Real estate transactions have practically stopped in Russia

This term has other meanings, see Transaction (meanings).

Deal

— actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations[1].

Thus, the transaction is characterized by the following features [ source not specified 3502 days

]:

• a transaction is always an act of will, that is, the actions of people
• this is a legal action.
• the transaction is specifically aimed at the emergence, termination or change of civil legal relations, thus the transaction is a legal fact.
• a transaction gives rise to civil legal relations (not only for its participants, but sometimes “transactions in favor of a third party”).

In the German doctrine, which at one time developed the doctrine of a transaction, a transaction is defined as a way to achieve legal consequences through the expression of private will within the limits permitted by law. This understanding of the transaction is set out in the GGU Motives. This concept expresses a compromise between the theory of private will and the theory of law. The first of these theories says that will and expression of will determine a transaction; without them, a transaction is impossible. The second theory argues that will and expression have no meaning until they are recognized by the legal order. Similar disputes are reflected in the works of Russian pre-revolutionary civilists.

To understand transactions, one more important point must be taken into account: transactions are intellectual in nature. We can agree that there is a deal, we can agree that there is no deal. This is what distinguishes it from, for example, actual actions. In addition, it is necessary to distinguish transactions from transaction-like actions. In relation to actual actions, the rules on transactions, in particular, on the consequences of invalidity, in relation to transaction-like actions, such rules are applied only partially.

Content

• 1 Conditions for the validity of the transaction 1.1 Legality of the contents of the transaction
• 1.2 Capacity of the parties to complete the transaction
• 1.3 Will and expression of the will of the transaction participant
• 1.4 Compliance with the transaction form

Conditions for the validity of the transaction[ | ]

Main article: Invalidity of a transaction

The conditions for the validity of a transaction follow from its definition as a legitimate legal action of subjects of civil law, generating the legal result that they sought. That is, in order to have the quality of reality, a transaction must not contradict the law.

This requirement is met if the following conditions are simultaneously met:

• Legality of the content of the transaction.
• The ability of the parties to complete the transaction.
• Correspondence of will and expression of will.
• Compliance with the form of the transaction.

Failure to comply with one of the listed conditions entails the invalidity of the transaction, unless otherwise provided by law.

Legality of the contents of the transaction[ | ]

The content of a transaction is understood as the totality of all the terms and conditions that constitute the transaction, giving rise to a certain legal result. Legality of content means compliance of the terms of the transaction with legal requirements. In terms of their content, transactions may differ from the dispositive norms established by law (recognized as transactions by analogy of law) or not be provided for by them at all (recognized as transactions by analogy of law), but in any case they should not contradict the fundamentals of legal order and morality and, in general, general principles and the meaning of civil legislation, the requirements of good faith, reasonableness and fairness.

A transaction that is contrary to the law is considered void.[2]

The ability of the parties to complete the transaction[ | ]

Subjects authorized to carry out a transaction are capable individuals and legal entities. The law recognizes one’s own expression of will as a necessary but sufficient condition for the conclusion of a transaction by individuals with limited or partial legal capacity, however, the will of such persons must be approved by a person authorized by law (parent, adoptive parent, trustee). Legal entities with general legal capacity can carry out any transactions not prohibited by law. Legal entities with special legal capacity can carry out transactions that are not prohibited by law, with the exception of those that contradict the purposes of their activities established by law. Certain types of transactions can be carried out by organizations only with a special permit (license).

However, the ability of a person to complete a transaction cannot be reduced only to the issue of his legal personality - it is broader and also lies in the legitimacy of the actions of the participant in the transaction, that is, it presupposes that he has the right to dispose of the property that is the subject of the transaction.

If a transaction is carried out on behalf of the state by a state body, then its ability to participate in the transaction means that it has the necessary competence for this, established by the acts defining the status of this body.

Will and expression of the will of the transaction participant[ | ]

The validity of the transaction presupposes the coincidence of the will and expression of the will of the participant. A discrepancy between a person’s actual desires, intentions and their external expression may serve as grounds for declaring a transaction invalid. It should be taken into account that until the court discovers the specified discrepancy, the presumption of coincidence of will and expression of will

.

The will must be formed freely. A person must have a clear understanding of the essence of the transaction or its individual elements and reflect actual desires and aspirations. Thus, it is necessary that there are no factors that distort this idea (misconception, deception), or create the appearance of internal will in its absence (threat, violence), otherwise there will be a so-called reproachful (defective) will, or a deal with a vice of will .

The expression of will must be expressed clearly and unambiguously and correspond to the will, that is, the transaction must not be made for show (feigned and imaginary transactions), but with the intention of generating certain legal consequences.

In common law countries (through the blue pencil doctrine), courts have the power to change the terms of a contract by eliminating unenforceable and invalid provisions and determining what terms the parties actually intended.

Compliance with the transaction form[ | ]

The transaction must be completed in the form prescribed by law and by agreement of the parties. Failure to comply with a simple written form entails the invalidity of the transaction only in cases specifically specified in the law. Failure to comply with the notarial form required by law, and in some cases with the requirements of the law on state registration of a transaction, entails its invalidity.

Concept and types of real estate transactions

Real estate as a commodity is an object of transactions that satisfies various, real or potential needs and has certain qualitative and quantitative characteristics.

Real estate is the most durable commodity

of all existing ones, ensuring the reliability of investments, since its value can increase over time under the influence of various factors. An important feature is that real estate goods are consumed at their location, which is why such an economic characteristic as territorial preferences arises. Other economic features of real estate are the unevenness of cash flows, differentiation of taxation, variety of combinations of property rights, strict regulation of transactions, liquidity and the need for management.

In market conditions, property management is a complex integrated system for meeting the needs for a specific type of real estate.

A transaction is the conscious actions of citizens and legal entities aimed at establishing, changing or terminating their rights and obligations (a legal fact that gives rise to the legal result that the parties to the transaction sought). The purpose of any transaction ~

acquisition of ownership or right to use property.

The transaction is considered valid if four conditions are met:

— legality of the content:

- legal capacity and legal capacity of individuals and legal entities who made the transaction;

— compliance with the will and expression of the parties to the transaction;

— compliance with the form of the transaction.

If at least one of these conditions is violated, the transaction is considered invalid, i.e. does not comply with the law and does not entail the desired legal consequences.

Invalid transactions may be:

1) voidable - transactions declared invalid by a court decision;

2) void - transactions are invalid from the very beginning of their execution:

- committed for a purpose that is obviously contrary to the foundations of law and order or morality;

- the expression of will does not correspond to the true will;

— the forms of the transaction and the requirements for its state registration were violated:

— the party to the transaction is incompetent, i.e. unable to understand the meaning of her actions;

— a legal entity’s transaction goes beyond its legal capacity.

The most widespread are real estate transactions made for show, without the intention of creating corresponding legal consequences (imaginary) or to cover up another transaction (feigned).

Real estate transactions are concluded only in writing, by concluding an agreement, which has two meanings:

- a legal fact that gives rise to rights and obligations;

- the legal relationship itself, the content of which is these rights and obligations.

The following types of transactions can be concluded with real estate objects:

A) with a change of owner: purchase and sale, exchange, donation, rent, privatization, sale of an enterprise;

B) with a partial or complete change in the composition of owners:

- privatization;

- nationalization;

— change in the composition of owners, including the division of property;

— contribution to the authorized capital;

— bankruptcy (liquidation) of business entities (with the satisfaction of creditors’ claims, including through the sale of property of the owners);

C) without change of owner:

— investing in real estate;

— real estate development (expansion, new construction, reconstruction);

-changes in the direction of use, brand name, legal address, etc.;

— management, operation;

- collateral;

— rent;

- transfer to economic management or operational management, for free use;

- regularly received income from owning real estate, which does not require the recipient to engage in entrepreneurial activity;

- rent;

— lifelong maintenance with dependents;

— transfer to trust management;

— introduction (removal) of easements and other encumbrances;

-insurance of various forms and various operations, including lending for real estate development.

All these operations in a market economy are carried out using market mechanisms, and therefore they constitute the real estate market.

Types of transactions[ | ]

In the scientific literature, the following classification grounds and corresponding types of transactions are distinguished:

• Depending on the number of parties: unilateral
  and
  multilateral
  transactions.
• Depending on the presence of a counter-representation: compensated
  and
  gratuitous
  transactions.
• Depending on the moment of entry into legal force: consensual
  and
  real
  transactions.
• According to the significance of the basis of a transaction for its validity: causal
  and
  abstract
  transactions.
• Depending on whether the transaction provides for an execution period: with an indication of the deadline
  and
  open-ended
  transactions.
• Based on the dependence of legal consequences on certain circumstances: conditional
  and
  unconditional
  transactions.
• According to the nature of the relationship between the participants: fiduciary
  and
  aleatory
  transactions.
• By form: verbal
  (oral) and
  literal
  (written) transactions.
• subordinate transactions (Kadiev T. A.)

Unilateral and multilateral transactions[ | ]

One-sided deal

- a transaction for which it is necessary and sufficient to express the will of one party. Such a transaction gives rise to rights and obligations, as a rule, only for the person who completed it; rights and obligations of third parties arise only in cases expressly provided for by law or agreement with these persons.

Among unilateral transactions there are:

a) Legal-generating transactions (will[Note 1], power of attorney); b) Legal-changing transactions (acceptance of a debt, fulfillment of an obligation) c) Legal-terminating transactions (set-off of a claim, waiver of a right)

Also, unilateral transactions are divided into those requiring perception and those not requiring perception of will. A transaction requiring perception comes into force only after it becomes known to the other party. Most unilateral transactions require the perception of will.

As a general rule, in a unilateral transaction, the will can be expressed by several persons at once (plurality of persons), unless the law provides otherwise (for example, a power of attorney can be issued on behalf of several persons, but a will can be drawn up by only one person). In such cases, several persons are considered as one party.

Multilateral deal

- a transaction, the completion of which requires the expression of the agreed will of two or more parties [3], that is, an agreement.

The will of the parties in a multilateral transaction must be aimed at a single legal result, that is, be reciprocal and coincident. The reciprocal nature of expressions of will is due to the mutually satisfied interests of the parties (for example, a property rental transaction can take place if one party wants to use the thing, and the other wants to rent it out). The coinciding nature of expressions of will means their mutual agreement and indicates that an agreement has been reached between the parties (for example, a transaction such as a supply agreement can be considered valid only if the parties agree on the name and quantity of the goods to be supplied). Thus, in terms of their scope, the concepts of “transactions” and “agreements” do not coincide.

Unilateral and multilateral transactions and agreements

Agreements, like transactions, are divided into unilateral and multilateral, but this division should be distinguished from the division of transactions of the same name. Agreements are classified depending on how many persons become obligated and acquire rights under the concluded agreement (for example, a gift agreement, from the point of view of distinguishing certain types of transactions, is a bilateral transaction, since its completion requires the expression of the will of both the donor and the donee. However, from the point of view of classification of contracts, this is a unilateral contract, since the rights and obligations under it arise only from the donee. The donor does not bear any rights and obligations under the completed contract).

Paid and gratuitous transactions[ | ]

Compensatory deal

- a transaction that involves the presence of a counter-representation, which can be expressed in the transfer of funds or other property, the performance of work, or the provision of a service.

Free deal

- a transaction the execution of which does not require counter representation.

The consideration or gratuitousness of a transaction is determined by its nature or agreement of the parties. As a general rule, any contract is assumed to be compensated, unless otherwise follows from the law, the essence and content of the contract. This means that even if the contract does not provide for payment, then in the absence of indications by law that the contract is gratuitous, a person has the right to demand payment for the performance of his duties. Unilateral transactions are always free of charge.

The amount of the fee (price) is determined by agreement of the parties. If the price is not established by the contract, then payment must be made at the price usually charged for similar goods, works, services under comparable circumstances[4].

Gratuitous transactions can be carried out without restrictions in relations between individuals. In relations involving legal entities, gratuitous transactions are possible only if this does not contradict the requirements of the law.

Consensual and real transactions[ | ]

Consensual transaction

(from the Latin consensus “agreement”) - a transaction, the rights and obligations under which arise from the moment the parties reach an agreement expressed in the required form, and a legal action is performed in pursuance of an already concluded transaction (for example, the transfer of premises during the execution of a lease agreement).

The real deal

(from the Latin res “thing”) - a transaction in which, in order for rights and obligations to arise, in addition to the agreement of the parties, another legal fact is necessary - the transfer of money or other things by one entity to another, or the commission of a certain action (for example, the transfer of property when concluding an agreement annuities).

Causal and abstract transactions[ | ]

Causal transaction

(from the Latin causa “foundation”) - a transaction, the execution of which is so connected with its basis that the validity of such a transaction depends on its presence. That is, the execution of the transaction must correspond to the legal purpose for which it is performed. For example, when concluding a purchase and sale agreement, the seller’s ability to satisfy the payment requirement is strictly dependent on his fulfillment of his obligation to transfer the property.

If it is proven that there is no basis in the transaction, then it must be declared invalid. For example, the borrower has the right to challenge the loan agreement on the basis of its lack of funds, proving that the money or things were not actually received by him from the lender or were received in a smaller quantity than specified in the agreement. By proving the non-receipt of money, the borrower disputes the very basis of the transaction, claims that it was initially absent completely or in the relevant part, therefore the transaction was not completed at all or in some part of it.

Most transactions are causal in nature.

Abstract deal

(from Latin abstrahere “to tear off, separate”) is a transaction, the validity of which does not depend on its basis.
These include, for example, a bill of exchange, a bank guarantee, a bill of lading - obligations, refusal to fulfill them citing the absence of a basis or invalidity is not allowed[5]. Thus, when paying by bill of exchange, one cannot refuse to pay for goods on the grounds that they were not delivered. According to current legislation, all transactions for the issuance and transfer of securities are classified as abstract transactions. Such transactions cannot be challenged on grounds
. The validity of abstract transactions and the inadmissibility of challenging their basis are possible only if their abstract nature is necessarily reflected and a corresponding prohibition is established in the law.

Urgent and open-ended transactions[ | ]

Urgent deal

assumes that it specifies one or both of the following:

1. Start of transaction execution.
2. Termination of transaction execution.

The period that the parties have determined as the moment when rights and obligations under the transaction arise is called suspensive

. For example, the parties to the transaction agreed that the rights and obligations under the purchase and sale transaction arise from the moment the money is received in the seller’s bank account and the seller transfers the goods to the buyer within three days from the moment of payment.

If a transaction comes into force immediately, and the parties have agreed on a period when the transaction must terminate, such a period is called cancelable

. For example, the parties to the transaction agreed that the lease of the property must be terminated by July 1.

It is possible to mention both suspensive and annullable periods in the contract. For example, in a summer lease agreement for a school building concluded in February, the lease begins on June 1 and ends on August 31. In this agreement, June 1 is a suspensive period, and August 31 is a cancelable period.

Futures transaction and conditional transaction

You should not confuse forward transactions and transactions made under conditions. The peculiarity of forward transactions is that the onset of the term is inevitable and must necessarily occur, while the occurrence of the circumstance on which the execution of a conditional transaction depends is probabilistic.

Perpetual deal

- a transaction that does not provide for a deadline for execution and does not contain conditions allowing to determine this period. Such a transaction must be executed within a reasonable time after its conclusion. Reasonableness is determined from the essence of a particular transaction.

In case of non-fulfillment within a reasonable time, as well as when the deadline for fulfillment is determined by the moment of demand, the debtor is obliged to fulfill the transaction within seven days from the date the creditor presents a demand for its execution, unless the obligation to perform within a different period follows from the law, business customs, or the essence of the obligation. or terms of the contract[6].

Conditional and unconditional transactions[ | ]

Conditional deal

- a transaction in which the occurrence of legal consequences is made dependent on circumstances regarding which it is unknown whether they will occur in the future or not.

A conditional transaction is characterized by the following features:

1. The condition refers to the future, that is, the circumstance specified in the transaction does not occur at the time of its completion.
2. The condition must be possible, that is, realistically feasible both legally and according to objective natural laws. For this reason, the circumstance chosen by the parties to the transaction as a condition should not contradict the law, the fundamentals of law and order and morality. For example, a transaction that includes, for example, a requirement to cause harm as a condition, is invalid.
3. The condition must not occur inevitably, that is, there must be uncertainty as to whether it will occur or not. For example, the expiration of a period, the arrival of a certain date, or the achievement of a certain age cannot be used as a condition.
4. A condition is an additional element of a transaction, that is, a transaction of this type can be concluded without such a condition.

Conditions may include:

• Events (for example, obtaining a high wheat yield, achieving agreed indicators with equipment).
• Actions of individuals and legal entities (for example, moving to a new place of residence, changing place of work). In this case, both the actions of the participants in the transaction themselves and the actions of third parties can be considered as a condition.

If one of the parties in bad faith prevents or facilitates the occurrence of a condition, then the condition is recognized as having occurred or not occurred, respectively [7]. The possibility of influencing the occurrence or prevention of an event will not entail the consequences described above if the influence was carried out by lawful, conscientious actions. For example, a citizen entered into a purchase and sale agreement for a residential building, according to which he became the owner of the house, provided that within three months the seller was able to find work in another city. Using his capabilities, he assisted the seller in finding a job. In this case, there is no dishonesty in the actions of the buyer, and his interest does not affect the occurrence of the event, therefore the event should be considered to have occurred without any restrictions.

A condition of a transaction may be suspensive or dispensable.

A transaction concluded under a suspensive
condition assumes
that the parties have made
the emergence
of rights and obligations dependent on a circumstance that is unknown whether it will occur or not[8]. For example, a transaction under which the seller undertakes to supply the buyer with an additional batch of grain upon receipt of a high wheat harvest. Such a transaction will be concluded under a suspensive condition, since the agreed condition (obtaining a high harvest) delays the entry into force of the transaction.

Deal with a suspensive condition and preliminary agreement

A transaction concluded under a suspensive condition must be distinguished from a preliminary agreement[9]. When a suspensive condition occurs, the transaction in which it is included, without any additional legal facts, gives rise to those rights and obligations, the occurrence of which was made dependent on the occurrence of the condition. When concluding a preliminary agreement, the rights and obligations of the parties arise only after the conclusion of the main agreement.

A transaction concluded under a
resolute condition
implies that the parties have made
the termination
of rights and obligations dependent on a condition in respect of which it is unknown whether it will occur or not[10]. For example, a deal under which, if a low wheat harvest is received (the occurrence of a cancellation condition), grain will not be supplied at all.

Unconditional deal

- a transaction in which the occurrence of legal consequences is not made dependent on any circumstances.

Fiduciary transactions[ | ]

Fiduciary transaction

(from Latin fiducia “trust”) - a transaction based on a special, personal trust relationship between the parties. The loss of this nature of the relationship makes it possible for either party to unilaterally refuse to execute the transaction. These include, for example, contracts for lifelong maintenance with dependents, assignments, and trust management of property.

Aleatory deal

(probably from English aleatoric[11] “random” < Latin aleatorius “gambling” < aleator “player” < alea “dice”) - a risky deal; transaction “for luck” (betting, lottery, some stock transactions). The execution of an aleatory agreement depends on circumstances unknown to the parties when concluding such an agreement.

Real estate transactions in Russia

Advice from lawyers:

1. We want to buy a private house in Russia, and the owner of the property is Ukrainian, the question is - the transaction is formalized in the same way as with a Russian citizen, will there be any additional taxes? What additional documents will be required for registration?

1.1. Good afternoon! If the property is registered in Russia, then no additional documents are required from you, and there are also no additional taxes.

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2. Is it possible to make transactions (donations) in Russia using a power of attorney made in Ukraine (mother, citizen of Ukraine)? How about registering real estate under this power of attorney? Is it possible to use this power of attorney to make a power of attorney for a lawyer in Russia?

2.1. A power of attorney made in Ukraine will be legitimate if there is a certified translation into Russian. On its basis, you can make a power of attorney to a lawyer if the power of attorney indicates the authority to delegate.

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3. I want to buy a house in the Kursk region. The owner of the house died. The nephew, as he claims, accepted the inheritance today, since he was given an “Extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the property.” He said that now in Russia they do not issue Certificates of ownership of houses and land. Is this true? Does the “Extract from the Register” give the right to complete a purchase and sale transaction? Sincerely, Ivanova L.V. Thank you.

3.1. Hello. Yes everything is correct. A certificate of ownership is currently not issued in the Russian Federation. After registering ownership, the owner is given an extract from the Unified State Register of Real Estate.

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3.2. Hello! Don’t worry about the fact that they are not currently issuing certificates of ownership; you have not been deceived. For help, you can contact the lawyer of your choice on the website. All the best!

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4. I am selling a private house with a plot of land in Russia. The buyer is not a resident, a citizen of another country. Can I issue a power of attorney for my daughter, who is a non-resident and lives in Kazakhstan, so that she can sell my real estate on my behalf? We will write this down in the purchase and sale agreement. The non-resident buyer will then transfer the money for my property in Kazakhstan to his daughter’s account. Will such a transaction be considered valid?

4.1. Good day! Sure you can. To issue a power of attorney, you should contact any notary with a passport.

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5. Will a general power of attorney issued in the Republic of Belarus be valid for a transaction of purchase and sale of real estate in Crimea to a Russian citizen who is not related to the owner of the real estate, a citizen of Belarus.

5.1. Good afternoon. Yes, it will be valid, but if it is made in the Belarusian language, it will be necessary to make a notarized translation.

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5.2. A general power of attorney issued in the Republic of Belarus to conduct a real estate purchase and sale transaction on the territory of the Russian Federation is not valid on the territory of the Russian Federation.

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6. I am Russian, my husband is Ukrainian with temporary residence. Can I write a power of attorney for him for real estate transactions in Russia?

6.1. Sure you can. Legal status as a foreign citizen does not in any way affect his scope of rights in civil transactions, with some exceptions. In this case, you have every right.

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7. Tell me, is a power of attorney for a real estate transaction valid throughout Russia? I’m from Kurgan, and we want to make a power of attorney in Crimea so that I can then come without my husband and transfer his share in the apartment to myself or should we make a power of attorney in Kurgan?

7.1. Good afternoon, Tatyana! You can issue a power of attorney from any notary; it will be valid throughout Russia. All the best!

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8. I bought a house with land in Crimea in 2013, back under Ukraine. Now I heard that Law No. 218-FZ was passed in Russia. Do I need to include my property in the GAME, if in Ukraine it was already included in the State Property Register? registry or does everything automatically transfer from the Ukrainian registry to the Russian registry now? After all, we are not yet changing all purchase and sale documents to Russian ones, only those who make real estate transactions. Thank you.

8.1. Contact Rosreestr (cadastral chamber or MFC) with documents confirming the registration of ownership of land and house in Ukraine. You will have an entry made in the Unified State Register in accordance with Federal Law-122 about your rights. No state duty is paid. Receive an extract from the Unified State Register of Rights and you will sleep peacefully!

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9. In the power of attorney for real estate transactions, a mistake was made at the notary's office: Russia wrote with one with What threatens - they will return the documents, or is this not very important?

9.1. Good evening, Irina. This is a minor error/typo and therefore cannot affect the transfer of powers under the power of attorney.

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9.2. Good day! Return to the notary and demand that this error be corrected. The error is not fundamental, but still, in order to avoid unnecessary problems, it is better to correct it, especially since, as far as can be understood from your question, the power of attorney is reusable (i.e. for several transactions)

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9.3. Good afternoon Irina! This notary error must be corrected. Especially if you will be concluding more than one deal. All the best!

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10. I have a house in Volgograd where the whole family is registered and actually lives, and a dorm room in Krasnodar. In both cases, minor children have shares. We are immigrating from Russia, what to do with the children, what documents and where should I submit when selling our real estate? That is, what needs to be done step by step to successfully conclude a deal?

10.1. Hello The main thing is to obtain permission from the guardianship authorities for transactions. They will tell you what documents to provide.

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10.2. Contact the guardianship and trusteeship authority.

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11. The marriage was registered in St. Petersburg with a Canadian citizen in 2002, the divorce was in Canada in 2007, there are documents according to the court decision.. How to legalize this document in Russia since the internal Russian passport still has a registration stamp marriage and difficulties arise when completing real estate transactions. I have citizenship of both countries.. Thanks in advance for your answer!

11.1. It is enough to affix an apostille on a divorce certificate in Canada.

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11.2. Translation into Russian should be done not before, but after affixing the apostille, since the text of the apostille is also subject to translation. Legalization of a document on the territory of all countries party to the 1968 Hague Convention (including Russia) is carried out at the time of affixing the apostille by the authorized body of Canada. A foreign document must be translated on Russian territory. There is no need to involve the consulate.

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12. Currently I am in Russia. Does the Vollmacht signed by me give my husband the right to make any kind of transactions, including real estate?

12.1. Hello! Yes, sure.

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13. Please After the death of the stepmother, the house was left - she has no children - only her husband’s son. Currently, the son lives in Russia. The house has been empty for 3 years. We can’t find out anything - where in Kazakhstan can we turn? Can a Russian make any real estate transactions in Kazakhstan? After what time can the house go to the state - if it has already been empty for 3 years? Thank you.

13.1. The son must contact the notary at the place of registration of the stepmother in Kazakhstan and submit an application for accession to inheritance rights.

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14. I'm from Russia. I sell real estate in Latvia. A buyer from Latvia is ready to come to Russia to complete the transaction. What are my actions?

14.1. Good afternoon. You will have to conduct the transaction at the embassy, ​​consulate or representative office of Latvia in Russia in compliance with the laws of Latvia and Russia. Moreover, the preparation of documents on the transfer of rights must be drawn up in both languages.

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15. The owner of an apartment in Moscow, not a citizen of Russia but of Belarus, is not registered, wants to change his apartment to a cheaper one. All transactions take place through purchase and sale. When purchasing new real estate, the difference between purchase and sale will be more than a million rubles. Question: — What tax and in what amount will the owner of a new home pay to the Russian state if he is not a tax resident of the Russian Federation and are monetary deductions still possible for this transaction, to whom and what kind? Thank you! Regards, Alexey!

15.1. Good afternoon. According to the Tax Code of Russia. The tax rate for the sale of real estate is 13%, unless otherwise provided by Art. 224 Tax Code of the Russian Federation. However, something else is precisely what is envisaged. Citizens who are not residents of the country must pay a tax rate of 30% when selling real estate. This tax is a personal income tax (NDFL) and its payment is mandatory.

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16. The owner of an apartment in Moscow, not a citizen of Russia but of Belarus, is not registered, wants to change his apartment to a cheaper one. All transactions take place through purchase and sale. When purchasing new real estate, the difference between purchase and sale will be more than a million rubles. Question: - What tax will the owner of a new home pay to the state as a citizen of Belarus? Thank you! Regards, Alexey!

16.1. To answer your question, it is important to know not his citizenship, but whether he is a tax resident of the Russian Federation or not.

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17. An individual (Russia) sold real estate (apartment) in Munich (Germany). The apartment has been owned for more than three years. Is there taxation on this transaction and in what amount: 1. In Germany 2. In Russia. When paying tax on income from the sale of an apartment in Germany, will there be a deduction in Russia when filling out 3rd personal income tax?

17.1. Hello! There will be no taxation in Russia.

Did the answer help you?YesNo

18. Can a non-resident of Ukraine who has not yet received a temporary residence permit purchase real estate in the Russian Federation in 2020 (a Ukrainian woman who has married a Russian citizen will receive a Russian passport only after 3 years. 1). CAN A UKRAINIAN WOMAN PURCHASE REAL ESTATE BEFORE RECEIVING A RF PASSPORT, AND WHAT DOCUMENT SHOULD SHE PROVIDE TO A NOTARY WHEN FILMING A SALE AGREEMENT? 2). WILL SHE BE CONSIDERED AS THE LEGAL OWNER IN THE RF ACCORDING TO THIS TRANSACTION WHEN RECEIVING A RF PASSPORT?

18.1. Hello. Maybe buy it. You need a foreign passport of a citizen of Ukraine and money. Regardless of citizenship, property will remain.

Did the answer help you?YesNo

19. I am a garage citizen of Kazakhstan who purchased real estate in Russia but registered it in the name of a garage citizen of Russia, since in the border zone I could not register the land until I receive a garage. Can I terminate the deal since the garage citizen of Russia intends to sell this property as his own? I settled with the seller.

19.1. No, you can’t, according to the documents it is the property of a Russian citizen.

Did the answer help you?YesNo

20. I am currently visiting Russia. In the USA, where I live, my signature is required in a real estate transaction. Can I provide a power of attorney to represent my interests to my son, certified by a notary? Thanks for the answer. Anna.

20.1. Yes, of course you can.

Did the answer help you?YesNo

20.2. Notarized power of attorney, and necessarily an apostille.

Did the answer help you?YesNo

20.3. Anna, if you are a US citizen, you can issue a power of attorney at the US Embassy. In this case, neither an apostille nor a translation of the power of attorney is needed.

Did the answer help you?YesNo

20.4. Consult with an American lawyer on how to properly formalize your credentials.

Did the answer help you?YesNo

The son has dual citizenship (Russia, USA). I inherited an apartment in Russia and sent a power of attorney with a Russian international passport written down as an identity document.

A contract for the purchase of real estate was concluded with a Russian citizen who has his own real estate agency in Spain.

I am a citizen of Kazakhstan, when completing a real estate purchase and sale transaction in Russia,

We are spreading a rumor that using a passport issued this year in Crimea, you cannot purchase real estate in other regions of Russia, i.e.

Is a translation of a Ukrainian citizen’s passport necessary for real estate transactions in Russia?

I am a citizen of Kazakhstan and want to purchase real estate in Crimea and register it in the name of my daughter, a citizen of Russia.

There is a deal planned for the sale of an apartment, the owner is me and three adult children.

When purchasing real estate in your own name, will you need the approval of a person,

My aunt lives in Ukraine, and I live in Russia, she wants to issue a power of attorney for me to conduct inheritance affairs,

My father lived in Russia. Due to health reasons, they were forced to take him to Estonia.

The issue of a lost birth certificate arose. Person born in Uzbekistan (75 years old)

Transaction form[ | ]

The form of a transaction is the external expression of the will of its participants. A transaction can be concluded orally or in writing, as well as through implied actions or silence. The written form, in turn, can be simple or qualified (notarial). Often the transaction is preceded by a framework agreement. To implement currency control of a transaction, a transaction passport can be issued.

Oral form[ | ]

The oral form of a transaction is a verbal expression of will, in which the participant verbally formulates his intention to enter into a transaction, as well as the conditions for its completion. According to Art. 159 of the Civil Code of the Russian Federation, in all cases where the law or agreement does not provide otherwise, transactions can be made orally.

The execution of a transaction made orally may be accompanied by the issuance of documents confirming its execution (for example, a sales receipt). This does not change the essence of the oral form.

Conclusive actions[ | ]

Main article: Conclusive actions

A transaction that can be concluded orally can also be concluded through the implementation of implied actions by a person[12]. Implicit actions (lat. concludere - conclude, draw a conclusion) - behavior from which a person’s intention to enter into a transaction is clear (for example, by putting money into a machine, a person expresses his will to purchase the goods contained in the machine).

In cases directly provided for by law or agreement, silence, which in the strict sense is inaction, may act as an implied action (for example, the rule of automatic renewal in a lease agreement: if, in the absence of objections from the lessor, the tenant continues to use the property after the expiration of the agreement, the agreement is considered renewed on the same terms for an indefinite period; thus, the will of the lessor to continue the rental relationship is expressed by silence [13]).

Simple written form[ | ]

A simple written form of a transaction involves drawing up a special document or a set of documents that reflect the content of the transaction and the will of the parties to the transaction to conclude it. The will to conclude a transaction is confirmed by the signatures of the parties or their representatives. Sometimes additional requirements may be established for a simple written form of a transaction: execution on a special form, sealed, etc. Transactions are concluded in a simple written form[14]:

a) if at least one of its participants is a legal entity;
b) transactions between citizens between themselves for an amount exceeding 10 thousand rubles, and in cases provided for by law - regardless of the amount of the transaction. (Civil Code of the Russian Federation, Art. 161, Part 1, Clause 2) [ source not specified 1036 days
]; c) if this is established by law or agreement of the parties.

The general consequence of failure to comply with the simple written form of a transaction is the deprivation of the parties in the event of a dispute of the right to refer to witness testimony to confirm the transaction and its terms. In these cases, the parties retain the right to provide written (letters, receipts, receipts, etc.) and other evidence[15].

Failure to comply with the simple written form of a transaction entails its invalidity, if this is expressly stated in the law or in the agreement of the parties[16]

Qualified form[ | ]

The qualified, or notarial form of a transaction is a special case of a written transaction and consists in the fact that on a document corresponding to a simple written form, a notary or an official who has the right to perform notarial acts puts a certification inscription. In accordance with Art. 163 of the Civil Code of the Russian Federation and Art. 53 Fundamentals of the legislation of the Russian Federation on notaries, transactions are subject to notarization in the following cases:

1. If the law establishes a mandatory notarial form for them.
2. If a mandatory notarial form is established by agreement of the parties, even if the law does not provide for such a requirement.

Failure to comply with the notarial form entails the invalidity of the transaction.

Transactions requiring notarization:

• Will[17];
• Power of attorney:

a) to carry out transactions requiring a notarial form[18]; b) issued by way of subrogation[19]; c) to obtain a repeated certificate of state registration of a civil status act[20];

• An annuity agreement, including a lifelong maintenance agreement with dependents[21];
• An agreement on the pledge of movable property or rights to property to secure obligations under an agreement that must be notarized, a mortgage agreement[22];
• Assignment of a claim based on a transaction completed in notarial form[23];
• Marriage agreement[24];
• Agreement on payment of alimony[25];
• Consent of the spouse to complete a transaction requiring notarization or state registration;
• A transaction aimed at alienating a share or part of a share in the authorized capital of a limited liability company, except for the following cases:

a) transfer of the share to the company; b) distribution of shares between company participants; c) sale of shares to all or some participants of the company; d) use of the preemptive right to purchase[26];

• A shareholder’s demand for the company to repurchase his shares, as well as the withdrawal of such a demand[27];
• Consent of the pledgor to an extrajudicial procedure for foreclosure of the pledged movable property[28].

Step-by-step procedure for conducting an alternative transaction

The sequence of conducting an alternative transaction is almost the same as for a direct sale.

Stages of purchase and sale, where 2 alternative apartments are involved:

1. residential properties being sold are assessed;
2. they select alternative options and at the same time look for the buyer of the apartment, the first in the chain;
3. as soon as a buyer is found, a deposit or advance payment is made for apartment 1;
4. verify the legal purity of real estate:
5. collect the necessary package of documents, draw up preliminary agreements for all three objects and sign them;
6. conclude the main purchase and sale agreements (MPAs) at the same time;
7. transfer documents on all transactions for registration of property rights;
8. receive documents endorsed by Rosreestr;
9. the participating parties pay each other by non-cash transfers and using a reserved safe deposit box (for the principal amount);
10. sign the transfer and acceptance certificate of the property, which confirms that the buyer has no claims.

If any of the apartments in the chain are purchased with a mortgage, the principle of action does not change. Only the bank can make a number of its own adjustments in the documentary plan. And this can slow down the whole process.

List of documents

The basic package of documents includes:

• Russian passports of all parties to the transaction;
• power of attorney (if the interests of the owner are represented by another person);
• documentary evidence of ownership of real estate, registration certificates and extracts from the Unified State Register of Real Estate;
• a certificate from the housing and communal services about the absence of registered on the living space, as well as debts for utility services.

If jointly acquired property is sold, written consent from the second spouse is required.

Contract of sale

When all the documents are prepared, it’s time to draw up a monetary policy for each transaction in the chain. An experienced lawyer or notary can handle this better.

What should be the content of the document:

• passport details of both parties;
• complete information about real estate;
• purchase amount minus advance (deposit);
• bank details for non-cash transfers;
• bilateral rights and obligations;
• date and signatures.

Such an agreement does not need to be notarized. However, the procedure simplifies further registration, and also allows you to avoid a number of problems in the future, including those with incorrectly composed text.

The duties of a notary include checking the contract for errors, legality and compliance with the interests of all participants in the transaction. He conducts an explanatory conversation and, if necessary, adds certain points. In addition, the notary verifies the presence of all papers and the accuracy of their execution, the legal capacity of the persons involved and their voluntary consent. This will serve as evidence if someone later tries to challenge the deal in court.

Registration of a transaction

To register contracts, contact Rosreestr or the nearest MFC directly. The presence of all persons involved in the process is required. Provide the employee with original documents and a receipt for payment of the state duty in the amount of 2,000 rubles (for each transaction). In return, a receipt is issued with a list of papers submitted and the date of re-acceptance. On the appointed day you will need to come to pick up the documents and title extract.

The registration procedure with Rosreestr usually takes 10 days. If you submit a contract certified by a notary, the period is reduced to 3 days.

Expenses

During an alternative transaction, you need to be prepared for the following expenses:

• National tax;
• taxes;
• the cost of the purchased property.

You may have to pay for additional services:

• at the notary office;
• realtor (approximately 5% of the transaction price);
• appraisal organization - from 2,000 rubles (the cost varies depending on the region, urgency, characteristics of the housing);
• bank - for reserving cells.

Transfer of money

The method of payment is agreed upon among themselves in advance. This could be a letter of credit, or the use of a safe deposit box with cash. After depositing funds, an additional agreement is drawn up for each cell, which sets out the conditions for the removal of the contents.

It is important to correctly draw up a mutual settlement scheme.

For example, buyer 1 places money in his bank cell, the additional payment for an alternative apartment is placed in another. Only after registering the transfer of ownership of all objects in the chain will the seller be given access to them.

If it is impossible to arrange the payment procedure yourself, it is recommended to contact the bank manager for help. He will offer the best options and answer any questions you may have.

Participants can pay each other both before and after registration of the PrEP. This is agreed upon in advance.

Are you planning a deal to buy or sell an apartment?

Lawyers will answer any question regarding the transaction free of charge and in detail. Ask a question so you don't waste time reading!

State registration of the transaction[ | ]

State registration of a transaction is a means of ensuring public reliability of information about the existence or absence of a transaction, the civil consequences of which occur only after state registration[29]. That is, if the law connects the validity of a transaction with the need for its state registration, then the transaction itself, even if completed in the proper form, does not give rise to any civil legal consequences.

Transactions are subject to state registration:

a) if the object of the transaction is real estate[30]; b) if the object of the transaction is certain types of movable property (for example, museum objects and museum collections)[31]; c) in other cases established by law (for example, a license agreement).

The consequence of failure to comply with the state registration requirement is the nullity of the transaction[32]. Completion of a transaction requiring state registration gives rise to the parties the right to demand from each other the fulfillment of the obligation for its state registration. Refusal of state registration or evasion of both the relevant body and the parties to the transaction from registering it can be appealed in court. In this case, the transaction is registered in accordance with the court decision[33]. A participant who evades state registration of a transaction must compensate the counterparty for losses caused by the delay in registration[34]. The parties do not have the right to require state registration of a transaction unless this is provided by law.

Registration of a transaction, registration of rights and registration and technical accounting

State registration of a transaction must be distinguished from state registration of rights arising in connection with the transaction. For example, for a contract for the sale of real estate, a simple written form is established in the form of a single document signed by the parties[35], while the transfer of ownership of real estate under a contract for the sale of real estate is subject to state registration[36]. Rights to property subject to state registration arise from the moment of their registration[37]. The fact of state registration of a transaction or right is confirmed either by issuing a document on the registered right or transaction, or by making an inscription on the document submitted for registration[38].

Acts of state registration of transactions and rights, which are a necessary element of the legal structure, the occurrence of which is associated with the emergence, change and termination of civil rights and obligations, must also be distinguished from acts of state registration and technical accounting of certain types of property. For example, the buyer registers a vehicle. The absence of a registration certificate cannot discredit the buyer’s ownership of the vehicle and cannot lead to the invalidity of the purchase and sale transaction.

Registration process and its regulatory framework

The legislative principles for the rules of transactions with real estate and their registrations were laid down in Federal Law No. 122 of July 21, 1997 “On state registration of rights to real estate and transactions with it.”
However, by 2020 it was outdated, and its place was taken by Federal Law No. 218 “On State Registration of Real Estate”. The act merged the registers of cadastral departments and the Unified State Register of Real Estate (USRN), abolished certificates of registration of rights. The old norms of legislation will completely lose force by 2020.

All real estate transactions undergo mandatory approval by Rosreestr. A certificate is issued as confirmation. The definition of a transaction, in turn, is laid down in Art. 153 of the Civil Code of the Russian Federation. The same act also provides the basic conditions for its validity.

Simplification and updating of these mechanisms could not but leave an imprint on the criminal component. On the one hand, with the coordinated work of the competent authorities, the number of crimes should drop sharply. But in the case of high corruption of authorized persons, it has become much easier to commit scams.

Download for viewing and printing:

Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”

Article 153 of the Civil Code of the Russian Federation “The concept of a transaction”

Literature[ | ]

Primary sources

• Civil ex of the Russian Federation.
• Family law of the Russian Federation dated December 29, 1995 N 223-FZ // Collection of legislation of the Russian Federation, 01/01/1996, N 1, art. 16, Russian newspaper, 01/27/1996, N 17
• Federal Law of 02/08/1998 N 14-FZ “On Limited Liability Companies” // Collection of Legislation of the Russian Federation, 12/16/1998, N 7 art. 785, Russian newspaper, 02/17/1998, N 30
• Federal Law of December 26, 1995 N 208-FZ “On Joint-Stock Companies” Collection of legislation of the Russian Federation, January 1, 1996, No. 1 Art. 1, Russian newspaper, 12/29/1995, N 248
• Federal Law of 05.26.1996 N 54-FZ “On the Museum Fund of the Russian Federation and museums in the Russian Federation” // Collection of Legislation of the Russian Federation, 05.27.1996, N 22, art. 2591, Russian newspaper, N 104, 06/04/1996.

Research

• Alekseev S.S.
  Civil law. - M.: Prospekt, 2012. - 536 p. — ISBN 978-5-392-03276-1.
• Sergeev A.P.
  Civil law. In 3 vols. T. 1. - M.: RG-Press, 2011. - 1008 p. — ISBN 978-5-9988-0022-1.
• Sukhanov E. A.
  Civil law. In 4 vols. T. 1: General part. - M.: Wolters Kluwer, 2008. - 720 p. — ISBN 978-5-466-00043-6

Notes[ | ]

1. In the scientific literature, a will is traditionally classified as a unilateral transaction. However, according to some lawyers [ source not specified 3064 days
   ], a will itself does not create, change or terminate the obligations of the testator, and therefore, in accordance with the current Civil Code, it cannot apply to transactions in general and to unilateral transactions in particular.
   Proponents of this approach do not take into account that a transaction, in accordance with the Civil Code of the Russian Federation, is an action aimed
   at establishing, changing or terminating civil rights and obligations. In other words, a transaction is not an action that gives rise to civil rights or creates obligations from the moment it is committed, but an action by performing which a person strives to create rights or create obligations. That is why a will, as an expression of the will, the desire of the testator to dispose of his property in the event of death, is a transaction. It is worth mentioning that the will is directly called a unilateral transaction in paragraph 5 of Art. 1118 of the Civil Code of the Russian Federation.

Sources

1. Art. 153 Civil Code of the Russian Federation
2. Judicial debt collection (Russian), LegalMill
   (June 22, 2018). Retrieved August 22, 2020.
3. clause 3 art. 154 Civil Code of the Russian Federation
4. Art. 424 Civil Code of the Russian Federation
5. clause 2 art. 147 Civil Code of the Russian Federation
6. clause 2 art. 314 Civil Code of the Russian Federation
7. clause 3 art. 157 Civil Code of the Russian Federation
8. clause 1 art. 157 Civil Code of the Russian Federation
9. Art. 429 Civil Code of the Russian Federation
10. clause 2 art. 157 Civil Code of the Russian Federation
11. Borev Yu. B.
    Aesthetics. - M.: Higher. school, 2002. - ISBN 5-06-004105-0
12. clause 2 art. 158 Civil Code of the Russian Federation
13. clause 2 art. 621 Civil Code of the Russian Federation
14. Art. 159 Civil Code of the Russian Federation
15. clause 1 art. 162 Civil Code of the Russian Federation
16. clause 2 art. 162 Civil Code of the Russian Federation
17. Art. 1124 Civil Code of the Russian Federation
18. clause 2 art. 185 Civil Code of the Russian Federation
19. Art. 187 Civil Code of the Russian Federation
20. clause 2 art. 9 Federal Law “On acts of civil status”
21. Art. 584 Civil Code of the Russian Federation
22. Art. 339 Civil Code of the Russian Federation
23. clause 1 art. 389 Civil Code of the Russian Federation
24. Art. 41 Investigative Committee of the Russian Federation
25. Part 1 Art. 100 SK
26. clause 11 art. 21 Federal Law “On Limited Liability Companies”
27. Clause 3 of Article 76 of the Federal Law “On Joint-Stock Companies”
28. clause 4 art. 349 Civil Code of the Russian Federation
29. Art. 164 Civil Code of the Russian Federation
30. Article 551 of the Civil Code of the Russian Federation
31. Art. 10 Federal Law-54 “On the Museum Fund”
32. clause 1 art. 165 Civil Code of the Russian Federation
33. clause 3 art. 165 Civil Code of the Russian Federation
34. clause 4 art. 165 Civil Code of the Russian Federation
35. Art. 550 Civil Code of the Russian Federation
36. clause 1 art. 551 Civil Code of the Russian Federation
37. clause 2 art. 8 Civil Code of the Russian Federation
38. Art. 131 Civil Code of the Russian Federation