Tymchuk Yu.A. The Mechanism of State Registration of the Rights to Immovable Property

DOI: https://doi.org/10.15688/lc.jvolsu.2018.4.7

Yuliya A. Tymchuk, Assistant, Department of Civil and International Private Law, Volgograd State University, Base Department of the Southern Scientific Center of Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. ;
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Introduction: at present, the domestic civil circulation of immovable property is characterized by instability. One of the factors that give rise to this negative phenomenon is the long-standing problem of the reliability of the immovable property rights register.
The degree of reliability of the immovable property rights register is essential for the subjects of civil circulation, who have the right to rely on the information contained in it, without fear of their invalidity. At the same time, the analysis of the judicial practice shows an increase in the number of disputes on challenging the registered rights to immovable property. The approach formed in the judicial practice, according to which the purchaser of immovable property is obliged to commit actions aimed at checking the property, given that in the presence of the specially authorized bodies, the subject of civil circulation should not take solely the risks associated with the deprivation of the ownership of the acquired property, raises questions. However, in the conditions of the informatization of society, the authorities carry out the search of optimal methods of minimization of risks of the subjects of immovable property civil circulation through the introduction of innovative tools for solving the reliability problem of the immovable property rights register. In this regard, the main purpose of this study is to determine the prospects for the use of innovative tools in the framework of the state registration of the rights to immovable property, as well as their ability to solve the problem of information reliability of the state immovable property register. Methods: the study used both the general scientific methods (the dialectical method of cognition, analysis, synthesis, the formal logical method, etc.) and the specific scientific methods (formal legal, analytical, etc.). Results: the paper assesses the implementation of the principle of reliability of the state rights register at the present stage, as well as the author’s point of view on the possibility of using the innovative technologies in the framework of the state registration of rights. The author proves that the introduction of the blockchain technology in the activities of Rosreestr will not completely solve the problem of reliability of the EGRN data. Conclusions: the study revealed the need to create additional mechanisms for data verification at the stage of data entry into the blockchain. In addition, the need to develop the administrative regulations for certain registration actions in case of a positive decision to conduct an experiment on the introduction of the blockchain technology in the EGRN is emphasized.

Key words: principle of public reliability, Unified State Register of Immovable Property, bona fide purchaser, electronic service, blockchain.

Citation. Tymchuk Yu.A. The Mechanism of State Registration of the Rights to Immovable Property. Legal Concept, 2018, vol. 17, no. 4, pp. 53-59. DOI: https://doi.org/10.15688/lc.jvolsu.2018.4.7

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