Prospects: how the conditions for the sale of real estate for children can be simplified

CrimeaPRESS reports:

Obtaining the consent of the guardianship and guardianship authorities for transactions with children’s real estate, for example, purchased for mother capital, can be simplified — it will be possible to apply for it through the State Services, and it will be issued electronically. Such amendments were approved by the government commission on legislative activity, reported Newsm members of the commission and confirmed sources in the Cabinet. The authors of the project from the Ministry of Economic Development promise that the adoption of such a law will significantly speed up the receipt of mandatory consent to the transaction — now it can only be applied for in person, it is issued for a long time and in paper form. Also, the department is sure that the electronic document is more protected from counterfeiting.

Guardianship and mortgage

The simplification of the process of selling real estate owned by minors was approved by the government commission on legislative activity. This was reported to Izvestia by members of the commission and confirmed by sources in the Cabinet of Ministers.

Now any transactions with the property of a minor require prior permission from the guardianship and guardianship authorities — it is issued in paper form within 15 days after the application. But the draft law, which was developed by the Ministry of Economic Development in 2022, adds another way to obtain such consent: in electronic form upon request through the public services portal or at the MFC.

In 2022, the department explained that the measure was spelled out in the road map to improve housing conditions for at least 5 million families with children a year (it was approved by Deputy Prime Minister Marat Khusnullin in 2021). Families with children can count on a reduced mortgage interest rate, so the bill proposes changes to two laws at once — “On Mortgage” and “On Guardianship and Guardianship”.

If the amendments are approved by the State Duma, families who bought apartments and houses with the help of maternity capital will be able to use the new mechanism, Vladimir Voloshin, director of the digital economy development department of the Ministry of Economic Development, told Izvestia.

For example, a large family that bought an apartment with the help of mother capital and plans to improve their living conditions by selling their housing to purchase a larger apartment. But because of the current rules, it is difficult to do this: you need to personally go to the guardianship authorities, wait in lines, and so on. The bill solves this problem— notes Vladimir Voloshin.

Incomplete digitalization

The digital procedure for issuing and obtaining consent “will significantly speed up the sending and receiving of requested documents by credit institutions,” the Ministry of Economics noted in response to a request from Izvestia. They indicated that citizens would not have to spend time obtaining documents on their own, and then transfer them to banks.

The guardianship authorities will be able to send consent to a transaction with the child’s property directly to banks — through the channels of the interdepartmental electronic interaction system, Vladimir Gruzdev, a member of the legal commission, chairman of the board of the Association of Lawyers of Russia, told Izvestia.

At the same time, the Ministry of Economics noted that the registration and sending of the document in electronic form by the guardianship authorities to the credit institution «will not be the only way to receive the service.» “It is premature to talk about its transfer completely to the digital field,” the response to the request says. “The bill only expands the ways of obtaining a document to the needs of the modern level.”

Vladimir Gruzdev assured that the digital procedure for obtaining consent will maintain “high guarantees for the protection of the rights of minors.” The amendments, if adopted, reduce the risk of a bank receiving a false document, Izvestia was also told by the Ministry of Economic Development.

The proposed document format is created and transmitted in a secure document flow loop, which will become an additional guarantee of its reliability.the department said.

Modern realities

Now the procedure for obtaining the consent of the guardianship authorities really includes the collection of a vast number of documents and the personal presence of legal representatives in the guardianship authority, Viktoria Dergunova, a lawyer, partner in the family law and inheritance planning practice of BGP Litigation, told Izvestia.

The consent itself is granted, as a rule, only on condition that the child acquires an equivalent housing. Taking into account the current realities, the passage of this procedure may take considerable time, for example, when, for various reasons, both legal representatives cannot appear at the same time in the authoritiesshe explained. — And this in itself can lead to a violation of the property rights of the child in cases where decision-making requires promptness.

Simplification of the procedure, in her opinion, will have a positive impact on the interaction of citizens with guardianship authorities, and on the interaction of guardianship authorities with credit institutions and Rosreestr.

Lawyer, partner of the Yablokov Brothers law firm Artem Yablokov called the proposed changes logical.

Rosreestr continues to move towards the digitalization of the workflow related to the registration of rights to real estate, in particularhe said.

He also confirmed that «it is more difficult to forge a document on the digital segment of registration.»

However, there are cases when, for example, fraud was committed using a digital signaturethe lawyer recalled. — Not every simplification of a process guarantees an increase or preservation of its level of safety.

He also urged not to expect cardinal changes in the near future — the adaptation period for the transition from one document management system to another will take time.

source: News

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