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STATE COMMITTEE OF REAL ESTATE ALLOWED FLAWS IN ACTIVITIES WITH CITIZENS - ARMENIA'S OMBUDSMAN
news.am
March 30, 2012 | 10:45
YEREVAN. - Armenian Ombudsman Karen Andreasyan has issued an evaluation
of the State Committee of the Real Estate activities for 2011.
The assessment is as follows:
Shortcomings and problems identified:
In some cases the State Committee of the Real Estate of the Republic
of Armenia (hereinafter Cadastre) provided citizens with information
existing in the system, but which wasn't sufficient for implementation
of the required functions.
During the state registration the Cadastre in certain cases required
from citizens such documents or refused the state registration for
such reasons which are not foreseen by the Legislation.
Some lands formerly provided to citizens with gardening purposes and
not used by the latter for a long time were included in a communities'
land balance and given to other people by community leaders. In
these cases the Cadastre did not take into account the fact of lands
previously given to citizens by gardening firms, and the rights of
the new owners have been registered upon them.
In certain cases the information given to persons on state registration
of property rights and registered rights and restrictions did not
coincide with reality.
The Cadastre officers, in assessing the cadastral value of
property, in certain cases were not led by coefficients foreseen by
the Legislation.
Discussions of the Human Rights Defender's recommendations on
reconsidering the norms that contradict the legal acts of a higher
legal force have been carried out with delay (for instance, the RA
Government decision N719, made on 7th April, 2005, the 30.10.2008
joint official clarification of the RA State Committee of the Real
Estate President and the Yerevan Mayor).
Positive developments:
During 2011 comprehensive reforms in the real estate cadastre
system have been implemented, which aimed at increasing transparency
of the system functions, simplification of administration, exclusion
of necessity of the official-citizen direct contact, hence leading
to the reduction of corruption risks.
Since 25th April the applicants have an opportunity to get the
registration certificates in shorter terms by means of applying
coefficients towards charged fees.
The compulsory notary ratification requirement of real estate
transactions (except for unilateral transactions), foreseen by the
RA Civil Code, has been eliminated; in this respect an institute of
execution of transactions by recognition of authenticity of signatures
has been imported by cadastre system, and execution of transactions
in cadastre system in the order prescribed has been carried out free
of charge.
By introduction of electronic document circulation system between
cadastre offices and territorial subdivisions the applicants got an
opportunity to introduce applications on registration of rights and
provision of information and obtain the documents by their choice in
any cadastre service office (even without coming to a service office -
by e-mail) regardless the real estate location.
The obligatory requirement of providing information about the real
estate property or an obligatory requirement of property measurement or
technical inspection in case of state registration of rights emerged
from deals with regard to the property.
The requirement to introduce applications about implementation of
functions of providing information and a state registration of rights
according to the location of the property has been eliminated, as
well as specialized facilities- service offices have been established
aiming to serve applicants to use the system services.
news.am
March 30, 2012 | 10:45
YEREVAN. - Armenian Ombudsman Karen Andreasyan has issued an evaluation
of the State Committee of the Real Estate activities for 2011.
The assessment is as follows:
Shortcomings and problems identified:
In some cases the State Committee of the Real Estate of the Republic
of Armenia (hereinafter Cadastre) provided citizens with information
existing in the system, but which wasn't sufficient for implementation
of the required functions.
During the state registration the Cadastre in certain cases required
from citizens such documents or refused the state registration for
such reasons which are not foreseen by the Legislation.
Some lands formerly provided to citizens with gardening purposes and
not used by the latter for a long time were included in a communities'
land balance and given to other people by community leaders. In
these cases the Cadastre did not take into account the fact of lands
previously given to citizens by gardening firms, and the rights of
the new owners have been registered upon them.
In certain cases the information given to persons on state registration
of property rights and registered rights and restrictions did not
coincide with reality.
The Cadastre officers, in assessing the cadastral value of
property, in certain cases were not led by coefficients foreseen by
the Legislation.
Discussions of the Human Rights Defender's recommendations on
reconsidering the norms that contradict the legal acts of a higher
legal force have been carried out with delay (for instance, the RA
Government decision N719, made on 7th April, 2005, the 30.10.2008
joint official clarification of the RA State Committee of the Real
Estate President and the Yerevan Mayor).
Positive developments:
During 2011 comprehensive reforms in the real estate cadastre
system have been implemented, which aimed at increasing transparency
of the system functions, simplification of administration, exclusion
of necessity of the official-citizen direct contact, hence leading
to the reduction of corruption risks.
Since 25th April the applicants have an opportunity to get the
registration certificates in shorter terms by means of applying
coefficients towards charged fees.
The compulsory notary ratification requirement of real estate
transactions (except for unilateral transactions), foreseen by the
RA Civil Code, has been eliminated; in this respect an institute of
execution of transactions by recognition of authenticity of signatures
has been imported by cadastre system, and execution of transactions
in cadastre system in the order prescribed has been carried out free
of charge.
By introduction of electronic document circulation system between
cadastre offices and territorial subdivisions the applicants got an
opportunity to introduce applications on registration of rights and
provision of information and obtain the documents by their choice in
any cadastre service office (even without coming to a service office -
by e-mail) regardless the real estate location.
The obligatory requirement of providing information about the real
estate property or an obligatory requirement of property measurement or
technical inspection in case of state registration of rights emerged
from deals with regard to the property.
The requirement to introduce applications about implementation of
functions of providing information and a state registration of rights
according to the location of the property has been eliminated, as
well as specialized facilities- service offices have been established
aiming to serve applicants to use the system services.