Country amnesty as the possible successful project
the success, at least local Is necessary. Country amnesty for this purpose a suitable task, since not really difficult, but in too time rather noticeable in series of today`s needs of people and the states.Feeding by breakfasts of future pleasures concerning next “simplification“, “simplification“ and “reduction in cost“ of registration of the property rights to real estate with hope was perceived by
at the beginning of amnesty and as the irritating phrase-mongering - today. Figures speak for themselves. For 3 years of country amnesty the property rights to 3 - 4% of the land plots from about 40 million falling under the simplified registration are registered. Approximately the same percent of the registered structures on these sites. That the picture did not look painfully, in the last messages for mass media officials summarized the registered sites with the considered houses, hozbloka, baths (more than 2,5 - 2,7 million turned out. objects), also divided them not into 70 - 90 million real estate objects (sites with structures), and into 15 million gardeners. It is clear, that at such “calculation“, the result of amnesty as a percentage turned out three times better, than is actually.Country amnesty needs to be carried out by
while millions of owners are living. It is clear, that the vast majority of gardeners, summer residents and owners of the land plots in villages - the elderly people who received sites in Soviet period. Almost each average Russian family has the land plot (142 million - the population, more than 40 million - the land plots at citizens). Annually in the Russian Federation 2,1 - 2,3 million people, and only about 160 thousand die (162,1 thousand - 2007, 165,8 thousand - 2006, 147,6 thousand - 2005) the land plots devolve. These sites could not be presented or sold to death of owners: on the majority of them there are no cadastral passports. It turns out that already many years approximately of 500 thousand sites annually are not made out in inheritance, creating on the future very heavy loading for judicial system. We believe (there are no published data for 2008 yet) that the special law in country amnesty simplifying transition of the right for real estate for successors (268 - Federal Law from 23. 11. 2007), could not affect quantity of the land plots passing as inheritance essentially. All necessary general norms were available also in the Civil code. In country amnesty only several offers of such level which were urged to simplify registration of the rights considerably. In particular it: cancellation of an obligatory land surveying, abolition of permissions for construction of individual houses, registration of country houses, etc. structures according to declarations, recognition as the title document of an extract from the pokhozyaystvenny book. Nothing worked as it was expected. The level of requirements for participation of citizens in country amnesty is not lowered so low that anyone could use it. If to apply sports analogy to high jumps, that 2 meters that one and a half - all the same 90% of the population not to clear this bar.
As country amnesty extends to the land plots which are already in use or property of citizens (till 2001) other level of courage in the legislation and other regulations is necessary.
Unfortunately, the most probable scenario of development of country amnesty that it will drag on for 20 - 40 years. For the next years nothing seriously foretells the essential growth of rates of registration. Actions - excuses“ will be offered new and old “. And there - new elections, the new government, and all at first. Nobody straightened out those who after cancellation of an obligatory land surveying still fight for price control to these works, and calls the prices of a land surveying the main reason for low rates of amnesty. For 3 - 4 “excuses“ are thought already up. For example, useless restriction of the prices of a land surveying is prolonged for 6 years. In 2 - 3 instead of 2 - x windows (The Federal Registration Service and Rosnedvizhimosti) there will be “one window“ of the Federal Registration Service.
Respectively instead of the notice in each department can expect the double notice at “one window“. In the specialized centers and divisions of the Federal Registration Service will put infomats, probably, for record in waiting list for reception of people who have no house of the computer with the Internet. There will be cadastral engineers who will carry out with small procedural features the same work that geodetic firms and BTI today. Will be called as required and other actions which it is possible to take for a ride, to both the population, and bosses, nothing is real without changing and quietly squeezing out money from those citizens whom neither terms, nor the exhausting technology of registration of the rights arrange.
is Installed by some optimism the Electronic Government program in which registration of the rights for real estate costs the first line in the list of state services which are planned to be carried out without visits of citizens to departments. However, the federal target program “Electronic Russia“ “is begun“ in 2002. 7 years later from started over again the concept of the program, t is considered. e. for these years practically nothing is made. Perhaps, the first 74 state services will appear with use of the Internet by 2012. However something prompts that “the electronic government“ can appear much later, or will be in that look that in reports, it seems, it also is, and nothing works at practice. In - the first, on a game huge corruption money which to officials suggest them to refuse efforts. Bees against honey. In - the second, the number of failure programs is estimated not in units, one has more, one has less.
For example, the “Creation of the Automated System of Maintaining the State Land Registry and the State Accounting of Real Estate Objects (2002 - 2008)“ Program in the total cost of 85,26 billion rubles originally by 2008, today within the gemmated subprogramme - by 2011 assumes 100% (!) statement of the land plots on the cadastral registration. Possibly, money is regularly spent. But who will believe that the cadastral registration of the land plots will be complete in 2 years? In - the third, an essence - in details. And today it is possible to submit the application for statement for the cadastral registration by mail.“ In total - navsy“ it is necessary: to certify the signature at the notary, to entrust Russian Post originals of documents, to be sure that documents will go to work, but not to the shelf or to a recycle bin. As the academician A. N. Krylov spoke if to fill up an orach in a mill, fondly to believe that at the exit there will be a wheat flour. Quality of today`s possible “filling“ of country amnesty does not allow to receive satisfactory result at the Internet - interaction of citizens and departments.
Several possible theses of a new problem definition of country amnesty.Country amnesty concerning more than 40 million land plots belonging to citizens has to be carried out by
- for 50 - 70% within 3 - 4 years. In reporting data uniform terminology has to be used: are not considered standing on the cadastral registration of 47 million land plots (77% of total of the land plots) which are on the account in the state register of lands if cadastral passports (extracts) were not issued for them since 2001 (see materials of “Government hour“ in the State Duma of September 18, 2009) . Otherwise we have “double-entry bookkeeping“: owners for some reason stand in queues, write applications in Rosnedvizhimost concerning “standing“, according to department, on the cadastral registration of the land plots.
the Structures located on sites do not enter the main reporting indicators of country amnesty. to
- Registration of the property rights is not to a lesser extent necessary to the state, than citizens.
Today`s role of citizens as applicants, in many respects at own expense paying registration and a re-registration of the rights, has to be replaced with a role of volunteer assistants.
Owners are interested in free civil circulation of real estate, for it can be agree to register real estate, to pay on it taxes. An opportunity to dispose of real estate, the property rights to which are had by law, but are not issued properly, is not incentive of registration of real estate. That citizens registered the rights not only for the forthcoming transaction, but also on the future, they have to spend on it a minimum of personal time and money. Privatization of apartments (in 18 years - apprx. 80%) with obvious economic interest and simpler procedure, than country amnesty, showed a ratio of complexity and the reached rates of registration. Necessary time of participation of citizens for all procedures of country amnesty has to be limited several hours.
- Country amnesty should not provide additional financing in excess of what it is already put in the accepted state programs of creation of system of the inventory of real estate and registration of the property rights.
due to simplification of registration of the rights the cost of the state and commercial services counting on one real estate object has to decrease.
the Planned transition from government institutions of the inventory and registration to self-sustaining autonomous establishments lies out of the reasonable temporary horizons of end of country amnesty in general. the System of motivation of heads of the top and average link has to be reoriented by
- from obtaining the negligible income in a monetary form - on receiving the state awards for honest and intense work on the cadastral registration and registration of the property rights. We do not see anything shameful that officials will receive a state award for unlimited quantity of the registered land plots as in Soviet period during harvests and milk yield. Today turns, the indistinct legislation and amateur performance on places feed officials. Not to turn out, select a bribe (this indispensable condition that the system of registration became technological) and to offer nothing in exchange.
For today`s rates of registration at the federal level and even them 2 - x - 3 - x the multiple growth of awards is not necessary. In system of the Federal Registration Service about 80 thousand employees work. According to the latest data, daily under country amnesty 8 - 9 thousand objects (about a half - sites), i.e. 1 site on the employee in 20 days are registered. Strictly according to Murphy, work takes all time allowed for it. the cadastral registration and registration can remotely be carried out by
- For living first owners of the so-called earlier considered land plots (possibly, it is not less than 70 - 80% of total). It is not necessary to provide identification of the personality at filing of applications in all instances, beginning from rural and regional administrations, archives, boards of non-profit partnerships, and finishing with Rosnedvizhimostyyu and the Federal Registration Service. If the owner, data on whom coincide with data on the owner of a site according to the register of lands or other bases, addresses for statement on the cadastral registration and registration of the right, the damage cannot be caused to the owner if its signature is not notarially witnessed or it will be not a digital signature. And reflected in the law on the inventory: any person can address with statement on the cadastral registration not of own site.
that the copy of the resolution on granting a site and the certificate on the property right was stored in State Committee on Land Resources and Development (today - in Rosnedvizhimosti`s department). What is established or controlled when from the applicant demand to provide the title or right supporting document? In our opinion, this excess requirement. The so-and-so such - with date of birth such - living there - the land plot belonging to him suggesting to register with such - characteristics, reports about himself and a site not repeating combination of data which is enough to be verified with data in the register of lands. If essential data coincide, it is possible to give out not only the cadastral passport, but also the certificate on the property right. Ideally, for earlier considered sites the citizen has to submit, mainly by mail or to the Internet, one integrated statement: about statement of a site on the cadastral registration and registration of the property right. Missing data: about a re-registration of gardening association in gardening noncommercial association, about today`s type of the allowed use of a site (instead of earlier used terms: “under a kitchen garden“, “for service of a house“, etc.) updating of the address of a site - all have to make within information exchange municipalities and federal structures independently. According to the program of creation of system of the inventory mentioned above this work had to be complete (!) in 2008. It is not made. By the way, if to oblige departments to provide independently each other the necessary information, information exchange is optimized automatically. Officials are ready to send citizens on instances indefinitely, each other - no since though treat different levels of the power, they live in one place, depend from each other, and will not be engaged in excessive self-criticism.How can direct the slow administrative car to
to the solution of a task of country amnesty?the coordinated work of all branches of the power Is necessary for
. Coordination of work can be carried out through, conditionally, - “Council on zemelno - to the property relations“ at the President or the Russian Prime Minister. Though country amnesty - part incomplete in 90 - e years of land reform, it is not necessary to try to solve a problem of higher level quickly. In country amnesty no global “revolutions“ are required, everything that here will well work, will not contradict new general approaches in zemelno - property questions. First task “Council...“ - development of the concept of country amnesty for the purpose of end in general the cadastral registration and registration of the land plots belonging to citizens within 3 - 4 years. The approaches, such speed which are not providing - are not accepted. If someone is ready to take the responsibility that all actions which are offered today are capable to finish country amnesty, well, at least in 7 - 10 years equal rates, let will raise a hand. The standard trick of state programs is that for the first years according to plan low rate of realization, and on the last - spasmodic growth which then does not happen is put.
needs to generalize regional experience of country amnesty. Naturally, not only by means of meetings or reports of the corresponding heads. It is necessary to get to the bottom of each “trifle“, one word in the law or the regulations can cost billions of rubles.
One of ways of receiving effective feedback with participants of country amnesty, first of all - with citizens. Everything that in country amnesty is bad, owners and experts will tell free of charge. The most burning issues are in materials of civil lawsuits. It is only necessary to structure communications through this resource so that problems did not grow dim to please to someone`s mercenary interests, and were clearly highlighted.
Having generalized experience of country amnesty, it is possible to make the working plan of settlement of unresolved or inconsistent questions. In total them at least several tens will be gained. Each of these questions, maybe, also does not create insuperable problems, but together form such environment in which country amnesty in reasonable time cannot be carried out. As one grain of sand does not create threat to the engine, so the sand handful breaks the mechanism. Not to be unfounded for an example we will give three vital unresolved questions.
- By an expert assessment, hundreds of thousands of land plots in gardening associations are obtained by members of SNT not to order of authority, and to the decision of board (general meeting) for the services (clearing of the wood, accounting, performance of work of the chairman, wiring, etc.) rendered for SNT, i.e. it is illegal. Whether there is a sense to apply to these sites in real value “amnesty“ or to leave everything as it is not to provoke extra legal behavior in the future?
We would suggest to apply similarity of acquisitive prescription, but not by a court decision, and according to simpler scheme, within innovations to the legislation on country amnesty. The term of use of the earth within 15 years it is possible to leave, and here the proof of conscientious use which often courts coordinate to payment of a land tax, it is possible to replace with payment of this tax for some term and the reference from non-profit partnership on use of a site. It is at the same time necessary to strengthen measures of responsibility for deliberate illegal granting the land plots and distortion of information about them (regarding strengthening of responsibility of officials the bill is developed by the Chairman of the Federation Council S. M. Mironov).
- the garden houses Registered according to declarations in case of death of the testator should be “passed“ repeatedly through BTI, to do technical and cadastral passports. At least, so occurs in the Moscow region. And for the sake of what all this repeated registration from scratch? - Really in order that the notary could take the tariff from the inventory cost of property?!
In spite of the fact that there is no technique of a mass assessment of the real estate objects registered according to declarations yet, other mechanism of an assessment of real estate has to be developed for the current requirements. Not to the detriment of interests of notaries (the inventory assessment gives the underestimated values), it is possible to oblige them to accept results of calculations of professional appraisers. In the market of an assessment such service will cost much cheaper, than technical and cadastral data sheets at the monopolist - BTI. Temporarily notaries can give for independent calculation the technique of estimation of cost of a structure consisting of one formula in which base will be: area of the object, material of walls, year of construction. Actually, other data will not appear also in a constant mass technique of an assessment, they are not in declarations. Anyway, if the successor does not wish to specify characteristics of a real estate object according to the available declaration of the testator, narrow departmental interests of notaries and BTI cannot force it to it to please. The idea of registration of structures on the basis of declarations should not be discredited. Moreover, we believe that in the same way in the future it is possible to register also individual houses. the Extract from the pokhozyaystvenny book is accepted by
- as the title document only concerning the land plots for maintaining personal subsidiary farm, so under the law. And where all other sites? The second: archives can be lost, borders of areas changed in what place it is not always clear to look for data, etc.
needs to be expanded significantly the list of documents on the land plot which can be accepted as title. It is expedient to grant the right to local governments to testify the fact of long use of the earth, both owners, and successors, and to accept such certificates as title. The local authorities have to have an opportunity to confirm that it really becomes in the subordinated territory, and to be responsible at the same time seriously for reliability of these data.
the Developed concept of country amnesty will demand bringing to society about new approaches in registration of the property rights. Commercially caused and in many respects to the doubtful advertizing of private and government institutions based on intimidation of owners (did not do a land surveying - wait for lawsuit, you do not stand on the cadastral registration - you will pay a penalty fee, did not register a structure - do not receive insurance compensation, you will not be able to dispose of property, etc.), it is necessary to oppose objective informing on country amnesty. Then business will go.
the will Shown by the power, persistence, courage and openness are quite capable to make country amnesty the successful project.