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The updated version of the Civil Code of the Russian Federation, according to the lawyers of Rosreestr, notes the portal NSP.Ru, contradicts other important laws in real estate.
On the website, where draft regulations are published, posted a bill with a magical title: «On Amendments to the Legislative Acts of the Russian Federation … in Connection with the Adoption of the Law» On Amendments to the Civil Code of the Russian Federation … «The document was published 05 August, developer — Rosreestr. There is no explanatory note. Recall: on September 1, amendments to the Civil Code of the Russian Federation came into force, which relate to the rights to land plots, residential and non-residential real estate, etc. The topic is important for millions of citizens; the status of the document obliges to assume that it was prepared for a long time and diligently. Now it turns out that changes in the Civil Code of the Russian Federation lead to adjustments in other fundamental acts , the journalists say.
Rosreestr specialists propose to amend and supplement the law on mortgages, the Land, Housing and Urban Planning Codes, the law on registration of real estate, the law on gardening, on the protection of monuments, etc.
The Mortgage Law is to be supplemented with a chapter on the mortgage of rooms in communal apartments; it is clarified that when pledging a plot, the encumbrance applies to the buildings located on it and “inseparable improvements”, etc. Rosreestr’s lawyers propose to supplement the Land Code with a chapter on “inseparable improvements”, Housing — with provisions on the turnover of rooms, redevelopment and rights to the common property of MKD …
The text is extensive, there are many changes. We will leave the arguments about how necessary they are to professional lawyers. By the way: the law 10-FZ on amendments to the Civil Code of the Russian Federation (namely, to the chapter on property , where about real estate) was adopted in December 2021 year. And the entry into force of these provisions was postponed for eight months — probably just to eliminate inconsistencies. Now it turns out that from the moment the updated Civil Code comes into force, it begins to contradict other federal laws. Or they are to him, it’s how to look.
To completely confuse the reader, we also note: on the same portal for the publication of bills there is another document by Rosreestr, and also with amendments to the first and second parts of the Civil Code of the Russian Federation. It was posted in March 40 of the year, its further fate is unknown, it does not appear in the State Duma search engine.
The NSP editors have a few naive questions about this:
We somehow imperceptibly got used to the fact that different departments interpret the law differently. Surprised by this practice, citizens are advised to go to court. Isn’t it possible to somehow arrange that only those documents about which the ministers and members of the federal government (at least they) have a unanimous opinion reach the stage of law? Otherwise, it does not look like a legislative provision for the well-being of citizens, but rather a competition for financial flows. In addition, the question arises: does the quality of the preparation of documents correspond to the level of salaries that deputies and federal officials have determined for themselves?
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