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

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

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RUSSIAN FEDERATION FEDERAL LAW on amendments to the Federal law "on State registration of rights to real estate and transactions with it" passed by the State Duma December 22, 2004 the year approved by the Federation Council December 24, 2004 year Article 1 amend the Federal law dated July 21, 1997 N 122-ФЗ "about the State registration of rights to real estate and transactions with it" (collection of laws of the Russian Federation , 1997, no. 30, art. 3594; 2001, N 11, art. 997; N 16, art. 1533; 2002, N 15, art. 1377; 2003, N 24, art. 2244; 2004, N 27, art. 2711; N 30, art. 3081; N 35, St. 3607; (N) 45, St. 4377) as follows: 1 article 4, paragraph 1) supplemented by a paragraph reading: "limitations (encumbrances) of immovable property rights arising under a contract or an act of a public authority or a body of local self-government act, are subject to state registration in the cases provided for by law.";
2) in article 7: (a)) paragraph 2 paragraph be supplemented as follows: "If the unified State Register of rights is kept on magnetic media, the information to be provided to any person in accordance with paragraph 1 of this article shall be provided not later than the working day following the day of seeking such information.";
b) in paragraph 3: the first paragraph shall be reworded as follows: "3. Information about the content of the documents, with the exception of information about limitations (encumbrances), generalized information on the rights of the individual to its existing real estate objects, statements containing information about the transfer of rights to real estate, as well as information on the recognition of the rights holder as incompetent or of limited dispositive capacity is provided only in accordance with the law;
second paragraph add the words "or their legal representatives";
third paragraph add the words "or his legal representative";
6 shall be amended with paragraph) to read as follows: "6. the bodies carrying out the State registration of rights, have the right to provide statistical information on the basis of the information contained in the unified State Register of rights to any interested person, if the provision of such information does not infringe the rights and legitimate interests of the rightholders.
Statistical information is also provided on the total number of the State registration of real estate transactions, prisoners in a certain area over a certain period, a summary of the subjects of such transactions, without identifying a specific person or information about objects in such transactions, information about the average cost for acquiring rights to real estate and other such information. ";
3 article 8, paragraph 1) shall be amended as follows: "1. the information of registered rights to real estate objects and referred to in paragraph 6 of article 7 of this federal law, the statistical information available for a fee, unless otherwise provided by law.";
4) in article 12: (a) paragraph 6) supplemented by a paragraph along the following lines: "If the State registration body for information about recognition of citizens be incapable or of limited legal capacity, as well as information about living in the residential premises of the family members of the owner of the residential premises under guardianship or trusteeship or underage family members of the owner of the residential premises without parental care, the record shall be entered under" special notes "the unified State Register of rights.";
b) the first sentence of the third paragraph of paragraph 8 should be deleted;
5) article 16: (a)) in paragraph 4 the second sentence deleted, supplemented by suggestions as follows: "a natural person shall present the document certifying his identity as representative of a natural person, in addition, notarized power of Attorney confirming its powers, unless otherwise stipulated in the Federal law. A person entitled to act without proxy on behalf of a legal entity shall submit a document certifying his identity, the founding documents of the legal entity or notarially certified copies of constitutive documents of legal entity, and the representative of the legal person, in addition, a document certifying his or her authority to act on behalf of the legal person, or a notarized copy of the document. ";
b) paragraph 5 shall be supplemented with the words "with the date and time of receipt of such documents to the nearest minute";
in paragraph 6 the words) "followed by the date of their submission" were replaced by the words "with the date and time of their submission to the nearest minute";
6 article 18, paragraph 5) supplement paragraphs read as follows: "the certificate on the State registration of rights, encumbrances and other documents are issued by the right holder-natural person or the representative of the copyright owner if the latter notarized power of Attorney confirming its powers to obtain such documents, unless otherwise stipulated in the Federal law.

If the copyright holder is a legal person, the certificate on the State registration of rights, encumbrances and other documents are issued to the person entitled to act without proxy on behalf of a legal person, or an employee or other representative of the specified legal entity with a notarized power of Attorney confirming its powers to obtain such documents, unless otherwise stipulated in the Federal law. ";
7) article 21 shall be amended with paragraph 3 to read as follows: "3. If, as the result of a clerical error, the natural or legal persons have been injured, such injury shall be compensated in accordance with article 31 of the present Federal law.";
8) article 24 shall be amended with paragraph 4 as follows: "4. Application for the State registration of the right of common property owners of the investment shares in the real estate constituting the mutual fund (purchased for incorporation into the mutual fund), restrictions (encumbrance) of this law or of transactions with the assets shall be submitted to the management company, in trust which is a mutual fund.
For State registration of the right of common property owners of the investment shares in real estate constituting the mutual fund (purchased for incorporation into the mutual fund), restrictions (encumbrance) of this law or of transactions with the property except the necessary in accordance with this federal law documents: extract from the register of mutual funds, issued in accordance with the procedure established by federal law of November 29, 2001 N 156-FZ "on investment funds" (hereinafter-federal law on investment funds ") not earlier than ten days before the the date for the submission of documents on State registration;
license management company, in trust which is a mutual fund (original or notarized copy);
the rules of collective investment trust management Fund (fiduciary management agreement the mutual investment fund) with all the modifications and additions that are registered in the order established by the Federal law "on investment funds".
The State registration of the right of share ownership on object of immovable property in the unified State Register of Rights stipulates that owners of such objects are owners of the investment shares of the respective mutual fund (without specifying names (names) the owners of the investment shares and the size of their share in the right of common ownership). ";
9) article 25 shall be amended as follows: "article 25. State registration of ownership of the object of immovable property 1. Ownership of created object of immovable property is registered on the basis of documents confirming the fact of its creation.
2. Ownership of the object of incomplete construction is registered on the basis of the documents referred to in this article.
3. in the case of a plot of land set aside for the creation of an object of immovable property owned by the applicant on the property right, the claimant's ownership of the object under construction is registered on the basis of documents confirming the ownership of the land, building permit, project documentation and documents containing description of the object under construction.
4. in the case of a plot of land set aside for the creation of an object of immovable property belongs to the complainant on other law than the law of property, the claimant's ownership of the object under construction is registered on the basis of documents confirming the right to use the land, building permit, project documentation and documents describing the object of incomplete construction. ";
10) article 28 shall be amended with paragraph 4 as follows: "4. the copy of the Court decision that has entered into force, which a citizen limited in dispositive capacity or recognized as incapacitated shall be compulsory within three days in the judiciary in the State registration body.
Information about living in the residential premises of the family members of the owner of the residential premises under guardianship or trusteeship or underage family members of the owner of the residential premises without parental care shall be forwarded to the Agency of guardianship and curatorship in the State registration body within three days from the date of the establishment of guardianship or supervision or from the day when the control of a guardianship and tutorship agency became aware of the absence of parental care. ";
11) article 31: (a)) the first paragraph of paragraph 1 shall be amended as follows:

"1. the bodies carrying out the State registration of rights in accordance with this federal law are responsible for timely, complete and accurate performance of their duties set forth in this federal law, as well as the completeness and authenticity of the information provided on the registered rights to real estate and transactions with it, unjustified (not appropriate grounds specified in this federal law) a refusal of State registration of rights or evasion of State registration of rights.";
b) shall be amended with paragraph 3 to read as follows: "3. The harm caused to natural or legal persons as a result of improper execution of the bodies carrying out the State registration of the rights conferred on them by this federal law responsibilities, including as a result of entering into the unified State Register of rights records that do not match the law, other legal acts, pravoustanavlivajushhim documents, shall be compensated at the expense of the Treasury of the Russian Federation in full."
Article 2 this federal law shall enter into force on January 1, 2005 year.
The President of the Russian Federation v. Putin Kremlin, Moscow 2003, N 196 December 29, 2004-FZ

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