I am recalling about the Roman praetors. A humane

I am recalling about the Roman praetors. A humane response from Rosreestr (Federal Register). A diary note.


I opened my email and found an email from the Rosreestr (Federal Register of the Russian Federation) (the email dated September 27, 2024, number 14-06529/24).

I am reading this reply letter, I pay tribute to the intelligence of the staff member who wrote this text, and I recall the Roman praetors (the praetorium ius (praetorian law), the legal precedents established by the praetores (praetors)).

Roman praetors entered the history of jurisprudence for their ability to interpret and develop legal norms. In short, they were capable to think flexibly.

Why did I like the answer I received from Rosreestr?

In this letter (reply) two legal actions are identified and separated (from each other):

(1) the state registration of termination of the right of shared ownership,

(2) the state registration of the object (part of the house, part of the premises of the house) for an individual (surname, first name, patronymic are not indicated in the answer – it was my former co-owner).

The Response says that "all participants in the common shared ownership should simultaneously apply for the implementation of state cadastral registration and state registration of rights to real estate objects formed as a result of the division."

But I did not apply for registration.

And since I did not submit the "relevant application and documents " to the "registration authority ", so such situation violates the requirements of part 1 of Article 41 of Law No. 218-ФЗ, in the case in question there were grounds for suspending the implementation of the stated registration actions. "

"In 2022, ... an internal audit was conducted."

So what?

So, : I "have the right to apply to the registration authority with an application for state cadastral registration and state registration of ownership of a real estate object."

I liked that answer. There is both a casuistry (the qualification of a lawyer) and a (quality of) humanity in it.

It's the evening now. And tomorrow morning I go to the registration authority, or to the Multifunctional center for the provision of state and municipal services, submit an application, and in one or two weeks my long-term "walking through the torments " ends.

But I don't need to be in too much of a hurry. I have to submit not only an application, but an application "with the necessary documents attached." That is, I cannot go to the registration authority or to the Multifunctional center for the provision of state and municipal services tomorrow morning, submit an application and in one or two weeks complete my long-term "walking through the torments."

I have to get the "necessary documents". Depending on my energy and luck, the process of obtaining the "necessary documents" can take from (about) a month to infinity.

If the application can be written (signed) by me and submitted personally (with my own hand), then the production of "necessary documents" and their assessment ("is everything correct in these documents?") - these processes are completely beyond my control. It may happen in different ways, but intuitively (taking into account my practical experience) I assume that it may take from a year to three-five years - to do everything.

I leave aside the issue of money (of financial expenses). It is important, but in this situation it is not the main issue.

“Well, there's no need to complicate things so much, my young friend!”  I tell myself. - It's not that complicated. All these actions are performed by hundreds and thousands of people. Well, they wait, and in the end they receive the necessary documents. It is better to get everything I need in five years than to write various statements for years (to High Authorities).

And if everything is so simple, and if there is no need to complicate it, then maybe the registration authority itself will request these documents, will get them at its disposal, and will register [them] (I'll prepare the my application – the application out of my personality).

No, not really! It won't work that way. It is the applicant who must receive the necessary documents and attach them to his application. Otherwise, the registration of rights will not be carried out.

Okay, I tell myself. It is better to take the path of real actions that lead to results. Even after five years, but still...

Stop! Wait! - I answer myself. I have not been to this object (building) for several years. What will I get? I don't even know! When I was the owner, I took care of the condition of the property, I made annual repairs, removed snow from the balcony-terrace, in general, regularly carried out the necessary actions to maintain the property in good condition. Won't I get a huge headache and huge expenses? The risk is great, great... This is even if I manage to get all the necessary documents.

And - to reconnect disconnected utilities? All this is probably - in principle - possible. But the cost, time, money...

And most importantly, the subject of civil law – he acts in his own interest. (This is a principle of Roman law).

What is the owner's interest? Either getting personal comfort, or getting income.

As the whole story that happened to me shows, I have the most realistic prospect of getting not comfort, but a headache, not income, but expenses.

Then why should I apply and make efforts to (re)register a (new) facility (object, building)?

I'm acting in my own interest. The Russian Federation has deprived me of my property rights, and I demand compensation on a legal and fair basis – the compensation for the property that belonged (in past) to me.

I feel a some humanity in the response I received, but this is the humanity of a person standing thousands of kilometers away from the current situation.

And I return to the Roman praetors. Anyway, all persons who received a law degree had to study Roman law.

Inspired by the example of the Roman praetors, I begin to reason without searching the Internet for the relevant Administrative Regulations.

From the Response received, it can be concluded that

(1) the state registration of the termination of the right of shared ownership was lawful,
and
(2) the state registration of the (new) object (the registration that took place) had to be suspended until moment when all interested persons, including myself, submit applications for registration simultaneously.

Inspired by the example of the Roman praetors, I continue to reason (without the appropriate Administrative Regulations and without other regulations relevant to the situation).

What is the Register (Unified State Register of Real Estate)? It's a system of records.

Records of what? About real estate objects (apparently, cadastral numbers and other information are indicating in the Register). About owners and their rights. About rights transfers.

The very form (structure) of the Register, the tasks of maintaining the Register, the general provisions on the Register make the actions to make an entry on the state registration of the termination of the right of shared ownership (in the case under consideration) inconsistent with the current legal order (illegal). After all, it should be clear from the entries in the Register: to whom and what rights have been transferred (to the object of real estate).

And in this situation, the Register does not indicate to whom and what rights have been transferred!

Figuratively speaking, I "just" "ended up overboard": I disappeared from the Register - as the owner - with all the property rights I previously had.

There is no "previous"-"new" owner.

There is no transfer of rights (which belonged in past to me).

There is no new right.

If the "previous" cadastral number has become invalid and no longer applies, then maybe the object of real estate that previously belonged to me is not in the Register?

There was an owner, there was a real estate object, there was ownership – in the past. And now? "If there is no person, there is no problem"?

It is clear to any employee of any legal department what the registration authority should do in case of ambiguity or illegality in the issue of transfer of rights. At the very least, he should make efforts to clarify the situation and eliminate (possible) violations of law. There are well-known algorithms for this. But I will refrain from clarifying, so as not to raise a new layer of legal problems: in (with) such turn I will deal with these issues until the age of one hundred and fifty.

(I also do not touch upon the issue of the notification by the registration authority of interested citizens about the changes made to the Register).

Thus, not only the registration that was actually carried out must to be suspended (as stated in the Response I received).

But an entry on the state registration of the termination of the right of shared ownership should not have been made - without (new) data about the rightholder (about previous and new owner) and his rights (about the transfer of rights) (after the changes).

Thanks to the Roman praetors. Thanks to the author of the Answer, a good answer: with elements of a humanity. This reply gives the injured person (that is, me) a hope.

I have a suspicion that the Roman praetors would have quickly figured out the situation, would have quickly determined which rights and whose rights had been violated, and would have protected the person concerned. Where are they, the steadfast Romans?


October 1, 2024, 23;40 (11:40 p.m.)


Translation from Russian into English: March 6, 2025 02:55
Владимир Владимирович Залесский “ Вспоминаю римских преторов. Гуманный ответ из Росреестра. Дневниковая заметка. ”.


{ 3578. Вспоминаю римских преторов. Гуманный ответ из Росреестра. Дневниковая заметка. – 1 октября 2024 г.
MMMDXLIX. I am recalling about the Roman praetors. A humane response from Rosreestr (Federal Register). A diary note. – October 1, 2024.

Vladimir Zalessky Internet-bibliotheca. Интернет-библиотека Владимира Залесского}