ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of July 1, 2002 No. 184

About approval of Methodical recommendations about procedure for carrying out state registration of the rights to real estate and transactions with it

According to article 10 of the Federal Law of July 21, 1997 N122-FZ "About State Registration of the Rights to Real Estate and Transactions with It", Item 2 of the Order of the Government of the Russian Federation of February 18, 1998 N219 "About Approval of Rules of Maintaining the Unified State Register of Rights on Real Estate and Transactions with It", item 4 of Section 6 of the Federal program of step-by-step development of system of the state registration of the rights to real estate and transactions with it approved by the Order of the Government of the Russian Federation of April 9, 2001 N273 "About Approval of the Federal Program of Step-by-step Development of System of State Registration of the Rights to Real Estate and Transactions with It" I order:

Approve Methodical recommendations about procedure for carrying out state registration of the rights to real estate and transactions with it according to appendix

Approved by the Order of the Ministry of Justice of the Russian Federation of July 1, 2002 No. 184

Methodical recommendations about procedure for carrying out state registration of the rights to real estate and transactions with it

I. General provisions

1. These Methodical recommendations about procedure for carrying out state registration of the rights to real estate and transactions with it (further - Recommendations) are developed on the basis and according to the Civil code of the Russian Federation * (1) (further - the Code), the Federal Law of July 21, 1997 No. 122-FZ "About state registration of the rights to real estate and transactions with it" * (2) (далееЗакон), the Order of the Government of the Russian Federation of February 18, 1998 N219 "About Approval of Rules of Maintaining the Unified State Register of Rights on Real Estate and Transactions with It" * (3) (further - Rules of maintaining EGRP), the Federal program of step-by-step development of system of the state registration of the rights to real estate and transactions with it approved by the Order of the Government of the Russian Federation of April 9, 2001 N273 * (4).

2. Recommendations are submitted on rendering the practical help to Federal registration Service (further - Service, the body performing state registration of the rights) and to territorial authorities of Federal registration Service (further - the territorial authorities of Service, bodies performing state registration of the rights) for the purpose of enhancement by them of practice of carrying out state registration of the rights to real estate and transactions with it.

3. State registration of the rights is carried out according to the procedure, established by the Law (Item 6 of article 131 of the Code), and includes:

documents acceptance, necessary for state registration of the transaction with the real estate unit and (or) it is right (its origin, transition, the termination), restrictions (encumbrance) of the right and meeting the requirements of the Law, and their registration in the book of accounting of incoming documents (Articles 12, of 13, of 16, of 17, 18 Laws);

legal examination of documents and check of legality of the transaction, legal force of the documents of title submitted on state registration during which, including, lack of contradictions between the declared rights and already registered rights to the real estate unit, check of validity of the documents filed by the applicant and availability of the rights at person which prepared the document or authority, and also lack of other bases for suspension or refusal in state registration is established (Articles 9, 13, 17 Laws);

entering of records into the Unified State Register of Rights on real estate and transactions with it (further - the Unified State Register of Rights) in the absence of the specified contradictions and other bases for refusal or suspension of state registration (Article 9, 13 Laws);

the certificate of the carried-out state registration by means of making of special registration texts on the documents expressing contents of the transaction, and issue of the certificate on state registration of the right, authentic copies of the documents submitted by the applicant on state registration (Articles 9, 13, 14, 18 Laws).

Registration of the documents submitted on state registration is performed according to the procedure, established by the Rules of maintaining books of accounting of documents and cases of documents of title in case of state registration of the rights to real estate and transactions with it approved by the Order of the Ministry of Justice of the Russian Federation of December 24, 2001 N343 * (5) (further - Rules of maintaining books of accounting of documents). In the book of accounting of incoming documents in case of registration of the documents submitted on state registration also date and time of receipt of documents to within minute (Item 5 of article 16 of the Law) are specified.

Entering of records into the Unified State Register of Rights is performed according to the procedure, established by Articles 12, 13 Laws, Rules of maintaining EGRP, by other regulatory legal acts of the Russian Federation adopted according to the Law, including acts of the Ministry of Justice of the Russian Federation (Article 10, of 12, 22 Laws).

Certificates on state registration of the rights are filled and issued according to the procedure, the stipulated in Clause 14 Laws, by Rules of maintaining EGRP, the Instruction about procedure for filling and issue of certificates on state registration of the rights, messages on refusals in state registration of the rights to real estate and transactions with it and information on the registered rights approved by the order of the Ministry of Justice of the Russian Federation of September 18, 2003 N226 "About Approval of the Instruction about Procedure for Filling and Issue of Certificates on State Registration of the Rights, Messages on Refusals in State Registration of the Rights to Real Estate and Transactions with It and Information on the Registered Rights" * (6) (further - the Instruction about procedure for filling and issue of certificates, messages on refusals and information on the registered rights).

Making of special registration texts on the documents expressing contents of the transaction is performed according to the procedure, the stipulated in Clause 14 Laws, Rules of maintaining EGRP, other regulatory legal acts of the Russian Federation adopted according to the Law, including acts of the Ministry of Justice of the Russian Federation (Article 10, 12 Laws).

4. According to Item 3 of article 13 of the Law the term of carrying out state registration established by it begins to flow from the date of submission (representation) of documents for state registration. In case of calculation of the termination of term of carrying out state registration it is recommended to be guided by provisions of Chapter 11 of the Code.

5. According to the Law not later than in the time of carrying out state registration by the body performing state registration of the rights (the state registrar) provided by it one of the following actions shall be performed:

record in the Unified State Register of Rights is made and the carried-out state registration is certified (Articles 9, of 12, of 13, 14 Laws);

state registration (article 19 of the Law) is suspended;

the decision on refusal in state registration or is made on the termination of state registration (article 20 of the Law).

6. When carrying out state registration of transition of the right to the real estate unit, its restrictions (encumbrance) or the transaction, committed after enforcement of the Law, with the real estate unit it is recommended to take into account that according to Item 2 of Article 6, Item 2 of article 13 of the Law such registration is possible on condition of availability of state registration of earlier arisen rights to this object in the Unified State Register of Rights.

II. Procedure for documents acceptance on state registration of the rights and the requirement to the submitted documents

7. Documents acceptance on state registration of the rights is performed according to the procedure, established by the Law, including its articles 16-18. It is recommended to consider that features of documents acceptance on state registration can be also established by other regulatory legal acts of the Russian Federation. For example, according to Item 3 of the Order of the Government of the Russian Federation of August 31, 2000 No. 648 "Questions of state registration of the rights to the real estate which is in federal property" * (7) the statement for state registration of restriction (encumbrance) of the rights to the real estate which is in federal property moves person for benefit of whom such restriction (encumbrance) is set if other is not provided by the Federal Law.

8. According to the Law on state registration are represented:

the statement for state registration (Articles 13, 16 Laws) except as specified, specified in Item 3 of article 28 of the Law;

the document, about payment of the state fee (Item 1 of Article 11, Item 1 of Article 13, item 4 of article 16 of the Law);

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