Recognition of earlier rights, Openness of information on state...

Article 6. Recognition of Prior Rights

1. The rights to immovable property that arose before the entry into force of this Federal Law are recognized as valid in the absence of their state registration introduced by this Federal Law. State registration of such rights is carried out at the request of their owners.

State registration of rights carried out in certain constituent entities of the United States and municipal entities before the entry into force of this Federal Law is legally valid.

2. The state registration of the right to an immovable property that has arisen prior to the enactment of this Federal Law is required for the state registration of the transfer of this right, its restriction (encumbrance) or the transaction that occurred after the entry into force of this Federal Law of a transaction with an immovable property object .

The state registration of the right to the real property object and the state registration of the transfer of this right, its restriction (encumbrance) or the transaction made after the enactment of this Federal Law with the object, which occurred prior to the enactment of this Federal Law, immovable property shall be conducted no later than a month from the date of submission of the relevant applications and other prerequisites for state registration Ava, transfer of the right, its restriction (encumbrance) or the transaction made after the enactment of this Federal Law with the immovable property of documents, unless other periods have been established by federal law (as amended by Federal Law No. 343-FZ of December 27, 2009).

The state registration of the right to an immovable property that has arisen prior to the enactment of this Federal Law is carried out at the state registration of the transfer of this right or a transaction on alienation of an immovable property object without paying a state fee (in the edition of the Federal Law of 02.11.2004 No. 127-FZ ).

In other cases provided for in paragraph 2 of this article, for state registration of the right to the immovable property object arising prior to the enactment of this Federal Law, a state fee is paid in the amount equal to half of the established state fee for state registration of rights (in the edition of the Federal of the law of 02.11.2004 No. 127-FZ).

3. The ownership of immovable property acquired by virtue of acquisitive prescription is subject to state registration after the establishment of the fact of acquisitive prescription in the manner prescribed by law.

Article 7. Openness of Information on State Registration of Rights

1. Information contained in the Unified State Register of Rights is publicly available (except for information that is restricted by federal law) and is provided by the body that registers the rights, upon request (hereinafter also referred to in this article as "requests for information") of any person including by mail, use of public communication networks or other technical means of communication, by providing access to an information resource containing information E another State Register of Rights (in the red. The federal law from 21.12.2009 number 334-FZ).

The information contained in the Unified State Register of Rights is provided in the form of an extract from the Unified State Register of Rights or in another form determined by the regulatory authority in the field of state registration of rights (in the amended version of Federal Law No. 334-FZ of December 21, FZ).

An extract from the Unified State Register of Rights must contain a description of the real estate object, registered rights to it, as well as restrictions (encumbrances) of rights, information on claims existing at the time of issue of the extract, and claims in the courts for this real estate object (paragraph introduced by Federal Law No. 334-FZ of December 21, 2009) of rights containing information about the land plot on which the real estate object is created, which includes residential and non-residential premises that represent In addition to information on mortgages, the subject of contracts for participation in shared construction is the existence of registered contracts for participation in shared construction with a list of shared construction sites, as well as firm names (names) of legal entities - participants in shared construction, names, names, patronymics of individuals participating in a shared construction construction (the paragraph is introduced by the Federal Law No. 214-FZ of 30.12.2004).

2. The information contained in the Unified State Register of Rights shall be granted within a period of not more than five working days from the date of receipt by the body exercising state registration of rights of the relevant request (maximum period), unless otherwise provided by this Federal Law.

If the provision of the requested information is not allowed in accordance with the federal law or in the Unified State Register of Rights there is no requested information, the body that carries out state registration of rights shall, within the period provided for by the first paragraph of this paragraph, issue or send an informed decision on refusal of the requested information or notification of the absence in the Unified State Register of the rights of the requested information.

The decision to refuse to provide the requested information can be appealed in court (paragraph 2 of the Federal Law No. 334-FZ of December 21, 2009).

3. Information on the content of title documents, generalized information on the rights of an individual to existing or existing real estate, statements containing information on the transfer of rights to real estate objects, as well as information on the recognition of the legal owner as incompetent or limitedly capable, are provided only (in the edition of the Federal Law from 04/06/2011 No. 129-FZ):

the rightholders or their legal representatives;

individuals and legal entities that have received a power of attorney from the rightholder or his legal representative;

to the pledgeholder in respect of immovable property held by him in pledge;

heads, deputy heads of federal executive bodies, heads, deputy heads of their territorial bodies, heads, deputy heads of state power bodies of the constituent entities of the United States, heads, deputy heads of local self-government bodies, if relevant information is needed to exercise the powers of these bodies in the established sphere of activity, including for the provision of state or municipal services (in Ed. F the Federal Law of 04.06.2011 № 129-FZ);

The paragraph has become invalid. - Federal Law No. 129-FZ of 04.06.2011;

courts, law enforcement agencies, bailiffs, executors who have cases in the business related to real property and (or) their rightholders;

persons who have the right to inherit the property of the right holder by will or by law;

The paragraph has become invalid. - Federal Law No. 129-FZ of 04.06.2011;

the arbitration manager in the bankruptcy case in respect of the immovable property belonging to the relevant debtor (the paragraph was introduced by Federal Law No. 334-FZ of December 21, 2009);

(p) The heads (officials) of the federal state bodies whose list is determined by the President of the United States and the highest officials of the subjects of the United States (heads of the highest executive bodies of state power of the subjects of the United States) in order to fulfill their obligations to counter corruption (the paragraph is introduced by the Federal Law from 21.11.2011 № 329-FZ);

To the Chairman of the Accounts Chamber of the United States, his deputy and auditors of the Accounts Chamber of the United States to support the activities of the Accounts Chamber of the United States.

Information on the rights of the testator to real estate objects, generalized information about the testator's rights to the available real estate objects are also presented at the request of the notary in connection with the opening of the inheritance. At the request of a notary, information is also provided on the rights to real estate objects and (or) copies of title documents in connection with the requisition of information and documents required for the performance of a notarial act, including information on the rights of the pledge holder for a mortgage and (or) a copy of the title deeds , information on the contents of the title documents in connection with the verification by the notary of the terms of the executive inscription (in the edition of Federal Law No. 405-FZ of 06.12.2011).

The rightholder, his legal representative, the person who received the power of attorney from the rightholder or his legal representative, on their applications in writing, are given copies of contracts and other documents expressing the content of unilateral transactions made in simple written form (the paragraph is introduced by the Federal Law of 21.12. .2009 No. 334-FZ).

If the request for the provision of information specified in this clause is submitted by mail, the authenticity of the signature of the person requesting it or its representative on such a request and the accuracy of copies of the documents attached to such a request must be notarized, unless otherwise provided was established by the regulatory agency in the field of state registration of rights (the paragraph was introduced by Federal Law No. 334-FZ of December 21, 2009).

If the request for the provision of the information specified in this clause is submitted in the form of an electronic document, such a request must be certified by an electronic digital signature of the person requesting them or by an electronic digital signature of its representative and the fidelity of the electronic image of the documents submitted with such a request must be attested in the procedure established by the regulatory authority in the field of state registration of rights (the paragraph was introduced by Federal Law No. 334-FZ of December 21, 2009) (clause 3 in the Ed. eral Law of 30.12.2008 number 306-FZ).

4. The body that carries out the state registration of rights is obliged, at the request of the rightholder, to provide him with information about persons who received information about the real estate object for which he has rights.

The information specified in this paragraph is provided to the rightholder within no more than seven working days (the paragraph is introduced by Federal Law No. 69-FZ of 09.06.2003).

5. The use of information contained in the Unified State Register of Rights, in ways or in a form that prejudices the rights and legitimate interests of rights holders, entails liability provided for by the legislation of the United States.

6. Bodies that exercise state registration of rights have the right to provide generalized information, including analytical information obtained on the basis of information contained in the Unified State Register of Rights, at the request of any person, if the provision of such information does not violate the rights and legitimate interests of rightholders Federal Law No. 334-FZ of December 21, 2009).

Information on the total number of transactions with real estate that have been registered in the state for a certain period for a certain period, generalized information on subjects of such transactions without identifying the individual person or about the objects of such transactions, information on the average purchase price rights to immovable property and other such information (in the amended version of Federal Law No. 334-FZ of December 21, 2009).

This information can be placed on the network Internet on the official website of the federal body in the field of state registration and the official site of the regulatory authority in the field of state registration of rights. Placement of such information in the network Internet is allowed if its public offering does not violate the rights and legitimate interests of rights holders (the paragraph was introduced by Federal Law No. 334-FZ of December 21, 2009).

The composition and types of such information, the terms of its provision, the order of its placement in the network "Internet"; on the said official websites are established by the regulatory authority in the field of state registration of rights (paragraph was introduced by Federal Law No. 334-FZ of December 21, 2009) (item 6 was introduced by Federal Law No. 196-FZ of December 29, 2004).

7. The body of regulatory and legal regulation in the sphere of state registration of rights establishes the procedure for providing information contained in the Unified State Register of Rights, including:

forms of extracts from the Unified State Register of Rights, requests for information, requirements for the composition of information contained in such extracts and requests;

the list of documents attached to the request for the provision of information specified in paragraph 3 of this article, and the methods for submitting them to the body that is carrying out state registration of rights;

requirements for the format of extracts from the Unified State Register of Rights, requests for information, if such statements and requests are sent electronically;

the order of dispatch from the Unified State Register of Rights, requests for information, decisions on refusal to provide requested information, notifications about the absence of requested information, including by mail, use of public communication networks or other technical means of communication;

the procedure for providing information contained in the Unified State Register of Rights by providing access to an information resource containing information from the Unified State Register of Rights;

the timing of the provision of information contained in the Unified State Register of Rights, depending on the methods of granting them and taking into account the maximum period for the provision of such information as established by this Federal Law (paragraph 7 is introduced by Federal Law No. 334-FZ of December 21, 2009).

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