On Amendments And Additions To The Federal Act "on State Registration Of Rights To Real Estate And Transactions With It"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О государственной регистрации прав на недвижимое имущество и сделок с ним"

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RUSSIAN FEDERATION FEDERAL LAW On introducing changes and additions to the Federal Act "On State Registration of Rights to Real Property and Transactions" Adopted by the State Duma on 23 May 2003 Approved by the Federation Council on 28 May 2003 (In the wording of federal laws dated 13.05.2008 g. N 66-FZ; of 21.12.2009 N 334-FZ; of 06.12.2011 N 405-FZ; dated 23.07.2013 N 250-FZ Article 1. Enact the Federal Act of 21 July 1997 No. 122-FZ on "State registration of real property rights and transactions" (Collection of the Russian Federation, 1997, 3594; 2001, N 16, sect. 1533; 2002, N 15, sect. 1377) the following changes and additions: 1. Paragraph 2 of article 6 should read as follows: " 2. The State registration of the right to an immovable property prior to the enactment of this Federal Act is required by the State registration of the objects arising after the enactment of this Federal Law of Transition of the right, its limitation (encumment) or the offence committed after the promulgation of this Federal Act of a transaction with immovable property. State registration of the right to immovable property prior to the enactment of this Federal Law and the state registration of the objects that have arisen since the introduction of this Federal Law of Transition of this right, its limitations (encumsment) or after the enactment of this Federal Act, transactions with immovable property shall be conducted no later than within one month from the date of submission of the relevant declarations and other transactions. necessary for State registration of the law, the transfer of the right, Restrictions or restrictions (encumbarment) after the promulgation of this Federal Act of a transaction with the object of immovable property of documents. State registration of the right to an immovable property prior to the enactment of this Federal Law is carried out in the State registration of the transfer of this right or transaction of disposition of the object Real estate without pay. In other cases, the State registration of the right to an immovable property that arose prior to the enactment of this Federal Law shall be charged a fee equal to half of the fixed subject of the Russian Federation in the territory of the Russian Federation. in accordance with article 11 of this Federal Act of the extent of payment for State registration of the law. ". 2. In article 7: paragraph 2 of paragraph 1 is supplemented by words ", information on existing claims at the time of the issuance of the claim and the claimed rights of the real estate"; paragraph 2 after the word "five" in addition to "workers"; in paragraph 3: in the first paragraph, the first word "shall be provided in the manner prescribed by law", to be replaced by the words " shall be granted within ten working days, unless otherwise provided By federal law, "; , paragraph 6, amend to read: "courts, law enforcement agencies, bailiers who have in the proceedings related to real estate objects and (or) their rights holders;"; add the following paragraph to the paragraph: "The testator's rights to real estate are also provided at the request of the notary in connection with the discovery of the inheritance."; paragraph 4, add the following paragraph: " Specified in this paragraph information is given to the right holder in no more than seven workers do. ". 3. In article 8: paragraph 2: the first paragraph should read: " 2. The establishment of a State registration of rights to immovable property and transactions free of charge provides information on the rights of the immovable property to the relevant State body (organization), which implements State accounting and technical inventory of real estate objects, and to the State and Municipal Property Survey Authority, to the extent necessary for their work. "; , second paragraph, after the words" establishment of justice " to supplement the word "state" after the word "provides" with the word "free"; the third paragraph should read: "Law enforcement agencies, courts, bailiposts in criminal and civil cases;"; in paragraph 3: Replace the words "organization of immovable property objects" with the words "public authorities (organizations) performing public accounting and technical inventory of immovable property, public and private entities". of municipal property "; (Overtaken by force- Federal Law of 23 July 2013 N 250-FZ) N 250-FZ) 4. In article 9: in paragraph 3: in the sixth paragraph, the word "rights." should be replaced by the word "rights"; to add the following paragraphs: "to take into account in accordance with the procedure established by the Government of the Russian Federation". Federations, vacant real estate; extraditing rights holders to their statements in writing of copies of treaties and other documents expressing the content of one-sided transactions in simple written form. "; paragraph 4 as follows: " 4. The institutions of the registration of rights, if not otherwise established by federal law, are entitled to carry out only the activities provided for by this Federal Law. ". 5. Paragraph 6 of article 10 is supplemented by the words "as well as the establishment and functioning of the system of maintenance of the Single State Register of Rights in electronic form". 6. In article 12: paragraph 3, add a paragraph to read as follows: " Land identification in the Single State Register of Rights is carried out by the cadastral number, which is attributable to it by the implementing body State land cadastre activities. "; paragraph 4 should read as follows: (Spaced by Federal Law dated 23.07.2013 N250-FZ) If sections of the Unified State Register of Rights, documents stored in legal documents files and documents are recognized as material evidence in a criminal case, their seizure shall be carried out in accordance with the procedure established by the federal law. Once the sentence has entered into force, or after the expiry of the period of appeal or determination of the termination of a criminal case, the court or body of inquiry, the investigator, the prosecutor must return the specified sections and documents to the appropriate Establishment of the registration of rights. "; , paragraph 6: , paragraph 4 should be supplemented with the words", including the allocation of immovable property to objects of cultural heritage or to identified objects of cultural heritage "; paragraph 5, after the words "make entries on" with the words "State registration of transactions for the disposal of immovable property, as well as on"; sixth sentence should be supplemented with the following sentence: " For a cultural heritage site or an identified object of cultural heritage the content of the obligation to preserve the cultural heritage site or the identified object of cultural heritage, the name of the document on the basis of which the content of these obligations is written. "; paragraph 3 Paragraph 8 should be supplemented with the following sentence: " Introduction The changes to the records of the Single State Register of Rights which do not correspond to the legal title are implemented in the manner prescribed by Article 21 of this Federal Law. ". 7. In article 13: , paragraph 2: second sentence should be supplemented with the following sentence: " Notice to the right holder (right holders) of a real estate is carried out by the establishment of a justice system for the registration of rights in a period of no more than than five working days from the date of the state registration. "; 3rd paragraph to read: " State registration of the transfer of the right to an immovable property, its limitations (encumpling) or transactions with immovable property may be subject to availability State registration of previously established rights to this object in the Unified State Register of Rights. "; paragraph 3, add the following paragraph: " State Registration of a Contract for the Exclusion of an Object and the subsequent transfer of the right to the immovable property, while simultaneously submitting the applications and documents required for the State registration of the said contracts and the transfer of the right, shall be carried out within the period specified in this paragraph if is not provided for by a federal law or by a treaty. ". 8. Article 15, paragraph 1, should read: " 1. The Principal State Registrar of Rights of Immovable Property Rights and Transactions, which is the head of the registration of rights, the State Registrar of Rights of Immovable Property Rights and Transactions (hereinafter referred to as the Registrar of Rights) are assigned to In accordance with the agreement of the executive branch of the Russian Federation, the position of the executive branch of the Russian Federation, in coordination with the executive authority of the respective constituent entity of the Russian Federation. In article 16: in paragraph 1: , in the first paragraph of the first word "parties (parties)", replace "parties" with "duly completed power of attorney" with "notarized certified power of attorney unless otherwise specified". is established by federal law "; in the first sentence delete, the second sentence after the words" In the avoidance of one of the parties ", add the word" contract "; paragraph 4, delete; Paragraph (s): " State registration The right to an immovable property, which arose prior to the enactment of this Federal Act, is carried out on the basis of a statement by the right holder or the person authorized to do so. State registration of limitations (encumment) of rights, as well as transactions involving limitation (encumment) of rights, is carried out in the manner prescribed by article 13, paragraph 2, article 26, paragraph 1, paragraph 1 Articles 27 and 29, paragraph 1, of this Federal Act. (Paragraph 9 has lost its power-Federal Law of 06.12.2011) N 405-FZ) paragraph 3 should be added to the following paragraph: " State registration of the rights of the Russian Federation, the constituent entity of the Russian Federation, and municipal education, immovable property not fixed by state, municipal enterprises and institutions and constituent state execution of the Russian Federation, execution of the subject of the Russian Federation, municipal treasury, shall be carried out without Charging for State registration of rights. ". 10. In article 17, paragraph 1: , in the sixth paragraph, the word "decisions" should be replaced by the word "acts"; in paragraph 8, the word "committing." Replace the word "committed;"; , add the following new paragraph to the ninth paragraph: " other documents which, in accordance with the legislation of the Russian Federation, confirm the presence, appearance, termination, transition, limitation (encumbring) rights. "; (Paragraph 6 has expired, by Federal Law of 21.12.2009). N 334-FZ) 11. Article 18, paragraphs 4 and 5, should read as follows: (Paragraph is no more effective-Federal Law of 13 May 2008). N 66-FZ) Refinned data on borders and land area can be entered into the Unified State Register of Rights without re-registration on the basis of information provided by the body carrying out activities a State land cadastre, if there is agreement in writing of the right holder (right holders) of the land or on the basis of an application by the right holder. (Paragraph is no-valid-Federal Law of 13.05.2008) N 66-F) 5. The documents required for the State registration of documents expressing the content of transactions in simple written form and which are the basis for State registration of existence, appearance, termination, transition, restrictions (encumplement) rights are presented in at least two originals, one of whom, after the State registration of the rights, must be returned to the right holder, the second-placed in the case of the rights installation documents. The State registration of rights that arose prior to the enactment of this Federal Act on the basis of treaties and other transactions shall be made at least two copies of the transaction content, one of which is which-an original after State registration of rights must be returned to the right holder. The State Registration Statement of the Law is submitted to the Legal Institution for the registration of rights in the only original copy and after the State registration of the right is placed in the case of the legal documents. Other documents necessary for state registration (except for acts of state authorities and acts of local self-government bodies, as well as acts of courts that established rights to immovable property) are not submitted. Less than two copies, one of which is the original right after State registration of rights must be returned to the right holder. Copies of acts of state authority and acts of local self-government bodies, as well as acts of courts that established rights to immovable property, are submitted to state registration of rights at least in two copies, one of them that, after State registration, rights must be returned to the right holder. ". 12. In Article 19: Paragraphs 1 and 2, amend to read: " 1. State registration of rights is suspended by the registrar of rights when it doubts the existence of grounds for the State registration of rights, as well as the authenticity of the documents submitted or the accuracy of the information in question. The registrar is required to take the necessary steps to obtain additional information and/or to confirm the authenticity of the documents or the accuracy of the information. The Registrar of Rights must, on the date of the decision to suspend the State registration of rights in writing, notify the applicant (s) of the suspension of State registration of rights and the grounds for such decision. Complainants have the right to provide additional evidence of the existence of a basis for State registration of rights, as well as the authenticity of documents and the authenticity of the information they provide. 2. The State registration of rights referred to in paragraph 1 of this article may be suspended for a period of not more than one month (not counting the period referred to in article 13, paragraph 3, of this Federal Act). If, within a specified period of time, the reasons preventing State registration of rights are not addressed, the registrar is obliged to deny the applicant the right to register and to make a corresponding entry in the book. Document accounting. "; in paragraph 3: in the first sentence, replace the words" rights holder or authorized person "with" rights holder, parties (s) or authorized person (s) "; in the third sentence Replace the words "paragraph 1 of this article" with the words " paragraph 3 of article 13 of this Federal Law "; to supplement the following paragraphs: " State registration of rights may be suspended by the registrar for a period of not more than a month on the basis of a written statement One of the parties to the contract for the return of documents without State registration of rights in the event that the other party to the treaty did not make such a declaration. If, within a specified period of time, the reasons preventing State registration of rights are not addressed, the registrar is obliged to deny the parties to the contract in the State registration of rights and to do so in the register of documents. The Registrar of Rights is obliged, on the date of the decision to suspend the State registration of rights in writing, to notify the parties to the contract of the suspension of State registration of rights and the grounds for such a decision. " Paragraph 4 should be amended to read as follows: " If within the period of time established for the consideration of a state registration of a transaction and/or a transfer of law, but before the entry into the State [ [ United States]] Register of rights or decision-making about denial of State registration of rights in the The establishment of the registration of the rights of the immovable property or the prohibition of the use of immovable property and the State registration of rights will be decided upon by the registration of the rights of the immovable property. shall be suspended until the arrest or prohibition is lifted in accordance with the procedure established by law. The Registrar of Rights is obliged to notify the applicant (s) of the suspension of State registration of rights and the reasons for the suspension of State registration of rights within a period of not more than five working days from the date of suspension of the registration of rights in writing Suspension of State registration of rights. ". 13. In article 20: , amend the title to read: " Article 20. Grounds for denial of State registration rights. Termination of State registration rights "; in paragraph 1: in paragraph 8 of the word" property. " Replace the word "objection;"; to add the following paragraphs to the following paragraphs: "The right holder has not submitted a declaration or other necessary documents for the State registration of a previously established right to a real estate object" the existence of which is necessary for the State registration of the arising prior to the enactment of this Federal Law of the transfer of this right, its limitation (encumbrement) or the act committed after the introduction of this law Federal law of the property transaction; the documents required by this Federal Law for State Registration of Rights are presented; there is a contradiction between the stated rights and already registered rights. "; paragraph 2 reading: " 2. The existence of a judicial dispute over the boundaries of the land is not a ground for denial of public registration of rights.; to supplement paragraphs 4 and 5 as follows: " 4. Prior to the inclusion in the Single State Register of the rights of the transaction, the right or the limitation (encumment) of the law or the decision to refuse to register the right to consider a declaration (s) on the state registration of the law and other documents submitted to the State registration may be terminated on the basis of declarations by the parties to the treaty. The registrar is obliged to notify the applicants in writing of the termination of the State registration of the law, indicating the date of the decision on the termination of the State registration of the law. 5. In the case of a refusal to register the right, the payment for State registration of the right is not returned. Upon termination of the State registration of rights on the basis of the relevant declarations of the parties to the treaty, half of the amount paid for State registration of rights shall be returned. ". 14. Article 22, paragraphs 1 and 2, should read: " 1. Land rights and other immovable property belonging to the enterprise as a property complex, their restrictions (encumbering), transactions with these real estate objects are subject to State registration in the United States of America. The State Register of Rights in the location of the data of the objects in accordance with the procedure established by this Federal Law. 2. If the transaction is required as a property complex, the State registration of rights in the enterprise as a whole and the transactions with it is carried out in the institution of the registration of rights at the place of registration (residence) The person who acquires the property of the enterprise and the state registration of the lease contract, the contract on the mortgage and another limitation (encumment) of the right in the enterprise-at the place of registration of the right owner of the enterprise. If the owner of the enterprise is registered as a legal person or an individual entrepreneor in the territory of a foreign state, or the person acquiring the property of the enterprise is registered (residing) on State registration of rights is conducted at the place of registration (residence) of the participant of the transaction (party to the contract) registered in the territory of the Russian Federation, unless otherwise provided OF THE PRESIDENT OF THE RUSSIAN FEDERATION The registered right of the enterprise, as well as the registered restriction (encumbrement) of the right to an enterprise is the basis for the entry of the right-to-law restriction (encumbration) of the right to each object Property belonging to the enterprise as a property complex, in the Single State Register of Rights at the location of the real estate. ". 15. Article 25, paragraph 1, should be supplemented with the words "as well as the right to land for the creation of this real estate". 16. In article 26: in the name of the word "right" to be deleted; in paragraph 1: the first paragraph should read: " 1. State registration of real estate leases is carried out through the state registration of the lease of this real estate. "; , in the second paragraph of the word" lease right ", replace the words" lease contract "; In paragraph 2, replace "plan (drawing of boundaries)" with "cadastral plan". 17. In paragraph 2 of article 27: , in the first paragraph, replace the words "by the relevant real estate organization" with the words "the relevant public authority (organization) with State accounting and technical cooperation". An inventory of real estate objects, "; , in the second word" plan ", replace" cadastral plan "with" plan ". 18. In article 28: , paragraph 2, amend to read: " 2. In cases where the rights to an immovable property are challenged by the courts, the Registrar of Rights shall record that the right of claim by the individual is stated in relation to the rights in question. If there is no reason to obstruct the State registration of the transfer of the right and (or) transaction to the immovable property, the existence of a legal dispute about a registered right does not constitute grounds for refusal of a State party. Registration of the transfer of this right and (or) transaction to the real estate object. "; , in paragraph 3: , the words" The decisions and definitions of vessels that have entered into force "shall be replaced by the words" Copies of the decisions and definitions that have become enforceable ". "; add the following paragraphs: " State registration of immovable property arrests is carried out without payment. The copy of the decision (definition, regulation) of the seizure of immovable property is the basis for the State registration of the restriction of the right to be subjected to a restriction on the right to immovable property. Statements by the rights holder. The establishment of a justice system for the registration of rights within a period of time no later than five working days from the date of the State registration of the restriction of the right is to notify the right-holder, in writing, of the conduct of the State registration with the indication of the grounds for State registration of the restriction of the right. ". 19. In article 29: paragraph 1: , the first paragraph after the words "the declaration of the testator"; ; paragraph 2, after the word "holder", should be supplemented with the words "or the holder"; Paragraph 4 of the words "the holder of the contract, the application of the contract holder with the application of the principal contract or upon the entry into force of a decision of the court, arbitral tribunal or arbitral tribunal" shall be replaced by " the legal holder of the consignment note, of a joint statement by the holder and the solloin or on the basis of A court ruling that has entered into force ". 20. Paragraph 1 of article 31, paragraph 1, should be supplemented with the words ", for unjustified (not in accordance with the grounds specified in this Federal Act) the denial of State registration of rights, avoidance of state registration of rights". Article 2 of the Constitution shall enter into force at the expiration of three months from the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 9 June 2003 N 69-FZ