Tamazyan S.K. The problems with appeals against property and property transaction state registration acts

Abstract: The legislation at large permits filing appeals against action, or inaction by the registration bodies: the refusal of state registration of property rights and property transactions, avoiding, or stalling the said registration. However, nothing is said about appeals against already performed state registration acts and supporting documentation. This issue, combined with an incorrect approach to understanding the nature of state registration of property rights lowers the efficiency of judicial protection in disputing of registered rights. The analysis conducted in this article permits to reach a conclusion that the issues of appeals against action and inaction of registration bodies is solvable within general means of legal defense. It is well-known that the interested party is free to choose a particular method of defense that is needs to be used in their particular scenario, taking into account its Civil Law characteristic. In the event that such a dispute arises, the court is not in authority to reach a decision on validity or invalidity of the property rights registration act before the dispute is solved, because this may affect the rights and interests of a third party. At the same time, court protection may be employed with the procedure of submitting a claim for the invalidation of a federal organ’s property registration act on the grounds of legal deviance. In this case, the claim for invalidation may be submitted in cases when there is no property rights dispute, and the registered right needs to be invalidated due to factual errors on behalf of the registration body, and in similar cases. Thus, this clearly is a dispute emanating from public – not private legal relations.

Keywords: