Property rights of foreign citizens to real estate: Russian and foreign experience

Journal articles, Law and life

Recommended link to article:
Shakhov A.V., Property rights of foreign citizens to real estate: Russian and foreign experience // Public Administration,
2022, №6 (140)
, с. 35-39.

ANTON VIKTOROVICH SHAKHOVа

аMain Directorate of the Ministry of Internal Affairs of Russia in Moscow Region

DOI: 10.22394/2070-8378-2022-24-6-35-39

Abstract:
The article focuses on Russian and foreign experiences concerning the acquisition of real estate property rights by foreign citizens. Land and other real estate are of particular economic value and consequently are quite attractive for investment; this causes the increased attention of the legislators to the issue of their possible acquisition into ownership by foreign citizens. Despite the ongoing trend toward extending the national regime to foreign citizens in private legal relations, the legislative regulation is still quite heterogeneous. The available legal tools are rather diverse and include not only the definition of the procedure for acquiring property (if such transactions are allowed at all), but also some indirect measures of influence, including the establishment of specific control over the property of foreign citizens by state authorities, up to implementing their powers to expropriate such property. The strictest requirements are imposed on land, where the legal prescriptions range from a complete ban on its acquisition to the imposition of specific restrictions on land within the border zone or agricultural areas. Restrictions may manifest in establishing specific conditions for the acquisition of real estate, the introduction of permissive procedures for the relevant transactions, and the implementation of the principle of reciprocity.

Keywords:
foreign citizens, national regime, property rights, real estate

Received:
October 28, 2022

References:
Krassov O.I. The foreigners’ rights to acquire land and other real estate in Western European countries. Ekologicheskoye pravo. 2012. No. 3. P. 14–22. In Russian
Totochenko D.A. A land plot as an object of relations concerning the transfer of property rights to citizens. Notarius. 2020. No. 4. P. 45–48. In Russian
Ouedraogo H.M.G. From knowledge to recognition of endogenous African land rights. Le sens du rural aujourd’hui. 2011. No. 187. Р. 79–93. In French

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