Modernization of the System of State Registration of Real Estate as a Factor in the Development of State-Legal Regulation of Entrepreneurial Activity in the Russian Federation

Abstract

Purpose. The purpose of the research is to study the essence of modernization of the Russian system of state registration of real estate in the context of digitalization, affecting the development of the economy, in general, and entrepreneurial activity, in particular. Methodology. The article presents an analysis of the legislation on state registration of immovable objects, first of all, the basic regulatory legal act - the Federal Law “On State Registration of Real Estate”, which entered into force on January 1, 2017, and scientific literature on the system of state registration of rights to real estate modern stage. The theoretical basis of the study was the work of legal scholars of a theoretical and scientific-practical nature Borisova (2019), Krasheninnikova (2010), Kleimenova (2009), Kirsanova (2017), Badulina (2017a, b), Starodumova (2017), Lazarenkova (2017). Used scientific papers on foreign legal experience in real estate registration Lazarevsky (2000), Eltsova (2012), Tserkovnikova (2012). Results. Based on the study, the principles and stages of state registration of rights to real estate in the Russian Federation are determined. It is indicated that the registration of real estate is carried out exclusively by the state. The inadmissibility of the delegation of state functions of registration of rights to immovable objects to commercial organizations is emphasized. The authors of the article emphasize that the modernization of the system of state registration of real estate is aimed at simplifying registration procedures by combining the Unified State Register of Rights to Real Estate and Transactions therewith and the State Real Estate Cadastre. Originality/value. In a scientific study, the problems of legal regulation and law enforcement practice in the field of state registration of property rights were identified and trends in the development of registration legislation were formulated taking into account best international practices.