of July 21, 2009 No. 132
About some questions of application by Arbitration Courts of articles 20 and 28 of the Federal law "About State Registration of the Rights to Real Estate and Transactions with It"
Due to the questions arising in court practice connected with entry into force of changes in article 28 of the Federal law "About State Registration of the Rights to Real Estate and Transactions with It" (further - the Law on registration, the Law), and according to article 16 of the Federal constitutional Law "About Arbitration Courts in the Russian Federation" Presidium of the Supreme Arbitration Court of the Russian Federation recommends to Arbitration Courts to be guided by consideration of disputes by the following.
1. The basis for state registration of the rights to real estate according to article 28 of the Law on registration are court resolutions in which substantive provisions there is conclusion about property accessory to certain person on corporeal or liability law (availability of encumbrance or restriction of the right) which is subject to state registration. Is among similar acts, in particular, and the determination about approval of the voluntary settlement providing origin or the termination of the right (encumbrance or restriction of the right) on real estate which is subject to state registration.
As appears from Item 1 of article 28 of the Law on registration, the rights to real estate established by the judgment are subject to state registration which the state registrar (further - the registrar) has the right to refuse only on the bases specified in paragraphs four, the sixth, the seventh, the ninth, the tenth, eleventh and twelfth Item 1 of article 20 of the Law.
According to the paragraph to the fourth Item 1 of article 20 of the Law on registration state registration of the rights it can be refused if the documents submitted on state registration of the rights in form or content do not conform to requirements of the current legislation.
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