The dissertation is the first in the domestic science of civil law special complex research of civil law aspect of property rights registration. The study focuses on the specifics of the registration of subjective rights that have a property nature. It is proved that the current centralized registers have a common feature – they focus on the right of the subject to an object and the characteristics of such a right (the basis and manner of such occurrence, the scope of the right, and its relationship with the rights of others, type rights, and its restrictions / encumbrances), and not on the object of the law. The characteristics of the object of law in such registers are aimed at unequivocally and objectively defining the object in real life and distinguishing it from other objects, ie thus the objects of law acquire the characteristics of individuality and discreteness.
Based on the analysis of the practice of applying the provisions of current legislation in the field of registration of property rights, a tendency to reduce the share of the state component in the legal nature of registration in the current conditions of public administration. If at the initial stages of registration actions were carried out exclusively in the state register, by civil servants and under the control of public authorities, today there are changes in this approach: powers to register real estate rights were delegated to private notaries, restrictions on rights can be registered by private notaries, and the registration of the place of residence remained in the hands of the local self-government bodies. Thus, there is a transition from purely state registration to the concept of public registration, which provides for the decentralization of mechanisms for the formation of registers.
It is proved that the procedure of state registration provided by law in a wide range of public relations, always aims to certify certain facts, statuses or individual rights, but can perform certain independent functions. Among such functions it is offered to allocate the following: information and statistical (use of available data in the course of realization of functions of the state); managerial (method of state influence on the formation and development of public-law social relations; inventory-technical and individualization function (control over the technical condition of individual objects, their maximum number, etc .; giving the subject of registration a unique number that distinguishes it from similar subjects ), the function of determining the course of time (determining the beginning of the period or expiration of the term), protection (ensuring the stability of relations, prevention of offenses).
It is proved that the state registration as a legal structure has a dual legal nature, acting as an element of the actual composition in property relations, and a public procedure with the appropriate administrative and legal regime. In both areas, state registration performs the relevant functions: management, information and statistical, inventory and technical and the function of individualization in the public area; the function of determining the passage of time and the protection function of the private direction.
It is determined that the methodology of scientific research of registration of property rights in the civil law aspect should be based on the broadest possible interpretation of the concept of «property rights». Given the specifics of the objects of civil law (a wide range of such objects and their heterogeneity), the science of civil law needs to define global patterns and form broad generalizations to ensure the general nature of civil law in the future. It is argued that property rights should be understood as any civil rights concerning objects of economic importance, such as property rights, intellectual property rights, etc.
The study analyzes current trends in the implementation of centralized registration of civil rights in Ukraine and abroad. It is determined that the only centralized system of property rights registration today is the choice of most countries in the world. It was found that the system of guarantees and practical means of ensuring the stability of property relations has undergone significant evolution, and the most effective way to protect real property rights, in general, is the system of state registration of real property rights by state registration authorities. It is determined that the state registration of real rights to immovable property and their encumbrances – official recognition and confirmation by the state of the acquisition, change, or termination of real rights to immovable property, encumbrances of such rights by making appropriate entries in the State Register of Real Property Rights.
