Country amnesty: to prolong and forget
the bill prolonging “country amnesty“ till March 1, 2015 is introduced To the State Duma. It is correct: till March 1, 2010 not to be in time in any way and why to us an excess irritant of social discontent? And for six - that years and crisis will come to an end, and the people will be shaken. Probably. The question is in whether “amnesty“ is lawful?
Law № 93 - Federal Law “About modification...“ and further two tens more words, generally, “About country amnesty“ came into force on September 1, 2006. In the middle of May of this year the president of Russia Dmitry Medvedev noted that about 20 million Russians have garden sites and kitchen gardens, but only 2,5 million from them legalized the rights for property, and therefore he considers necessary to prolong terms of “country amnesty“.
On what the law stumbled, it is known. The main obstacle - statement on the cadastral registration for what it is necessary to carry out a land surveying of a site which cost with the announcement of “amnesty“ grew many times. On the eve of crisis price lists of commercial structures which carry out these works in the Moscow region began with 18 thousand rubles. This sum meant that the surveyor - the private trader will arrive to you when it “has time“. If it is required to carry out works during three - four months, then the price rose time in three. Works through land committee cost 4 - 5 thousand. rubles, but is on the staff one or two surveyors on the area. Thus, introduction of a ceiling price of a land surveying did not affect a real picture in any way, people, as before, preferred to use services of commercial structures. Falling of real estate prices for services in its “legalization“ was not reflected in the prices in any way. It would be strange: the person “got“ on the credit, wants to process documents more expensively to sell giving - what for the sake of to facilitate to it life?do not come to an end with
With a land surveying of a site of complexity. Garden houses and any hozpostroyka are registered according to the declaration completed by the owner. At the same time measurement and inventory of BTI can be not carried out, but the area of the house is surely specified in the declaration, and, in principle, it is possible to get the certificate on the state registration the driver`s license for the garden house, having specified any area. But at the introduction in inheritance or donation the inventory assessment of BTI or an independent assessment for the state tax will be required. If the area on measurement of BTI does not coincide with the area according to the declaration, then the house should be re-registered in Management of FRS on area. Or to appeal to court about recognition for the successor of the house with other area than, it is specified in the certificate on the state registration of the right addressed to the dead. The intrigue is that to pay BTI for “amnesty“ - departure of the technician and production of the registration certificate - also those who did not complete the house and did not reconstruct have to. Naturally, and in BTI there are urgent and not urgent departures. Urgent departure of departure 3 - 4 times more expensive according to the schedule, thus, the cost of technical data sheet of BTI pours out in the sum to 50 thousand rubles and above.Experts unambiguously advise
to dachevladelets to process documents as soon as possible. If means do not allow, it is necessary to get in line in land committee, to pay on tariffs and to wait when the turn reaches. The problem “to be in time“ in this case there will be “headache“ not only yours, but also a zemkoma. Really, at the beginning of March the head of the Federal Registration Service Sergey Vasilyev declared that “country amnesty“ for 2008 “gained steam“. If in 2007 within amnesty 700 thousand property rights were registered, then in 2008 it is given twice more - over 1,5 million documents. Extension of “country amnesty“ till March 1, 2015, removes a problem of “headache“.
But remains the same question: why “amnesty“ that who did not break laws? Or, to avoid charges of a distortion why even if the “simplified“ order of registration (actually - re-registrations) on own account that who neither on meter, nor did not change to a brick what was registered when receiving a site by it?
we Will remember stated purposes of “amnesty“ and its “most important task“.“ Amnesty“ is the simplified order of registration of the property rights to the land plots and registration of individual houses. It means creation of the uniform set of data on land and low real estate in the country and registration of the uniform property right according to the current legislation instead of former forms of the actual property: on right of lifetime inheritable possession, on the right of unlimited (continuous) use, and even on the right, “the type of which cannot be determined by the available documents“. A task as we see, state. Not only in sense of importance and grandness, but also in sense of the fact that it is barefaced fiscal. Who has to carry out it? Let`s consider several popular myths.
In - the first, the myth about a chaotic condition of former boundary documentation. Mapping of the country was actually complete in 1960 - x years. The description accompanied changes of borders of possession even in times when collective farms twice a year killed or cut off sites for maintaining personal subsidiary farm. It is unlikely by the beginning of 1980 - x in the country out of a zone of geodetic and space shooting there was at least one village or the gardening settlement. The possibility of calculation of coordinates of a site by means of cartographic materials was confirmed also by Andrey Ivakin, the deputy administrator of department of the property and land relations, economies of environmental management of MEDT. However, with the reservation:“ As the legislation does not open the choice of technologies, bodies of the cadastral registration can just specify it“. They also specified.
In - the second, the myth about indisputable advantages and need of standardization of the documents confirming the property rights. In Britain the owner of a site can show you the bill of sale or grant from XIX or even the 17th century. They considerably differ from modern documents of title. So what? In each law firm there are corresponding catalogs of samples. And even if the document will be absolutely ancient, it will lead not to accident for the owner, and to enthusiastic responses in the local press. Yes, unifikatorsky aspirations of bureaucracy are well-known, but the army principle:“ Better ugly, but it is monotonous“ it does not suit even for effective army.
It is doubtful that unification in general is achievable. Let`s tell if the earth is intended for personal subsidiary or gardening farm, with the property right to it everything is all right, and the applicant registers only the property right to the house, then drawing up the cadastral plan is not obligatory. The applicant can provide only the conclusion of board of country or gardening association that the house is in limits of the allocated site, or the same from local government (if association has no status of the legal person). In the latter case still it is possible to hope for approximately similar form, but at thousands of “Druzhb“ and “Suns“ of a form almost any. Where the guarantee that years through 10 power will not decide to unify also references from associations and will not be declared next “amnesty“?
B - the third, the myth that citizens are obliged to care for registration of the property right according to the last novelties of the legislation. Regular renewal of documentation at the expense of treasury - one of the main motors of reproduction of bureaucracy. But by what right for the aid to the bureaucrat the ordinary inhabitant “is harnessed“? Legislators and performers can change rules of the game though annually. Such “budgetary“ entertainments at them. The land owner has to learn about it in the last turn when he receives the registered mail the new certificate on the property right. Most of owners will attentively study it and will put in the safe or in the folder with documents and will leave the old certificate in the same place. Well, well, will send to the authorities the letter, say, examined and I confirm: a) site borders, appointment, restrictions are correct, b) and the devil knows structures on a site on height, architecture, material, distance to a fence still to what, corresponds to laws of the country, province, staff, county, voivodeship, ulus, a church community. Here to you a cross and if neighbors begin to knock“ - I will answer under the law.
Perhaps, only one of ten or twenty owners will notice that a fence nearly - nearly there, or something he attached not that. Yes, all the same the authorities learn, they eat state bread not with gift, and therefore, better somehow to resolve this issue in advance. In our case to address to department of the Federal Registration Service to point to the made mistake or silently to transfer an external fence far away from the wood. At last, to try to use country amnesty (without quotes here). The most ridiculous is the fact that today 9/10 cadastral violations concern not external, but adjacent (with neighbors) borders. And it is not enough joint statement on lack of claims: you though marry the neigbour, but are obliged to invite the land surveyor! Only one elimination of this unclear rule would make possible a settlement land surveying entirely, and many times would facilitate back-breaking toil of surveyors. At such approach “amnesty“ would pass almost imperceptibly for respectable citizens (as it and has to be), and would not put on half-country ears.
I, at last, about “most important task“. Yet scary words about “legalization of the immovable capital“ and “amnesty“ were not heard, and did not come to people to mind that they make something criminal, selling and buying sites. And, as it is possible to notice, managed to build on them many houses. Before declaration of the Affordable housing national project. The state once again declared amnesty not to citizens, and itself. And as always at the expense of citizens. If it is impossible to get rid of these courtings, then, maybe, there is a hope to give them the decent form?
Hardly. The cost of services, say, of the surveyor, consists not so much of works on the district how many from other articles which are almost not depending on site size. According to the regional law, “the land surveyor is obliged to perform the following work for the customer: to collect information on the land plot which is contained in the state land registry, the state town-planning inventory, the state fund of data, geodetic, cartographical and other (connected with use, protection and redistribution of lands) documentation“.
Pay attention to quantity and the status of instances in which the land surveyor has to collect information on the land plot. It would seem why these references to the private land surveyor? In an amicable way, he has to measure and draw what is and to transfer to the Federal Registration Service. There, directly “from state office in state office“, references from inventories, funds, nature protection bodies, etc. have to arrive. If data of the land surveyor correspond to all this, then the property right is registered. Today citizens, in fact, pay bumagooborot public institutions through the private intermediary.by
Here, apparently, how perfected the car of capital bureaucracy, but found “internal reserves“. The other day the chief architect of Moscow Alexander Kuzmin reported that the Committee on architecture and town planning refused practice of paid coordination of documentation submitted by investors. The architect recognized that he, appears, about 25% of coordination are “coordination of various subordinated organizations with each other“, and now “from - for reductions of coordination only in the field of architecture and construction without work there can be about 300 people“ and they should be employed somehow. What`s the problem? Sat down to write letters to dachevladelets.three categories of citizens were defined by
Today. One pay expedited procedure or address the companies rendering intermediary services - notarial, legal, realtor. Others storm territorial departments of the Federal Registration Service, the third that is called “do not take a steam bath“. It is possible to carry to the same group conditionally and those for whom and 450 rubles for registration of a hundred part on state quotations - the sum too big.
based on experience of the previous reforms (and “country amnesty“ it nothing else as reform though officials for obvious reasons abstain from the use of this word), it is possible to assume that in process of a probuksovyvaniye of “amnesty“ in the country and regions new eases will be accepted. Under the famous laws efficiency of new measures (including current extension of “amnesty“) will decrease in a progression. But also indignations of those who managed to pay everything wholly will not cause new privileges and eases: such losses are perceived as one more form of a payment for “urgency of execution“ long ago.
Take your time to execute the order... There will be a Set Aside! team. Or will not be. It is obvious that in addition to “gingerbread“ it is necessary to expect also “whip“. First of all that who really needs amnesty. Law № 93 - Federal Law allowed to register the property right to the land plot on the actual specified area. Today`s conditions sparing:“ self-capture“ should not exceed the minimum size, the corresponding appointment established for sites. These sizes in each region the. For example, in the Rostov region the maximum increase in a garden site can be no more than 3 hundred parts, country - no more than 5, and under IZhS - it is no more than 4 hundred parts. In Moscow area on the seasonal dacha 6 excess hundred parts, and here for sites under IZhS in each area the norm, as a rule, from only one to three hundred parts have to “forgive“. Until it is provided and the possibility of repayment of other “self-capture“ is, however, registered it quite vaguely. Officials hint that to proceed this privilege not forever: eventually, at those who will not use “amnesty“ will cut “on live“. They will be.