Email this article Protection of Public Interest in Registration of Rights to Real Estate
- Authors: Pushkina A.V.1
-
Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: No 8 (2025)
- Pages: 175-181
- Section: Scientific reports
- URL: https://bakhtiniada.ru/1026-9452/article/view/308078
- DOI: https://doi.org/10.31857/S1026945225080171
- ID: 308078
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Abstract
The article provides characteristics of some theoretical and practical problems related to state registration of real estate. When studying this issue, it is stated that registration of rights to real estate is necessary to protect not only private but also public interests. The causes of failures that occur during registration of rights to real estate are analyzed. The inconsistency of the concept of real estate in domestic legislation is considered as one of the reasons for such failures. It is noted that the lack of clarity in the interpretation of the range of objects classified as real estate at present leads to problems in law enforcement practice. On the one hand, objects are registered whose classification as real estate is controversial. On the other hand, the number of objects recognized as real estate regardless of their registration as such is growing. In particular, the practice on the issue of recognizing highways and enterprise equipment as real estate is inconsistent. A conclusion is made about the current impossibility of introducing a doctrinally impeccable concept of real estate into domestic legislation, and the need in this regard for a targeted adjustment of the legislation clarifying the legal regime of certain types of objects. This approach will increase legal certainty for participants in the turnover and protect public interests related to state registration of real estate.
About the authors
A. V. Pushkina
Institute of State and Law of the Russian Academy of Sciences
Author for correspondence.
Email: ann-pushkina@yandex.ru
10 Znamenka str., 119019 Moscow, Russia
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