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The document ceased to be valid since January 27, 2016 according to the Order of the Ministry of Justice of the Russian Federation of January 27, 2016 No. 16

ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of March 25, 2003 No. 70

About approval of Methodical recommendations of procedure for state registration of the right of common property to real estate

(as amended on 19-01-2005)

According to article 10 of the Federal Law of July 21, 1997 N122-FZ "About State Registration of the Rights to Real Estate and Transactions with It", Item 2 of the Order of the Government of the Russian Federation of February 18, 1998 N219 "About Approval of Rules of Maintaining the Unified State Register of Rights on Real Estate and Transactions with It", item 4 of Section 6 of the Federal program of step-by-step development of system of the state registration of the rights to real estate and transactions with it approved by the Order of the Government of the Russian Federation of April 9, 2001 N273 "About Approval of the Federal Program of Step-by-step Development of System of State Registration of the Rights to Real Estate and Transactions with It" I order

Approve Methodical recommendations of procedure for state registration of the right of common property to real estate.

Minister

Yu. Ya. Chaika

Approved the Ministry of Justice of the Russian Federation of March 25, 2003 No. 70

Methodical recommendations of procedure for state registration of the right of common property to real estate

Methodical recommendations of procedure for state registration of the right of common property to real estate (daleerekomendation) N122-FZ "About State Registration of the Rights to Real Estate and Transactions with It" * (1) (further - the Law), the Order of the Government of the Russian Federation of February 18, 1998 N219 "About Approval of Rules of Maintaining the Unified State Register of Rights on Real Estate and Transactions with It" * are developed on the basis and according to the Federal Law of July 21, 1997 (2), the Federal program of step-by-step development of system of the state registration of the rights to real estate and transactions with it approved by the Order of the Government of the Russian Federation of April 9, 2001 N273 "About Approval of the Federal Program of Step-by-step Development of System of State Registration of the Rights to Real Estate and Transactions with It" * (3).

These Recommendations are submitted on rendering the practical help by Federal registration Service and territorial authorities of Federal registration Service (further - the bodies performing state registration of the rights) when implementing of state registration of the right of common property by them on real estate units.

In these Recommendations the questions concerning features of carrying out by the bodies performing state registration of the rights, state registration of the right of common equity and common joint property to real estate including share in the right (transition of share in the right) of common ownership to real estate are considered.

In these Recommendations the questions which found reflection in other acts of the Ministry of Justice of the Russian Federation, including in Methodical recommendations about procedure for carrying out state registration of the rights to real estate and the transactions with it approved by the Order of the Ministry of Justice of the Russian Federation of July 1, 2002 N184 "About Approval of Methodical Recommendations about Procedure for Carrying Out State Registration of the Rights to Real Estate and Transactions with It" * are not considered (4).

I. General provisions

1. State registration of the right of common property to real estate units is carried out by the bodies performing state registration of the rights, according to the procedure, established by the Law, Rules of maintaining the Unified State Register of Rights on real estate and transactions with it approved by the Order of the Government of the Russian Federation of February 18, 1998 N219 (further - Rules of maintaining EGRP), other regulatory legal acts of the Russian Federation adopted according to the Law.

2. Based on Article 244 of the Civil code of the Russian Federation * (5) (further - the Code) the property which is in property of two or several persons belongs to them on the right of common property.

The property can be in common property with determination of share of each of participants in the property right (equity property) or without determination of such shares (joint property) (Item 2 of article 244 of the Code).

The common property on property is equity, except as specified, when the law provides formation of joint property on this property (Item 3 of article 244 of the Code).

According to the law the joint property arises:

at spouses - on the property acquired during scrap by total income of spouses regardless of that addressed to which of spouses it is acquired (article 256 of the Code, article 34 of the Family code of the Russian Federation * (6);

at members of peasant farm - on the parcel of land provided in property to peasant farm or acquired by it, plantings, economic and other constructions, meliorative and other constructions and other property acquired for economy on general means of his members if the contract between members of economy does not establish other (article 257 of the Code);

at members of gardening, gardening or country non-commercial consolidation of citizens - on the parcel of land provided for placement of gardening, gardening and country non-commercial consolidation on the parcels of land public, and also on the property public acquired or created by such consolidation at the expense of target fees (Item 2 of Article 4, item 4 of Article 14, Item 2 of article 28 of the Federal Law of April 15, 1998 N66-FZ "About Gardening, Gardening and Country Non-commercial Associations of Citizens" * (7);

in other cases provided by the law.

3. The right of common property to real estate is acquired by persons of law on the bases established by the legislation of the Russian Federation (for example, Articles 8, 218 Codes).

The right of common property to real estate (its origin, transition, the termination, restriction) is subject to state registration (article 131 of the Code) and arises from the moment of state registration if other is not established by the law (Item 2 of article 8 of the Code).

For example, according to the Code:

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