Letneva O. Mechanisms of state administration in the field of registration of real rights to real estate

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0419U003389

Applicant for

Specialization

  • 25.00.02 - Механізми державного управління

19-04-2019

Specialized Academic Board

Д 26.142.04

Interregional Academy of Personnel Management

Essay

The paper identified the stages of the evolution of normative-legal regulation of the functioning of the mechanisms of state administration in the field of registration of real rights to real estate in Ukraine. Thus, it has been proved that during the time period from 1991 to the present time, the legal regulation of the mechanisms of state administration in the field of registration of real property rights in Ukraine took place in six stages. The work substantiated that the mechanism of state administration in the field of registration of rights to real estate is a set of institutions, principles, methods, processes, interrelations, aimed at realizing the constitutional rights of citizens with the state's confirmation of the facts of acquiring, changing, termination of real rights to Real Estate. The author substantiated the development of a model of mechanisms of state administration in the field of registration of real rights to real estate in the system of administrative services, which consists of the following elements: 1) subjects of regulation of the domain of real property rights registration in the system of administrative services (state authorities), which due to certain mechanisms of public administration affect the subjects and objects of the market; 2) mechanisms of public administration; 3) the goals of implementing the mechanisms of public administration; 4) principles; 5) methods of realization of mechanisms of public administration; 6) tools; 7) measures of realization of mechanisms of public administration; 8) object of regulation; 9) subjects of regulation. In order to improve the modern mechanisms of public administration in the field of registration, including the registration of real rights to real estate, the following measures should be implemented. First, introduce a unified model of implementation of public administration mechanisms in the field of registration through a personal office of consumer services. Secondly, improvement of the legislation in the part of involving the state registrar during the verification of its activities and to provide for the possibility of providing them with explanations, documents and other evidence, and thirdly, to improve the mechanisms of interaction of the state registration of rights with law enforcement agencies, the form of which may be the transfer of materials inspections of the activity of state registrars to the prosecutor's office or the bodies of internal affairs, if during such inspections a criminal offense has been detected. Fourthly, minimizing offenses in the field of state registration of rights (counteraction to corruption). Further steps to minimize the occurrence of corruption risks in state registration of rights to real estate has become a movement of one of the major advanced and progressive areas - improving processes information unification activities of state and local governments, an indicator of what should be a continuous transition to electronic document to enable state authorities and local self-government receive reliable information from each other promptly in electronic you look at how to simplify the process of obtaining administrative services and remove the obligation of the user to collect certain documents on their own. In addition to the quality of such unification, in our opinion, should be considered a gradual transition to the single registry, which will merge as information on land (state land cadaster) and of property rights to them, and introduction from receiving administrative services "without leaving home", using electronic digital signatures and the transition to the concept of "e-government", ie communication with relevant public authorities through electronic communication online. At the same time, all these innovations should be accompanied by appropriate changes in the rulemaking section in the field of counteraction and prevention of corruption. Fifthly, the creation of conditions for the provision of quality administrative services in this area, ensuring their accessibility and convenience for citizens and legal entities. Key words: mechanisms of public management, real estate, property, notary, encumbrances, restrictions, state registration of real rights to real estate and their encumbrances, State register of real rights to real estate, state registrar of rights to real estate.

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