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Monday, May 23, 2022
HomeLatest NewsRussia may introduce a mandatory notarial form for transactions with mother capital

Russia may introduce a mandatory notarial form for transactions with mother capital

The Civic Chamber of the Russian Federation sent recommendations to the State Duma and the country’s government on improving the rules for the use of maternity capital. In particular, it is proposed to introduce a notarial form for registering a share in housing purchased with maternity capital.

The proposals were prepared based on the results of the round table “Legal aspects of the implementation of the right to maternity capital: directions to improve the legislation”, which was held in the Public Room with the participation of representatives of the Federal Chamber of Notarized.

According to experts, more than 11 million families have received maternity capital certificates in the 15 years of the maternity capital law. Very often, in more than 80 percent of cases, state support is directed at improving housing conditions. At the same time, according to the law, each family member must be assigned a share in a new apartment or house. People without legal knowledge can rarely correctly calculate and organize all this on their own. Consequently, the rights of spouses or children, including minors, are violated. An outsider can also suffer, if he buys a living space in which the capital mother once appeared.

“Unfortunately, when carrying out this type of transaction, many mistakes are made: for example, the size of the shares is incorrectly determined, the presence of minor children is not taken into account, they indicate instead a shared co-ownership regime. , the legal and legitimate interests of those who used the maternity capital when buying a home and those who subsequently bought such a home suffer,” said Konstantin Korsik, President of the Federal Chamber of Notaries.

There are also cases where people made fictitious transactions to collect a maternity capital certificate. Experts believe that a mandatory notarial form for agreements on the determination of shares in premises purchased with the funds of mother capital can minimize gross errors and abuses.

“Existing law enforcement problems lead to the violation of the rights of each member of the family, especially children. A notary is a guarantor of the security of a transaction, it is his participation that allows avoiding fraudulent actions with such real estate, ”he emphasized. the Vice President of the Council of the President of the Russian Federation for the Development of Civil Society and Human Rights Irina Kirkora.

The Public Chamber recommended that the State Duma consider the possibility of adopting a relevant bill. As noted in the recommendations, notaries have in-depth knowledge of civil and family law. Your participation in the preparation and conclusion of agreements guarantees that everything will be done in accordance with the law and taking into account the interests of all family members. Unlike external consultants and intermediaries, whose qualifications often raise questions, a notary is fully responsible for the results of his work. In addition, notarization will ensure the timely registration of rights to real estate with the USRN and compliance with the principle of reliability of this very important registration.

“It is not enough to grant the right to receive maternity capital itself, it is necessary that the mechanism for the implementation of this right be described very clearly in the legislation. Children are not indicated,” said the president of the Public Chamber of the Russian Federation, Lidia Mikheeva.

In general, as experts note, the state registration of rights to residential premises in which maternity capital is invested is a separate and very complex issue. So, in most cases, the spouses, in addition to materkapital, use their own funds, and this implies the establishment of a legal regime for joint ownership of real estate. For the allocation of shares it is necessary to change this regime, and this can only be done through a marriage contract or an agreement on the division of assets acquired in common. Both options must be certified by a notary. Otherwise, rights to real estate are recorded on the basis of a null transaction, and this is a possible ground for challenge.

In addition, now in the USRN there is no mark on the use of maternity capital for housing. If it is resold and the transfer of ownership is recorded on the basis of a simple written transaction, there may be problems. First of all, the interests of family members of the owner of the maternity capital, for whom the shares are incorrectly allocated or not allocated at all, may be affected. Second, new buyers will also be at risk, as a similarly flawed deal in the future may be invalidated. In this regard, one of the recommendations of the RF OP is to provide a special label in the USRN, noting that there is, so to speak, a trace of maternity capital in square meters.

Remember that currently, maternity capital can be used to improve housing conditions, educate children, the mother’s financed pension or the social adaptation and integration of disabled children in society. The amount of state support is indexed annually. In 2022, depending on the category of recipients, it ranges from 524.5 thousand to 693.1 thousand rubles. The certificate can be issued immediately after the birth of the child or at any time convenient for the family.

Initially, maternity capital was provided only to families in which a second child or subsequent children were born or adopted. Since 2020, the support measure has also been extended to families in which the first child appears, and the program has been extended until 2026. This means that more and more real estate will appear on the market, in which the maternity capital, experts say. And the interests of an increasing number of people will depend on how timely and correctly actions are drawn up in such premises.


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