CURRENT PROCEDURE OF LAND REGISTRATION AS AN ELEMENT OF LAND TITLING
Journal Title: «Приватне та публічне право» - Year 2017, Vol 2, Issue
Abstract
The article provides description of the system of state land registration and land titling that stresses the procedure of state land registration as the initial element towards the realization of the legally enshrined rights. The author analyzed the procedure of land registration that was significantly altered more than three years ago that first of all has manifested through the obligation to record the information about the registration in two separate registers on the way to the implementation of land titling. The first of these registers fixes the fact of land registration, while the other registers the right to land. Thus, attention is focused on the fact that an important procedure of land registration, requiring the generation of a cadastral number or having no number at all, is carried out by the State Land Cadaster and by recording in the State Land Cadaster stipulated by law information about the formation of land and generation of its cadastral number by opening the land Register on such land plot. Investigation of the current state of the issue of land registration makes it possible to assert the need for dual-layer registration areas where registration of “newly created” land occupies a separate lead. The relevance and importance of effective and transparent procedure of the registration process as far as land titling is concerned for the implementation of land and civil relations is also brought to a focus. Practical aspects of the need for land registration are formed. The author determined the regulatory framework that stipulates the legal aspects of registration of land having no cadastral number (the relevant provisions are stipulated by the Law of Ukraine “On State Land Cadaster”) and aspects concerning the registration of property rights (the relevant provisions are stipulated by the Law of Ukraine “On State Registration of Rights to Real Estate and Their Encumbrances “). The author also characterized regulations, according to which an effective procedure of land registration is carried out (as approved by the Cabinet of Ministers of Ukraine the Means of Keeping the State Land Cadaster) and the procedure of land titling (as approved by the Cabinet Ministers of Ukraine the Order of State Registration of Rights to Real Estate and Their Encumbrances). Particular attention is paid to the implementation of the pilot project for the online land registration that has been operating since the fall of 2016 in two oblasts of the country, but starting with the next year should work throughout Ukraine. The abovementioned remote land registration aims to create favorable conditions for those wishing to register land and resolve various subjective factors during registration, including the negative aspects of the currently existing procedure of registration of the property. On the basis of studies of relevant to the citizens of Ukraine issue of the current procedure of land registration the author described proposals to minimize the problematic components of registering “newly formed” land that will create an effective mechanism for the successful implementation of the procedure of acquisition by land the status of self-generated property in the transition to a new phase of land reforms in our country.
Authors and Affiliations
В. В. , Нежевело
Keywords
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