Actual problems of state registration of rights to real estate

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Often, not only an ordinary person, but also a specialist working in this field cannot competently conduct a real estate purchase and sale transaction, since the current Russian legislation in the field of purchase and sale, as well as registration of rights to real estate, has many gaps, inaccuracies, and in general is unstructured, which creates many difficulties and discussions in the topic under consideration, which makes the topic of this article relevant for study. On the basis of general scientific methods, namely analysis, comparison, systematic and logical methods, as well as private scientific methods, including the method of comparative jurisprudence and the historical and legal method, analysis of law enforcement practice, judicial acts of higher instances, the problems of state registration of real estate transactions, verification of title documents for real estate by state registrars during this procedure, changes in the legislation on registration during its reform, identified the causes of these problems, foreign experience has been reviewed and proposals have been formulated to improve Russian legislation on real estate registration. As a result, the opinion was formed that problems in the application of law in general arise from legislative gaps resulting from the imperfection of the Russian system of state registration of rights to immovable property as a whole and the need for further improvement of laws in the field of state registration of real estate. The conclusions made in the article can be used by the legislator in the formation of a regulatory legal framework in the sphere of real estate turnover in the framework of the reform of property law in the Russian Federation. The article also discusses the issue of the concept of real estate in connection with the problems of state registration of rights to real estate, which is one of the foundations for the functioning of any economic system by entering information into the Unified State Register of Real Estate (EGRN). Conclusions are drawn on the issues discussed, taking into account the retrospective and modern practice in the conduct of cadastral work and registration of rights to real estate.


Real estate, real estate deals, state registration, public register, the law on the registration of real estate, civil code, real right, property right, legislation, legal regime of immovable property, unified state register of real estate

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IDR: 140297853   |   DOI: 10.52068/2304-9839_2023_60_1_39

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