A new law "On state registration of real rights to immovable property and their encumbrances" acting in the country for the second year, does not provide for "automatic" transfer of information from previously existing registers new roster, nor defines responsible for such a transfer.
About this IAP "Capital estate" said Alexander Burtovoy , partner at law firm "Antique" .
" Information from previously existing registers new registry can be moved either by the state registrar ( upon application owner ) or a notary public notary within the transaction ( the notary is obliged to transfer the information from the previous registry to register and register new rights created by the transaction ) . In other words, neither the registration service, or other government agencies and companies are not responsible for the formation of the registry data , and its content - it is a problem right holders themselves , "- said the lawyer .
Alexander Burtovoy also felt like it would be optimal to establish the process of transferring data from the old to the new registry .
"I do not think it is appropriate and correct would oblige holders to contact the registration service , a statement on the transfer of information in the new registry . Fairer would be to amend the law and ensure the proper transmission of BTI registration files to the registration service , as well as to oblige the registration service to make the data in the new registry . This should be installed both administrative and criminal liability for failure to state registrars or improper performance of this function , data corruption , abuse of the right of access to personal information and so on, " - said the lawyer .