The artificially created land. The state registration of rights to it.

       Among the many civil cases before the courts of general jurisdiction on petitions challenging the actions (inactions) of the Federal Service for State Registration, Cadastre and Cartography of the Republic of Tatarstan on the refusal of state registration of rights to land plots and houses, there are allocated the civil proceedings to invalidate Management solutions of FSSRCC of the RT about  refusal of state registration of ownership of land is artificially created.

       It should be noted that the current issues relating to the legal regime of artificial areas, reflected in the overall formation of the current legislation, in particular the Federal Law of 19.07.2011 N 246-FZ "On the artificial plots created on the water bodies under federal property, and on amendments to certain legislative acts of the Russian Federation (hereinafter - the Federal Law №246-FZ) Article 22.3 of the Federal Law of 21.07.1997 N 122-FZ "On State Registration of Rights to Real Estate and Transactions Therewith" (hereinafter - Registration Act) provisions of the Town Planning Code of the Russian Federation.

       In accordance with Part. 1 tbsp. 3 of the Federal Law №246-FZ artificial land is a building created in the water body, located in the federal property, or a portion thereof, or by alluvium deposition of soil or the use of other technologies, and recognized after it is put into operation and the land.

       According to Art. 22.3 of the Law on registration of ownership of an artificially created land registers on the basis of the decision to create artificial land and permission to enter the artificially created the land in the operation as well as an agreement on the creation of an artificial land if artificially created land right arises common share ownership.

       As part of the review of civil cases, courts have found that individuals treated with an application for state registration of title to the above object. As the title documents were presented: the decision to grant a water body; the letter of the Department of water resources in the Republic of Tatarstan, the Lower Volga Basin Water Department, submitted by the applicant as "permission to commissioning."

       During the examination of the legal state registrars were considered received by the FSSRCC of the RT answers to requests made to the Federal Agency for Water Resources (Rosvodresursy) and the Department of Water Resources of the Republic of Tatarstan of the Lower Volga Basin Water Department. From the contents of these responses was seen that "permission for the commissioning of artificial land seemed to be void due to non-compliance of said signature specimen signatures of the person, as well as the fact that since the entry into force of the Federal Law №246-FZ authority to issue permits for entry artificially created the land in the operation have not been implemented on any occasion. "

       Thus, the registration authority did not consider the submitted documents - documents, the grounds for state registration of ownership of an artificially created land provided st.22.3 Registration Act.

       Office of the FSSRCC of the RT, it was decided to refuse the state registration in connection with the submission of documents is not required in accordance with this federal law for state registration of rights.

       According to information of  press service of the FSSRCC of the RT.