Baltutite I.V. The Legal Regulation of Real Estate Turnover in the Context of Digitalization of the Russian Economy
DOI: https://doi.org/10.15688/lc.jvolsu.2021.1.13
Iolanta V. Baltutite, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil and Private International Law (Base Department of the Southern Scientific Centre of the Russian Academy of Sciences), Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5443-2157
Introduction: the formation and development of the real estate market as a specific sphere of market relations is one of the basic vectors of the creation in the Russian Federation of an economic system based on the prevalence of private property and market mechanisms of self-regulation, functioning and formation of the economy. The rapid development of digital technologies leads to the transformation of the entire system of public relations, including the sphere of real estate transactions. Purpose: to study the peculiarities of concluding transactions, whose object is real estate, in the context of informatization of civil turnover, as well as to develop and justify the theoretical and practical conclusions and proposals for improving the relevant legal regulation. Methods: the methodological framework for the study is based on the methods of scientific cognition, among which the main ones are the methods of consistency, analysis and comparative law. Results: the author analyzes the results of the reform of the current civil legislation and innovations in the field of the legal regulation of real estate transactions in the context of digitalization and informatization of the state and society, considers the main theoretical and practical problems of the legal regulation of the implementation and organization of such transactions using digital technologies, and also formulated specific proposals for improving the current legislation in this area. Conclusions: the innovations in the legal regulation of real estate in the context of the fourth industrial revolution contain a number of positive aspects, but it is advisable to constantly identify and develop the ways to eliminate the gaps, both in the legal regulation and in the theoretical and legal understanding of the transformation of public relations in the field of real estate transactions in the context of Industry 4.0. It is revealed that when making a transaction completely in electronic form, neither the registration authority nor the notary will be able to determine the real, desired intentions of the transaction participant, who may be under duress, or does not understand the meaning of his actions, or is misled, which may later become the basis for invalidating the transaction. In this regard, the additional mechanisms for authenticating applicants when receiving electronic public services are needed.
Key words: real estate, the fourth industrial revolution, digital technologies, electronic document management, electronic services, real estate transactions.
Citation. Baltutite I.V. The Legal Regulation of Real Estate Turnover in the Context of Digitalization of the Russian Economy. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 1, pp. 86-93. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.1.13
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