001 № 195-FZ (red. ot 06.07.2016) // SZ RF. 2002. № 1 (ch. 1). St. 1
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O gosudarstvennoy registratsii prav na nedvizhimoe imushchestvo i sdelok s nim: Federal nyy zakon ot 21.07.1997 №122-FZ (red. ot 03.07.2016) // SZ RF. 1997. № 30. St. 3594.
Taradanov R.A. K voprosu o dopustimosti pridaniya vspomogatel nym zdaniyam, stroeniyam i sooruzheniyam statusa nedvizhimogo imushchestva. Kommentariy k Postanovleniyu Prezidiuma VAS RF ot 24.09.2013 № 1160/13 // Vestnik VAS RF. 2014. № 6. S. 54 - 65.
SHemetova N.YU. Otnesenie imushchestva k nedvizhimomu v rossiyskom prave: kriterii i svoystva nedvizhimosti Nauchnyy ezhegodnik Instituta filosofii i prava Ural skogo otdeleniya Rossiyskoy akademii nauk. 2014. Tom 14. Vyp. 4 s.127-143.
SHirvindt A.M., SHCHerbakov N.B.O ponyatii stroeniy i sooruzheniy vspomogatel nogo ispol zovaniya: k voprosu o tselyakh gradostroitel nogo zakonodatel stva i korrektnom tolkovanii zakona // Imushchestvennye otnosheniya v Rossiyskoy Federatsii, 2016, № 7. S. 24-37.
Keywords:
registration of ownership rights, the building permit, right, business law.


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