It is registered
Ministry of Justice
Russian Federation
On September 30, 2003 No. 5122
of September 18, 2003 No. 226
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
In pursuance of the Federal Law "About State Registration of the Rights to Real Estate and Transactions with It", Rules of maintaining the Unified State Register of Rights on real estate and the transactions with it approved by the order of the Government of the Russian Federation of 18.02.1998 of N 219, I order:
1. Approve the enclosed 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.
2. Enact the enclosed 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 since October 20, 2003.
Minister
Yu. Ya. Chaika
Approved by the Order of the Ministry of Justice of the Russian Federation of September 18, 2003 No. 226
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 is developed on the basis and according to the Federal Law of July 21, 1997 N122-FZ "About State Registration of the Rights to Real Estate and Transactions with It" * (1) (further - the Law), the Rules of maintaining the Unified State Register of Rights on real estate and transactions with it approved by 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" * (2) (daleepravil of maintaining EGRP).
This Instruction establishes procedure for filling and issue by Federal registration Service (further - Service, the body performing state registration of the rights) and territorial authorities of Federal registration Service (further - the territorial authorities of Service, bodies performing state registration of the rights) certificates on state registration of the rights, messages on refusals in state registration of the rights to real estate and transactions with it, statements from the Unified State Register of Rights on real estate and transactions with it, including about transition of the rights to the real estate unit and about the rights of the individual to the real estate units which are available for it, and also certificates of contents of documents of title and certificates of the faces which received data on the real estate unit issued to the owner.
Features of filling and issue of certificates on state registration of the rights, statements from the Unified State Register of Rights on real estate and transactions with it, including about transition of the rights to the real estate unit and about the rights of the individual to the real estate units which are available for it, certificates of contents of documents of title are also established by other legal acts of the Ministry of Justice of the Russian Federation about procedure for carrying out state registration of the rights to separate types of real estate units and (or) transactions with them.
1. According to Item 3 of Article 131 of the Civil code of the Russian Federation * (3) the bodies performing state registration of the rights shall grant according to petitions of owners certificates on state registration of the rights (further - certificates).
For the purpose of providing the rights of participants of the relations regulated by the Law it is necessary to recommend to applicants to resolve issue of submission of the specified petitions in case of submission of documents on state registration of the rights to real estate. Such petition shall contain in statements for state registration of the rights to the real estate.
If the applicant does not wish to receive the certificate, then about it shall be specified in its statement for state registration of the rights. At the same time further the petition (statement) for issue of the certificate can be submitted by the applicant as during by the body performing state registration of the rights, works on state registration of the right and after state registration of the right.
The certificate can be granted to the owner while the right on which he petitions for issue of the certificate, belongs to it according to records of the Unified State Register of Rights on real estate and transactions with it (further - the Unified State Register of Rights).
According to the petition (statement) of the owner to it the new certificate, for example, in exchange earlier lost, become useless can be repeatedly granted. In this case on the face of the certificate the words "repeated, instead of the certificate", and further - series, number and date of issue previous (previous) evidences (certificates) are specified. At the same time the column "Date of issue" of again granted certificate is filled in according to item 4 of this Instruction. In other columns of the certificate the data containing in the Unified State Register of Rights for the date of its issue specified in the certificate are entered (that is for date of filling of the certificate and its signing by the state registrar).
2. According to article 14 of the Law the certificate the carried-out state registration of origin and transition of the rights to real estate makes sure. The form of the certificate is established by Rules of maintaining EGRP. The data specified in graphs of the certificate are determined in Item 74 of Rules of maintaining EGRP.
Based on Item 73 of Rules of maintaining EGRP certificates are issued to owners of real estate and owners of other corporeal rights to it.
3. The words "Russian Federation", "Unified State Register of Rights on Real Estate and Transactions with It", "Certificate on State Registration of the Right", the name of the body performing state registration of the rights, and also series and certificate number are introduced in forms of certificates in case of their production. Other data specified in Item 74 of Rules of maintaining EGRP are introduced in columns of the certificate and filled in in each case on the basis and according to records of the Unified State Register of Rights, except the cases specified in this Section of the Instruction.
4. In the column "Date of issue" date of filling of the certificate and its signing by the state registrar which can not match with date of state registration of the right in the Unified State Register of Rights and with date of its actual issue to the owner is specified.
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The document ceased to be valid since January 6, 2012 according to the Order of the Ministry of Justice of the Russian Federation of December 9, 2011 No. 421