State cadastre of real estate in terms of information about land plots. Lawyer's notes Are the old documents issued by the State Property Committee still valid

Until March 1, 2008, one of the functions of the state land administration was the maintenance of the state land cadastre. Despite the abolition of regulations governing relations on maintaining the state land cadastre, the information base of the state land cadastre, created for decades, is today the basis for the formation of the state cadastre of real estate objects in terms of information on land plots, zones and land boundaries. Before considering the issue of the state cadastre of real estate, one should dwell on the previous legislation on the state land cadastre.

Maintaining the state land cadastre ensured the adoption of informed decisions on the organization of rational use and protection of land. The state land cadastre was the most important tool for information support of land management. If in the USSR the land cadastre covered only agricultural land, then since 1992 the land cadastre of the Russian Federation has been kept in relation to all land within Russia, regardless of the form of ownership, intended purpose and permitted use.

The term "cadastre" was formed from lat. capitastrum- register, set of information. The land registry was compiled in ancient Rome, Egypt, where it was used for fiscal purposes to justify land taxation. In Western Europe, the cadastral valuation of land was first made in the 18th century. As well as in Western European countries, the land registry in pre-revolutionary Russia served to establish monetary collections (taxes). The content and forms of the land registry have changed historically. The common features for all land cadastres were the registration and registration of land tenure (land use), natural and economic description of land and their assessment 1.

Modern foreign countries have extensive experience in regulating relations for maintaining a land cadastre, and its purpose may be different. In some countries, the land registry serves only for fiscal purposes and includes such characteristics of real estate that may affect the amount of taxation (fiscal (tax) cadastral system). In other countries, the main purpose of the land cadastre is the protection of land rights through various registration systems, where information is recorded about owners, rights to real estate, about the transition, restrictions, encumbrances of real estate (legal (legal) cadastral system) 2.

The lack of systematized and reliable information about land plots and other real estate objects, modern automated systems and information technologies, their accounting and assessment is one of the unsolved problems in the field of reforming land relations 3.

The legal basis for Russian Federation the land cadastre was compiled by the Labor Code of the Russian Federation (Art. 70), the Federal Law of January 2, 2000 "On the State Land Cadastre" (entered into force on July 11, 2000) 4, Decree of the Government of the Russian Federation of December 2, 2000 No. 918 "On approval of the rules for providing information

For more details see: Land Cadastre of the USSR. M., 1967.S. 16-27. Cm.: Karamysheva O.V., Gerasimova E.L.Some legal aspects of the creation and maintenance of the state land cadastre of the Russian Federation in market conditions // State and Law. 1998. No. 3.P. 29.

See: Federal target program "Creation of an automated system for maintaining the state land cadastre and state registration of real estate objects (2002-2007)", approved. RF Government Decree of October 25, 2001 No. 745.

See: SZ RF. 2000. No. 2. Art. 149; 2004. No. 35. Art. 3607; 2006. No. 27. Art. 2881; 2006. No. 50. Art. 5279.

state land cadastre "1, Rules for the cadastral division of the territory of the Russian Federation, approved by the Government of the Russian Federation of September 6, 2000 No. 660 2, and others.

State land cadastreis a systematized set of documented information about the location, purpose, size, cadastral value of land plots, the legal status of RF lands and information about territorial zones 3 and the presence of objects located on a land plot and firmly connected with these land plots.

Thus, the land cadastre contained information about land plots, territorial zones, lands and borders of municipalities, lands and borders of subjects of the Russian Federation, lands and borders of the Russian Federation.

The purposemaintenance and creation of the state land cadastre was information support:

State and municipal land administration
resources;

State control over the use and protection
lands;

State registration of rights to real estate;

Activities aimed at preserving and increasing
land fertility;

Land management;

Economic valuation of land and accounting for the value of land in
composition of natural resources;

Establishing reasonable land payments;

Other related to the possession, use and disposal
we eat land plots of activity.

Composition of state land cadastral documentation(documents of the state land cadastre). In its form, land cadastral documentation (documents of the state land cadastre) could be text (digital) and graphic (planning and cartographic). Documentation of the information of the state land cadastre was carried out on paper and (or) electronic media. If there is a discrepancy in information,

1 See: SZ RF. 2000. No. 50. Art. 4849; 2006. No. 23. Art. 2512.

2 See: SZ RF. 2000. No. 37. Art. 3726.

3 Territorial zone -this is part of the territory, which is characterized by a special right
new regime of land use and the boundaries of which are determined
when zoning land in accordance with land, forest, urban planning,
water legislation, legislation on taxes and fees, on protection at
native environment and other legislation of the Russian Federation and the subjects of the Russian Federation.

the priority was given to information recorded on paper, unless otherwise provided by the Federal Law (Article 17).

Land cadastral documentation, depending on the content and purpose, was divided into basic, auxiliary and derivative documents. The main documents of the state land cadastre included the Unified State Register of Lands, cadastral affairs and duty cadastral maps (plans).

Unified State Register of Landscontained information about existing and ceased to exist land plots. The basic information about land plots contained in it can be divided into three groups:

a) general information and data on the legal status of land
plots: cadastral number, location (address), area,
category and permitted use of land plots, description
shedding the boundaries of land plots and their individual parts, the presence
real estate objects, as well as registered
in the Unified State Register of Rights, real rights and
encumbrances (encumbrances) of land plots, as well as information about
subjects of rights to land plots;

b) information on quality characteristics, including
indicators of the state of land fertility for certain categories
land (for example, for agricultural land).
Such natural properties and signs as relief,
soil composition, negative processes - erosion, waterlogging,
salinization, etc .;

c) information on economic characteristics, including
the size of the land payment. This information was entered on the basis of
cadastral and other land valuation data. State cadas
the estimate was made by the Federal Cadastre Agency
real estate objects, its bodies and located in their ve
by organizations for tax and other purposes,
established by law. State cadastral appraisal
was worked out to determine the cadastral value of land
plot for various purposes. Land valuation methods
depend on the intended purpose and functional use
niya lands. In the process of cadastral valuation of land,
estimated zoning of the territory (its division into estimated
zones - land plots homogeneous for their intended purpose,
kind of functional use and close in value
cadastral value). Based on the results of the estimated zoning

a map (diagram) of the estimated zones was drawn up and the cadastral value of an area unit within the boundaries of these zones was established.

The Unified State Register of Lands consisted of the State Register of Lands of the Federal Level, State Registers of Lands of Subjects of the Russian Federation, as well as State Registers of Lands of Cadastral Regions.

In order to maintain the state land cadastre and assign cadastral numbers to land plots, the Federal Law provided for the cadastral division of the territory of the Russian Federation into cadastral districts, cadastral districts and cadastral quarters (Article 18).

Cadastral districtincludes, as a rule, the territory of the constituent entities of the Russian Federation, as well as the water area of \u200b\u200binternal waters and the territorial sea adjacent to this territory. On the territory of the Russian Federation, 89 cadastral districts have been created (the fancies of which correspond to the boundaries of the subjects of the Russian Federation). Additionally, a conditional cadastral district "All-Russian" was formed to ensure the state cadastral registration land plots, representing a single land use, located in several cadastral districts.

The territory of the cadastral district is divided into cadastral districts. Cadastral areaincludes the territory of the administrative-territorial unit of the subject of the Russian Federation. The cadastral area consists of cadastral quarters,usually representing small settlements, quarters of urban or urban development and other areas limited by natural and artificial objects.

The cadastral number of the land plot included the cadastral number of the cadastral quarter and the number of the land plot in that quarter.

State cadastral registration of a land plot -this is a description and individualization in the Unified State Register of Lands of Land Plots, as a result of which each plot received such characteristics that made it possible to unambiguously distinguish it from other land plots and carry out its qualitative and economic assessment.

State cadastral registration of land plots was carried out at their location on a mandatory basis throughout the Russian Federation.

State cadastral registration was carried out within a month from the date of filing an application for its implementation. In the Federal Law "On State

nom Land Cadastre ", the grounds for suspending or refusing to conduct state cadastral registration of land plots were determined. As a result of cadastral registration, the applicant was issued with duly certified cadastral maps (plans) of land plots.

The existence of separate land accounting systems and other real estate accounting systems and the absence of a unified modern information (cartographic) accounting system for these objects significantly complicates the turnover of land plots and real estate objects located on them. Currently, in the Russian Federation, in order to ensure the efficient and rational use of land and other real estate, state guarantees of property rights and other property rights to real estate, the formation of a complete and reliable source of information about real estate objects, work is underway to create a state real estate cadastre as one of the fundamental state infrastructures.

To solve the existing problems in the field of accounting for land plots and other real estate objects, two options for creating a state cadastre of real estate were proposed: at the level of cadastral registration bodies of the constituent entities of the Russian Federation according to a single regulation or at the federal level. By the Decree of the Government of the Russian Federation of September 13, 2005 No. 560, the Subprogram "Creation of a real estate cadastre system (2006-2011) of the Federal target program" Creation of an automated system for maintaining the state land cadastre and state registration of real estate objects (2002-2007) "was approved, which based on the creation and maintenance of the state real estate cadastre at the federal level. It is this approach that excludes the possibility of double counting of real estate objects, provides more complete control over the activities of the cadastral registration authorities, simplifies the procedures for interdepartmental information exchange and processing of extraterritorial requests for providing information about cadastral registration objects, regardless of their location.

To create a state real estate cadastre, the Federal Real Estate Cadastre Agency (Federal Agency for State Property Management) needs to conduct an inventory and enter information on more than 42 million land plots and 70 million other real estate objects into the state real estate cadastre. This determines the need for a gradual transition to state

property dastru. The implementation of this subroutine is calculated in three stages. As a result, by the end of 2011, a system of state cadastral registration of real estate objects should be created throughout the territory of the Russian Federation, information content of the state cadastre of real estate should be provided and access to it for public authorities and bodies should be organized. local governmentas well as organizations and citizens. In accordance with the Federal Law of July 24, 2007 No. 221-FZ "On the State Real Estate Cadastre" 1, from January 1, 2012, the state real estate cadastre on electronic media should become part of the unified federal information system that unites the state real estate cadastre on electronic media and the United state register of rights to real estate and transactions with it on electronic media.

The Federal Law of July 24, 2007 No. 221-FZ "On the State Cadastre of Real Estate Objects" entered into force on March 1, 2008. At present, the practice of applying this law is being established and by-laws are being adopted required to implement the norms of the federal law. Maintaining a real estate cadastre is largely based on the principles that were inherent in the procedure for maintaining a state land cadastre, and in order to assign cadastral numbers to real estate objects, the cadastral division of the territory of the Russian Federation into cadastral districts, cadastral districts and cadastral quarters is preserved. Those land plots that have passed the state cadastral registration in accordance with the previously effective legislation are considered real estate objects accounted for in accordance with the named law, and the state cadastral registration of land plots is recognized as legally valid. But in general, one can state a significant change in the legislator's approach to the implementation of cadastral registration of real estate.

The State Real Estate Cadastre is a systematized collection of information about registered immovable property, as well as information about the passage of the State Border of the Russian Federation, about the borders between the subjects of the Russian Federation, the borders of municipalities, the boundaries of settlements, about territorial zones and zones with special conditions for the use of territories, other provided for by federal law information.

SZ RF. 2007. No. 31. Art. 4017.

In accordance with Art. 7 of the Federal Law "On the State Cadastre of Real Estate Objects" the following information about the unique characteristics of the land plot is entered into the real estate cadastre: cadastral number and the date of entering this cadastral number into the state real estate cadastre; description of the location of the boundaries of the property; area determined taking into account the requirements established in accordance with this law. The following additional information is also entered into the state real estate cadastre: the previously assigned state registration number (cadastral or conditional number) and information on its assignment; cadastral numbers of buildings, structures, construction in progress located within the land plot; information about property rights and about their restrictions (encumbrances) on the land plot and about the owners of these rights in the amount of information contained in the Unified State Register of Rights to Real Estate and Transactions with It; information about the cadastral value, including the date of approval of the results of determining such a value; information about forests, water bodies and about other natural objects located within the land plot; the category of land to which the land plot is assigned, and its permitted use and some others.

Information from the state cadastre of real estate on territorial zones, zones with special conditions for the use of territories include: individual designations (type, type, number, index, etc.) of such zones; a description of the location of the boundaries of such zones; the names of the state authorities or local self-government bodies that made decisions on the establishment of such zones; details of decisions of state authorities or local governments on the establishment or change of such zones and sources of official publication of these decisions; the content of restrictions on the use of real estate objects within such zones, if such zones are zones with special conditions for the use of territories.

State cadastral registrationland plot, the actions of the authorized body on entering information about the land plot into the state real estate cadastre are recognized, which confirm the existence of such an object with characteristics that make it possible to define such a land plot as an individually defined thing, or confirm the termination of its existence, as well as other provided

the law of information about the land. Cadastral registration is carried out at the location of the object in the cadastral district, within the boundaries of which this property is located. The place of implementation of cadastral registration of real estate objects located within the boundaries of two or more cadastral districts is determined in the manner established by the regulatory body in the field of cadastral relations.

The period of state cadastral registration has been reduced in comparison with the period defined in the Federal Law "On the State Land Cadastre" (30 days). As a general rule, registration of a real estate object, registration of changes in a real estate object, registration of a part of a real estate object or deregistration of a real estate object is carried out within a period of no more than twenty working days from the date of receipt by the cadastral registration body of the corresponding application for cadastral registration, and registration of the address of the copyright holder within a period of not more than five working days from the date of receipt by the cadastral registration body of the corresponding application for recording the address of the copyright holder. The law defines the grounds for suspension or refusal in state cadastral registration.

Based on the results of the cadastral registration, depending on the type of requested actions, the following should be issued:

1) cadastral passport of the property;

2) a cadastral extract of the property, containing
new properties entered into the state cadastre
information about such a property;

3) cadastral extract of the property, containing
entered in the state cadastre of real estate at the cadast
registration of information about a part of such a property, on
which is subject to the limitation (encumbrance) of property
right;

4) a cadastral extract of the property, containing
information entered into the state real estate cadastre
the termination of the existence of such a property.

Execution of works in relation to a land plot, as a result of which the preparation of documents containing information on such a land plot necessary for the implementation of cadastral registration is provided, is cadastral activities.With the adoption of the law, new entities appeared in this market segment - cadastral engineers, who act on the basis of a qualification certificate. Rosnedvizhimost must

maintain the state register of cadastral engineers. Land surveyors who previously carried out similar activities retained the right to carry out cadastral activities until January 1, 2011, if they were created before March 1, 2008.

Cadastral works are carried out on the basis of a work contract or a court ruling. As a result of cadastral work, the customer must be transferred boundary plan,which is a document drawn up on the basis of a cadastral plan of the relevant territory or a cadastral extract about the corresponding land plot and in which certain information entered into the state real estate cadastre is reproduced and information about the formed land plot or land plots is indicated, or about part or parts of the land plot, or new information about the land plot or land plots necessary for entering into the state real estate cadastre.

The boundary plan consists of graphic and text parts. In the graphic part of the land plot, the information of the cadastral plan of the corresponding territory or the cadastral extract about the corresponding land plot is reproduced, as well as the location of the boundaries of the formed land plot or land plots, or the boundaries of a part or parts of the land plot, or the clarified boundaries of land plots, access to the formed land plots (passage or driveway from common land plots), including by establishing easement. The textual part of the land survey plan contains the necessary information about the land plot or land plots, as well as information about the coordination of the location of the boundaries of land plots in the form of an act of approval of the location of such boundaries, if it is planned to submit an application for accounting for changes in one of the land plots in connection with the clarification of the location of its boundaries ...

The State Real Estate Cadastre is included in the unified federal information system, which must include the Unified State Register of Rights to Real Estate and Transactions with It. In accordance with the subprogram "Creation of a real estate cadastre system (2006-2011)", the state real estate cadastre is created as a source containing in electronic format complete and up-to-date information about real estate objects, allowing you to receive on its basis catalogs, reference and analytical materials in order to

delivering them to government bodies, local governments, as well as organizations and citizens. As already noted, the full introduction of the unified federal information system is planned by January 1, 2012.

End of work -

This topic belongs to the section:

A brief outline of the history of the development of land legislation and the Russian land system, the main provisions of Russian land legislation

Chapter is a brief outline of the history of the development of land legislation and the Russian land system .. the main provisions of Russian .. land legislation up to the year to the middle of the 19th century ..

If you need additional material on this topic, or you did not find what you were looking for, we recommend using the search in our work base:

What will we do with the received material:

If this material turned out to be useful for you, you can save it to your page on social networks:

All topics in this section:

Before 1917
By the middle of the XVI century. finally, feudal ownership of land took shape, which had an estate character. The main forms of land tenure during this period were estates and estates. Owner

Land legislation after 1917
The foundations of the land system were laid down by one of the first legislative acts of Soviet power - the Decree of the All-Russian Central Executive Committee of October 26, 1917 "On the Land" 1. The decree proclaimed the transition of the landlords

Modern land reform
Exclusive state ownership of land, complete collectivization of agriculture was discovered by the mid-1980s. deep contradictions in the development of land relations. Free

Subject, method of land law. Land law concept
Before proceeding to define the range of social relations included in the subject of land law, I would like to quote the just words of S. N. Bratus: “There are no impassable

The source of land law in the legal sense is usually understood as normative legal acts adopted by authorized bodies and containing legal norms governing land relations

Land law system
Recognition of the unity of land relations and the norms governing them does not exclude, but, on the contrary, presupposes the division of land law norms into separate groups. Homogeneous in nature, the subject

Principles of land law
The study of the principles underlying the regulation of land relations is of great theoretical and practical importance. Knowledge of the principles allows you to reveal the essence of land law and apply

Correlation of land law with other branches of law
To reveal the question of the relationship of one phenomenon with another, it is necessary to consider the similarities and differences existing between them. Since the independence of this or that branch of law as a whole is determined

Concept, composition of land legal relations
Legal relationship is a social relationship regulated by the norms of law, the participants of which have mutual rights and obligations. Land legal relationship is a public relationship in

Grounds for the emergence, change and termination of land legal relations
The grounds for the emergence, change and termination of land legal relations are legal facts - circumstances with which the norms of law associate certain legal consequences. Came

State ownership of land
For a long time in our country, the land has not

Municipal land ownership
Municipal land ownership is an independent form of ownership. For the first time the law of the municipal 1 SZ RF.

Private ownership of land
By 2007, citizens owned 7.2% of the RF land (123,831.5 thousand hectares), legal entities - 0.4% (5960.7 thousand hectares). Given the general trend in land legislation, it is possible to predict

Common ownership of land
Common ownership of land plots is the ownership of land plots by two or more persons. The land plot may belong to persons on the basis of the right of common ownership with a certain

Grounds for termination of the right of private ownership of land plots
The grounds for the termination of the right to private ownership of land plots must be provided for by law. Termination of the right to private property can be both voluntary and compulsory

Land plots
Existing in the legislation, in addition to property rights, other rights to land plots (hereinafter referred to as other types of rights to land plots) provide a legal opportunity for the non-owner of land

Lifetime inheritance right
The right to life-long inherited possession was first provided for by the 1990 Fundamentals of Legislation of the USSR and the Union Republics on Land.

Servitude - the right to limited use of a land plot. An easement is one of the types of restrictions (encumbrances), which are understood as the existing conditions, prohibitions, established

Land lease
Lease is the most common right to land plots located within the boundaries of settlements. Considering that the legislator refuses to provide state and

Free fixed-term use of the land plot
Land plots may be provided for free-of-charge fixed-term use: a) from lands in state or municipal ownership, by the executive body of the state

Grounds for termination of rights to land plots
The Land Code of the Russian Federation establishes the procedure, grounds and conditions for the forced termination of other types of rights to a land plot, except for easement (part 2 of article 45; part 2 of article 46; part 2 of article 47; article 54 of the RF LC

Administrative legal act
By the decision of the executive bodies of state power or local self-government bodies, the provision of land plots to citizens and legal entities from lands located in th

Renewal of rights to land plots
Somewhat different from that previously considered, the procedure has been established for the re-registration of rights to a land plot. Since in this case there is no need to allocate a new land plot, then the corresponding

Land transactions
Transactions are actions of citizens and legal entities aimed at establishing, changing and terminating rights and obligations. In relation to transactions with land plots, the general civil

Land purchase agreement
The contract for the sale and purchase of a land plot is one of the most common grounds for the transfer of ownership of a land plot. Under the contract of sale, one party (seller) is obliged

Agreements for exchange, donation, rent of a land plot
Under a land exchange agreement, each of the parties undertakes to transfer one product to the other party in exchange for another (Article 567 of the Civil Code of the Russian Federation). The rules of the dog apply to the barter agreement

Land inheritance
Inheritance allows, after the death of a citizen (testator), to ensure universal legal succession in the property and some non-property rights belonging to him. The inheritors

Privatization of land
Privatization is understood as the transfer by state or municipal entities of their property to the ownership of citizens and legal entities in the manner prescribed by law

Acquisitive prescription
Only a citizen or a legal entity can acquire ownership of a land plot due to acquisitive prescription. Russian Federation, subjects of the Russian Federation, as well as municipalities

general characteristics
During the Soviet period, land use was proclaimed free. Since the 1970s. a discussion began on the need to introduce a paid nature of land use in order to increase their effective

Land tax
From January 1, 2005, the norms of Ch. 31 of the Tax Code of the Russian Federation. Representative bodies of municipalities and cities of federal significance were given the right to adopt regulatory

Rent
Rent is charged for leased land plots. According to Part 3 of Art. 65 3K RF, rent is an essential condition of a land lease agreement, i.e. a lease agreement

Standard price and cadastral value of land
The question of the relationship between categories such as "standard price of land" and "cadastral value of land" cannot be recognized as unambiguously resolved by the current legislation. The Land Code of the Russian Federation does not contain

Ways to protect land rights
For a long time in science such concepts as protection and protection of rights were not distinguished. Meanwhile, these terms have different content. "Protection of rights includes a set of measures (economic, political

Compensation for losses caused by illegal actions
In case of compensation for losses, the property sphere of the victim is restored at the expense of the property of the person who violated the right to land. Losses caused by violation of the rights of owners of land plots

Compensation for Losses Caused by Lawful Actions
In case of temporary occupation of land plots, restriction of the rights of owners of land plots or deterioration of the quality of their land as a result of the activities of other persons, as well as when seizure of land plots

Land disputes
In world practice, land disputes are usually considered by civil courts, although there are known cases of the creation of specialized courts2 or administrative bodies to resolve land.

Land process
In all textbooks and textbooks on land law, as well as in a number of special works, "the presence in land law, along with substantive norms and procedural norms, is substantiated, and the corresponding

General characteristics of management in the field of use and protection of land resources
The leading role in management in the field of use and protection of land resources (hereinafter referred to as land management, land fund) belongs to the state. State land administration

Bodies in charge of management in the use of land resources
The structure of the state administration of land resources includes the state executive authorities of the Russian Federation and its subjects. Depending on the competence in the field of land management

Land management
According to Art. 68 of the RF Labor Code and Art. 1 FZ of June 18, 2001 No. 78-FZ "On land management" land management includes activities aimed at studying the state of land, planning and organizing

Land use planning
The function of land use planning is associated with the need to ensure a rational and most effective use lands. Land use planning is based on

Control over the use and protection of land
Control over the use and protection of land is the most important function of land administration. Control over the use and protection of land (land control) is an activity to

And land protection
Legal responsibility serves to ensure the rational use of land, preserve and improve its fertile layer. Legal responsibility in any branch of law is a phenomenon of many

Administrative liability for land offenses
Administrative liability is the most common type of liability for land violations. Land legislation does not contain a definition of an administrative offender

For crimes in the field of land use and protection
Registration of illegal transactions with land (Article 170 of the Criminal Code of the Russian Federation). As a result of registration of illegal transactions with land, there is a violation of the rules for the turnover or accounting of land

Civil liability for land offenses
Legal entities, citizens are obliged to compensate for the damage caused as a result of committing land offenses. The damage caused is compensated by compensation for harm in kind (restoration of

Disciplinary liability for land offenses
According to Part 1 of Art. 192 of the Labor Code of the Russian Federation, disciplinary offense - non-performance or improper performance by an employee through his fault of the labor duties assigned to him. Disciplinary responsibility

Land legal responsibility
The existence of special land legal responsibility is not an indisputable fact. Doubt about the recognition of land legal responsibility as an independent form of responsibility was high

Agricultural purpose
Agricultural lands are of particular importance as a means of agricultural production and are the second largest category of lands in the unified land fund of the Russian Federation.

Used by organizations
Subjects that can be provided with land for agricultural production are legal entities (commercial and non-commercial organizations) and general

Provided to citizens
Agricultural land is provided to citizens for personal subsidiary farming, dacha farming, gardening, truck farming, animal husbandry, haymaking, grazing.

Legal regime of land plots of peasant (farmer) households
Along with other organizational and legal forms of activity in the field of agricultural production, the legislation also provided for the formation of peasant (farmer) households. Cre

Legal regime of lands of settlements
The lands of settlements are the spatial basis for the location of industrial facilities, residential and non-residential buildings, structures, cultural and household and other facilities. Legal regime of lands inhabited

Special purpose
An independent category of lands is made up of lands for industry, energy, transport, communications, radio broadcasting, television, informatics, lands for providing space activities, lands for defense

Legal regime of industrial lands
Most of the area of \u200b\u200bspecial purpose land is occupied by industrial land. Industrial lands are lands that are used or intended for the provision of

Legal regime of energy lands
The current Land Code of the Russian Federation for the first time allocated land for energy. In accordance with Part 1 of Art. 89 of the RF Labor Code, the lands of the energy sector are lands that are used or intended 3

Legal regime of land transport
Transport lands occupy a significant part of special purpose lands; for example, land for road transport - 1.2 million hectares (6.8%), land for railway transport - 1 million hectares (5.6%).

Activities
Lands of communication, radio broadcasting, television, informatics are lands that are used or intended to support the activities of organizations and (or) communication facilities, radio broadcasting,

Legal regime of the lands of defense and security
Lands of defense and security are lands that are used or intended to support the activities of the Armed Forces of the Russian Federation, other troops, military formations and

And objects
The lands of specially protected areas include lands that have a special environmental, scientific, historical and cultural, aesthetic, recreational, health-improving and other value.

Legal regime of lands of specially protected natural areas
The main goals of the formation of specially protected natural areas are the preservation and protection of pristine areas of nature with all types of flora and fauna. To the lands of specially protected natural territories

Appointments
Recreational lands include lands intended and used for the organization of recreation, tourism, physical culture and health and sports activities of citizens. IN

Legal regime of lands of historical and cultural purpose
Lands of historical and cultural significance include lands (Article 99 of the RF LC): objects of cultural heritage of the peoples of the Russian Federation (historical and cultural monuments), including archaeological

Legal regime of forest lands
The main purpose of the forest fund lands is the use as a means of production in forestry. The lands of the forest fund include: forest lands, including lands, on

Legal regime of lands of water fund
The lands of the water fund include lands covered with surface waters, concentrated in water bodies, or occupied by hydraulic engineering and other structures located on water bodies

General Provisions
The relations on the use and protection of subsoil (hereinafter also referred to as mining relations) are closely related and connected with the relations on the use and protection of lands (land relations). It has about

Payments for the use of subsoil
The system of payments for the use of subsoil includes the following types: one-time payments for the use of subsoil upon the occurrence of certain events specified in the license; regu

Management in the field of use and protection of subsoil
Although in Art. 35 of the RF Law "On Subsoil", management, licensing, accounting and control are identified as independent elements of state regulation of subsoil use relations, considering

Responsibility for violation of subsoil legislation
The basis for liability for violation of the legislation on subsoil is an offense in the use and protection of subsoil. Regardless of the involvement of the offender in the determination, 422

General Provisions
A forest is an ecological system and a natural resource that perform environment-forming, water-protective, protective, sanitary-hygienic, health-improving and other useful functions. Forest fund borrowed

Use of forests
Individuals and legal entities have the right to use forests with or without the provision of forest plots with or without the withdrawal of forest resources. The development of forests is carried out in

Management in the field of use, protection, protection of forest reproduction
One of the principles of forest legislation and other regulatory acts regulating forest relations is sustainable forest management, in order to preserve biological diversity and reproduce

Responsibility for violation of forestry legislation
Persons guilty of violating forestry legislation are liable in accordance with the legislation of the Russian Federation. Administrative responsibility for violation of forestry legislation

General Provisions
Relations on the use and protection of water bodies (water relations) are the subject of legal regulation of water legislation. Water legislation referred to the joint jurisdiction of the Russian Federation

Water use right
General provisions. The right to water use can be considered, firstly, as a subjective right - a set of powers belonging to citizens and legal entities to use

Management in the field of use and protection of water bodies
The Water Code defines in detail the powers of the state authorities of the Russian Federation and the constituent entities of the Russian Federation in the field of water relations (Articles 24, 25). Moreover, the list of powers of state bodies

Legal measures for the protection of water bodies
The human influence on water resources in some cases has negative consequences of their pollution, clogging and depletion. Water pollution is a discharge or introduction of

Responsibility for violation of water legislation
For a guilty act or failure to act that violates water legislation, there is administrative, criminal or other liability established by law. Offenses,

General Provisions
The fauna is the property of the peoples of the Russian Federation, an integral element of the natural environment and biological diversity of the Earth, a renewable natural resource, an important regulating and stabilizing

The right to use the animal world
In the legislation of the Russian Federation, there are two different categories such as "use of the animal world" and "use of objects of the animal world". The use of the animal world is a legally conditional act

Legal regulation of hunting
Russia is one of the leading hunting countries. One of the main groups of mammals classified as objects of hunting and being the main object of hunting is wild ungulates. Most

Legal regulation of fishing
Fish are the most important type of aquatic biological resources. Depending on their habitats, the following types of fish are distinguished. Anadromous fish species - species of fish that reproduce in fresh water

Animal world
State administration in the field of rational use of wildlife is carried out by the President of the Russian Federation and the Government of the Russian Federation, the executive authorities of the constituent entities of the Russian Federation and a specially authorized

Responsibility for violation of the rules for the use of objects of the animal world
The basis for liability for violation of the rules for using objects of the animal world is the corresponding offense. Compositions of offenses for which there is administrative responsibility

Foreign countries
One of topical issues in many countries is the question of ownership of natural resources. Foreign legislation proceeds from the establishment of private and state

As follows from Art. 1 of the Law on the State Real Estate Cadastre, the state real estate cadastre is a systematized collection of information about registered real estate, as well as information about the passage of the State Border of the Russian Federation, about the borders between the subjects of the Russian Federation, the borders of municipalities, the borders of settlements, about territorial zones and zones with special conditions use of territories, as well as other information provided by law.

The State Real Estate Cadastre is a federal state information resource.

As follows from this definition, information in the state cadastre of real estate as an information system is received by means of measures for the registration of real estate. The state cadastral registration of real estate is recognized as the actions of the authorized body (Rosreestr) to enter information about real estate into the state real estate cadastre, which confirms the existence of such real estate with characteristics that make it possible to define such real estate as an individually defined thing, or confirm the termination of the existence of such real estate. property, as well as other information provided by law on real estate. Thus, each real estate object, information about which is included in the state real estate cadastre, has a state registration number that does not repeat in time and on the territory of the Russian Federation.

In order to assign cadastral numbers to real estate objects, the cadastral registration body carries out the cadastral division of the territory of the Russian Federation into cadastral districts, cadastral districts and cadastral quarters. When establishing or changing the units of the cadastral division of the territory of the Russian Federation, the corresponding information is entered into the state real estate cadastre on the basis of legal acts of the cadastral registration body.

Cadastral activity is the performance of works by an authorized person (cadastral engineer) in relation to immovable property, as a result of which the preparation of documents containing information necessary for the implementation of cadastral registration of such immovable property is ensured. In accordance with the Law on the State Real Estate Cadastre, cadastral registration of land plots, buildings, structures, premises, and construction in progress is carried out.

The following information about the unique characteristics of the real estate object is entered into the state real estate cadastre: type of real estate object (land plot, building, structure, premises, object of construction in progress); cadastral number and the date of entering this cadastral number into the state real estate cadastre; description of the location of the boundaries of the property, if the property is a land plot; a description of the location of the real estate object on the land plot, if the real estate object is a building, structure or construction in progress; the cadastral number of the building or structure in which the room is located, the number of the floor on which this room is located (if there are storeys), a description of the location of this room within this floor, or within the building or structure, or the corresponding part of the building or structure, if the object real estate is a premise; area, if the property is a land plot, building or premise.

The state real estate cadastre consists of the following sections: the register of real estate objects, cadastral affairs, cadastral maps.

The register of real estate objects is a document that contains records about real estate objects in text form by describing the information about such objects entered in the state real estate cadastre.

Cadastral files are a set of complete and systematized documents, on the basis of which the relevant information is entered into the state real estate cadastre.

Cadastral maps are thematic maps compiled on a unified cartographic basis, on which cadastral information about land plots, buildings, structures, about objects of unfinished construction, about the passage of the State Border of the Russian Federation, about the boundaries between the subjects of the Russian Federation, the boundaries of municipal formations, the boundaries of settlements, territorial zones, zones with special conditions for the use of territories, the cadastral division of the territory of the Russian Federation, as well as the location of points of reference boundary networks. The cadastral registration authority maintains cadastral maps intended for use by an unlimited number of persons (public cadastral maps). The composition of information on public cadastral maps, as well as the composition of information on other cadastral maps and the types of such maps, depending on the purposes of their use, are established by the regulatory body in the field of cadastral relations. Public cadastral maps are subject to placement on the official website of the cadastral registration body on the Internet.

Cadastral registration is carried out in connection with the formation or creation of a real estate object, the termination of its existence or a change in the unique characteristics of the real estate object. As a result of cadastral works, the cadastral engineer transfers the following documents to the customer of such cadastral works:

a landline plan (when performing cadastral works, as a result of which the preparation of documents is provided for submission to the cadastral registration body of an application for registering a land plot or land plots, for recording changes to a land plot or accounting for a part of a land plot);

• - technical plan (when performing cadastral work, as a result of which the preparation of documents is provided for submission to the cadastral registration body of an application for registering a building, structure, premises or an object of construction in progress, for accounting for its changes or accounting for a part of it);
• - an inspection report (when performing cadastral works, as a result of which the preparation of documents is provided for submission to the cadastral registration body of an application for deregistration of a building, structure, premises or an object of construction in progress).

A landline plan is a document that is drawn up on the basis of a cadastral plan of the relevant territory or a cadastral extract of the corresponding land plot and in which certain information entered into the state real estate cadastre is reproduced and information about the formed land plot or land plots is indicated, or about part or parts of the land plot , or new information about the land plot or land plots necessary for entering into the state real estate cadastre.

The land survey plan indicates information about the land plot or land plots formed in the event of cadastral work, as a result of which the preparation of documents is provided for submission to the cadastral registration body of an application for registration of a land plot or land plots, information on a part or parts of a land plot in case the performance of cadastral works, as a result of which the preparation of documents for submission to the cadastral registration body of an application for the registration of a part or parts of a land plot is provided, new information on the land plot or land plots necessary for entering into the state real estate cadastre in the case of cadastral works, as a result preparation of documents for submission to the cadastral registration body of an application for registration of changes to a land plot or land plots.

The location of the boundaries of the land plot is established by determining the coordinates of the characteristic points of such boundaries, i.e. points of changing the description of the boundaries of the land plot and their division into parts. The location of individual parts of the boundaries of a land plot can also be established in the manner determined by the regulatory body in the field of cadastral relations, by indicating natural objects and (or) objects of artificial origin, including linear objects, if information about such objects is contained in the state the real estate cadastre and the location of the specified individual parts of the boundaries of the land plot coincides with the location of the external boundaries of such objects. The procedure for establishing characteristic points of the boundaries of a land plot, the procedure for determining their coordinates, as well as requirements for the accuracy of determining such coordinates are established by the regulatory body in the field of cadastral relations.

Normative base: Federal Law of 24.07.2007 “On the State Real Estate Cadastre” (entered into force on 01.03.2008).

State cadastral registration - these are the actions of the authorized body for entering information about real estate into the State Real Estate Cadastre, which confirm the existence of such real estate as an individually defined thing, confirm the termination of the existence of such real estate, as well as other information provided for by the Federal Law "On" the State Real Estate Cadastre ".

State cadastre of real estate is a systematized collection of information about registered real estate, as well as information about the passage of the state border of the Russian Federation, about the borders between the subjects of the Russian Federation, the borders of municipalities and settlements, information about territorial zones, zones with special conditions of use, and other information provided for by federal laws.

Cadastral works - these are works that result in the preparation of documents containing information about real estate, necessary for the implementation of state cadastral registration.

The state cadastre of real estate is maintained in paper and electronic media, and the state cadastre of real estate in non-electronic media is part of a unified information system that unites the State cadastre of real estate and the Unified state register of rights to real estate and transactions with it.

The principles of maintaining the state cadastre are:

1. the general availability of cadastral information, with the exceptions provided for by the Federal Law;

Information is issued in the form:

• 1) copies of the document on the basis of which information about the land plot was entered into the state real estate cadastre;
• 2) cadastral extract, which contains the requested information about the land plot;
• 3) the cadastral passport of a land plot is an extract from the state cadastre of real estate, containing information about the land plot necessary for state registration of rights to real estate and transactions with it;
• 4) a cadastral plan of a territory is a plan of a quarter or other territory in which the requested information is reproduced in graphic, text form;
• 5) cadastral certificate.
• 2.the unity of the principles of maintaining the state cadastre of real estate and the principles of maintaining other information systems
• 3. the principle of the unity of technology for maintaining the state cadastre of real estate throughout the territory of the Russian Federation;
• 4.the principle of timeliness and continuity of entering information into the state real estate cadastre

The State Real Estate Cadastre contains two groups of information: basic and additional.

The main ones are:

• · Type of object;
• · Cadastral number and date of cadastral registration;
• · Description of the location of the boundaries of the land plot;
• · Land area.

Additional information:

• · the address;
• · Information about the cadastral value and the date of the cadastral valuation;
• · land category;
• · Permitted use of land plots;
• · Information about natural objects located within the boundaries of the land plot;
• · Information about property rights to a land plot and their rightholders;
• · Information about restrictions / encumbrances of rights and about the persons in favor of whom these restrictions / encumbrances are established.

The State Real Estate Cadastre consists of:

• 1. register of real estate objects;
• 2. cadastral affairs;
• 3. cadastral maps.
• 4. information in the state cadastre of real estate is entered on the basis of state cadastral registration.

State cadastral registration is carried out:

• 1. when registering (when creating / forming a new object);
• 2. upon deregistration (when the object ceases to exist);
• 3. when changing the unique characteristics of the object specified in the state real estate cadastre.

State cadastral registration is carried out cadastral division of Russia into cadastral districts, cadastral districts, cadastral quarters. As a result of the state cadastral registration, when registering a land plot, it is assigned a state cadastral (registration) number - this is a unique and non-repeating number of the land plot in the territory of the Russian Federation, which allows it to be identified.

Timing... State registration of changes: changes are made within 5 working days; registration, deregistration - within 20 working days.

A request for registration can be applied by:

• 1. any person can apply for registration;
• 2.the owners and other persons specified in federal laws (in particular, to other persons in relation to state or municipal land plots, if they are in inherited life possession, permanent perpetual use, or on the right of lease above 5 years - the relevant owner, land user, tenant can apply);
• 3. with an application for the registration of a part of the land plot - the owners or persons in whose favor the restrictions and encumbrances are established have the right to apply.

The result of the state cadastral registration is:

• 1. cadastral extract, if changes are recorded, part of the land plot is recorded or the land plot is deregistered;
• 2. cadastral passport - when registering a land plot.

State cadastral registration is maintained by Rosreestr authorities, but Rosreesr authorities can transfer these powers to special institutions - the State Cadastral Chambers, but by 2011 these cadastral chambers must be introduced in all constituent entities of the Russian Federation.

Features of cadastral registration of land plots:

• 1. Information about a part of the land plot is temporary. Such information loses its temporary character from the moment of state registration of rights to a part of a land plot, but at the same time, if within 1 year from the date of registration of a cadastral registration of a part of a land plot, state registration is not made, such information is canceled and excluded from the state real estate cadastre. In this case, the authority notifies the applicant about this no later than the next working day after the cancellation.
• 2. A land plot is removed from the register only if the land plot is a convertible object (it is considered convertible when a share is allocated with a common share ownership, when several land plots are merged and when several plots are formed from one).
• 3. Cadastral registration in connection with a change in the area of \u200b\u200ba land plot and / or a change in the description of the location of its boundaries is carried out, provided that such changes are related to clarification of the description of the location of the boundaries of the land plot, with the exception of the formation of a land plot as a result of the allocation, as a result of division, if the converted land plot is kept within the changed boundaries.

The state cadastral registration may be refused, and this registration may also be suspended.

Grounds for refusal to register a land plot:

• 1.the boundaries of the land plot formed cross the boundaries of the municipality and / or settlement;
• 2. the land plot is formed from land plots belonging to various categories of land, with the exception of cases provided for by the Federal Law;
• 3. if, as a result of the formation of the land plot, access to the newly formed or altered land plot will not be provided, including through the establishment of an easement;
• 4. the size of the formed or changed land plot does not correspond to the maximum size of the land plots.

Cadastral registration is preceded by cadastral activities, which are carried out by individuals who have a qualification certificate of a cadastral engineer (until January 1, 2011, land surveyors operate). Cadastral engineers act on a work contract or in cases stipulated by Russian law, as determined by the court. The result of cadastral work is a land plot plan.

Send your good work in the knowledge base is simple. Use the form below

Students, graduate students, young scientists using the knowledge base in their studies and work will be very grateful to you.

Posted on http://www.allbest.ru/

MINISTRY OF AGRICULTURE OF THE RUSSIAN FEDERATION

FEDERAL STATE EDUCATIONAL INSTITUTION

HIGHER PROFESSIONAL EDUCATION

RUSSIAN FEDERATION

STATE UNIVERSITY OF LAND MANAGEMENT

Department of Land Use and Cadastres

COURSE WORK

STATE REAL ESTATE Cadastre

Performed

student 51 to 2 groups

faculty of Real Estate Cadastre

A.R. Kukhtinova

Checked and admitted to protection

Gvozdeva O.V.

Moscow 2015

Introduction

1. The role of the state cadastre of real estate in the system of public and civil relations

1.1 Historical aspects of the creation of accounting and registration systems in Russia

1.2 Objects of the real estate cadastre

1.3 Creation of a unified system of state cadastral registration and registration of rights to real estate and transactions with it

2. Theoretical provisions for maintaining the state cadastre of real estate

2.1 Legal regulation of the SCN system

2.2 Principles of creation and maintenance of SCN

2.3 Basic cadastral procedures and the place of GKU in the GKN system

3. Efficiency of maintaining the state cadastre of real estate using computer technology

3.1 Types of efficiency of the state real estate cadastre

3.2 AIS GKN

4. Keeping state cadastral records in the Moscow region

4.1 Branch of FGBOU FKP Rosreestr in the Moscow region

4.2 State cadastral registration of land plots

4.3 State accounting of ACS

Conclusion

Literature

Introduction

In the context of economic reforms in Russia, the role of the state real estate cadastre as a unified multipurpose information system is significantly increasing, the content of which is made up of reliable and necessary information about the legal status of lands, their quantitative, qualitative and economic assessment.

The state cadastre of real estate assumes the provision of functions of state management of land resources, the formation of receipts of payments for land, protection of land rights, regulation of the land market, etc.

The purpose of the state cadastre of real estate is to ensure civil turnover of real estate. The main tasks of the state cadastre of real estate are: ensuring guarantees of the rights of owners; efficient collection of real estate taxes; efficient and rational use of real estate. The main functions of the State Property Committee: accounting (GKU ON for registration of rights to them); fiscal (conducting a mass state cadastral valuation for tax purposes); informational (information support with reliable information about real estate objects, their legal status and cadastral value).

The government has officially approved a "road map" to improve the quality of services in the field of state registration of rights to real estate and the state cadastre of real estate, prepared by the Agency for Strategic Initiatives. It sets an ambitious goal to make Russia one of the five countries with the best property registration system by 2018.

The essence of the road map is a strategy for the development of the system of state registration of rights to real estate and cadastral registration for the long term.

The measures envisaged by the project should significantly increase the reliability of information from the Unified State Register of Real Estate, create a unified state information resource in the field of real estate, which, in turn, should improve the investment climate in the Russian Federation and create conditions for the reform of property taxes and fees, will reduce financial and judicial risks of entrepreneurs and citizens, to increase the stability of the real estate market as a whole.

1 . Rolestatecadastrereal estateinsystempublicandcivil lawrelations

1.1 Historicalaspects ofcreationregistration and registrationsystemsinOf Russia

At each historical stage in the development of human society, the land is the material basis of land relations and the main object of economic management, since the land began to acquire these characteristics as it is used. On this basis, there were problems of delimitation, division, redistribution of land plots, streamlining the economic use and protection of land. Thus, the process of adaptation of certain land holdings to various types of activities began. At first, the use and delimitation of land was quite random (for example, in primitive society, the delimitation of the spheres of land use was carried out for hunting, cattle breeding, agriculture, etc.), later on, the need for a more detailed description of individual characteristics of land plots played an increasing role. and assessment of their qualitative condition. On this basis, separate elements of the land cadastre began to form.

Historically, the land cadastre emerged due to the objective need to obtain information about land as the primary source of material wealth and an object of taxation. With the emergence of statehood, land became one of the main sources of state revenue and, in this regard, an object of various types of taxation. Thus, from the very beginning of land use, farming and cattle breeding, there is a need for accounting, and then in the assessment of land, that is, in carrying out land cadastral work.

The word "cadastre" comes from the Latin word "caput", which meant "taxable subject" and originated during the time of the Roman emperor Augustus (27 BC - 14 AD). During this period, a unit of accounting for the collection of tribute for land was approved - "caputigum". Later, in connection with the establishment of a more accurate amount of land tribute, taking into account the census ("capitum registrum"), these words are transformed into "capitastrum" and "catastrum", and then into the French "cadastre" - literally "register book" ... So, the land cadastre - in the narrow sense of the book (register) on the subjects of land taxation - in the context of a variety of forms of land ownership means a certain system of measures for accounting, description and valuation of land carried out by the state in order to obtain information about land for land taxation.

Historically, the land cadastre included land registration, natural-historical and economic description of land, land valuation. When taking into account, the spatial position and size of land plots, tracts and land use, the composition of land and their quality were determined. The description included finding out and fixing the natural-historical and economic characteristics of the land. The assessment involved the establishment of average values \u200b\u200bof the norms of yield and profitability of land, on the basis of which the value of the land as a means of production was determined.

With the development of agriculture, which played an ever-increasing role in the life of tribal communities, land is being developed and used for crops and pastures. Boundary landmarks between the land plots were stones, trees and other landscape elements, on which certain signs were applied, which, in fact, was the beginning of a simple land registration. Further development of agriculture and animal husbandry, improvement of the means of production and methods of obtaining food led to the social distribution of labor, to the emergence of private property, to the division of society into classes and estates, and the transition from the primitive communal mode of production to the slave-owning one. The land began to be concentrated in the hands of the state and slave owners, who levied various taxes and duties on the peasants. In order to run his economy in the best possible way, the slave owner had to know what means of production he had, what land he owned. In this regard, there is a need for a census and registration of land and land holdings, for which plans were drawn up and special documentation was kept indicating information about the areas of land.

With the development of production, special documents appear (lists, registers, books), in which information about land is entered, a certain procedure for accounting for agricultural operations is established. K. Marx pointed out that already in the Indian communities it was possible to find an accountant who kept land records and cadastre. Land cadastral information began to be recorded not only in textual documentation, but also on planning and cartographic materials. Depending on the quality of the soil cover, lands began to be divided into groups or classes.

Over time, the legal side of the cadastre, which included land registration information and was associated with the registration of land ownership, acquired great importance. The land cadastre is further developed and formalized as a special event in the conditions of the feudal mode of production, in which the private property of feudal lords to land is strengthened. Under feudalism, taxation was uneven — large feudal land holdings tended to enjoy many tax privileges.

In the conditions of capitalist relations, the land cadastre is already a more complex measure carried out by a special land cadastral service. Since the main purpose of the land cadastre was to provide government services with data for taxation, as a rule, the land cadastral service was administered by the financial authorities.

In some states, along with the land cadastre, legal land registration was carried out, the tasks of which include registration of ownership and possession of land plots. Land registration was aimed at protecting the right to private ownership of land, strengthening capitalist land relations and creating legal conditions for large land ownership and was subdivided into personal and property. Personal registration was carried out by landowners, and real registration by landholdings. As a result of legal land registration, landowners' rights to land plots are formalized, which are recorded in special documents and certified by notary institutions.

With the development of socio-economic formations, the land cadastre continued to be fiscal in nature and served mainly for tax purposes. The land cadastre as a special accounting and appraisal measure, having arisen at a certain stage in the development of society, has been constantly developing and improving, the methods and methods of studying, accounting, evaluating, classifying lands by types of land and their quality have undergone changes. Thanks to the use of more advanced methods, technical means and technologies, the accuracy and reliability of land cadastral information increased, the form and content of land cadastral documents were improved.

In Russia, cadastral registration began only in 1991, and today, according to the most optimistic estimates, only a small part of land plots, not to mention buildings and structures, are fully formalized and included in the cadastre. The main problem lies in the registration of land in ownership, both entrepreneurs and citizens. To register ownership of a land plot or a country house, you have to spend more than one month on this and visit many necessary organizations.

The history of the formation of the state cadastral registration of real estate ended in our country relatively recently - with the adoption at first Federal law dated January 2, 2000 No. 28-FZ "On the State Land Cadastre", which later became invalid, then - Federal Law No. 221-FZ dated July 24, 2007 "On the State Real Estate Cadastre. If the first law regulated legal relations arising from the creation and maintaining the State Land Cadastre, the second was aimed at resolving issues of registration of real estate, information support of the processes of state control, management, economic assessment and taxation of real estate.

The beginning of the new structure was laid by the order of Rosreestr dated September 1, 2011 No. P / 331, by which the federal budgetary institution "Cadastral Chamber" in Moscow was renamed into the federal state budgetary institution "The Federal Cadastral Chamber of the Federal Service for State Registration, Cadastre and Cartography" (FGBU "FKP Rosreestr"). Then, by order of the Ministry of Economic Development of Russia dated September 13, 2011 No. 473 "On the reorganization of federal budgetary institutions" Cadastral Chamber "in the constituent entities of the Russian Federation", these institutions were reorganized in the form of joining the Federal State Budgetary Institution "FKP Rosreestr" while maintaining the main objectives of their activities. The measures to change the structure were completed by January 25, 2012, and this moment can be considered the birth of an institution subordinate to Rosreestr with the powers of a cadastral registration body.

For the first time, the question of transferring the functions of cadastral registration from the territorial bodies of Rosreestr to cadastral chambers arose in 2009. After the merger of three services: Rosregistratsia, Rosnedvizhimost and Roskartografiya into one department - Rosreestr.

At one time, the State Committee of the Russian Federation for Land Policy (later renamed into Roszemkadastr and further into Rosnedvizhimost) in all constituent entities of the Federation created subordinate federal state institutions - "Land Cadastral Chambers". To put a land plot on the cadastral register, and without this it is impossible to register ownership, citizens and organizations had to first contact the land management commercial service, then the cadastral chamber, and only then the Rosnedvizhimost management.

An analysis of the activities of the cadastral chambers and Rosnedvizhimost showed that they actually duplicated each other by 50-60%. The cadastral chambers accepted documents and land surveys from citizens and legal entities, checked them, controlled the correctness of the formation of cases by various land management organizations, and then transferred the materials to the Rosnedvizhimost management. There, in turn, they again checked the assessment, the correctness of drawing up the boundary files and only then put the object on cadastral records. This duplication had to be eradicated, so it was decided to conduct an experiment in the pilot regions to transfer all the functions of Rosnedvizhimost management to cadastral chambers. From June 1, 2009, the corresponding events began to be held in four constituent entities of the Russian Federation - the republics of Bashkortostan, Tatarstan, Stavropol and Altai territories.

According to the results of the experiment, a reduction in the time required to complete cadastral procedures was noted. Rosreestr positively assessed the results, and therefore it was decided to extend the experience gained throughout the country. By the end of 2010, the process of empowering the cadastral registration body of land cadastral chambers was completed. Today FSBI "FKP Rosreestra" has 81 branches, which are located throughout the country.

1.2 Objectscadastrereal estate

The objects of cadastral registration are:

Land;

Buildings and structures, objects not completed construction;

Premises;

Complex things (things consisting of a combination of two or more real estate objects with a common functional or other purpose);

Territorial and functional zones, zones with special conditions for the use of territories (hereinafter - legal zones).

Landteachingrunoff - A land plot is a part of the earth's surface, the boundaries of which are determined in accordance with federal laws. In cases and in accordance with the procedure established by federal law, artificial land plots may be created.

An objectcapitalconstruction - a building, structure, structure, objects, the construction of which is not completed (objects of unfinished construction), with the exception of temporary buildings, kiosks, sheds and other similar structures.

In Russian legislation, the concept of "capital construction object" has existed since 2005. In the previous urban planning legislation, the legal constructions "real estate objects in urban planning", "objects of urban planning activities" were used.

The current legislation lacks a clear definition of the concepts of “building” and “structure”. However, taking into account the prevailing practice, buildings include capital construction objects that have premises intended for one or another human activity. As a rule, structures include capital construction objects that perform only technological functions.

A building is the result of construction, which is a volumetric construction system that has an aboveground and (or) underground part, which includes premises, engineering networks and engineering support systems and is intended for living and (or) activities of people, location of production , storage of products or keeping animals.

Types of buildings: residential and non-residential.

A residential building (house) consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs associated with their residence in such a building. Residential buildings (houses) include permanent residential buildings, dormitories, shelters, mobile fund houses, boarding homes for the elderly and disabled, veterans, special homes for lonely elderly people, orphanages, boarding schools at schools and boarding schools, and other homes.

Non-residential buildings - buildings, the purpose of which is to create conditions for work, social and cultural services for the population and storage of material values: industrial, agricultural, commercial, administrative, educational, health care, and others.

A structure is the result of construction, which is a volumetric, planar or linear construction system that has a ground, aboveground and (or) underground part, consisting of load-bearing and, in some cases, enclosing building structures and designed to perform various types of production processes, storage of products , temporary stay of people, movement of people and goods.

An object serving as a structure is each separate structure with all the devices that make up a single whole with it. For example:

oil well includes derrick and casing

the dam includes the dam body, filters and drains, sheet piles and grout curtains, drainpipes and weirs with metal structures, slope fastenings, roads along the dam body, bridges, platforms, fences, etc.

a motor road within the established boundaries includes a roadbed with fortifications, a top surface and road conditions (road signs, etc.), other structures related to the road - fences, descents, weirs, ditches, bridges no more than 10 m long , moat.

There are no legal definitions of the concepts of "buildings" and "objects of construction in progress".

Objectsunfinishedconstruction - objects whose construction has been suspended, mainly due to the lack of financial resources and logistics. The specified legal term does not characterize the design features of the real estate object and the functional goals of its creation, but the very process of creating the real estate object and the reflection of the stage-by-stage of this process in the properties of the created object. Unlike buildings, structures or structures, unfinished construction objects cannot be used in accordance with their purpose until the completion of construction and commissioning. Construction in progress is temporary. The norms of federal legislation are aimed at introducing into property circulation objects of unfinished construction as objects of property rights to complete construction and achieve the goal of sustainable development of territories.

Premises - a unit of a real estate complex (a part of a residential building, another real estate object associated with it), allocated in kind, intended for residential, non-residential or other purposes of independent use and owned by citizens or legal entities, as well as the Russian Federation, constituent entities of the Russian Federation and municipalities.

Zonesfromspecialconditionsuseterritories (English restricted use areas) Ї security, sanitary protection zones, zones of flooding, flooding, zones of protection of objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, water protection zones, zones of sanitary protection of sources of drinking and domestic water supply, zones protected objects, other zones established in accordance with the legislation of the Russian Federation.

If dissimilar things form a single whole, implying their use for a common purpose, they are considered as one thing ( complexthing). The effect of a transaction concluded with regard to a complex thing extends to all its constituent parts, unless otherwise provided by the contract. A thing intended for servicing another, main thing and associated with it by a general purpose (belonging) follows the fate of the main thing, unless otherwise provided by the contract.

1.3 Creatureunitedsystemsstatecadastralaccountingandregistrationrightonimmovablepropertyanddealfromhim

Basics and goals of creation

"The concept of creating a unified federal system in the field of state registration of rights to real estate and state cadastral registration of real estate."

Purpose of creation

Improving the quality of public service delivery

Main directions

Consolidation of existing organizational structures;

Establishment of EFISN;

Transition to cadastral registration of OKS

Priority tasks for creating a unified system:

Consolidation of currently isolated IS EGRP and GKN (elimination of duplication and coordination of information in the database)

Creation of an effective registration and accounting technology

Creation of a system for monitoring the quality of public services

Creation of a system for monitoring the quality of public services

Principles of EFISN creation:

Integrity - guarantees of rights;

Quality and availability of services to consumers;

Overall reduction in total cost of ownership;

Ability to change and scale.

EFISN tasks:

Automation of target business processes for maintaining the State Property Committee, EGRP and spatial data

Creation of prerequisites for reducing the timing of registration and registration procedures in general

Providing public services with maximum availability and quality assurance

Ensuring the improvement of the quality of information exchange with other authorities

Conceptual solutions:

Introduced the concept of a reception office and an office for processing applications and documents

An assumption was made on the use of the cluster method of centralization at the interdistrict level for registration of rights and cadastral registration

The number of ways of communicating with the applicant has been increased in order to reduce the number of applicants at a personal appointment:

Internet (IGPU, portal

State services gosuslugi.ru)

Web services

Cadastral map

Graphical web services

SMS gateways

Self-service terminals

VTsTO (Departmental Call Center)

Introduced the concept of a universal reception office - "one window"

Defined the concept of a federal information resource (FIR) and a set of territorial information resources (TIR)

Providing reception according to the principle "One window"

An automated information system for intradepartmental interaction between the information systems of the State Property Committee and the GRP - "One Window" has been developed.

"One window" - the possibility of implementing extraterritorial services without linking the place of receiving applications to the location of the real estate object by sending a request for information to the State Property Committee and the Unified State Register of Legal Entities through:

internet portal, with a personal appeal of the applicant to the OKU and Rosreestr.

State services assigned to Rosreestr:

o State registration of rights to real estate and transactions with it.

o Providing information from the Unified State Register of Legal Entities on real estate and transactions with it.

o Providing information contained in the State Property Committee, placing public cadastral maps on the Internet.

o Placing ON at the GKU.

Staging at the GKU FROM THE PORTAL OF STATE SERVICES. Specialized software

Software product "Information System of Preliminary Preparation of Data in electronic form for the provision of public services for CG and RP" (cadastral registration module) - "PPD (CU Module)"

Public cadastral map

The Rosreestr website contains 37 public cadastral maps (PCC) of Russian regions.

Composition of PAC information:

§ cadastral value of the memory;

§ memory number;

§ purpose;

§ Square;

2 . Theoreticalprovisionsconductingstatecadastrereal estate

2.1 RegulatoryregulationsystemsGKN

Land relations are regulated by such legislative acts as the Civil Code, the Land Code, tax code, Federal Law of 24.07.2007 No. 221-FZ "On the State Real Estate Cadastre", etc. In accordance with the Civil Code of the Russian Federation, real estate objects are land plots, subsoil plots and everything that is firmly connected with the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, objects of unfinished construction. Immovable property also includes aircraft and sea vessels subject to state registration, inland navigation vessels, and space objects. (Art. 130, "Civil Code of the Russian Federation (Part One)" dated 30.11.1994 N 51-FZ (as amended on 02.11.2013)).

In accordance with Federal Law 221, the Civil Code is a legal act of recognition and confirmation by the state of the existence of a cadastral registration object with the characteristics specified in the state real estate cadastre.

Table1- StructureinformationGKNaboutobjectreal estate(Article 7)

“The state cadastral registration of immovable property is recognized as the actions of the authorized body to enter information about immovable property into the state real estate cadastre, which confirms the existence of such immovable property with characteristics that make it possible to define such immovable property as an individually defined thing, or confirm the termination of the existence of such immovable property, as well as other information on real estate provided for by this Federal Law. " (Article 1, Federal Law of July 24, 2007 N 221-FZ (as amended on July 23, 2013) "On the State Real Estate Cadastre").

Table2 - StructureinformationGKNaboutobjectreal estate(Article 7)

All lands in the Russian Federation for their intended purpose are divided into the following seven categories, each of which has its own legal regime:

Agricultural land;

Lands of settlements;

Industry, transport, communications…. and other special purposes;

Lands of specially protected areas and objects;

Forestry lands;

Water fund lands;

Stock lands.

Urban planning regulations are not established for forest lands, lands covered with surface waters, reserve lands, lands of specially protected natural areas (with the exception of lands of medical and recreational areas and resorts), agricultural lands as part of agricultural lands, land plots located within the boundaries of special economic zones.

In accordance with the town planning code, the permitted use of land plots and capital construction projects is established.

The main types of permitted use of land plots and capital construction objects by the rightholders of land plots and capital construction objects are selected independently without additional permits and approval.

The issue of granting permission for a conditionally permitted use is subject to discussion at a public hearing.

Auxiliary types of permitted use are permissible only as additional in relation to the main types of permitted use and conditionally permitted uses and carried out in conjunction with them.

Auxiliary types of permitted use of land plots and capital construction objects by the right holders of land plots and capital construction objects are selected independently without additional permits and approval (Article 37, "Urban Planning Code of the Russian Federation" dated December 29, 2004 N 190-FZ).

The mainviewspermittedusereal estate:

Administrative buildings, offices, offices of various organizations, firms,

companies, banks, bank branches;

Publishers and Editorial Offices;

Buildings of higher educational institutions;

Buildings for research institutions, consulting firms;

Courts, notary offices, other legal institutions;

Subsidiaryviewspermitteduse:

Open or built-in parking space passenger cars for every 30 square meters of the total area of \u200b\u200bpublic buildings;

Playgrounds for children, sports, household, recreation;

Public toilets;

Green spaces;

Sculpture and sculptural compositions, fountains and other objects of landscape design.

VRI ZU are determined by the relevant urban planning regulations, which are an integral part of the PZZ

According to part 4 of article 37

Civil Code of the Russian Federation, the main and auxiliary types of permitted use of land plots by the rightholders of land plots are selected independently without additional permits and approval

In the presence of the rules of land use and development approved in the prescribed manner, the right holder of the land plot can choose the type of permitted use.

Entering information about the permitted use in the State Property Committee.

When delivering a land plot to the State Property Code of Ukraine with an application to the cadastral registration authority, a boundary plan must be submitted.

Information on the selected type of permitted use of the formed area) is included in the land-survey plan (clause 58 of the Requirements for the preparation of the land-survey plan, approved by Order of the Ministry of Economic Development of Russia dated November 24, 2008 N 412).

When taking into account the changes (change in the type of permitted use), an application must be submitted to the cadastral registration body for state cadastral registration of changes in the real estate object in the form established by Order of the Ministry of Justice of Russia dated February 20, 2008 N 34, a copy of a fragment of the land use and development rules (if relevant information were not submitted to the cadastral registration authority in the course of information interaction in the manner established by the Decree of the Government of the Russian Federation of August 18, 2008 N 618).

Legal regulation relations arising from the conduct of cadastral work on the preparation of documents required for state cadastral registration of land plots is carried out in accordance with the Federal Law of July 24, 2007 No. 221-FZ "On the State Cadastre of Real Estate" (hereinafter - the Law on Cadastre) and adopted in execution of the specified law by regulatory legal acts, including the order of the Ministry of Economic Development of Russia dated November 24, 2008 No. 412 "On the approval of the form of the land-survey plan and the requirements for its preparation, the approximate form of notification of the meeting on the coordination of the location of the boundaries of land plots."

The Law on Cadastre for the first time in the domestic legislation introduced the concept of "cadastral activity" and established the rules for its implementation. The law stipulates that cadastral activity is the performance of cadastral works by an authorized person (cadastral engineer) in relation to real estate, as a result of which the preparation of documents containing the information necessary for cadastral registration of such property is provided. Cadastral work is carried out by a cadastral engineer on the basis of a contract for the performance of cadastral work concluded in accordance with the requirements of civil legislation and the Cadastre Law, according to which the cadastral engineer ensures the implementation of cadastral work at the request of the customer and transfers him the documents (land survey plan), and the customer, accepting the specified documents, pays for the completed cadastral work. It should be noted that when concluding a contract for the performance of cadastral work, a condition should be included for the contractor to finalize the land-survey plan without additional payment in the event that the cadastral registration authority decides to suspend or refuse to carry out cadastral registration due to violation of the requirements for preparation of a boundary plan, or admission of a cadastral error by a cadastral engineer.

In addition, it should be noted that in accordance with Part 4 of Article 14.35 of the Code of Administrative Offenses of the Russian Federation, administrative responsibility is provided for the introduction of deliberately false information by a person carrying out cadastral activities into the land survey plan, an act of agreeing on the location of the boundaries of land plots, a technical plan or an inspection report if this action does not contain a criminal offense.

According to the Law on Cadastre, technical registration of buildings, structures, structures and state cadastral registration of land plots are combined into a unified state cadastral registration of real estate. Cadastral records are kept not only of land plots, buildings, structures, but also premises, objects of unfinished construction of underground structures, unless otherwise provided by federal law.

The state cadastral registration of real estate under the Cadastre Law provides confirmation of the existence of real estate with characteristics that make it possible to define such real estate as an individually defined thing, and also ensures that information about such property is entered into the state real estate cadastre.

In Art. 130 of the Civil Code of the Russian Federation (part one), immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected with land, that is, objects whose movement is impossible without disproportionate damage to their purpose, including buildings , structures, objects of unfinished construction.

The state registration of subsoil plots in connection with their special significance for the state economy is carried out in a special procedure by the Federal Agency for Subsoil Use or its territorial body.

Decree of the President of the Russian Federation of December 25, 2008 N 1847 "On the Federal Service for State Registration, Cadastre and Cartography" Federal Registration Service since December 30, 2008. renamed into the Federal Service for State Registration, Cadastre and Cartography. The Federal Agency for Real Estate Cadastre and the Federal Agency for Geodesy and Cartography were abolished.

The functions of these two agencies were transferred to the Federal Service for State Registration, Cadastre and Cartography. This Decree provides for the unification of the cadastral registration system and the system of registration of rights and cartography - the unification of procedures on the principle of "one window".

By order of the Government of the Russian Federation of February 28, 2009 N 256-r "On territorial bodies of the abolished Roscartography and Rosnedvizhimost "the territorial bodies of the abolished Roskartografiya and Rosnedvizhimost have been subordinate to Rosreestr since March 1, 2009. In addition, by the order of the Government of the Russian Federation dated March 31, 2009 No. Rosreestr is responsible for organizations that were previously under the jurisdiction of the abolished Roskartografiya and Rosnedvizhimost.

In accordance with the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of 05.06.2008 N 437, the federal executive body performing, in particular, the functions of developing public policy and legal regulation in the field of the state cadastre of real estate, the implementation of state cadastral registration and cadastral activities, is the Ministry of Economic Development of the Russian Federation (Ministry of Economic Development of Russia).

According to the Cadastre Law, the regulatory body in the field of cadastral relations:

Establishes the forms of a cadastral extract about a real estate object, a cadastral passport of a real estate object, a cadastral plan of a territory, a cadastral certificate, requirements for the composition of information of such documents, as well as methods and forms of their provision, including in electronic form;

Establishes the application form for cadastral registration;

Determines the place of implementation of cadastral registration of real estate objects located within the boundaries of two or more cadastral districts;

Establishes the features of the implementation of cadastral registration of certain types of structures (linear and the like) and land plots on which such structures are located, the registration of parts of these land plots, as well as standard norms for the time for performing cadastral works depending on the types of real estate objects, other criteria of significant importance ...

In the field of state cadastral registration and maintenance of the State Property Committee, Rosreestr acts as the body of cadastral registration. Rosreestr exercises its powers directly and through its territorial bodies (Rosreestr Office for the constituent entities of the Russian Federation), their structural divisions (hereinafter - separate divisions).

In accordance with the order of Rosreestr dated March 11, 2010 No. P / 93, the powers to maintain the state cadastre of real estate, state cadastral registration of real estate, provide information entered in the state cadastre of real estate, were transferred to the Federal State Institution "Land Cadastral Chamber" for the subjects of the Russian Federation, which, in accordance with with the order of the Ministry of Economic Development of Russia dated 13.09.2011 No. 473 were reorganized into branches of the federal state budget institution "Federal Cadastral Chamber of the Federal Service for State Registration, Cadastre and Cartography" for the subjects of the Russian Federation.

The legal basis for the regulation of cadastral relations is the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Land Code of the Russian Federation, the Forestry Code of the Russian Federation, the Water Code of the Russian Federation, the Town Planning Code of the Russian Federation, the Housing Code of the Russian Federation, this Federal Law, other federal laws and issued in in accordance with them, other regulatory legal acts of the Russian Federation.

The laws set maximum terms for the provision of information. The Ministry of Economic Development of Russia, as a regulatory body, sets specific deadlines for the provision of information, depending on the methods of provision, taking into account the maximum terms.

The ways of providing information have been significantly expanded: information is provided by mail, using public communication networks or other technical means of communication, by providing access to an information resource containing information from the Unified State Register of Rights (State Real Estate Cadastre).

The increase in the methods of obtaining information will remove some of the problems associated with standing in queues, accessibility and openness of information. Obtaining information in electronic form will allow it to be used more efficiently and effectively, especially when receiving a large amount of information. However, in order to implement these norms, Rosreestr needs to do serious work on the development of formats, standards for information exchange, preparation of hardware and software, and training of specialists.

Information interaction between the state real estate cadastre and the Unified State Register of Rights is now considered as the interaction of two information resources within the framework of their maintenance by one executive authority. Rosreestr, after making a record of rights in the Unified State Register of Rights, transfers this information to the state real estate cadastre within three days.

In order to provide documents for the GKU, the fidelity of a copy of an act of a public authority or local government body, instead of notarization, can be certified by the seal and signature of an authorized official of the said body; in the previous version, certification was made only in a notarial manner. This rule will reduce the costs of state authorities and local governments for real estate registration.

From October 1, 2011, the Federal Service for State Registration, Cadastre and Cartography, all of its territorial bodies and subordinate organizations in the provision of public services to individuals and legal entities began the transition to the implementation of interdepartmental information interaction with other federal executive bodies, their territorial bodies and subordinate federal executive bodies authorities by organizations involved in the provision of public services without the participation of the applicant.

Now, when applying for the provision of services to the Branch, applicants have the right not to submit documents that are received in other federal executive bodies, their territorial bodies and organizations subordinate to federal executive bodies involved in the provision of public services, except for personal storage documents and documents that in accordance with Article 17 of the Federal Law of 21.07.1997 No. 122-FZ are grounds for state registration of rights (paragraph 2 of Article 16).

Reducing the term and simplifying the procedures for registering real estate, creating a single information resource about real estate and rights to it, openness and availability of information from such a resource will, first of all, significantly improve the quality and demand for information about real estate, optimize the turnover of real estate as much as possible, introduce real monitoring mechanisms and management of the real estate market, move to high-quality, rational and fair taxation of real estate.

On January 1, 2013, the transitional period of application of the Federal Law of July 24, 2007 No. 221-ФЗ "On the State Real Estate Cadastre" (hereinafter - the Cadastre Law) to relations arising in connection with the implementation of state registration of buildings, structures, premises, construction in progress.

The Cadastre Law provided for the procedure for state registration of buildings, structures, premises, construction in progress during the transition period, which was approved as a document by order of the Ministry of Economic Development of Russia dated October 14, 2011 No. 557 and regulated state accounting.

Prior to the entry into force of the Law on Cadastre in the part of the state cadastral registration of ACS in the country in accordance with the Decree of the Government of the Russian Federation dated December 4, 2000 No. 921 "On state technical accounting and technical inventory of capital construction objects in the Russian Federation", state technical registration was carried out carried out by bodies and organizations for state technical accounting and (or) technical inventory.

Now the state cadastral registration of ACS is carried out by branches of the Federal State Budgetary Institution "FKP Rosreestr". In turn, the technical inventory authorities are released from the authority to register capital construction objects and, along with cadastral engineers, will perform the functions of preparing documents for the purposes of state registration (in the amount provided for by the Law on Cadastre for cadastral works).

When registering with the state cadastral register, each property is assigned a state registration number that is not repeated in time and on the territory of the Russian Federation. Thus, the state cadastre of real estate becomes an information resource that unites capital construction objects and land plots on which they are located in a general register, with the OKS tied to land plots by determining the coordinates of the characteristic points of the contours of objects. This is the first step towards solving the task of introducing a single tax on real estate, outlined by the country's leadership.

Since January 1, 2013, according to the order of Rosreestr dated October 22, 2012 No. P / 446 in the Republic of North Ossetia - Alania, Altai and Krasnoyarsk territories, Voronezh, Vladimir, Kostroma regions and the Jewish Autonomous Region, an experiment is being carried out to receive and issue documents for the state registration of rights to real estate and transactions with it and the provision of information contained in the USRR, in full by the corresponding branches of FGBU "FKP Rosreestr".

This experiment is one of the steps towards the creation of a unified Federal system for registration of rights and cadastral registration.

It should be noted that the centralization of the provision of public services in one institution contributes to the formation of a single center of responsibility for their provision and quality. This situation contributes to the release of employees to perform other functions and, accordingly, to improve the quality of services rendered by Rosreestr due to the optimal redistribution of human resources.

From April 1, 2012, instead of the BTI (Bureau of Technical Inventory), the cadastral chamber began to deal with capital construction objects. It maintains the Unified State Register of Capital Construction Objects. Now instead of technical passport a technical plan is required for state registration of documents. The document confirming the state registration of the capital construction object is the cadastral passport. They are prepared on the basis of one of the following documents: declaration of the real estate object; permission to put the facility into operation; design and estimate documentation for the object; technical passport of the object and other documents. Since January 2013, the cadastral passport, which is currently being drawn up by the cadastral chamber, will not be issued to the copyright holder. Now it will be enough for him to write an application for registration of the right in Rosreestr. And Rosreestr, within the framework of information interaction, itself requests a cadastral passport from the cadastral chamber. Until January 1, 2013, state services for the implementation of state registration of capital construction objects and the provision of information about accounting objects were provided free of charge.

The purpose of such changes is to create a unified database of real estate objects, which will contain information about both land plots and capital construction objects, and also, which is very important, in the future, the connection between the land plot and the real estate object located on this plot will be established.

Of fundamental importance is the use of the provisions of the Land Code of the Russian Federation in the development of the state cadastre of real estate. Other cadastres and registries function as information Systemsconsidering issues of public administration within the framework of the relevant ministries and departments.

One of the main tasks is to use modern technologies for the automation of the cadastral registration system. Using such a system would entail:

Increased efficiency;

Better service for citizens and organizations;

Increased profitability;

More objective presentation of information;

Reducing the likelihood of manipulation and / or corruption.

2.2 PrinciplescreationandconductingGKN

The State Real Estate Cadastre is a systematized collection of information on real estate recorded in accordance with this Federal Law, as well as information on the passage of the State Border of the Russian Federation, on the borders between the constituent entities of the Russian Federation, the boundaries of municipalities, the boundaries of settlements, on territorial zones and zones with special terms of use of territories, other information provided for by this Federal Law. The State Real Estate Cadastre is a federal state information resource.

The maintenance of the state cadastre of real estate is carried out on the basis of the principles of the unity of technology for its maintenance throughout the Russian Federation, ensuring, in accordance with this Federal Law, the general availability and continuity of updating the information contained in it (hereinafter referred to as cadastral information), the comparability of cadastral information with information contained in other state information resources.

Similar documents

State cadastre of real estate as a systematized collection of information. Consideration of the features of the preparation of the boundary plan. Analysis of the principles of maintaining the state cadastre of real estate. Methods for preparing a cadastral passport for a land plot.

thesis, added 11/27/2012


Legal regulation of the state cadastral registration of land plots. Features of the implementation of cadastral registration of certain types of real estate. Activities of the Federal Service for State Registration, Cadastre and Cartography.

abstract added on 05/21/2013


Maintaining the state cadastre of real estate in the administrative region. The procedure for submitting the entered information to the state real estate cadastre. The concept and stages of real estate surveying. Procedure for state registration of transactions.

term paper, added 10/26/2014


The composition of the information of the state real estate cadastre about the real estate object. Cadastral plan of the territory. Carrying out works on surveying, drawing up a plan. General provision of state registration of rights to real estate and transactions with it.

term paper, added 11/07/2013


General characteristics of real estate. Types of objects of ownership of real estate. Form and state registration of real estate transactions. The concept of the state cadastre of real estate and state cadastral registration of real estate.

thesis, added 11/21/2010


Concept, principles and content of the state real estate cadastre. The procedure and features of the implementation of cadastral land registration. Errors in the state real estate cadastre. Ensuring control in the field of formation of objects of cadastral registration.

test, added 10/02/2012


Legislation of the Russian Federation on the role of information from the state land cadastre for state registration of rights to real estate and transactions with it. The legal basis for the regulation of cadastral relations. Types of real estate objects.

lecture added on 11/12/2013


The composition of the information of the state cadastre of real estate on the passage of the State Border and the cadastral division of the territory of the Russian Federation. Concept and general provisions state registration of rights to real estate and transactions with it.

term paper added on 10/20/2014


Real estate appraisal, its goals, objectives and purpose. Legal and regulatory framework for real estate appraisal. Review of the system of state registration of real estate objects, rights to property and transactions with it. Legal regulation of the real estate market in the Russian Federation.

abstract added 09/24/2015


Maintaining the state cadastre of real estate in the administrative region, its structure and composition. Real estate cadastral extract, passport and territory plan. Land surveying works. State cadastral registration, registration of rights.

Legal status, general characteristics and the content of the Federal Law of July 24, 2007 No. 221-FZ "On the State Real Estate Cadastre".

For the first time, the need to maintain a land cadastre was recognized in the Fundamentals of Land Legislation of the USSR and the Union Republics of 1968. Since then, the legislation on the land cadastre has been improved and is still being improved so that, in the regulation of land relations in the context of land reform, the use of economic mechanisms (economic assessment of land, its profitability, market value, etc.) is wider. An automated unified cadastre system is being created. Since in the Land Code of the Russian Federation only one article is devoted to the land cadastre. 70, which has a declarative meaning, a special Federal Law of January 2, 2000 No. 28-FZ1 "On the State Land Cadastre" was issued, which addresses in detail the issues of its maintenance.

The State Land Cadastre is a systematized set of documented information obtained as a result of the state cadastral registration of land plots, about the location, purpose and legal status of the lands of the Russian Federation and information about territorial zones and the presence of objects located on land plots and firmly connected with these land plots.

The state land cadastre is created and maintained as indicated in Art. 4 of the Federal Law "On the State Land Cadastre", in order to provide information:

state and municipal land management;

state control over the use and protection of land;

measures aimed at preserving and increasing land fertility;

state registration of rights to real estate and transactions with it;

land management;

economic assessment of land and accounting for the value of land as part of natural resources;

establishing a reasonable payment for land;

other activities related to the ownership, use and disposal of land plots.

The creation and maintenance of a fundamental land cadastre serves many purposes, the main of which are named in Art. 4 Laws. If you carefully study the content of this article, it is easy to see that the cadastre functions listed in it relate to the sphere of state and municipal administration: control and protection of lands, measures to improve soil fertility, state registration of land rights, land management, economic assessment of lands and their accounting. cost for a reasonable payment for the land. All these functions of state and municipal administration are aimed at ensuring the rational use and protection of the country's land resources by means of law, which, in turn, is the main goal of the state land cadastre. The same purpose is served by other functions of public administration, which are directly in Art. 4 of the Law are not named, but are implied in the words of the last part of this article: other activities related to the ownership, use and disposal of land plots.

This “other activity” includes such equally important functions of state and municipal administration as planning the use and protection of land, zoning and land reservation, and land monitoring.

The named management functions in the field of ensuring the rational use and protection of land are provided for by Art. 9-11 of the Land Code of the Russian Federation and Art. 31-37 of the Town Planning Code of the Russian Federation.

Legal basis for maintaining the state cadastre of real estate, the procedure for cadastral registration, cadastral activities, final provisions.

The land cadastre helps to increase the efficiency of any of the named functions of state and municipal administration, since it provides the governing bodies and their officials with objective information about the quality of lands, their location, cadastral registration and economic assessment, their belonging to specific subjects of land use, as well as information about the occurrence, change and termination of land relations, which constantly occur by decision of state bodies or as a result of transactions with real estate.

The land registry serves primarily the public interest of the state for the rational use and protection of the country's land resources. But we must not forget about the service of the land cadastre also to the private interests and goals of owners, land users, landowners and land tenants. So, any legal entity and individual, making a transaction, the subject of which is a land plot and the immovable property located on it, cannot make it competently and with benefit for themselves, without receiving reliable information on the cadastral valuation of this land from the land cadastre authorities. the site, the legal rights of its owner, easements and other encumbrances and features of the legal status of the chosen subject of the transaction. In the event of land disputes, the land registry documents serve as an objective “advisor” and assistant to the courts in making the correct decision on a specific land dispute.

Information on the assessment of the quality of agricultural land is necessary for land management and measures to improve the fertility and profitability of land. They are also used in solving other management issues in the field of organizing the rational use and protection of land resources.

"Preservation and improvement of land fertility", as written in Art. 4 of the Law is the concern of not only land users, but also the state. For this purpose, specialized state organizations carry out soil, monitoring, geobotanical, land management and other surveys and surveys. In relation to each category of land, in accordance with their purpose and use, a certain list of information on the qualitative characteristics of land plots is applied, which are entered in the Unified State Register of Lands, cadastral affairs and cadastral maps (plans), as well as in other (auxiliary) cadastral documents. For agricultural land, for example, indicators (information) on the agrarian-reclamation state of land, the chemical content of soils and their need for appropriate fertilizers, data on acidity, salinity and waterlogging of soils, etc., are of great industrial importance.

Information about the state of soil fertility is also necessary for forestry organizations (forestry enterprises), which are responsible (along with the users of forest lands) for the correct use of these lands. As for the lands of settlements, soil fertility here does not have its usual meaning, on the contrary, when planning land for the construction of objects, the fertile layer is removed for its use in the reclamation of destroyed or simply poor in quality soils.

Traditionally, the land registry was intended for "fiscal" purposes, that is, the collection of taxes to the state treasury (budget), as evidenced by the historical experience of other countries. The Federal Law of December 27, 1991 "On the Basics of the Tax System in the Russian Federation" (as amended in July 1999) 1 land tax refers to local taxes and fees.

To improve the efficiency of the land cadastre, the Government of the Russian Federation approved in April 2000 the Rules for the State Cadastral Valuation of Lands. These Rules determine the procedure for the state cadastral valuation of land of all categories on the territory of the Russian Federation for taxation and other purposes, land cadastre maintenance. The state cadastral valuation of land is carried out by the Federal Land Cadastre Service, its territorial bodies, as well as enterprises and organizations under their jurisdiction. This complex work may involve persons licensed to carry out appraisal activities.

The state cadastral valuation of land is carried out to determine the cadastral value of land plots for various purposes. This takes into account the easement, as well as other restrictions (encumbrances) of the rights to use land, established in the legislative, administrative and judicial order.

The state cadastral valuation of lands is based on the classification of lands according to their intended purpose and type of functional use (territorial zoning).

The cadastral valuation of land in urban and rural settlements, horticultural, vegetable gardening and dacha associations is carried out on the basis of a statistical analysis of market prices and other information about real estate objects, as well as other methods of mass valuation of real estate (clause 5 of the Rules).

Cadastral valuation of agricultural land outside the urban and rural settlements and forest lands is carried out on the basis of the capitalization of the estimated rental income. The assessment of other categories of land outside the urban and rural settlements is carried out on the basis of the capitalization of the estimated rental income or on the basis of the costs necessary for the reproduction and (or) preservation and maintenance of the values \u200b\u200bof their natural potential.

In the process of the state cadastral valuation of land, an estimated zoning of the territory is carried out. An appraisal zone is a part of land that is homogeneous in terms of its intended purpose, type of functional use, and land plots close in value to the cadastral value.

Depending on the territorial size of the estimated zones, their boundaries are combined with the boundaries of land plots, taking into account the existing development and land use, the placement of linear objects (streets, roads, rivers, watercourses, overpasses, railways, etc.), as well as the boundaries of cadastral districts or cadastral quarters (item in the Rules).

Based on the results of the estimated zoning, a map (diagram) of the estimated zones is drawn up and the cadastral value of a unit of area within the boundaries of these zones is established.

The state cadastral valuation of land is carried out taking into account the data not only of land, but also of urban planning, forestry, water and other cadastres. The results of the state cadastral valuation of land are entered into the state land cadastre.

The executive authorities of the constituent entities of the Russian Federation, upon the submission of the territorial bodies of the Federal Land Cadastre Service, approve the results of the state cadastral valuation of land.

Methodological and normative-technical documents required for the state cadastral valuation of lands are developed and approved by the federal executive body for state land management in agreement with the authorized body for monitoring the implementation of valuation activities in the Russian Federation and interested federal executive bodies.

Disputes arising from the state cadastral valuation of land are considered in court.

Unlike the cadastral value of land plots, which is determined primarily for tax purposes, the market value is required for land transactions. The procedure for its determination is established by a special Federal Law of July 29, 1998 No. 135-FZ "On appraisal activities in the Russian Federation" 1. Appraisal activity is understood as the establishment of market or other value in relation to objects of appraisal. In this case, the market value of the appraised object is taken as the most probable price at which this appraised object can be alienated in the open market in a competitive environment, when the parties to the transaction act reasonably, having all the necessary information, and no extraordinary circumstances are reflected in the value of the transaction price ... So, one of the parties to the transaction is not obliged to alienate the subject of valuation, and the other party is not obliged to accept performance; the parties to the transaction are well aware of the subject of the transaction and act in their own interests; the subject of assessment is presented to the open market in the form of a public offer (proposals to conclude an agreement); the price of the transaction is a reasonable remuneration for the object of valuation and there was no coercion to complete the transaction in relation to the parties to the transaction from any party; payment for the subject matter is expressed in monetary terms.

The Russian Federation, constituent entities of the Russian Federation or municipal formations, individuals and legal entities have the right to an appraiser to evaluate any objects of appraisal belonging to them on the grounds and conditions provided for by the named Federal Law.

The right to appraise the object of appraisal is unconditional and does not depend on the procedure for the implementation of state statistical accounting and accounting and reporting established by the legislation of the Russian Federation. This right also extends to the re-assessment of the subject of assessment. The results of the assessment of the subject of assessment can be used to correct the accounting and reporting data.

The results of the assessment of the object of assessment can be appealed by interested parties in the manner prescribed by the legislation of the Russian Federation. In the event that a specific type of value of the object of valuation is not defined in a regulatory legal act containing a requirement for mandatory valuation of any object of valuation or in an agreement on valuation of an object (hereinafter referred to as the agreement), the market value of this object is to be established. This rule shall also be applied in the case of the use in a regulatory legal act of terms that are not provided for by this Federal Law or valuation standards that determine the type of value of the valuation object, including the terms “actual value”, “reasonable value”, “equivalent value”, “real value " and etc.

The basis for the appraisal of the appraisal object is the contract between the appraiser and the customer.

The contract between the appraiser and the customer is concluded in writing and does not require notarization.

The contract must contain:

grounds for concluding an agreement;

type of the object of assessment;

the type of the determined value (values) of the appraised object;

monetary remuneration for assessing the subject of assessment;

information about the civil liability insurance of the appraiser.

The appraiser has the right:

independently apply methods for assessing the subject of assessment in accordance with the assessment standards;

to require the customer, when conducting a mandatory assessment of the assessment object, to provide access in full to the documentation necessary for the implementation of this assessment;

receive explanations and additional information necessary for the implementation of this assessment;

request, in writing or orally, from third parties the information necessary for the assessment of the subject of assessment, with the exception of information that is a state or commercial secret; in the event that the refusal to provide the specified information materially affects the reliability of the assessment of the object of assessment, the Appraiser shall indicate this in the report;

To involve, as necessary, on a contractual basis, other appraisers or other specialists to participate in the assessment of the appraisal object;

refuse to conduct an appraisal of the appraisal object in cases where the customer has violated the terms of the contract, did not provide the necessary information about the appraisal object, or did not provide the working conditions corresponding to the contract.

The appraiser is obliged:

comply with the requirements of this Federal Law, as well as the regulatory legal acts of the Russian Federation and regulatory legal acts of the constituent entities of the Russian Federation adopted on its basis when carrying out valuation activities;

inform the customer about the impossibility of their participation in the assessment of the subject of assessment due to the occurrence of circumstances that prevent the objective assessment of the subject of assessment;

ensure the safety of documents received from the customer and third parties during the assessment of the subject of assessment;

provide the customer with information on the requirements of the legislation of the Russian Federation on valuation activities, on the charter and on the code of ethics of the relevant self-regulatory organization (professional public association of valuers or non-profit organization of valuers), to which the valuer refers in his report;

provide, at the request of the customer, a document on education confirming the acquisition of professional knowledge in the field of appraisal activities;

not to disclose confidential information received from the customer in the course of the appraisal of the appraisal object, with the exception of cases stipulated by the legislation of the Russian Federation;

keep copies of the prepared reports for three years;

in cases stipulated by the legislation of the Russian Federation, provide copies of stored reports or information from them to law enforcement, judicial, other authorized state bodies or local self-government bodies at their legal request.

The appraisal of the appraisal object cannot be carried out by the appraiser if he is a founder, owner, shareholder or official of a legal entity, or a customer or an individual who has a property interest in the appraisal object, or is in close relationship or property with these persons.

Assessment of the subject of assessment is not allowed if:

in relation to the subject of assessment, the appraiser has property or liability rights outside the contract;

an appraiser is a founder, owner, shareholder, creditor, insurer of a legal entity, or a legal entity is a founder, shareholder, creditor, insurer of an appraisal firm.

Interference of the customer or other interested parties in the appraiser's activities is not allowed if this can negatively affect the reliability of the result of the appraisal of the appraisal object, including limiting the range of issues to be clarified or determined when evaluating the appraisal object.

The amount of payment to the appraiser for carrying out the appraisal of the appraisal object cannot depend on the total value of the appraisal object.

The role of the state land cadastre is important in the exercise by the authorities of their managerial functions, the level of competence and professionalism of which largely depends on the ability to use information about land contained in the land cadastre. Thus, the effectiveness of state, municipal, public and on-farm (production) control over the correct use and protection of land is possible only on the basis of taking into account the objective data of the cadastre. State inspectors of Roszemkadastra, performing their duties of control over the use and protection of land and being at the same time officials of the Federal Land Cadastre Service (Roszemkadastra), have direct access to information about land contained in the land cadastre. Before making this or that decision based on the results of checking the status and legality of land use, the state inspector verifies these results with the data of the land cadastre documents. Having discovered land violations, the state inspector, on the basis of objective information from Roszemkadastr (about the quality of lands, their purpose and legal regime, about state registration of rights to this land plot and the real estate located on it and other information), makes a decision: to suspend work on this site, give users land (to owners, tenants, etc.) binding instructions on land protection and elimination of offenses, draw up a protocol on violations of land and tax legislation and send it for consideration to the appropriate state bodies to bring the perpetrators to administrative or criminal liability - depending from the severity of the offense.

At present, the development and deployment of an automated system for maintaining the state land cadastre is underway. Its creation is carried out in accordance with the Decree of the Government of the Russian Federation of August 3, 1996 No. 932 “On the approval of the federal target program“ Creation of an automated system for maintaining the state land cadastre ”. The widespread introduction of the said land cadastre system will increase its efficiency in the interests of the state, local authorities and land users, who are also interested in further improving the land law and order in the country.

State administration in the field of land cadastre maintenance is carried out by executive bodies of general and special competence. The general state administration for maintaining the land cadastre is carried out by the Government of the Russian Federation, and at the regional level - by the executive authorities of the constituent entities of the Russian Federation. The federal body of special competence is the Federal Land Cadastre Service (Roszemkadastr) and its local authorities.

In accordance with Art. 9 of the Law "On the State Land Cadastre", the powers of the state authorities of the Russian Federation in the field of carrying out activities for maintaining the state land cadastre include:

Development and adoption of federal laws and other regulatory legal acts of the Russian Federation in this area, control over their observance;

Development, approval and implementation of federal programs for the development of the state land cadastre;

Determination of the federal executive body authorized to carry out activities for maintaining the state land cadastre;

Determination of the list of basic information of the state land cadastre;

Establishment of the procedure for financing the activities of maintaining the state land cadastre;

Establishment of the maximum amount and procedure for the use of fees charged for the provision of information from the state land cadastre;

Determination of the list of information from the state land cadastre classified as restricted access, and the procedure for providing such information;

Coordination of the activities of public authorities and local governments in maintaining the state land cadastre.

The powers of the state authorities of the constituent entities of the Russian Federation to maintain the state land cadastre are determined by Art. 10 of the Law "On the State Land Cadastre", as well as the legislation of the Russian Federation and its subjects. The constituent entities of the Russian Federation have the right to independently establish a list of additional information from the state land cadastre not established by the Russian Federation. The collection, processing and storage of the specified information are carried out at the expense of the constituent entities of the Russian Federation. In particular, they carry out:

Organization of land cadastral works on the territory of the subject of the Russian Federation;

Coordination of the activities of the bodies carrying out land cadastral work on the territory of the subject of the Russian Federation;

Control over the conduct of land cadastral works on the territory of the constituent entity of the Russian Federation and compliance with legislation in this area;

Adoption of laws and other normative legal acts in the field of maintaining the state land cadastre within the framework of federal legislation, taking into account regional specifics.

Local self-government bodies, in accordance with the Constitution of the Russian Federation, may be vested by laws with separate powers in the field of maintaining the state land cadastre with the transfer of material and financial resources necessary for their implementation.

Local self-government bodies are also granted the right to include additional information in the state land cadastre at the expense of local budgets in the prescribed manner. The procedure for entering additional land cadastral information is established by the executive authorities of the constituent entities of the Russian Federation.

The powers of the Federal Land Cadastre Service in the field of maintaining the state land cadastre are determined by the Regulations on this service, approved by the Government of the Russian Federation on January 11, 2001.

The Federal Land Cadastre Service of Russia, within its competence, has the right to:

To check the reliability of information entered into the cadastral documentation on the state of land use, regardless of their departmental affiliation and types of rights to land plots, to issue binding instructions for legal entities and individuals to eliminate violations of the land legislation of the Russian Federation;

In accordance with the established procedure, bring to administrative responsibility persons guilty of violating the land legislation of the Russian Federation, consider cases of administrative offenses and impose administrative penalties, as well as send materials on violation of the land legislation of the Russian Federation to law enforcement agencies and courts;

Suspend, in the prescribed manner, industrial, civil and other construction, the development of mineral deposits, the operation of facilities, the conduct of agrochemical, forest reclamation, geological exploration, geodetic and other works, if they are carried out in violation of the land legislation of the Russian Federation, the established regime of land use, lead to their pollution and contamination, damage to the fertile layer, salinization, waterlogging, the development of soil erosion and other types of land degradation;

To check, when exercising state control over the use and protection of lands, organizations (including, in accordance with the established procedure, regimes), draw up protocols based on the results of checks;

In accordance with the established procedure, request from federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies, legal entities and individuals, information necessary to solve the tasks assigned to the Service;

Participate in international cooperation in the field of maintaining the state land cadastre, land monitoring, land management and other activities aimed at the protection and rational use of land;

In accordance with the established procedure, create, reorganize and liquidate the territorial bodies of the Service and state institutions under its jurisdiction, within the allocated budgetary allocations, prepare proposals for the creation, reorganization and liquidation in the prescribed manner of state unitary enterprises under its jurisdiction for maintaining the land cadastre , monitoring ze-Mel, land management, topographic and geodetic and other research work;

To issue normative legal acts with their subsequent state registration in the cases established by the legislation of the Russian Federation, as well as instructions, methodological and normative-technical documents on issues attributed to its jurisdiction.

The activity of maintaining the state land cadastre is carried out in accordance with the following principles: the unity of the system and technology for maintaining the state land cadastre throughout the territory of the Russian Federation;

continuity of entering into the state land cadastre the changing characteristics of land plots;

openness of information from the state land cadastre;

comparability and compatibility of information from the state land cadastre with information contained in other state and other cadastres, registers, information resources (Article 5 of the Law).

A principle is a general rule, that is, a general guiding principle characterizing the activities of state bodies in a particular area of \u200b\u200bsocial relations, including bodies that carry out activities for maintaining the state land cadastre.

If the above principles are implemented in the activities of state bodies maintaining the land cadastre, then conditions are created for obtaining reliable information about all the necessary characteristics of land plots (location, size of the plot, its intended purpose, the presence of real estate objects on the plot, etc.). Without reliable information documented in the land registry, it is impossible to ensure its fundamental nature and authority. When collecting materials for the formation of land cadastre information, some users of land plots (owners, tenants, etc.) are tempted to take advantage of the imperfection of land records of previous years and underestimate the size of their land or hide the surplus of land against the accounting, formed as a result of unauthorized cutting to his plot of temporary free state land, etc. Such facts in practice are not uncommon. Therefore, the legislation provides for liability (up to criminal) for the distortion of the land registry data.

The land cadastre throughout the territory of the Russian Federation is maintained according to a unified system and technology. All subjects of the Federation are obliged to comply with the uniform procedure for maintaining the land cadastre. Established uniform forms of documents and their list (composition), which is determined by Art. 13 of the Law. Thus, the completeness and reliability of the land cadastre information is achieved.

Land relations, as you know, are in constant motion, they arise, change and, under certain circumstances, terminate in the manner prescribed by land legislation. Therefore, the documentary data of the land cadastre are constantly updated in accordance with the changed legal status of land plots and land use entities, taking into account the transactions being made, the presence of the agricultural production state of the land, as well as the established environmental and other restrictions, including easements, etc. All these are changing over time, cadastral information should be open and accessible to participants in land relations. Otherwise, the land registry would turn into a bureaucratic undertaking, as it was in the stagnant period of our history. It would not have the practical value for which the inventory is designed.

Compliance with the principle of openness of information from the state land cadastre is especially important and necessary in a market economy, therefore a special article of the law is devoted to the issue of the content of openness of information.

Land cadastre information must be comparable and compatible with the information contained in other state and other cadastres, registers and information resources (in the water cadastre, forestry, mining, urban planning, monitoring of natural resources, etc.).

Article 7 of the Law of the Russian Federation "On the State Land Cadastre" establishes the obligatory cadastral registration of land, because a full-fledged fundamental land cadastre can be obtained only with the obligatory registration of all lands of the Russian Federation, wherever they are located and in whose use (property, lease, etc. .) were not. No one has the right to hide or refuse to provide the Federal Land Cadastre Service with the information requested by them, which is necessary for maintaining the cadastre (with the exception of information that is a commercial secret).

Article 19.7 of the Code of Administrative Offenses establishes liability in the form of a fine for failure to submit or untimely submission to a state body or official of information (information), the submission of which is prescribed by law and is necessary for this body (official) to carry out its legal activities, as well as for the provision of such information (information) in an incomplete volume or in a distorted form.

Although paragraph 2 of Art. 7 of the Law "On State Land Cadastre" recognizes legally valid the state cadastral registration of land plots, carried out before the entry into force of this Law, no one has the right, under this pretext, to refuse to provide information about their land ownership at the request of state bodies maintaining the land cadastre. This is explained by the fact that in practice, the cadastre registration data recorded in its documents in the past often differ significantly from the actual characteristics of land plots owned, land ownership, land use, lease (in terms of area size, types of land and their intended use, on the legal regime, the presence of real estate, the legality of the land transaction, state registration, etc.). Consequently, the requirements of the bodies leading the state land cadastre to land users to provide them with information necessary for a full, reliable cadastre are essentially not limited either by the terms, or by the subjects of land use (owners, tenants, etc.), or by the territory (region) of location. land plots.

In turn, the named land users have the right to receive, free of charge, within ten days, documentary information about their land plots, recorded in the Unified State Register of Mills and other documents of the land cadastre. Moreover, they have the right to dispute this documentary information if, for some reason, they consider it unreliable, erroneous. If a land dispute arises on this issue, then it is resolved in accordance with Art. 59 of the Land Code of the Russian Federation in court.

The information of the state land cadastre is open in nature, with the exception of those classified as restricted access (Art. In the Law).

The land cadastre contains information that is of practical use not only for state bodies maintaining this cadastre, but also for other management bodies in the field of land use and protection, tax authorities, etc. They are necessary for the right holders of land plots (owners, land owners, land users, tenants ). Participants of tenders, auctions and tenders are also interested in obtaining this information when making transactions with land plots (purchase and sale, mortgages, etc.). In all these cases, the bodies carrying out activities for the maintenance of the state land cadastre are obliged to provide the requested information to persons and organizations interested in them.

However, the openness of the land cadastre information within the meaning of Art. in (item 2) cannot be understood as their openness to all "inquisitive". They are provided, and on a mandatory basis, only to interested individuals and legal entities. Any person wishing to receive any information from the land cadastre must not only present an identity card (legal entity - a document on state registration) or a power of attorney from the applicant, but also write a statement in which he must confirm his right to receive the requested cadastre information.

The decision on the issuance of information is made by the body that maintains the land cadastre. If, in the applicant's opinion, the issuance of documents is unlawfully refused, he may appeal against the actions of officials (civil servants) to a court (arbitration court) on the basis of the Law of the Russian Federation "On appealing to a court of actions and decisions that violate the rights and freedoms of citizens" of 27 April 1993 No. 4866-1 (as amended by the Law of the Russian Federation of December 14, 1995 No. 197-FZ).

The multifaceted and important purpose of the cadastre for the correct organization of the rational use and protection of land resources requires the availability of appropriate documents that allow you to have fundamental information about each land plot in use (possession, lease, property).

Article 13 of the Federal Law "On the State Land Cadastre" establishes a mandatory list (composition) of documents. They are subdivided into main, supporting and derived documents. They are written in Russian.

The main documents include the Unified State Register of Lands, cadastral affairs and cadastral maps (plans).

Auxiliary documents include books for accounting documents, books for recording issued information and catalogs of coordinates of points of the reference boundary network.

Derivative documents include documents containing lists of land owned by the Russian Federation, property of constituent entities of the Russian Federation, property of municipalities, reports on the state and use of land resources, statistical reports, analytical reviews, derivative cadastral maps (plans), other reference and analytical documents.

The composition of the documents of the state land cadastre and the procedure for their maintenance are established by the federal executive body for state land management.

What is the purpose of the main inventory documents?

The Unified State Register of Lands is a document that is intended for conducting state cadastral registration of land plots. It contains information about existing and ceased to exist land plots:

their cadastral numbers;

location (address);

description of the boundaries of land plots, their individual parts;

property rights and restrictions (encumbrances) registered in the established manner;

economic characteristics, including the size of land payments;

qualitative characteristics, including indicators of the state of land fertility for certain categories of land;

the presence of real estate objects firmly connected with land plots.

The moment of occurrence or the moment of termination of the existence of a land plot as an object of state cadastral registration within the relevant boundaries is the date of making the corresponding entry in the Unified State Register of Lands.

Land plots located on the territory of the Russian Federation are subject to mandatory state cadastral registration, regardless of the form of land ownership, intended use and permitted use of land plots. State cadastral registration of land plots, carried out in accordance with the established procedure on the territory of the Russian Federation before the entry into force of the new federal law, is legally valid.

Bodies carrying out state registration of rights to immovable property and transactions with it, bodies (organizations) carrying out special registration or accounting of certain types of immovable property, natural resources and territorial zones, provide information on registered rights, availability of immovable property free of charge within ten days, firmly connected with land plots, and territorial zones to the bodies carrying out activities for the maintenance of the state land cadastre, in the required volume.

Bodies carrying out activities for maintaining the state land cadastre are obliged to provide information from the state land cadastre to the interested person who has presented an identity card and a written application (for a legal entity - documents confirming the state registration of this legal entity and the powers of its representative).

Information is provided in the form of extracts from the state land cadastre, as well as in cases provided for by law in the form of copies of documents stored in the cadastral file. The information provided by the body carrying out activities for maintaining the state land cadastre on legal grounds to citizens and legal entities can be used by them to create derivative information for the purpose of its commercial distribution with the obligatory indication of the source of information. In general, the land cadastre is filled with official documentary data, which form several of its interrelated functional sections: state registration of rights to land plots and other real estate, as well as transactions made with them; state registration of the quantity and quality of land; cadastral valuation of land.

Throughout the territory of the Russian Federation, the maintenance of the state land cadastre is carried out according to a unified methodology and is a sequential action to collect, document, accumulate, process, record and store information about land plots.

Information about the state and use of land plots, their areas, location, economic and quality characteristics are entered into the documents of the state land cadastre on the basis of data on land surveying, information provided by the rights holders of land plots, the results of topographic-geodetic, cartographic, monitoring , land management, soil, geological and geomorphological and other surveys and surveys.

Documenting the information of the state land cadastre is carried out on paper and (or) electronic media. If there are discrepancies in the information recorded on paper media and information recorded on electronic media, the information recorded on paper media has priority, unless otherwise provided by federal law.

The unified state register of lands and cadastral files are subject to eternal storage, their destruction and seizure are not allowed.

In the event that the documents submitted to the bodies carrying out activities for maintaining the state land cadastre do not contain information necessary for conducting state cadastral registration of land plots, or if such information is contradictory, the state cadastral registration of land plots is suspended and the applicants are immediately notified in writing. on the suspension of such accounting with the justification of these decisions.

The state cadastral registration of land plots may be suspended for no more than a month.

If, within the specified period, the applicant does not eliminate the reasons for the suspension of the state cadastral registration of the land plot, the applicant is sent a refusal to conduct the state cadastral registration of the land plot in writing.

The state cadastral registration of land plots should be refused if:

an inappropriate person has applied for the state cadastral registration of land plots;

documents submitted to the bodies carrying out activities for maintaining the state land cadastre for the state cadastral registration of land plots in form or content do not meet the requirements of the legislation of the Russian Federation;

when surveying land plots in respect of which the state cadastral registration of land plots must be carried out, the rights of adjacent land users have been violated;

the area of \u200b\u200bthe land plot, in respect of which the state cadastral registration of land plots must be carried out, is less than the minimum size established in accordance with the regulatory legal acts of the constituent entities of the Russian Federation or the regulatory legal acts of local government bodies for lands for various purposes and permitted use.

The decision to refuse to carry out the state cadastral registration of land plots within five days is sent to the applicants in writing, indicating the reasons for such refusal.

Refusal to conduct state cadastral registration of land plots or evasion of the relevant authority from conducting state cadastral registration of land plots may be appealed by interested persons in court, arbitration court.

Information from the state land cadastre about a certain land plot is provided in the form of extracts at the place of registration of this land plot for a fee or free of charge (clause 1 of article 22 of the Law on the State Land Cadastre).

Free (in accordance with clause 2 of article 22 of the Law on the State Land Cadastre) information about a certain land plot is provided:

the copyright holder of the land plot or persons authorized by the copyright holder;

tax authorities within the territory under their Jurisdiction;

courts and law enforcement agencies that have Cases related to this land plot;

bodies carrying out state registration of rights to real estate and transactions with it, bodies (organizations) carrying out special registration or accounting of certain types of real estate and territorial zones, in the amount necessary for the work of these bodies;

Specified in paragraph 2 of Art. 22 of the Law on the State Land Cadastre, bodies and persons pay the cost of copying and delivering the information provided by the state land cadastre about a certain land plot provided to them.

The state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies have the right to receive, free of charge, in the prescribed manner, summarizing information about lands within the boundaries of the respective territories.

Cadastral registration of land plots, that is, a description of their legal and economic characteristics, gives these information an official, legal meaning after they are entered in the Unified State Register of Lands. Bodies carrying out activities for maintaining the state land cadastre not only have the right, but are also obliged, in order to ensure the completeness and reliability of the cadastre, to check all the information about the land plot that comes from their rightholders (owners, land users, tenants, etc.). If there are any doubts about the boundaries of a land plot, the size of its area, the presence of easements, encumbrances, etc., then the necessary land management actions are taken to establish these essential information, their compliance with state registration data and other documents.

There should be no contradictions in the records kept by the bodies of Roszemkadastra in the Unified State Register of Lands, with entries in the Unified State Register of Rights to Real Estate and Transactions with It, which are maintained by the judicial authorities. If any contradictions are revealed in the characteristics of the land plot and in the rights to it, the actions on the state cadastral registration of lands are suspended. This is reported in writing, indicating the reasons for the refusal (suspension) in the state cadastral registration of land.

The owner, land user, landowner, tenant are obliged to take care of the elimination of the errors, inaccuracies and distortions in the accounting data. For this, the Law gives them a period of no more than a month (paragraph 2 of article 20). If, within the specified period, the applicant does not eliminate the reasons that caused the suspension of cadastral registration, then he is informed in writing of the refusal to conduct state cadastral registration of the land plot.

In terms of their legal consequences, the suspension of cadastral registration and the refusal to conduct it differ significantly. The suspension is a kind of negotiation process between the local authority of Roszemkadastre and the applicant, in which both parties are interested in a positive and early resolution. If the agency of Roszemkadastra refuses to register the land plot in the cadastre, negotiations and correspondence are terminated. The dispute in these cases is transferred to the court (arbitration court), while the dispute on the suspension of the cadastral registration of land is not within the jurisdiction of the court.

In what cases do the bodies of Roszemkadastra have the right to refuse the applicant in the cadastral registration of a land plot? Only in those that are named in the Law (clause 3, article 20):

If an inappropriate person has applied for the state cadastral registration of land plots;

When the documents submitted to the bodies carrying out activities for the maintenance of the state land cadastre for the conduct of state cadastral registration of land plots in form or content do not meet the requirements of the legislation of the Russian Federation;

If, when surveying land plots in respect of which the state cadastral registration of land plots is to be carried out, the rights of adjacent land users are violated;

The area of \u200b\u200bthe land plot, in respect of which the state cadastral registration of land plots is to be carried out, is less than the minimum size established in accordance with the regulatory legal acts of the constituent entities of the Russian Federation or regulatory legal acts of local government bodies for lands for various purposes and permitted use.

In other cases of violation of the procedure for state registration of land plots, the local authority of Roszemkadastra does not have the right to refuse the applicant to register land. He is obliged, together with him, to eliminate inconsistencies between the information on the land plot and the requirements established in the legislation. For these purposes, the actions on land registration of the body that maintains the state land cadastre are temporarily suspended.

Correction of technical errors made during the maintenance of the state land cadastre is carried out within five days after their detection.

Correction of technical errors is allowed if there is no reason to believe that such a correction may cause damage or violate the legitimate interests of landowners or third parties who relied on the corresponding records in the state land cadastre (Article 21 of the Law).

In cases where there are grounds to believe that the correction of technical errors may cause harm or violate the legitimate interests of the owners of land plots or third parties who relied on the relevant records in the state land cadastre, such correction is carried out on the basis of a court decision, an arbitration court.

Information on the correction of technical errors or refusal to Correct technical errors within five days is sent in writing to the rights holders of land plots or to third parties who relied on the corresponding records in the state land registry.

Technical errors in the maintenance of the land cadastre are, as a rule, inaccuracies in the records contained in the cadastre documents, which, although they do not give rise to harmful legal consequences, but the correction of which is necessary for the absolute reliability of information about the true rights to the land plot. For example, typos in the address of the owner of a land plot, digital data about it, etc. To correct such errors (errors), complex procedures and a long time are not required, therefore it is limited to five days.

Technical errors of a different nature are possible, that is, those, when corrected, there is a threat of harm or violation of the legitimate interests of the rights holders of land plots or third parties. For example, errors in the content of servitude rights, the belonging of a land plot to a particular territorial zone and other errors of significant legal significance. Such technical errors at the claim of interested parties are considered and verified in court with a summons to the court of the participants in land cadastral relations involved in this court case. Only after receiving the decision of the court (arbitration court), the body carrying out the maintenance of the state land cadastre is entitled to correct the error and inform the participants in the trial about it.

Information from the state land cadastre about a specific land plot is provided in the form of extracts at the place of registration of this land plot for a fee or free of charge. Free information about a specific land plot is provided:

to the owner of the land plot or to persons authorized by the copyright holder;

tax authorities within the territory under their jurisdiction;

courts and law enforcement agencies that have cases related to this land plot;

bodies carrying out state registration of rights to immovable property and transactions with it, bodies (organizations) carrying out special registration or accounting of certain types of immovable property and territorial zones, to the extent necessary for the work of these bodies;

to persons who have the right to inherit the land plot of the rightholder by will or by law;

other persons established by law.

Specified in paragraph 2 of Art. 22 of the Law on the State Land Cadastre, bodies and persons pay the cost of copying and delivering the information provided by the state land cadastre about a certain land plot provided to them.

Bodies of state power of the Russian Federation, bodies of state power of the constituent entities of the Russian Federation and bodies of local self-government have the right to receive, free of charge, in the prescribed manner, summarizing information about lands within the boundaries of the respective territories.

The use of information from the state land cadastre in ways or in forms that cause damage or violate the legitimate interests of the rightholders of land plots entails liability under the legislation of the Russian Federation.

Legal and legal aspects of the practical application of land cadastral information.