THE HISTORICAL PATH OF REGISTRATION OF PROPERTY RIGHTS TO IMMOVABLE PROPERTY

Abstract

The scientific article examines and highlights the historical path of development of registration of property rights to real estate. The stages of the process of formation of the process of fixing property rights to immovable property starting from the reign of King Hammurabi were studied. The first steps towards the concept of the register of property rights were noted, using the example of the activities of clerks and the institution of the tabelion of Ancient Rome. The origin of the domestic practice of understanding property rights and the first regulatory normative acts during the existence of Kyivan Rus and the Galicia-Volyn principality is considered. The importance of the first written registration acts during the time of the Lithuanian-Polish statehood, which had a direct social impact on the Ukrainian people, is emphasized. Attention is paid to the regressive movement in written fixed rights for the period of the Cossack-Hetman statehood of Ukraine and the National Liberation War of 1648–1654. The role of voivodeship offices and mortgage books in the development of notarial certification of rights is determined. Separation in the 19th century. notary from the judicial system in terms of registration of rights to real estate. The peculiarities of the course of property rights in general and registration processes in the times of Soviet Ukraine are emphasized. A number of regulatory and legal documents of that time were studied. An analytical review of the normative formation of the concept of property rights to real estate in the initial period of Ukraine’s independence was conducted. The documentary basis for the description of the registration process is detailed, the problem of rapid implementation of an effective mechanism for recording property rights and state audit of real estate objects of all forms of ownership is emphasized. Legislative acts, by-laws and regulatory documents implementing state regulation in the field of registration of property rights to immovable property have been analyzed and researched. The components of the registration structure by subject feature, as well as objects that are subject to registration, are considered.