What contracts are subject to mandatory state registration. What rights are subject to state registration

1. In the cases provided for by law , the rights securing the ownership of the object of civil rights to a certain person, restrictions on such rights and encumbrances of property (right to property) are subject to state registration.

State registration of rights to property is carried out by a body authorized in accordance with the law on the basis of the principles of checking the legality of the grounds for registration, publicity and reliability of the state register.

In the state register, data must be indicated that make it possible to definitely establish the object to which the right is established, the entitled person, the content of the right, the basis for its occurrence.

2. The rights to property, subject to state registration, arise, change and terminate from the moment the corresponding entry is made in the state register, unless otherwise established law.

3. In the cases provided for by law or by agreement of the parties, a transaction entailing the emergence, change or termination of rights to property, which are subject to state registration, must be notarized.

An entry in the state register is made in the presence of applications about this from all persons who completed the transaction, unless otherwise provided by law. If the transaction is made in notarial form, an entry in the state register can be made at the request of any party to the transaction, including through a notary.

4. If the right to property arises, changes or terminates due to the occurrence of the circumstances specified in the law, an entry on the occurrence, change or termination of this right shall be entered into the state register at the request of the person for whom such legal consequences occur. The law the right of other persons to apply for making an appropriate entry in the state register may also be envisaged.

5. Authorized body in accordance with the law, carrying out state registration rights to property, checks the powers of the person who applied for state registration of rights, the legality of the grounds for registration, and other stipulated by law circumstances and documents, and in the cases specified in paragraph 3 of this article, also the occurrence of the corresponding circumstance.

If the right to property arises, changes or terminates on the basis of a notarized transaction, the body authorized in accordance with the law has the right to verify the legality of the relevant transaction in the cases and in the manner prescribed by law.

6. The registered right can be challenged only in court. The person indicated in the state register as the rightholder is recognized as such until a different entry is made in the register in accordance with the procedure established by law.

In the event of a dispute regarding a registered right, a person who knew or should have known about the unreliability of the data of the state register does not have the right to refer to the relevant data.

7. With regard to the registered right, the state register may be entered in okay established by law, mark on the objection of the person whose corresponding right was registered earlier.

If, within three months from the date of entry in the state register of a note on the objection to a registered right, the person, upon whose application it was entered, has not challenged the registered right in court, the note on the objection shall be canceled. In this case, the re-entry of the note on the objection of the specified person is not allowed.

EXTRACTS FROM THE ARTICLE

Formation in Russia of a unified system of state registration of rights to real estate and transactions with him introduces significant changes in the implementation of the rules of law on real estate and in the rules prevailing in the real estate market. The definition of state registration is given by the Federal Law of July 21, 1997 No. 122-FZ "On state registration of rights to real estate and transactions with it" (hereinafter the Law on State Registration).

State registration is a legal act of recognition and confirmation by the state of the occurrence, limitation (encumbrance), transfer or termination of rights to real estate in accordance with the Civil Code of the Russian Federation.

The various law enforcement practices of justice institutions that are emerging in the regions, the abundance and complexity of the norms of civil legislation to be applied during state registration, determine the relevance of publications on this topic.

A fundamental feature of the state registration system is that registration is not subject to copyright holders, not the real estate itself and not documents for it, a civil relations about real estate, namely:

a) rights to real estate.

b) transactions with him;

c) restrictions (encumbrances) of rights.

Registration of such legal relations in the Unified State Register of Rights to Real Estate and Transactions with it is carried out in a different manner and entails various legal consequences.

The purpose of this article is to describe the problems of state registration associated with the moment of origin of the right, the peculiarities of acquiring and registering the right to common ownership of real estate, registration of the inheritance rights of citizens.

This publication should help participants in the real estate market determine what legal consequences the act of state registration entails, or its absence, and choose the right option for behavior in a particular situation. The article can also be useful for notaries and state registrars of rights.

Rights to real estate subject to state registration

According to paragraph 2 of Art. 8 of the Civil Code of the Russian Federation, rights subject to state registration arise from the moment of state registration of rights, unless otherwise provided by law. The emergence of the right to real estate, the acquisition of a title, is the main legal consequence of state registration.

The following rights to immovable property, specified as real property in clause 1 of Art. 131 and art. 216 of the Civil Code of the Russian Federation:
1) ownership;
2) the right of economic management of property;
3) the right of operational management of property;
4) the right to life-long inheritable possession of a land plot;
5) the right to permanent (unlimited) use of the land plot;
6) easement.

The system of real rights of domestic civil legislation is such that the type of real right is associated with the object and subject of law. For example, on land only the right to property, the right to life-long inheritable possession, the right to permanent (indefinite) use and easement can exist, and the right to life-long inherited possession is only available to individuals. The emergence of a property right of economic management or operational management of a land plot is not provided for by legislation.

There are also such property rights individuals, as the right to use the dwelling by the family members of the owner living in it (clause 1 of article 292 of the Civil Code of the Russian Federation), the right to live in the dwelling by virtue of a testamentary refusal (article 538 of the Civil Code of the RSFSR 1964). However, the requirement for state registration would make the implementation of the rights of these persons, regulated by housing, family and inheritance legislation, dependent on the act of state registration introduced by the Civil Code. If it is necessary to register them, justice institutions will inevitably face the problem of determining the subjects of such rights and the grounds for registration. According to Art. 53 of the Housing Code of the Russian Federation, family members include not only spouses and children, parents, but also other relatives, disabled dependents. In exceptional cases, other persons living together and running a common household may also be recognized as family members. For the emergence of rights to use residential premises non-owners no state registration is required. First of all, because these rights do not participate in civil circulation and cannot be freely alienated. The legislator provides for a different way to protect such rights, different from state registration. These rights are retained upon transition. dwelling ownership to another owner (clause 2 of Art. 292 of the Civil Code of the Russian Federation), and the list of persons retaining the right to use residential premises is an essential condition of contracts for the sale and exchange of housing (clause 2 of Art. 558 of the Civil Code of the Russian Federation). That is why a mandatory document for notarization or registration of transactions with residential premises are extracts from house books, certificates of passport offices. Registration of the rights to use residential premises, which is not provided for by law, would lead to the performance of the administrative function of the passport and visa service of the Ministry of Internal Affairs of the Russian Federation, which is unusual for justice institutions.

Decree of the Moscow Government dated October 6, 1998 No. 767 approved the procedure for registering the rights to use residential premises by members of the owner's family in accordance with Art. 292 of the Civil Code of the Russian Federation, which is made on the basis of a joint application by the owner of the dwelling and his family members. This act of the subject of the Russian Federation contradicts Art. 3, 11 of the Law on State Registration, according to which the constituent entities of the Russian Federation have the right to adopt acts only in terms of creating registration bodies and determining registration fees, as well as clause "O" of Art. 71 of the Constitution of the Russian Federation, which refers civil legislation to the exclusive jurisdiction of the Russian Federation.

Clause 1 of Art. 2 of the Law on State Registration, it is established that in the text of the law, the state registration of rights means the state registration of rights to real estate and transactions with it as a legal act of recognition and confirmation by the state of the occurrence, limitation (encumbrance), transfer or termination of rights to real estate in accordance with The Civil Code of the Russian Federation. That is, the concept of state registration of rights in this law includes the entire registration procedure, while the object of registration is established by the Civil Code.

Only the Code can specifically establish what is subject to registration: a right, a transaction or encumbrance (limitation) of a right .

The moment of origin of rights to real estate

According to the rule established by clause 2 of Art. 8 of the Civil Code of the Russian Federation, the right to real estate arises from the moment of state registration, unless otherwise provided by law. Thus, the legal consequence of the act of state registration of rights is the emergence of a real right to real estate.

Should be distinguished registration of rights from registration of transactions with real estate ... Establishing the obligatory state registration of certain contracts in relation to real estate, the legislator determined the moment of their registration as the moment of conclusion (clause 3 of article 433 of the Civil Code of the Russian Federation).

Thus, the legal consequence of the act of state registration of the transaction is the recognition of the contract as concluded .

If registration is subject transfer of real estate , for example, a contract for the sale and purchase of residential premises (clause 2 of Art. 558 of the Civil Code of the Russian Federation), then this contract is considered concluded from the moment of its state registration.

It is from this moment that certain (article 454 of the Civil Code of the Russian Federation) mutual obligations of the parties appear: the seller - to transfer the property, the buyer - to accept and pay for it.

However, obligations are only mutual promises that may not be fulfilled by the parties.

In order for the buyer to become the owner of the real estate, it is necessary to carry out the second registration action - registration of his rights .

Only from the moment the second registration entry was made in the Unified State Register in accordance with paragraph 2 of Art. 8 of the Civil Code of the Russian Federation, the ownership of the buyer will arise.

Thus, registration of transactions and registration of rights are different registration actions with different legal consequences.

However, linking the moment of emergence of real rights to real estate with the moment of state registration of the right, the Civil Code allows exceptions to this rule established by law.

Only from the moment of state registration of rights, real rights arise to newly created (Article 219 of the Civil Code of the Russian Federation) and real estate acquired under a contract (Article 223 of the Civil Code of the Russian Federation), as well as to prescription ownership (Clause 1 of Article 234 of the Civil Code of the Russian Federation). If by general rule state registration of rights has legal significance, then in the cases listed below it only confirms the existence of the right, that is, it has legal significance.

Features of state registration of the right to common property

The common share ownership right is a single right, the peculiarity of which is that it belongs to several persons at the same time.

A share in common ownership does not mean ownership of a specific piece of real estate.

State registration of the right to joint ownership is carried out by making one entry on the right, indicating all joint owners as subjects of law.

State registration of the right to share ownership is carried out by making an entry on the right of each co-owner, indicating his share in the right.

An important feature of common property is that it arises simultaneously when one thing becomes the property of several persons (clause 4 of article 244 of the Civil Code of the Russian Federation). The question arises about the need for simultaneous state registration of the rights of all co-owners. Since the registration of shared ownership requires the filing of an application by each rightholder with the attachment of a payment document, this creates difficulties if one of the co-owners does not want to register his right.

but the procedure for registering shared ownership also depends on the basis and moment of origin of the right .

On the basis of contracts for the acquisition of real estate in common ownership, the right to real estate arises for the acquirers from the moment of state registration of the right, which is carried out simultaneously at the request of all co-owners by making entries on the right of each participant indicating his share.

V In this case, the state registration of the rights of only one of the co-owners cannot be made without registering the rights of the rest. For example, if the property is purchased by three buyers, but one of them evades the registration of the transfer of rights, it is impossible to register the rights of only two co-owners indicating 2/3 of the share in the right. At the same time, it cannot be said that the transfer of rights for 1/3 of the share did not take place, and it remained in the ownership of the seller. The seller did not transfer 1/3 of the share to each buyer, he transferred one thing to the ownership of three persons, and the ownership of the property can arise only at the same time. The acquirers who signed one agreement together are obliged to simultaneously submit applications and documents required for state registration. Otherwise, their actions can be regarded as evasion from state registration, the cases of which are established by paragraph 3 of Art. 165 and clause 3 of Art. 551 of the Civil Code of the Russian Federation.

If one of the co-owners alienates his share in the right, then the right to real estate will arise from the acquirer of the share from the moment of state registration of the right in accordance with the requirements of Art. 251 and clause 2 of Art. 223 of the Civil Code of the Russian Federation. In this case, registration is carried out at the request of the acquirer by making an entry in the register about his right with an indication of the size of the share. The registrar cannot require registration of the rights of other co-owners, since their right arose earlier and is recognized as legally valid.

When privatizing a communal apartment, one gratuitous transfer agreement must be signed by all participants. If the apartment is transferred to shared ownership, then the number of original copies of the contract must correspond to the number of participants. A privatization agreement, for example, "25/86 shares of a communal apartment", is illegal, since the object of privatization can be rented residential premises: a communal apartment as a whole, or a part of an apartment consisting of one or several rooms, or other residential premises. In the case of the privatization of a communal apartment, the right to share ownership of the apartment as a whole arises as an object of real estate. As noted above, given right arises not from the moment of state registration with the institution of justice, but from the moment of registration of the contract with the local government. In such a situation, each of the participants in privatization can apply for state registration of property rights independently of the others.

Registration of the right to share ownership on the basis of a court decision should also be made without registering the rights of other co-owners, since, according to paragraph 1 of Art. 28 of the Law on State Registration, the registrar does not have the right to refuse to register a right established by a court decision that has entered into force.

When participants in common property conclude an agreement on the establishment (change) of shares, entries on rights indicating new shares must be entered into the Unified State Register at the same time at the request of all co-owners. If the common property was previously registered with the institution of justice, then the state registration is not performed, but changes are made to the existing registration record.

In accordance with Art. 251 and 233 of the Civil Code of the Russian Federation, a share in ownership of real estate arises from the moment of state registration in case of alienation of a share by a co-owner.

But, shares in the existing right of ownership are determined by law or by an agreement between co-owners, while the law does not establish that shares arise from the moment of state registration.

In the case of common property, not the right to a share is registered in the Unified State Register, and ownership with or without indicating the size of shares, since shared and joint ownership are only types of one property right of ownership .

It would be wrong to say that, for example, when determining shares, joint ownership is terminated, and shared ownership arises. As noted above, from the moment of state registration, co-owners have one right to one property, but the determination of shares in existing law is not related to the moment of state registration.

If citizens acquired an apartment in joint ownership and registered the right of joint ownership with the institution of justice, and subsequently established shares by agreement, turning the joint ownership into shared ownership, then they should apply not for registration of the shared ownership right, but for making changes. In this case, each of the share owners must be issued a Certificate of Registration indicating his share in the right. As the basis, the document of title is indicated, on the basis of which the joint ownership arose earlier, as well as agreement on the establishment (change) of shares . If we take into account that the agreement on the establishment (change) of shares is not a transaction subject to state registration and does not require mandatory notarization, then the costs of changing joint ownership to a share or changing the size of shares will be minimal.

Consent of the participants in shared ownership to state registration

According to paragraph 1 of Art. 24 of the Law on State Registration in the case of registration of a share in the right of common property, the application for state registration must be accompanied by the consent of other co-owners, drawn up in the state registration authority or notarized. This requirement creates difficulties in state registration of rights. But this requirement must comply with the provisions of the Civil Code (in accordance with clause 6 of article 131 of the Civil Code of the Russian Federation) on common property. The Civil Code of the Russian Federation established only one restriction on the exercise of powers to dispose of shares in law - the observance of the right of the remaining participants in common ownership to a pre-emptive purchase in the event of a paid alienation of a share (clause 2 of Art. 246, Art. 250). If the material norm does not provide for consent to alienate the share, then the procedural norm cannot grant any new rights to the rest of the co-owners to the detriment of the owner of the share. The need for the consent of the participants in common ownership to the state registration of a share is determined by the method of acquiring the right in accordance with the Civil Code.

The following cases of acquisition and registration of the right to share ownership are possible.
1. When shared ownership arises on the basis of contracts signed by all share owners (for example, the acquisition of real estate in shared ownership, the conclusion of an agreement on the establishment, change of shares), these agreements express the consent of all co-owners, therefore, to register their shares in the right to submit separate statements of consent, each of them is not required.
2. If a paid alienation agreement by one of the participants in a share in the right is notarized, then the notary must make sure that the right of pre-emptive purchase of the share is respected. Proof can be: statements from other co-owners to waive the right of pre-emption, certificates of a notary's office about the transfer of the seller's notice of the sale of a share to co-owners, if more than a month has passed from the moment of notification of all co-owners to the certification of the contract. If the right of pre-emption in the case of a paid alienation is observed, then notarized copies of such evidence can replace the consent of other co-owners and prevent the suspension of registration.
3. In the event that a share in the right arises on the basis of a compensated transaction concluded in a simple written form, written consent from the other co-owners must be attached to the application for state registration of the contract and the right. ... Consents on the part of citizens can be signed by them personally or by their representatives (preferably by a notarized power of attorney) directly at the institution of justice or notarized. In the absence of the consent of all co-owners, state registration is suspended for two months, about which the applicant and co-owners who have not expressed consent are notified within three days. Taking into account the monthly period of state registration, the total period in this case can be three months. This is the time provided to the co-owners for filing in court the requirements for transferring the rights and obligations under the share alienation agreement (clause 3 of article 250 of the Civil Code of the Russian Federation).
4. If a share in a right is sold to another participant in shared ownership, then the consent of the rest is also not required. , since the right of pre-emptive purchase is observed when the share is sold to an outsider.
5. In the case of alienation of a share in a right on the basis of a gratuitous transaction, the consent of the other co-owners is also not required, since the right of pre-emption must be observed only for a compensated transaction ... The right arises in this case on the basis of an agreement concluded in accordance with the Civil Code, additional requirements for the conclusion of an agreement cannot be established by the Law on State Registration. But since the donation of a share in ownership, for example in a communal apartment, is often a hidden sale of a room, i.e. a sham transaction, the state registrar has the right to require the consent of the remaining co-owners in accordance with Art. 24 of the Law.

7. It is also not required to attach the consent of other co-owners when registering on the basis of a notarial certificate of the right to inheritance. Such a certificate is a document confirming an indisputable right and is indicated as one of the grounds for registering a right in Art. 17 of the Law on State Registration. The same can be said about the certificate for a share in the common property of the spouses, issued in accordance with Art. 75 of the Fundamentals of the legislation of the Russian Federation on the order of notaries.

8. Consent is not required from the rest of the participants in shared ownership when registering a share in a right on the basis of a court decision. In the absence of such consent, but in the presence of judgment the registrar does not have the right to refuse state registration of the right established in the course of court proceedings (Article 28 of the Law on State Registration).

Thus, any of the shared owners can apply, independently of the other co-owners, with an application to register their share in the right on the basis of:
- an agreement on the acquisition of a share free of charge;
- certificates of the right to inherit by law, will, issued by a notary;
- certificates of the right to a share in the common property of the spouses, issued by a notary;
- a court decision on the recognition of a share in ownership;
- an agreement for the acquisition of a share from another participant in common property.

Obligation of state registration

State registration as a law enforcement activity is inherent in the principle of dispositiveness arising from general principle civil law- autonomy of the will of participants in civil turnover in establishing their rights and obligations. Dispositiveness (or the declarative nature of the state registration process) is reflected in clause 3 of Art. 131 of the Civil Code of the Russian Federation, according to which the certification of the registration is made at the request of the copyright holder. Article 16 of the Law on State Registration also places the rightholder's application at the beginning of the registration process. Obligation of state registration, established by clause 1 of Art. 131 of the Civil Code of the Russian Federation and Art. 4 of the Law on State Registration, means that the absence of such entails non-recognition of the right to real estate, as well as the nullity of a real estate transaction (clause 1 of article 165 of the Civil Code of the Russian Federation). But it depends only on the rightholder of the real estate whether he will require registration of the arisen right or will remain a titleless owner, since the main beginning of civil legislation is the acquisition of civil rights by persons of their own free will and in their interest (clause 2 of article 1 of the Civil Code of the Russian Federation). The stability of real estate turnover is ensured by the provisions of the legislation that before the registration of the transfer of rights, the relationship of sellers and buyers with third parties does not change (clause 2 of article 551 of the Civil Code of the Russian Federation). The legislation does not provide for any special sanctions from the state for the lack of registration of rights and transactions, copyright holders and participants in the transaction must independently perform the necessary actions for state registration to protect and recognize their rights to real estate or compensate the other party for losses in case of evasion of registration ... It is impossible to recognize as an offense the absence of state registration of the right of the owner of real estate and bring him to administrative responsibility for this, for example, as provided for in Art. 6 "Responsibility for violation of the rules for accounting and registration of non-residential facilities" of the Law of the city of Moscow dated April 2, 1997 N 7 “On state control over accounting, registration and use of non-residential facilities in the city of Moscow”. You can refer to the position of the Plenum of the Supreme Arbitration Court, which noted that after the transfer of immovable property to the buyer, but before the state registration of the transfer of ownership, the right of ownership remains with the seller, and the buyer is the legal owner of the property (Resolution of the Plenum of the Supreme Arbitration Court of February 25, 1998 No. 8, paragraph 14).

The declarative nature of state registration as a law enforcement procedure in no way contradicts the imperative nature of state registration as a material norm of civil law. Unlike the notarial form of the contract, the parties do not have the right to establish state registration by their agreement, as well as cancel it. If the agreement is subject to state registration, then it is considered concluded from the moment of registration, and if not, then from the moment of reaching an agreement on all essential conditions in the form established by law or agreement (Articles 432, 433, 434 of the Civil Code of the Russian Federation). So, the contract for the sale of residential premises is considered concluded from the moment of state registration of the transaction (clause 2 of Art.558 of the Civil Code of the Russian Federation), and the purchase and sale of non-residential real estate - from the moment of signing the contract by the parties (or notarization, if the parties decide to clothe the transaction in qualified form). In accordance with paragraph 1 of Art. 20 taking into account clause 1 of Art. 2 Federal law registration of rights and transactions that are not subject to registration in accordance with the law should be refused. For example, registration of contracts for the lease of residential premises, contracts for the sale and purchase of non-residential real estate should be refused, since these contracts are considered concluded, and the rights of obligation based on them are considered to have arisen without an act of state registration.

In accordance with the general rules of the Civil Code of the Russian Federation on the compulsory state registration of rights and transactions, the Law on State Registration specifies the cases of the need for registration. According to him The following rights are subject to compulsory registration: a) to immovable property, the documents of title to which were drawn up after January 31, 1998 (clause 2 of article 4); b) previously arisen rights before the registration of the transaction or other restriction (encumbrance) of the right (clause 2 of article 6 and clause 2 of article 13).

The second case is directly related to the topic of this article. If the right to real estate arose without an act of state registration, then the owner has the right to use and own the real estate. For example, a citizen who has inherited a dwelling or dacha can live in them without issuing certificates of the right to inheritance and without registering his rights with the institution of justice (however, in this case, he is deprived of evidence of the existence of his right). At the same time, he is also obliged to bear the costs associated with the implementation of property rights, pay utility bills and taxes, and repair housing. But if he, as an owner, decides to dispose of real estate (sell, exchange, donate, etc.), his right must be registered in the Unified State Register. Similarly, if a legal entity acquired the right to a building after reorganization by succession, it is entitled to exercise its powers of use and ownership, and is also obliged to pay the necessary fees and taxes. It should be noted that administrative and tax legislation does not link the obligations of owners with the registration of rights to real estate in accordance with civil law... Thus, the tax on property in the form of a building must be paid from the moment it is entered on the balance sheet, regardless of the reasons for the acquisition. But the organization will be able to exercise its powers to dispose of real estate (sale, lease or mortgage, etc.) only after state registration of the existing right.

Conclusion

Not all rights to real estate are subject to state registration, but only property rights that can be freely alienated in civil circulation. Obligatory rights to real estate are not registered, but arise on the basis of duly concluded contracts. If the agreement is subject to state registration, then it is registered as a transaction. From the moment of state registration of the transaction, the contract is recognized as concluded, and the obligation right based on it does not require additional registration.

The main feature of acquiring rights to real estate is the rule according to which the moment the right arises is associated with the moment of state registration of the right. But the list of exceptions given in this article confirms that for most of the grounds for acquiring property rights, the legislator has established a different moment of occurrence. The grounds and the moment of origin of the right determine the features of state registration. Only from the moment of state registration does the right to acquired and newly created real estate arise. In the case of acquiring rights to real estate on other grounds (inheritance, reorganization, privatization, etc.), the moment of emergence of the right is not associated with the act of state registration. But at the same time, registration of the arisen right is necessary for the owner to exercise the powers to dispose of real estate by concluding transactions. Thus, we can conclude that state registration is designed to ensure the legality of civil turnover and this is precisely its stabilizing value for the real estate market.

The following property rights to immovable property specified in clause 1 of Art. 131 and art. 216 CC: ownership; the right of economic management of property; the right of operational management of property; the right to life-long inheritable ownership of a land plot; the right to permanent (unlimited) use of the land plot; private easement. The system of real rights of domestic legislation is such that the type of real right is associated with the object and subject of law. For example, only the right of ownership, the right of life-long inheritable possession, the right of permanent (indefinite) use and easement can exist to land plots, and the right to life-long inheritable possession can only be held by individuals. The emergence of the right of economic management or operational management of a land plot is not provided for by legislation. From October 30, 2001 (from the date of the entry into force of the LC), land plots can be provided for permanent (unlimited) use only to state and municipal institutions, federal state enterprises, as well as to state and local authorities (Article 20 of the LC). According to Art. 21 of the LC, the right to life-long inherited ownership of a land plot acquired by a citizen before the entry into force of the LC is preserved. After October 30, 2001, land plots cannot be provided to citizens on this right, but the transfer of rights by inheritance is allowed. Commercial and non-profit organizations, except for state and municipal enterprises, as well as institutions financed by the owner, the owners of the property transferred to them as contributions (contributions) by their founders (participants, members), as well as property acquired by them on other grounds (clause 3 of article 213 of the Civil Code ). Rights other than property rights are called limited property rights. If it is necessary to preserve the right of state (municipal) ownership, property can be secured on the basis of the right of economic management or operational management, and land plots can be provided on the basis of the right of permanent (unlimited) use or life-long inherited possession. Any real estate that is in private, state or municipal ownership can be burdened with an easement. Thus, three real rights can simultaneously exist for one real estate object, for example, the right of state (municipal) property and the right of economic management, burdened with an easement. State and municipal enterprises do not own property on the basis of the right of ownership, but on the basis of the right of economic management. The owner of this property is Russian Federation, its subject (republic, territory, region, autonomous region, the cities of Moscow and St. Petersburg) or municipality... Under no circumstances can ownership of a state or municipal enterprise arise. Regardless of whether the enterprise built the object itself, whether it acquired real estate at the expense of net profit, the property will still be state (municipal) property under economic jurisdiction (clause 3 of article 213, clause 2 of article 299 of the Civil Code). The right of economic management in relation to real estate means that an enterprise can freely use, own it (Article 294 of the Civil Code), but can only dispose (sell, mortgage, lease) with the consent of the owner of the property, which is usually represented by the management bodies state or municipal property (clause 2 of article 295 of the Civil Code). However, if an enterprise was created specifically for the purpose of building and selling housing, garages, other real estate (this is established by the charter of the enterprise as a legal entity), then such transactions do not require the consent of the owner, since it is expressed in the charter approved by the founder of this enterprise. In a relationship land plots unitary enterprises can only have the right of permanent (perpetual) use that arose before October 30, 2001 (or transferred by way of succession during reorganization). This right does not allow the disposal of the site. Currently, land plots can be provided to state and municipal enterprises only on a lease basis. Institutions can be not only state or municipal (clinics, hospitals, schools, institutes, inspections, departments, etc.), but also private. The property belongs to the institution on the basis of the right of operational management. The institution is not entitled to alienate or otherwise dispose of the property assigned to it and property acquired at the expense of funds allocated to it according to the estimate by the owner (clause 1 of article 298 of the Civil Code). Land plots can be provided to state or municipal institutions on the basis of the right of permanent (unlimited) use. There is also a proprietary right to use the dwelling by the family members of the owner living in it (clause 1 of article 292 of the Civil Code). According to Art. 53 ZhK family members include not only spouses and children, parents, but also other relatives, disabled dependents. In exceptional cases, other persons living together and running a common household may also be recognized as family members. Currently, this right is not subject to state registration. The legislator provides for a different way to protect such rights, different from state registration. These rights are retained when the ownership of a residential premises is transferred to another owner (clause 2 of article 292 of the Civil Code), and the list of persons retaining the right to use a residential premises is an essential condition of contracts of sale and purchase and exchange of housing (clause 2 of article 558 GK). That is why a mandatory document for notarization or registration of transactions with residential premises are documents on registered (registered) persons - extracts from house books, certificates of passport offices. So, citizens can have the following property rights to real estate: ownership of real estate, including land plots; the right to life-long inheritable ownership of a land plot; the right to permanent (unlimited) use of the land plot; easement (for land and other real estate). Organizations ( legal entities) may have: the right of economic management of property (state and municipal enterprises); the right of operational management of property (institutions, state enterprises); the right to permanent (unlimited) use of the land plot; ownership of property and land (except for enterprises and institutions); easement (for land plots and other real estate).