Real estatein the civil law of the Republic of Belarus and the Russian Federation (on the materials of the International student round table discussion)
In the article, prepared on the basis of the materials of the International (Belarus - Russia) student practice-oriented round table discussion, held on April 23, 2018 with the use of video conferencing system on the topic “Real estate transactions; disputes related to real estate”, topical issues of protection of real estate are considered. Participants of this international event were Yanka Kupala State University of Grodno and Yaroslav Mudriy Novgorod State University. The initiative in holding the round table discussion belongs to the departments of civil law and process of both universities. The purpose of the round table discussion is to acquaint the legal community with the results of the study of legal ways to protect the rights to real estate, to exchange experience in the legal regulation of relations in the field of real estate and the practice of civil law; to reveal the content and grounds of the problem of the legal regime of immovable property. The relevance of this problem is predetermined by the special status of the institute of real estate in civil law. According to the legislation of Belarus and Russia, immovable things (real estate, land estate) include land, subsoil plots, surface water bodies and everything that is firmly connected with the land, that is, objects whose movement is impossible without disproportionate damage to their purpose, including forests, perennial plantings, capital structures (buildings, constructions), unfinished preserved capital structures, isolated premises, parking spaces. The enterprise as a whole as the property complex, subject to state registration air and sea vessels, vessels of internal navigation, vessels of navigation “river - sea”, space objects are also equated to real estate. Other property may be classified as immovable property by legislative acts. Taking into account these circumstances, the problematic field of the round table discussion is determined, namely: legislation on real estate; state registration of real estate; ways to protect and restore the violated rights to real estate; real estate as a subject of contractual obligations; invalidation of property transactions; litigation on disputes on recognition of ownership of real estate; mortgage lending; extinct real estate; financial lease of premises; cadastral and market value of real estate; legal regulation of unauthorized construction.