Deputies of the state Duma from “United Russia” was prepared and submitted to Parliament amendments to the legislation on registration of real property rights. In accordance with them is cancelled notarization of the sale of land shares.
At the end of last year to the Federal law “On state registration of rights to immovable property and transactions with it” was amended, according to which the sale of land share shall be subject to notarization. It was assumed that this measure will facilitate the sale of lands, and most importantly, will protect citizens from fraud, because before entering into the transaction the notary carried out legal examination. In addition, they had to provide guarantees of mutual settlements between the parties, which is especially important for market participants with large amounts of land shares. However, in practice it turned out that the problems many owners only increased.
It is primarily on those whose land is inexpensive. For those among the land owners in our country an absolute majority. Former farmers who received land share at the dissolution of the collective farms, rural teachers, doctors — they were all in a quandary. The fact that the size of the notary fee for certification of a transaction for the sale of one land share is now up to 15 thousand rubles. And before making changes to the legislation for state registration of a share in right of common ownership to land plots of agricultural land were paid only the state fee in the amount of 500 rubles. Now often it turns out that for the registration of the sale need to pay more than they receive for the earth itself.
— We offer to conclude contracts on the deal with the ground with the head of the agricultural enterprise, municipality, local bodies for 500 rubles. As it was before. The current provision of the law involves a contract at the notary, which is still needed to get, because notaries are mainly located in district centers. At the notary you have to pay a fee in the amount of 15 thousand rubles. In some regions this amount is much higher. All this creates inconvenience, — told “Izvestia” one of the authors of the bill — the Chairman of the state Duma Committee on agrarian issues Nikolai Pankov.
Deputies of the State Duma Sergei Neverov, Vladimir Vasiliev, Nikolai Pankov, Gennady Kulik, Svetlana Maksimova and a member of the Federation Council Gennady Gorbunov has developed amendments to the law, which is expected to eliminate redundant rule for notarization of transactions for the sale of land shares.
The explanatory note States that after last year’s amendments to the law on state registration is not made corresponding changes to the Civil code, in article “On turnover of agricultural lands”. Also the wording “the sale of land shares” used by legislators, inconsistent with the provisions of civil law, in which such transactions are referred to as “transaction of sale”. Thus, the rule that the sale of land shares to be notarized, is unreasonable and needs to be redressed.
In the current economic conditions, stated in the explanatory note, “the adoption of this bill will help to minimize the financial costs of citizens — owners of land shares and agricultural producers, as well as eliminate legal uncertainty”.
