Property as a right. In Ukraine, it still has no effective
protection against the encroachments of fraud and corruption .
The new president signed a new law designed to protect our apartments
homes and land from their attempts to steal. Independent Bureau for Investigative Journalism
"Svidomo" to analyze what is behind the good intention. After buying
Apartments documents sent to BTI - for registration. There's a few times saying,
"Come back tomorrow," and then said: "Your documents are lost." The only
documents confirming the purchase of an apartment! On land, executed in
Under the law, found another "owner". With public
act in their hands. And with the decision of the court - from the district center, the five regions of space,
where is the land. The company sold an apartment in a house that was being built.
Delivery was delayed and delayed, and then it turned out that money to continue
No building, and apartments in unfinished sold several times each.
These stories - from all parts of Ukraine. They are growing, grows with new techniques
crooks and new categories of victims. "There is political will in this direction.
So we do not cast spells on corruption, but actually it
fought, "- said" Svidomo "Justice Minister Oleksandr Lavrynovych. Four
the Deputy Chairman of the Party of Regions, fought for a law
according to which all rights to property, including land, should be recorded
Ministry of Justice. Four days after the victory of Viktor Yanukovych in the presidential
Election of chair Lavrynovych Deputy Speaker Parliament called on the MPs to press
click for this law. It should not have heard the future coalition partners - the Communists
and the Lytvyn Bloc. And from "Our Ukraine-People's Self-Defense," "for" votes
only two: Anatoly Matvienko, Alexander Cooper. But five-sixths of Deputies
Party of Regions and the Yulia Tymoshenko Bloc half said the law "yes." New
president, to deal with the appointment of members of the Authority, once signed
document. A Lavrinovic, reseeding in the chair Minister of Justice, announced the embodiment of
this law in life - his personal priority. A win from this are we? Well
forgotten past is still right for apartments, rooms, houses and land were recorded
voluntarily. Now it is necessary. Ownership, leasehold, right
control law development, security - everything must be made in special
registry, which will be conducted at the Ministry of Justice. From 2012 to make
it should be specially trained people - the state registrar. For
shoulders they have to be a law degree, and at least
two years as a lawyer. From the moment we have applied for registration
prior to issuance of the document we must pass a maximum of 14 working days. More
Law threatens the state registrar of criminal responsibility,
if they break the rules. "The State guarantees the authenticity of
registered rights "- proclaimed the new law. End of false
documents, bribed a notary, sellers of air? Perhaps rejoice
Still early. Especially if you know - before the adoption of this law in Ukraine
also provides for state registration of property rights,
including land. This law entered into force in 2004. And it also co-authored
a deputy from the Party of Regions - Vladimir Demekhin. Why does the law did not act?
To understand this, one must know that it was written. Minus Two: Foundation and
A register has been written the same thing that the new law. Plus two very
important things. The 2004 black and white pointed out: registration authority
responsible for the timeliness and reliability of rights. And if he made a mistake and registered
theft of the rights to an apartment, room, house or land, then let him pay. Law
provided for the creation of a special monetary fund. Of which would have been paid
compensation to the victims. Back in 2004 the law was drawn up very
ambitious goal. Registry, which would drift and wherever the information is saved
on owners of houses and land, also had to include all the information
of the earth. If you buy an apartment - who owns the land on which
is the entire building. If you buy the land - its limits, in which she
state, as it can be used, as well as possible. What is all this information
together into one place? The first is so convenient for all of us. For example,
you want to buy a house, and at one point getting all the information (on the inside
planning, the limits of the site, the plan of the city council of the territory:
and suddenly the future is - an industrial zone?). Want to sell some land?
You all in one place and died, and drew new maps of both sites,
and formalized property rights to them (again, answering the money for any
abuse). Consolidation of information and the rights and the land with houses,
and the status of these areas offers another great opportunity. In this
registry, and he had to be kept in electronic form with the maximum protection
information could be at the level of a computer program to set limits
that no bribe pereshibet. For example, local councils now give out
for construction of agricultural land. Or sell the banks of rivers and lakes.
Or privatizing parks and squares. Or sell the land, where the future is provided
road or bus station. If there had been formed by a single registry, such transactions
would have been impossible. District Council gave the agricultural land - and to register
Building on the right can not be! Supercomputer does not pass (as, for example,
Nobody can write off your money from your bank account, and if a write off
- The bank will respond with money). Silent sabotage Why does this law do not become a reality?
The problem is not money. And the idea of вЂ‹вЂ‹law, and money to photograph the entire
Ukrainian land, creation of a modern electronic register, and training
surveyors identified the World Bank. And it is photographed from the air 425
of 601 thousand square kilometers of land. Quality? Journalist "Svidomo"
and seen the photo of the Kiev district of Sofia. Each house -
at a glance. For example, the SBU building opposite the street. On the court, where
in 1991, burned the KGB documents and archives, declassification is stopped
the new head of the Service Khoroshkovskiy. And surveyors are taught. Last week
Kiev hosted the training for teachers leading schools. And in the beginning
months gave them modern equipment so that students knew how to use
laser tape measure or electronic total station with integrated satellite
receiver. And that's all dependent on power, not done. The Parliament of
Year after year fails the law of the land registry (which is the database
on the size, condition and ownership of land). Once again - in November
last year. Including the button "for" not pressed the current president. In general,
of the five parliamentary factions none voted in full. Government
and local councils still reluctant to deal, where land is whose. Even in Kiev
with its prices, there are many sites on which no one knows anything. Not
set the boundaries of green zones. In urban zoning is not carried out
territories, which aims to define: this is a two-story building
houses, it is - a high-rise buildings, it is - a business center, it is - for parks. But
land spreading of "his" people, con artists sell fictitious further apartment
and land documents, stored separately in the district and regional
centers, from time to time lost or burns. Year after year, this is sad
states responsible for the documentation of SLC. Moreover, its chairman
Oleg Kulinich, whose purpose speaker Volodymyr Lytvyn, the Parliament has achieved more
by Yulia Tymoshenko, stores and office under the new government. So what will
A new law, if not carried out the old, still the best? Who does not benefit? If
compare the two documents, you will find a distinction that ordinary people can and
miss. But that will not let an experienced officer. Act of 2004 gave
maintenance of the registry of owners, detailed plans of houses and land SLC.
The new law gave the right to register property owners to Ministry of Justice.
It is for this law two agencies fought a life and death in four
past governments. Came new head of the State Committee, came new
Ministers of Justice - and all war: give me this right. Why? One fact.
In fact, the register of real estate is from 2002
year established the Ministry of Justice Information Centre. Without the law, and in order ...
Alexander Lavrynovych. He signed it when I first received from Leonid
Kuchma's portfolio of Minister of Justice - after the withdrawal of the opposition. And Justice offers
all notaries and ICE to connect to the registry. And to pay money for it.
Most notaries and BTI agrees. In the end, it is the only
way to somehow try to learn, not whether the apartment is sold to other
people yesterday. But note: in 2002 was eight years old. What did this registry
people who are cheated when buying an apartment or land? How many of them
returned the money? What responsibility have suffered civil servants
have registered such a deal? "If you just write:" The responsibility
lies with the body of register "and create a fund to compensate
victims - then this is the protection of rights. And just to declare the law
"The State guarantees ... "- It does nothing," - said "Svidomo"
One of the developers of the first law, who agreed to talk on the conditions
anonymity. ... Plus, the political will "Svidomo" asked Alexander Lavrynovych:
- How do you achieve that information on the ownership really
be protected? That it does not burn and will not forge? - I can tell you
that we are working registers, which are protected - for example, the register of notaries public.
They are absolutely protected. - But how you resolve the problem, when reliable information
on the ground simply do not have? In many areas there is no data, where the land is whose. It must be
to measure, mark up the maps and to place a secure base. How it will do
Ministry of Justice, where not worked as a surveyor? - This will be a difficult area. I
I understand that there will be some difficulties, but there is a law and a political
will. - Maybe it was a mistake to abandon the law in 2004, when, and information
about the owners, and information about the property, and rules for its use were
together in one place? - In fact, so was not. SLC as far
by law, the Ministry of Justice - from the National Space Agency.
Everybody should do their job, then it may be the result. We do
must engage those who have title to the land one way or another.
Instead of an epilogue, a representative history of the excavated center of "My Land", which gathers
and disseminates information on best practices in regulation and enforcement
for real estate. In the British city of York local authority planning banned
a lady to make an arcuate protrusion in her house. Allowed only square.
The authorities decided that only this form will be in harmony with neighboring buildings.
The woman obeyed. Then it turned out that the neighbors were allowed to and did
protrusion in the form of an arc. City Council City had to pay the costs of reconstruction
protrusion in the household, women and even add ВЈ 250 for her trouble.