Legal consequences of establishing ownership of new and reconstructed real estate

Abstract

In article problematic issues of establishment of the property right to the new and reconstructed real estate are opened. The carried-out analysis of the domestic legislation regulating legal relationship in this sphere has shown inconsistency in the procedure of reference of real estate units to new or reconstructed. Legal consequences of it are emergence of controversial issues at the taxation of these objects and unequal interpretation of the same rule of law in jurisprudence at recognition of the property right to the new and reconstructed property. The existence of disagreements and conflicts in the legislation regarding the determination of ownership of new and reconstructed real estate objects is also due to the different degree of legal awareness of the lawyers themselves. And as a consequence, the legislator recognizes the right of ownership in one case as a statement of the law itself, and in other cases as a means of creating ownership of the object.
By results of a research it was offered to add some normative legal acts with definitions "new real estate" and "the reconstructed real estate".
Keywords: real estate, the reconstructed real estate, the property right, reconstruction, renovation, new construction, capital repairs, the right for building.