At this online committee event Ayvar Malikov, senior associate at INTEGRITES Russia Dispute Resolution Practice, addressed such an interesting topic as “Real Estate Problems from the Soviet Period and the Nineties: Approaches & Solutions”.
Within his speech, Ayvar shared personal expertise in dealing with real estate problems from Soviet period and the nineties, elaborating upon different approaches and solutions.
Here are some highlights from Ayvar’s presentation:
- The complexity of transactions with real estate of the Soviet and the nineties:
- The Civil Code of the RSFSR of 1964 does not provide for private property rights;
- limited judicial practice during the 90s;
- antinomy of laws of the period of the 90s;
- limited privatization possibilities in the first Privatization Law;
- loss / illegibility of documents on real estate objects and privatization itself;
- legal defects in transaction process (legal / technical).
- Risks of acquiring objects privatized in post-Soviet times.
- Case study. The building which began to be built in the 70s, reconstructed in 1989-1993, privatized in 1992 (with defects):
- Consideration of the reasons why registrar authority refused to register rights.
- Comparison of two methods of protecting rights.
- Arguments in the declaration of right claim: acquisitive prescription, construction of new object, the results of construction expertise.
This event was open to AmCham members only.