What is forbidden
According to the explanatory note to the amendments posted on the website disclosure, the restriction on third-party access to information about property of citizens dictated by the fact that such information can be used “in criminal or discreditable to».
Now the information from the Single State Register of rights to immovable property and transactions with it are public and are available on request of any person. Extract from the register contains a description of the property, its exact address, burden on him, as well as information about the owner indicating their personal data.
The amendments limit the circle of persons who have the right to know the information about the owners of real estate, in fact it owners or their representatives, those who have this property is pledged, and government agencies. The rest will be able to get this information only for the power of attorney from the owner.
According to the FSB, it is difficult to find individuals for which measures were taken to protect the public, and will deter “negative trends”, where citizens do without government aid turning over information about the owners of property to private companies that have reliable current information, “thus replacing the function of state bodies».
A similar restriction Office proposes to extend to the information from the register of aircraft and ship registers.
Who scramble
This initiative could hamper access to information about the real owners of the property, “such as corrupt officials,” says Director of the fight against corruption Roman Rubanov. He connects with her appearance revealed recently at the former head of the Federal Security Service Nikolai Patrushev estate in Serebryany Bor worth about 1.1 billion rubles.
Those who wish to remain anonymous on the issue of ownership of property, previously made out objects on offshore companies but now for some of them it is impossible to regard with deofshorizatsiey and sanctions of the West, says partner Paragon Advice Group Alexander Zakharov. Amendments FSB maintain the confidentiality of such information, which may be a public outcry.
«Such information may compromise only in the case of illegal or non-declaration of ownership of real estate property. It turns out that the authors of the bill are willing to hide these facts. It is on the hands of those officials who are not willing to show their income. The fight against corruption on the contrary “, – says the lawyer MCA” protection “Alex Kashira.
This is not the first attempt to limit access to information, the disclosure of which damages the reputation of the authorities. In 2013, after the publication of Boris Nemtsov data on tax arrears deputies of the Yaroslavl City Council, the State Duma and a number of senior government officials access to information through a service “Learn about your indebtedness” on the site was limited to the Federal Tax Service. Now, to get information about debt, you need to obtain a registration card in the inspectorate, which will specify the username and password.
problems for owners
«I do not want to think that the real reason for the bill is aiding corruption and fraud, concealment of real owners. But, in fact, it is similar to return to the Middle Ages “- says senior partner of law firm” Yurlov and Partners “Vladislav Tsepkov. According to him, the closing statement from the registry will lead to unnecessary braking the entire economic turnover of real estate.
The partner of the law office “Dmitry Matveev and partners,” Yuri Pospeev lists the cases where no information about the owners of the real estate register will not do ” The simplest example: Bay apartments. For the presentation of the relevant requirements must install the landlord, where flowed. The data are taken from an extract from the Unified State Register ».
USRR contains information not only about the owner of the property to date, but also the entire history of the transfer of rights to the property, including information about the previous owner. “It turns out that to reclaim the information about the property will need to obtain the consent of all the previous owners” – surprised Kashira from MCA “Protection».
This data is used in any disputes concerning real estate. “Example: we want to collect the debt, but there is no money from the defendant. But we know that he has a room. Knowing the address space, can take an extract from the Unified State Register and provide the court with evidence that the defendant has property which may be seized, and in the case meet the requirements levied “- says Pospeev.
For information may require the minority shareholder to check how the company manages its real estate. Or to challenge the unlawful demands of the tax authorities in the calculation of property tax (need to confirm the date of occurrence or the loss of property rights). Or to confirm the presence or absence of encumbrances in favor of third parties (for monitoring the purity of the transaction).
«The effects of the adoption of this bill is easy to imagine. Imagine your apartment filled, and to establish a villain who has to pay for repairs, you have to pester, to search for the district … Sometimes impossible. So who will be the defendant in the vindication suit (when disputing a transaction involving the transfer of rights to immovable property), will not be able to find out at all “, – complains Pospeev.
« But most importantly, that the closure of the register returns us 90 years, will make it possible fraud with real estate and raider attacks – while the former owner does not know who owns his estate at the moment, he can not sue the fraudster “- fears Tsepkov.
Supporters privacy
In spite of these arguments, the amendment of the FSB are ready to support the government and the State Duma. “The information about the objects of real estate in its entirety will be able to receive their respective owners and get their proxies, including in transactions with real estate. Thus, the bill does not preclude verification of a bona fide purchaser of real estate information, “- said the representative of the Ministry of Economic Development RBC.
The question of the security of property owners have long been raised and discussed in the Duma Committee on Property, RBC said its chairman Sergey Gavrilov. The Committee agrees that the personal data of property owners should not be accessible to the public, but, in addition to the competent authorities, can also be provided at the request of non-governmental organizations, the media and at the signing of the obligation to disclose such information, said Gavrilov. “We believe the initiative contains a grain of truth in the case of making ready to refine and support it”, – the deputy said.
The problem of protecting property owners there, it needs to be solved, said RBC Chairman of the Duma Committee on Legislation Pavel Krasheninnikov (in the event of a draft law is likely to go through his committee). Directly initiative FSB Krasheninnikov not familiar with it, it was not discussed.
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