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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Federal Law On Amendments to the Federal Law "On State Registration of Rights to Real Property and Transactions" Accepted State Duma of the Russian Federation on December 22, 2004 Approved by the Federation Council on 24 December 2004 Article 1 Article 1 Article 1 Amend the federal law dated 21 July 1997 N 122-FZ " On State Registration of real property rights and transactions " (Legislative Assembly of the Russian Federation, 1997, N 30, art. 3594; 2001, N 11, sect. 997; N 16, est. 1533; 2002, N 15, sect. 1377; 2003, N 24, sect. 2244; 2004, N 27, sect. 2711; N 30, sect. 3081; N 35, sect. 3607; N 45, sect. The following modifications: 1) Article 4, paragraph 1, should be supplemented with the following paragraph: " Restrictions (encumsment) of rights to immovable property arising under a contract or an act of a public authority or the act of the local government, shall be subject to State registration in the cases provided for by law. "; (2) in article 7: (a), paragraph 2, add the following paragraph: " In the case of the Single State registry of rights maintained on magnetic media, information to be reported Provision to any person in accordance with paragraph 1 of this article shall be granted no later than during the working day following the day of the request for such information. "; b) in paragraph 3: first set out in , to read: " 3. Information on the content of title documents, with the exception of limitations (encumsment), summary information on the rights of an individual to immovable property, extracts containing information on the transfer of rights to objects and the recognition of the right holder by an incompetent or limited legal capacity shall be granted in the manner prescribed by law only: "; second sentence is supplemented by the words" or their legal representatives "; Paragraph 3 is supplemented by the words "or its legal representative"; in) to supplement paragraph 6 with the following: " 6. State registration authorities have the right to provide statistical information obtained on the basis of the information contained in the Single State Register of Rights to any interested person, if such information is provided. The information does not violate the rights and legitimate interests of rights holders. The statistics also include information about the total number of registered real estate transactions in a certain territory for a certain period, generalized information about The subjects of such transactions, without identifying a particular person, or the objects of such transactions, information on the average price of acquiring rights to immovable property and other such information. "; 3), article 8, paragraph 1, shall be stated as follows: editions: " 1. Information on registered rights to immovable property and the statistical information referred to in article 7, paragraph 6, of this Federal Act are provided for payment, unless otherwise stipulated by law. "; 4) in article 12: (a) Paragraph 6 should be supplemented with the following paragraph: " If the State Registration Authority has information on the recognition by citizens of incompetent or limited legal capacity, as well as information about living in a dwelling Family members of the owner of a given residential accommodation or under the guardianship or age of the family of the owner of this dwelling, which remains without parental care, is recorded in the column "Special marks" of the Single State Register of Rights. "; b) Paragraph (8), paragraph 8, delete; 5) in article 16: (a) in paragraph 4 of the second sentence, add the following sentence: " A person presents a document certifying his or her identity, and A representative of a natural person, in addition to the notarized certification a power of attorney confirming his powers, unless otherwise stipulated by federal law. A person who has the right to act without power of attorney on behalf of a legal person, presents a document certifying his or her identity, the constituent documents of a legal entity, or a notarized copy of the constituent documents of a legal person, and A representative of a legal person, in addition, a document confirming his authority to act on behalf of the legal entity, or a notarized copy of that document. "; Time for Accuracy of Accuracy to Minute "; in) In paragraph 6, replace "with the date and time of their submission" with the words "the date and time of their submission to the nearest minute"; 6), article 18, paragraph 5, should be supplemented with the following paragraphs: " Certificate of State registration of rights, mortgages and other documents shall be issued to the right holder, a natural person or a representative of the right holder, with the last notarized power of attorney confirming his/her authorization to obtain such authorization. of the relevant documents, unless otherwise specified by a federal law. If the right holder is a legal person, the certificate of state registration of rights, mortgages and other documents shall be issued to a person entitled to act without a power of attorney on behalf of a legal person or an employee or to another representative of that legal person, provided he has a notarized power of attorney certifying his authority to obtain such documents, unless otherwise established by federal law. "; 7) Article 21 supplement paragraph 3 with the following: " 3. In the event that a technical error has caused injury to natural or legal persons, such harm shall be compensated in accordance with article 31 of this Federal Law. "; " 4. Applications for State registration of the right of shared ownership of the owners of investment shares to immovable property comprising a mutual investment fund (acquired for inclusion in the mutual fund of the investment fund), restrictions The (encumenment) of this right or transaction with the property is represented by the managing company, who has the mutual trust fund of the mutual fund. For State registration of the ownership rights of the owners of investment shares in real estate, which is a mutual investment fund (acquired for inclusion in the mutual investment fund), The limitation (encumment) of this right or transaction with the property other than the documents required under this Federal Act shall be deemed to be: shall be issued from the register of mutual funds issued in accordance with Federal Act No. 156 of 29 November 2001 on Investment Funds -The Federal Law "On Investment Funds") Order no earlier than ten days prior to the date of submission of documents for state registration; the license of the managing company, in trust management of which is located Investment Fund (original or notarized copy); , trust fund management rules (mutual trust fund management agreement for the mutual fund) with all changes made in trust in accordance with the procedure established by the Federal The Law "On Investment Funds". Under State registration of the right of shared ownership of immovable property in the Single State Register of Rights, owners of such an object are owners The investment payees of the respective mutual investment fund (without specifying the names of the owners of the investment shares and the size of their shares in the right of shared property). "; 9) Article 25 should be stated as follows: editions: " Article 25. State registration of ownership of the real property object created 1. The right to own property is registered on the basis of documents confirming its creation. 2. The title to the construction-in-progress facility shall be recorded on the basis of the documents referred to in this article. 3. In the event that the land allocated for the creation of the immovable property is owned by the claimant, the claimant's ownership of the construction in progress is registered on the basis of the documents, confirming the ownership of the land, construction permits, design documents and documents containing a description of the construction in progress. 4. In the event that the land allocated for the creation of the immovable property is owned by the applicant in a different right than the right of ownership, the claimant's ownership of the construction in progress is registered on the basis of Documents confirming the right to use the land, construction permits, design documents and documents containing a description of the construction-in-progress facility. "; 10), to supplement paragraph 4 , to read: " 4. A copy of the court's decision, which has entered into force, to which a citizen is restricted or incapacitated, is subject to a three-day period by the judicial authorities to the State Registration Authority. Details of the family members of the family of the owner of this dwelling, who are under guardianship or wardship, or of minor members of the family of the owner of a given dwelling Parental care shall be sent by the tutelage and guardianship authority to a State registration authority within three days from the date of the establishment of the guardianship or trusteeship or from the day when the tutelage and guardianship authorities became aware of the absence of parental care. "; 11) in article 31: a) Paragraph 1 Paragraph 1 should read: " 1. The authorities exercising state registration of rights under this Federal Act shall be responsible for the timely, full and accurate discharge of their duties, as set out in this Federal Act, and for the completeness and accuracy of the authenticity of the information provided regarding registered rights to immovable property and transactions with it, unjustified (not in conformity with the grounds specified in this Federal Law) denial of State registration of rights or evasion of State registration of rights. "; b) supplement the paragraph 3, to read: " 3. Inappropriate damage caused to natural or legal persons as a result of improper performance by the authorities exercising state registration of the rights conferred on them by this Federal Act, including as a result of the United The state register of the rights of records not in conformity with the law, another legal act, which establishes documents, is compensated by the execution of the Russian Federation in full. ". Article 2 This Federal Act effective 1 January 2005. President of the Russian Federation Vladimir Putin Moscow, Kremlin December 29, 2004 N 196-FZ