ON THE ISSUE OF IMPROVING THE MECHANISM FOR IDENTIFYING AND ACCOUNTING FOR ESCHEATED REAL ESTATE

Abstract

The procedure for the inheritance and accounting for escheated property transferred by law to the ownership of the Russian Federation, as well as the procedure for its transfer to the ownership of constituent entities of the Russian Federation or to the ownership of municipalities, shall be determined by law, as specified in paragraph 3 of Article 1151 of the Civil Code of the Russian Federation. However, since the entry into force of the third part of the Civil Code of the Russian Federation, that is, more than twenty years, there has been no civil law regulation of legal relations related to escheated property. The new coronavirus pandemic (COVID-19), which began in 2020, has added urgency to the issues of identifying and accounting for escheated property. On the one hand, the relevance is linked to the social consequences of the pandemic in terms of increased mortality, as a result of which the number of escheated property increased, on the other hand, it is linked to the digitization of interdepartmental interaction between public law entities, digitization of large volumes of data held by public law entities, provision of state and municipal services in electronic form, which can be used when identifying and accounting for escheated property. Purpose: to analyze the issues of improving the mechanism for identifying and accounting for escheated property. In particular, escheated real estate is of particular interest as one of the things of value for civil turnover. Methods: empirical methods of comparison, description, interpretation, analysis and synthesis; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the study allows the authors to identify two vectors for accounting and identifying of escheated real estate. One of the vectors is aimed at the development and application of model provisions by local self-government bodies on the example of the regulations on the accounting and identification of escheated real estate in Moscow. The second vector is aimed at digitalizing interaction between notary bodies and civil registration bodies, as well as between rights registration bodies and local self-government bodies in order to identify and account for escheated real estate with the use of digital technologies. These vectors undoubtedly have as their premise the establishment of legality, law and order, balance in private and public interests in the Russian Federation.