Characteristics of State Registration of Rights to Real Estate on the Territory of the Republic of Crimea in 2014-2022

Abstract

Introduction. The integration of the new subjects of the Federation (the federal city of Sevastopol and the Republic of Crimea) into the legal field of Russia was accompanied by an active legislative process at the federal and regional levels, the establishment of sectoral authorities. These processes actively took place in the field of real estate accounting and registration of rights, had both positive and negative characteristics. Their identification, study, analysis of the main trends will optimize the process of state registration of rights in other new subjects of the Federation, will provide maximum guarantees of rights and legitimate interests of real estate owners. Materials and methods. This study is based on: 1) the results of the survey of Crimeans conducted by the authors regarding state registration of real estate rights; 2) analysis of decisions of the Crimean courts on real estate cases; 3) a set of such methods of scientific cognition as: the dialectical method, which allowed to link the theory of civil law and judicial practice; the formal legal method allowed to analyze legislative norms; the systematic method made it possible to consider the institute of state registration of ownership of real estate as a system with internal unity and relationships with other institutions of law. Results of the study. Registration of real estate in the new subjects - the federal city of Sevastopol and the Republic of Crimea, in 2014-2016 had significant features. The formation of sectoral state bodies and legislation was actively underway, which fixed a convenient and low-cost procedure for owners. Thus, the title documents issued in Ukraine were recognized as indefinite, re-registration of ownership of real estate was not required, applicants were exempt from paying state duty. At the same time, at the initial stage, this process took place with certain difficulties, which were associated with the lack of proper sectoral legislation; the legal vacuum that existed in this area (often "lawlessness") at the time of the Ukrainian state; legal illiteracy of the population; the widespread lack of title documents or state registration of rights under the legislation of Ukraine; the need for judicial recognition of property rights, which entailed a huge burden on the courts, which were also in the process of switching to Russian legislation. The process was significantly complicated by the ownership of foreign nationals of numerous real estate objects located on border areas, which is prohibited by Russian legislation. In addition, before the formation of agencies of tutorship and guardianship in the region, state registration of transactions with the property of wards was impossible. There were difficulties with the registration of the rights of heirs. There was no proper accounting and maintenance of archives in the Bureau of Technical Inventory (BTI). Due to the fact that during 2015-2016, the State Registry of Crimea actively built interdepartmental interaction with other state bodies, notary, BTI, introduced digital services, the provision of public services for the registration of real estate rights has become a clear, highly organized and lowcost process for owners. Discussion and conclusion. The transformation of the legal space of Sevastopol and the Republic of Crimea with regard to reunification with Russia is the first such experience in the history of our state. Certain negative aspects in the field of state registration of real estate rights were mostly overcome during 2014-2016. The introduction of digital services and the established interagency interaction brought this process to the existing level in other Russian regions. Experience of state registration of real estate rights obtained in 2014-2022 on the territory of Crimea, should undoubtedly be used when carrying out appropriate procedures on the territories of other new subjects of the Federation, which will facilitate the protection of the rights and legitimate interests of owners to the highest possible extent.