Introduction
Real estate nowadays holds a special place among the elements of a market. Real estate is served as means of production (land, administrative, production, stor-age, trade and other buildings and facilities, as well as other erections) and as the subject or the object of consumption (land, houses, cottages, apartments, garages). It is considered as the basis of personal existence for people and is a base for economic activity and development of enterprises and organizations of all forms of ownership. In Russia a constant active reform and development of the real estate market is tak-ing place. A growing number of individuals, enterprises and organizations are in-volved in operations with real estate.
Real estate is the main subject of discussion during the privatization of state and municipal property, renting of non-residential premises, purchases and sales of lodgement. New property owners appeared in the sphere of personal consumption as well as in other spheres of business. Business structures and firms operating in the real estate market were created and developed.
2. Legislature's of the real estate market in Russia
The legislation regulating transactions on the real estate market is rather exten-sive and covers some branches of the Russian Federation laws. First of all it is nec-essary to consider the Civil Code (CC) of the Russian Federation. As it was men-tioned previously, the definition of the real estate is given in the CC. Main features and the legal status of market participants, the basis of occurrence and a procedure of the property and other rights are defined, contractual and other obligations are regulated, i.e. starting points for realization of enterprise activity, including transac-tions with the real estate are given in the CC.
At the same time the CC is not the unique statutory act regulating the transac-tions on the real estate market. Other laws and instruments regulating this market are the Lodging Code, the Law “About bases of a federal lodging policy”, the Law “About the pledge”, Land Code, Water Code, Forest Code etc. The Law “About bases of a federal lodging policy” and the Lodging Code regulate in details ques-tions connected with a specific kind of the real estate – the dwelling premises. The Land code also refers to the legislation that partly covers and regulates transactions with the real estate.
It is obvious, that some positions of the existing laws require cardinal updating. For example present base procedure of the preliminary coordination of a place of the object under construction contradicts the system of changes of the real estate in the conditions of the market as the market assumes the presence of the goods the buyer chooses at his own discretion. In the conditions of the existing system for example the necessary land lot is searched by the manager (realtor, broker, developer etc) af-ter a certain incoming request and it he will not be sure to find such a land lot. It means that the market of land lots doesn’t exist. That’s why the government should be induced to creating certain conditions and legislative instruments.
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