Protection of public interest in registration of rights to real estate

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The article provides characteristics of some theoretical and practical problems related to state registration of real estate. When studying this issue, it is stated that registration of rights to real estate is necessary to protect not only private but also public interests. The causes of failures that occur during registration of rights to real estate are analyzed. The inconsistency of the concept of real estate in domestic legislation is considered as one of the reasons for such failures. It is noted that the lack of clarity in the interpretation of the range of objects classified as real estate at present leads to problems in law enforcement practice. On the one hand, objects are registered whose classification as real estate is controversial. On the other hand, the number of objects recognized as real estate regardless of their registration as such is growing. In particular, the practice on the issue of recognizing highways and enterprise equipment as real estate is inconsistent. A conclusion is made about the current impossibility of introducing a doctrinally impeccable concept of real estate into domestic legislation, and the need in this regard for a targeted adjustment of the legislation clarifying the legal regime of certain types of objects. This approach will increase legal certainty for participants in the turnover and protect public interests related to state registration of real estate.

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作者简介

Anna Pushkina

Institute of State and Law of the Russian Academy of Sciences

编辑信件的主要联系方式.
Email: ann-pushkina@yandex.ru

PhD in Law, Associate Professor, Senior Researcher at the Procedural Law Sector

俄罗斯联邦, 10, Znamenka St., Moscow, 119019

参考

  1. Egorov A., Velichko V. A single real estate complex is a controversial product of the reform. On the way to the correct concept of real estate // Civics. 2019. No. 6. Pp. 80, 81, 92 (in Russ.).
  2. Eliseev N. G. Procedural contract. M., 2015 (in Russ.).
  3. Emelkina I. A. Modern theories about the essence of real estate // Herald of the Mordovian University. 2006. Vol. 16. No. 1. Pp. 51–56 (in Russ.).
  4. Institutions for the protection of state interests in the sphere of civil jurisdiction / ed. by E. V. Mikhailova. M., 2024. Pp. 324–342 (in Russ.).
  5. Mikhailova E. V. Arbitration proceedings as a procedural form of protection of public interests // State and Law. 2024. No. 3. P. 65 (in Russ.).
  6. Mikholskaya V. V., Petropavlovskaya Yu. S. Problems of legal qualification of highways as objects of real estate and protection of lands during their placement // Property relations in the Russian Federation. 2017. No. 4 (187). P. 14 (in Russ.).
  7. Fundamentals of Russian Statehood: textbook for students studying socio-humanitarian sciences / ed. by S. V. Perevezentsev. M., 2023 (in Russ.).
  8. Pushkina A. V., Lebed K. A. Actual issues of protection of citizens’ rights in the field of real estate // Constitutional and Municipal Law. 2022. No. 12. Pp. 72–76 (in Russ.).
  9. Savenkov A. N. Philosophy of Law and the formation of the Russian state-civilization. M., 2024 (in Russ.).
  10. Sukhanov E. A. Once again about real estate and property law // Problems of Civil Law in judicial practice and legislation: a collection of articles dedicated to the anniversary of Professor Vasily Vladimirovich Vitryansky / ed. by E. A. Sukhanov. M., 2021 (in Russ.).

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