Goskomregister of the Republic of Crimea: why quickly register real estate by decision of the court is not always possible

Krympress reports:

The State Committee for State Registration and Cadastra of the Republic of Crimea called the reasons why it is not always possible to quickly register real estate of the applicant on the basis of the presented court decision. Julia Zhiganova, Deputy Chairman of the State Committee for State Registration and Cadastra of the Republic of Crimea, spoke in detail about the factors that are not dependent on the increase in the terms of consideration of some applications for state registration of rights.

The applicants often do not understand the reason for the suspension of real estate registration in the event that the package of documents submitted for paperwork contains the original of the court decision, certified by the wet seal and containing all the necessary marks. Having not received public services within the expected deadlines, some citizens, perhaps already tired of judicial red tape, begin to think that the employees of the Goskom, for their part, intentionally delay the solution of this issue. This opinion is erroneous, say the experts of the State Register.

The fact is that according to Art. 29 of the Federal Law No. 218-ФЗ “On State Registration of Real Estate”, the registrar of rights is obliged to additionally check the authenticity of the court decision provided by the applicant, even if the document externally does not cause any doubt. A legal examination of documents is carried out in absolutely all cases without exception. But, since in the courts of general jurisdiction the system of electronic interaction has not been worked out at the moment, the registrar is not able to check the accuracy of the submitted documents online. Unfortunately, it also happens that such decisions are not always posted on the website of a court in a timely manner— explains Julia Zhiganova.

The traditional option remains — the direction of the interdepartmental request on paper. At the same time, if the response to the request does not come for a long time, then the employees of the Goskom Register cannot influence this. At the same time, registration can be resumed only after confirming the authenticity of the document by the court by the court, when the fact of the publication of the relevant judicial act, the reliability of the information indicated in it and its reality are confirmed.

We have repeatedly encountered a situation where the applicant filed a court decision on the recognition of the right, and in response to our request came either a decision to refuse a lawsuit, or information on the cancellation of a decision of the court by a higher author, or on the adoption of an appeal that automatically transfers the decision provided by the applicant into the status of the non -entry into force. It also happened that the applicants faked the documents and changed the resolution of the court decision: the truth was opened only after the response to the interdepartmental request, albeit belated in time. Currently, electronic interaction systems with federal authorities are in the competence of the central devices of federal bodies and cannot be resolved independently in the field. But we hope that sooner or later this issue will be resolved, electronic interaction with the courts of general jurisdiction will be established and the applicants will no longer have to feel all the costs of paper document management— concluded the deputy chairman of the committee.

Source: the press service of the Goskom Registration

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