State registration of real estate rights. Because of all types of property, real estate objects have always been considered as the most valuable, the state pays special attention to the consolidation and protection of rights to them. Ownership and other real rights rights of citizens and legal entities on real estate, restrictions of these rights, their occurrence, the transition and termination are subject to state registration (clause 1 of article 131 of the Civil Code).
State registration of rights to real estate is carried out by the federal authority executive powerauthorized in the field state registration (Art. 9 of the Law on State Registration of Real Estate Rights). Currently, this is the Federal Registration Service (Rosreegy). Registration is carried out in the Unified State Register of Rights to Real Estate and Transactions with Him. In this registry, the rights to land plots, sections of the subsoil, isolated water bodies and other objects that are firmly related to land (buildings, buildings, structures, etc.) are recorded.
The rights to maritime courts and internal swimming vessels are registered in the State Court Register of the Russian Federation or the ship book by authorities authorized to exercise such registration in accordance with the legislation on marine and inland water transport<1>. Rights to aircraft - in the State Register of Civil Aircraft of the Russian Federation, which is conducted by an authorized body in the field of civil aviation<2>. Space objects are also subject to special registration.
An exception to this general rule is cases of acquiring property rights provided by members of the housing and construction, country, garage or other consumer cooperative or other persons with the right to the parenacoplation that fully contributed their own fee for the apartment, the country, the garage, other premises. Ownership of such persons arises from the date of payment of a share contribution (paragraph 4 of Art. 218 GK). Therefore, the state registration of ownership of such real estate objects has not a law-affected, but an empathic confusion.
If property is not registered property, then the previously arising rights are recognized. However, when performing new transactions, it is necessary to register the ownership (paragraph 2 of Art. 6 of the Law on State Registration of Real Estate Rights). Thus, after the introduction of this law, the possibility of disposal of real estate without prior registration of previously arising rights to it.
State registration of ownership is also required with the objects of unfinished construction, which are currently recognized by independent real estate objects (clause 1 of Article 130 of the Civil Code, Art. 25 of the Law on State Registration of Real Estate Rights).
From registration of rights to real estate, it is necessary to distinguish the registration of real estate transactions. By general rule Any real estate deal is not subject to state registration and comes into force from the date of its conclusion. Only the transition rights to such a transaction is registered.
However, in some cases, not only the transition of property rights is subject to state registration directly indicated in the law, but also the transaction with real estate. In particular, the obligation of state registration is established regarding contracts for the sale and rental of enterprises as property complexes (clause 3 of Art. 560, paragraph 2 of Art. 658 GK), real estate donation contracts (clause 3 of Art. 574 GK), Purchase and sale contracts of residential premises (paragraph 2 of Art. 558 of the Civil Code), rent contracts providing for alienation of real estate under the payment of rent (Article 584 of the Civil Code), lease agreements of real estate, including those concluded for one year and more land lease agreements plots (clause 2 of Art. 609 GK, clause 2 of Art. 26 of the Land Code), rental contracts for buildings and structures, as well as non-residential premises concluded for a period of at least a year (paragraph 2 of Art. 651 GK), trust management agreements real estate (paragraph 2 of Article 1017 of the Civil Code), the contract of the collateral of real estate (mortgages) (clause 3 of Article 339 of the Civil Code).
Starting from April 1, 2005, state registration of contracts for shared participation in the construction of apartment buildings and other real estate facilities (Article 25.1 of the Law on State Registration of Real Estate Rights) is also required. Thus, the relevant treaties are actually equated with real estate transactions.
The owners of the real estate when making relevant transactions should take into account these requirements of the law, since in the absence of state registration, these transactions are recognized as invalid or non-shifted (clause 1 of article 165, paragraph 3 of Art. 433 GK).
Types of property rights subject to state registration are defined in law as follows:
- - ownership (Art. 209 of the Civil Code of the Russian Federation) is the most widely in terms of the community of the real law, providing a controlled person to the maximum possibilities of using property belonging to him;
- - limited real rights - Absolute subjective rights, to use someone else, as a rule, real estate, property in its interest and without the mediation of the owner. Types, foundations of the occurrence, the volume of the right, the limits of implementation and the procedure for registering limited real rights are established by law.
In accordance with Article 216 of the Civil Code of the Russian Federation to limited real rights include:
- - the right of life inherited land plot;
- - the right of permanent (indefinite) use of the land plot;
- - servitude;
- - the right of economic management;
- - Right of operational management Civil Code Russian Federation: Feder. Law of November 30, 1994 No. 51-ФЗ // CARC. legislation of the Russian Federation. 1994. N 32. Art. 3301 ..
Thus, a limited real law is the right to someone else's thing, i.e. On the property owned by another person. The object of limited real rights is always an individually defined thing that already has the owner. In the absence or termination of ownership of the thing, it is impossible to establish or maintain limited real law on it. Limited real rights, being derived from the right of ownership, at the same time burden the ownership and to a certain extent limit the authority of the owner. These restrictions persist and when changing the owner, i.e. They are not followed by the owner, and for the thing Braginsky M. I., Vitryansky V. V., Zvkov V. P. and others. Comment of the part of the first Civil Code Russian Federation for entrepreneurs. M., 1996 ..
- -ownership and other business rights to forest areas (Art. 93 of the Forest Code of the Russian Federation);
- -ownership and other business rights to residential premises(Art. 18 of the Housing Code of the Russian Federation);
- -rights to aircraft, as well as transactions with aircraft(Article 3 of the Law on State Registration);
- -rights to hydrotechnical and other structures located on water bodies (Art. 22.1 of the Law on State Registration);
- -property rights, which is subject to a lease agreement(Art. 20 of the Federal Law of October 29, 1998 No. 164-FZ "On Financial Rental (Leasing)".
The real estate registration system and transactions adopted in the Russian Federation is one of the most important conditions for effective real estate management, not only as a physical object of possession and use, but also as an object of law (through the empowerment). The level and quality of this system largely determine the degree of protection of rights and legitimate interests Citizens and organizations, as well as the filling of the state budget and its subjects at the expense of taxation. It is the registration that gives people the title of the owner - the legal right to real estate, which regulates the rights of its owner, and his duties. The procedure for state registration is a combination of norms regulating the relationship between the state represented by the registering authority and the person contacting the registration of the object belonging to him and the rights to it.
All objects subject to state registration and accounting are possible on the basis of the Civil Code of the Civil Code (Article 131, 216, 265, 268, 294, 296) and Art. 4 of the Law on State Registration of Rights to Real Estate Common to Five Groups:
Ownership;
- real rights;
- limitations of rights;
- real estate transactions;
- ourselves physical objectssubject to special registration or accounting.
Article 131 of the Civil Code of the Russian Federation links the moment of real estate rights with the moment of state registration of real estate in the USRP. Registration is subject to all real estate rights and commitable rights In cases provided for by law.
The task of state registration is to protect the rights of owners and guarantee the accuracy of real estate information. State registration should be carried out by unified system records for each object in the Unified State Register of Rights (USRP). Such registration cannot be challenged in court and, therefore, is a unified proof of the existence of registered law for all interested parties. This information is public.
In all other cases (except for privatization transactions made before the entry into force of the Law on Registration of Real Estate), the lack of registration entails the negligence of the transaction.
State registration is subject to the right of all forms of ownership, including state, municipal, private, common, etc.
The real rights of persons who are not owners provide a smaller volume of their owners. Related rights are the right of economic management, the right of life inherited land plot, the right permanent use Land plot and others. In their legal nature, they are absolute, the subjects of such rights can carry them out independently, without the facilitation of third parties. Even in the case of the transition of property rights to another person, the real rights of persons who are not owners are not stopped, and they can continue to implement their own emphasis on the property provided for by the relevant articles of the Civil Code of the Russian Federation. But any real right, regulated by the Civil Code of the Russian Federation, must be registered.
The third group of registration facilities are restricted (encumbrances) of real estate rights: servitude, mortgage, trust management and rental having different legal nature. A servitude is a limited real right, mortgage - a way to provide obligations, and rental and trust management - contractual obligations. Attention should be paid to the apparent inconsistency of the provisions of the Civil Code of the Russian Federation, where it is said about the registration of the rental agreements, and the law on the registration of rights to real estate, where it is meant to register the rights of the lease of real estate. Since the right to lease is embodied in the lease agreement, it should be registered precisely the contract as an objective expression of the rental right.
The rights and obligations of the landlord and the tenant arising from the lease agreement are obligatory, and in the Civil Code of the Russian Federation they should not register.
State registration of real estate transfer to trust management is carried out in the same manner as the transition of ownership. Any rights to real estate associated with order to them on trust management or guardianship should be registered only on the basis of documents defining such relations, including on the basis of contracts or court decision.
The fourth group of registration objects - actions (transactions), causing or changing the occurrence or termination, change or limit, transition or transmission property rights For real estate. Each such real estate deal must be notarized and registered in the State Border, which carries out the state registration of real estate transactions. Registration of real estate transactions is actually a three-step. it departmental registration, notarial certificate of the transaction and registration in the institution for registration of property rights or in the relevant bureau or institution for registration of real estate transactions.
Ownership and other items arise not only from contracts for sale, exchanges, donations, but also in the construction of an object, its reconstruction, sale with open trading in the executive work. According to the Civil Code of the Russian Federation and Art. The 25 Real Estate Requirements Act, newly created real estate objects are subject to state registration.
In addition to state registration, special registration may be carried out or account separate species real estate, as well as cadastral and technical accounting (inventory) of real estate objects, i.e. Description and individualization of land, buildings and other objects.
Subjects of state registration are the rights of rights to real estate.
In countries with a developed market economy, the transfer of property rights is an agreement between the buyer and the seller about the transfer of property. The transfer of property rights to property occurs if there is an entry in the registry or cadastre. The agreement must be declared in the cadastral management or in the notary in the presence of both parties. For land plots entry in the cadastre is distinctive feature Transfer of ownership.
State registration of rights to real estate and transactions with it in Russia is carried out by newly created institutions of justice to register rights - independent legal entities, accountable and controlled by the Ministry of Justice of the Russian Federation. Create institutions of justice to register the rights of the subjects of the Federation. But the appointment and exemption from the position of the registrar himself enters the functions of the Commissioner federal Body executive - the Ministry of Justice of Russia. Relationships on the registration of rights to real estate and transactions with it are regulated only by acts of federal legislation. The authorities of the constituent entities of the Russian Federation can take regulations Only about the phased creation of institutions for the registration of rights.
State registration of rights is carried out at the location of real estate within the Registration District, which has an institution of justice. The basis for registration is the acts of authorities, certificates of inheritance, contracts and other transactions, as well as the prescription prescription.
Scroll necessary documents For registration established by law on the registration of rights to real estate, includes: the right-pointing documents (real estate contracts, acts and certificates of privatization of residential premises, certificates of inheritance that have entered into force judicial decisions and other documents). The plan of the land plot and (or) the plan of the object of real estate is attached, indicating its cadastral number, the applicant's identity card, etc.
State registration should be made according to a single system of records for each real estate object in the USRP to immovable property and transactions with it, which is kept indefinitely. Registration of rights is made no later than a month from the date of submission of the application and documents necessary for registration.
At the moment, in the editorial refinement by the Council under the President of the Russian Federation, there is a draft amendments to section II of the Code of Civil Code for Codification and Improvement civil law. Changes are developed on the basis of the Decree of the President of the Russian Federation of July 18, 2008 No. 1108, the concept of the development of civil law of the Russian Federation (project federal Law № 47538-6 "On Amendments to Parts First, second, Third and Fourth, as well as in separate legislative acts Of the Russian Federation ", further - the bill). This draft law is planned to make significant changes to the institute of real law. Thus, for example, it is planned to clarify the provisions of the section dedicated to the real rights, and the section "Ownership and other real rights" to change to "real rights" and supplement new subsections of real rights (see table).
Table. Structural content of new subsections of real rights
| Subsections of real rights | ||||
Valid changes | Institute of Ownership | General provisions On real rights | Ownership | Restriction of real law |
| Conceptual apparatus | The actual domination of the face above the object of ownership, persistent until the owner has free access to the object of ownership | Related rights are the rights that provide the person to direct domination over the thing, as well as being the basis of implementing together or separately the authorities, use and orders it within the established limits. | Land plot as an object of ownership, - section of the surface of the earth, the boundaries of which are determined and certified in installed manner and in respect of which state cadastral record | Installed a closed list of limited real rights |
| Signs and rules |
|
|
| |
| Views, List | Legal and illegal (conscientious and unfair). As a general rule, the ownership is acquired by the establishment of actual domination over the thing (for example, the presentation of the acquirer of the thing) | Closed list of real rights:
| _____ |
|
| Objects |
| Individual things | Individual things | |
| Ways to protect |
|
|
|
|
Let us dwell on the consideration of changes relating to limited real rightsMost of which are introduced into Russian legislation for the first time.
1. The right of permanent land tenure (Emphitevis). Under the right of permanent land tenure (Emphitevis), the right of ownership and use of a strange land plot, installed indefinitely or for a certain period (no more than 50 years) for the purposes of agricultural production, forestry, the organization of fisheries, fish farming, hunting, creating specially protected areas and geological Objects, as well as for other purposes envisaged by the law, the achievement of which is associated with the use of natural properties and the qualities of the land plot (Article 1 of the draft law).
The right of permanent land tenure is established by the will of the owner on the basis of contract for the establishment of permanent land tenure And subject to state registration. Significant terms of contract for the establishment of permanent land tenure are:
- information about the land plot;
- goals of using land
- fee for the right of permanent land tenure;
At the same time, the board is established in the form of payments defined in the solid amount, if another frequency of payment is not provided for by law or contract or in the form of a established share of fruit, products obtained as a result of using areas.
The owner of permanent land tenure law is entitled to alienate it, transfer it to a deposit or otherwise dispose of them.
It can also be discontinued in cases:
- changes in the natural properties and the qualities of the land plot that led to the impossibility of its use in accordance with the targeted purpose;
- the expiration of a certain period to which it is installed;
- by agreement between the owner of the land plot and the person with the right of constant land tenure, except in cases where this right is transferred to the mortgage;
- seizures of the land for state and municipal needs. The right of permanent land tenure may also be discontinued on the initiative of the owner in case the person having this right, does not fulfill the obligation to improve the land plot or allows its deterioration or does not contribute to the established fee for two years in a row.
2. The right of development. The right of development is caused by the greatest interest among legal entities than physical, since, in the event of a bill, the right of development is essentially replaced by the current lease of a land plot for construction (). It is assumed that the construction of a land plot will be possible solely on the right of development.
Under the right of development it means the right of ownership and use of a stranger land plot in order to build buildings or structures and its subsequent exploitation on it (Article 1 of the draft law). Such right serves as the basis for the construction of one or several buildings and structures on someone else's land.
In other words, the role of a construction contract is to fix the emergence of this right by the will of the owner. One duty of the subject of this real law appears from the contract - once a year to pay the owner a certain fee.
The right of development is subject to state registration and is established on the basis of treaty on establishing the right of development.
Essential conditions Treaty on the development:
- information about the land plot;
- location of the built building or structure on the site;
- terms of development rights;
- information about the place of development. The placement fee is established in the form of a certain amount of payments made annually or at the same time, or providing the owner of the land plot to ownership or to possess and use the premises in the buildings erected;
- characteristics of an erected building or structure, if a citizen or legal entity is the owner of the building.
The right of development is established for a period defined in the Treaty on the establishment of the right of development, which cannot be less than 50 or more than 100 years.
The right of development have the right to dispose of them in any way (alienated it, transfer to pledge, etc.).
According to the draft law, the right of development stops:
- early by agreement between the owner of the land plot and face (persons), having (having) the right of development;
- in case of extracting the land plot for state or municipal needs or its requisition;
- termination of the contract in connection with significant change circumstances ();
- after the expiration of which it is installed.
With the termination of the development of the building and facilities belonging to the face that has the right to build enforce the owner of the land. In order to further avoid problems related to the refusal to extend this Agreement, such agreements should be concluded maximum time - 100 years.
3. Servitu. A servitude is recognized as the right of a controlled person (servitude) to restily enjoy a stranger land, building or construction (serving thing) for the implementation of this person ownership land plot, building or construction (dominant thing), if the use of the dominant thing on purpose is impossible without establishing a servitude.
Types of servitudeshown in Art. 1 bill, the establishment of other servitudes is not allowed.
So, can be installed:
- servitudes of movement - they provide for the right of passage, speed of livestock, travel;
- construction servility. In the case when construction, overhaul or the reconstruction of the building or structure is impossible without the use of someone else's land plot or other real estate object can be installed serving construction or support. Construction service - temporary placement within the borders of the land plot or other employees of construction belly, building machines and mechanisms, crane pathways, other necessary equipment, the production of earthworks in order to access the underground part of the building or structure, which is the dominant thing, followed by the restoration of employees. Serving support It is established when using a building or structure located within the boundaries of the land plot or other employees, for the support of the construction of a building or structure, including those erected or reconstructed, within the boundaries of the dominant thing;
- merials servitude (installed for removal and water supply);
- mining servitude (installed to accommodate equipment and structures necessary for mining);
- communal servitude (installed for placement, operation, repair and reconstruction of communal objects).
A servitude is established Regarding a certain circle of persons by agreement of the owners of the employees and the dominant things, and in the case of a dispute - the court. In the contract for establishing a servitude or judicial decision The type of servitude must be specified, the conditions for its implementation, as well as the size of the board for it, which can be installed as a one-time or periodic payments. A servitude cannot be installed if it deprives the owner of a thing of the opportunity to use it for its intended purpose.
The servitude is subject to termination in the following cases:
- by agreement of the owners of things, connected servitude;
- when the circumstances disappeared, which caused the need to establish a servitude; when connecting employees and dominant things;
- if the use of an employee in accordance with its changed assignment becomes impossible when serving servicing; after the service life expires (if installed);
- when coincided in one person of the owner of the employee and the dominant things.
4. Personal use.
Russian legislation Therefore, such a concept, how uzufruct does not contain, however, there are rights close to it in their content, enshrined both in civil law and in the LCD of the Russian Federation. This, in particular, can be attributed to the rights of family members of the owner (), the rights of the refusal to testify ().
6. The right to acquire someone else's immovable thing.
The right to acquire someone else's immovable thing arises from a person on the basis of his contract with the owner of the immovable thing, and in cases established by law, on the basis of an agreement with a person who is not its owner at the time of the conclusion of the contract, but will become such after the creation of an appropriate immovable thing.
A person who has the right to acquire someone else's immovable thing has exceptional law Before other persons for the purchase of this thing in their property.
Such right may arise from any agreement providing for alienation of real estate. Significant terms of the contract of the right to purchase someone else's immovable things are:
- data allowing it to determine the thing;
- the term of existence of the right to acquire someone else's immovable thing;
- board size, if the right is provided on a paid basis;
- transfer time;
- the price and time of payment of the acquired thing.
The right to acquire someone else's immovable thing is subject to state registration. At the same time, this right can be transferred to another person with simultaneous transfer of its rights and obligations under the contract, providing for the alienation of the thing in his property.
Specified law stops if:
- the thing entered the ownership of this right;
- there was a redemption by the owner of the right of its acquisition from the right holder;
- the copyright holder refused this right;
- the existence of the right;
- there was death of immovable things burdened with this right.
7. The right of something issuance. The right of things issuing provides its owner with the opportunity to periodically receive property provision in the form of goods, money, works or services in a certain amount (volume) from the owner of real estate, and in case of non-treatment of such a provision - the empower to dispose of this thing by appealing to it in order, provided for mortgage. The main difference from the mortgage here is that mortgage is a security right, while the right of something issuance is independent right. The right of something issuance provides for the owner of the immovable thing about certain actions, this is its main difference from the servitude.
The right of a real issuance can be useful when there is a dispute about the indivisible thing. In this case, one side remains an indivisible thing, and the other party receives property provision from the owner.
The right of things issuing arises based on the Treaty on the establishment of the right of material issuance with the owner or for other grounds provided by law. This agreement is subject to state registration.
Substantial terms of contract:
- the size (volume) of the property grant;
- his cash evaluation;
- frequency of provision;
- the validity of the right of material issuance.
The right of aware issuance can be established on the life of a citizen who has this right, or a different period, but not more than 100 years.
The right of something issuance is subject to termination in cases:
- the death of the owner of the right of a material issue, if this right was established for his life;
- expiration of the validity of the real issuance;
- the death of immovable things burdened by the right of something output.
8. Right of operational management. IN current edition Civil Code of the Russian Federation is the chapter dedicated to the right of operational management - "The right of economic management, the right of operational management." According to it is assumed to abolish the Institute for Economic Rights and eliminate legal uncertaintywhich lies in the fact that for enterprises or institutions that own property on the right of economic management and the right of operational management is established different legal regime.
According to the village of Yu. N., Member of the Council for Codification and Improvement of Civil Law under the President of the Russian Federation Vitryansky Vasily VladimirovichThis bill in transitional positions (clause 28 of Art. 8 of the bill) contains good rules, the novel that few people notice, where it is said that all lease agreements will be discussed with the introduction of the named bill, and enterprises will have the right to operational management. Absolutely to all property, including land.
According to the draft law, it is assumed that enterprises or institutions are not entitled to sell or dispose of otherwise belonging to him on the right of operational management of real estate. The enterprise that is not treated, as a general rule, has the right to independently dispose of his driven property, while a state-owned enterprise or an institution has the right to dispose of drivership property only with the consent of the property owner. Without the consent of the owner, a state-owned enterprise or institution has the right to manage the goods, works, services produced by them.
9. The right of limited ownership of the land plot. For this type of limited real law, a separate chapter in the Civil Code of the Russian Federation in accordance with the draft law is not provided, however, this right will be allegedly contained in the list of limited real rights and chapter on the right of ownership of buildings and structures.
The right of limited ownership of the land plot is the right of the owner of a building or structure that has no other real law or a contract with the owner of the land plot, own and use the land plot in the amount necessary to ensure its access to the specified building or construction.
The owner of the land plot is entitled, unless otherwise provided by law, require the owner of the building or structure a commensurate fee for possession and use of the land plot.
Donetsk People's Republic
LAW
On state registration of real rights
On real estate
And their restrictions (encumbrances)
This Law defines the legal, economic, organizational foundations of the state registration of real rights to immovable property and their restrictions (burdensions), and is aimed at ensuring recognition and protection by the state of such rights, creating conditions for the functioning of the real estate market.
Chapter 1. General provisions
Article 1. Scope of application of the law
1. This Law regulates relations arising in connection with the implementation of the state registration of real rights to immovable property in the Donetsk People's Republic and their restrictions (encumbrances). State registration of rights to the object of unfinished construction and their restrictions (encumbrances) in cases established by law is carried out in the manner defined by this Law, taking into account the peculiarities of the legal status of such an object.
2. The action of this Law does not apply to the state registration of the rights to air and sea vessel, internal sailing vessel, space and other objects civil rightswhich applies to the legal regime of real estate.
Article 2. Major terms
1. For the purposes of this Law, the following main terms are used:
1) state registration of real rights to immovable property and their restrictions (burdens) (hereinafter - state registration of rights) - official recognition and confirmation of the state facts, changes, transition and termination of rights to immovable property, restrictions (encumbrances) of such rights by making the appropriate Entries B. State Register real rights to real estate;
2) the state register of real rights to immovable property (hereinafter referred to as the State Register of Rights) is a unified state electronic information system containing information about real estate rights, their restrictions (encumbrances), as well as objects and subjects of such rights;
3) real estate - land plots and everything that is firmly connected with the Earth, that is, objects, the movement of which is impossible without disproportionate damage to their purpose, including buildings, structures, residential and non-residential premises, objects of unfinished construction, enterprises as uniform property complexes;
4) restrictions (encumbrances) - the presence of established law or authorized bodies in provided for by law The procedure for the conditions, prohibitions constraining the copyright holder in the exercise of ownership or other real rights to a specific object of real estate (servitude, mortgage, trust management, lease, agreements, property arrest and other).
Article 3. Principles of state registration of real rights
1. State registration of rights is mandatory. Information on real rights to immovable property and their restrictions (encumbrances) is subject to a state register of rights.
2. State registration of rights is the only proof of the existence of registered law. Registered right to real estate can only be challenged in court.
3. The real rights to immovable property and their restrictions (encumbrances) subject to state registration in accordance with this Law arise from that registration.
4. The real rights to immovable property arising before the entry into force of this Law and acquired by the method that do not contradict the legislation of the Donetsk People's Republic are recognized as valid and are not subject to mandatory state registration in the state registration bodies of real rights under such conditions:
1) if the state registration of real rights was carried out in accordance with the legislation, which operated at the time of their occurrence;
2) if at the time of the occurrence of real rights to real estate, legislation was operating, which did not provide for the mandatory registration of such rights.
Restrictions (encumbrances) of real rights to immovable property arising before the entry into force of this Law and registered in the manner prescribed by the legislation of the People's Republic of the People's Republic acting at the time of their occurrence are recognized as valid.
Restrictions (encumbrances) of real rights to real estate arising on the basis of rental agreements, pledge, servitude, rent and other registered in the manner prescribed by the legislation of the Donetsk People's Republic, acting at the time of their occurrence, are recognized as valid for persons who are aware of the presence of such restrictions (encumbrances), in particular, for the parties to contracts, on the basis of which they arose.
5. State registration of rights is public, is conducted by the state registration authority of real rights, which is obliged to provide information on registered real estate rights and their restrictions (encumbrances) in the manner prescribed by this Law. State registration of rights is carried out in order of order of receipt of applications.
6. Any transactions relative to immovable property (alienation, management, mortgage and other) are subject to ownership or other real right to such property are registered in accordance with the requirements of this Law.
7. State registration of ownership and other real rights rights to immovable property is carried out at the location of the real estate object within the territory on which the relevant state registration of real rights is valid. State registration of restrictions (encumbrances) of real rights to real estate is carried out regardless of the location of the real estate object.
Article 4. Rights and restrictions (encumbrances) that are subject to state registration
1. Required state registration is subject to real rights and restrictions (encumbrances) on immovable property located in the territory of the Donetsk People's Republic and belonging to the physical and legal entities, the state in the face of bodies authorized to manage state property, foreign citizens and stateless persons, foreign legal entities, international organizations, foreign countries, as well as municipalities in the person of local governments, namely:
1) ownership of real estate;
2) the right of ownership, the right to use (servit), the right to use the land plot for agricultural needs (Emphitevis), the right to build a land plot (superficiation), the right of economic management; The right to operational management, the right to continuous use and the right to lease (sublease) of the land plot, the right to use (hiring, renting, sublease, free use, loan) by building or other capital structures, their individual parts, mortgage, confidential property management;
3) other real rights in accordance with the law;
4) Tax deposit, the subject of which is real estate, and other limitations.
2. Real rights to real estate specified in paragraphs 2 and 3 of Part 1 of this article are derivatives and registered after the state registration of ownership of such property.
3. The ownership of the enterprise as a single property complex, residential building, building, construction (their individual parts) can be registered regardless of whether ownership of the land plot on which they are located, except if the owner of the land plot and A single property complex, a residential building, buildings, structures (their individual parts) located on it, is the same face.
Article 5. Real estate objects in respect of which state registration is held