2. If this is not excluded by the rules of this Code on the acquisition of ownership of things that the owner has abandoned (Article 226), on finds (Articles 227 and 228), on stray animals (Articles 230 and 231) and treasure (Article 233), ownership of ownerless movable things can be acquired by virtue of acquisitive prescription.

3. Ownerless immovable things are accepted for registration by the body carrying out state registration of rights to real estate, upon application from the local government body in whose territory they are located.

After a year has passed from the date of registration of an ownerless immovable property, the body authorized to manage municipal property may apply to the court with a request to recognize the right of municipal ownership of this thing.

An ownerless immovable property, not recognized by a court decision as having come into municipal ownership, may be again taken into possession, use and disposal by the owner who abandoned it, or acquired into ownership by virtue of acquisitive prescription.

4. In the federal cities of Moscow and St. Petersburg, ownerless real estate located in the territories of these cities is accepted for registration by the bodies carrying out state registration of rights to real estate, upon applications from the authorized state bodies of these cities.

After a year has passed from the date of registration of an ownerless immovable property, the authorized state body of the federal city of Moscow or St. Petersburg may apply to the court with a request to recognize the ownership rights of the federal city of Moscow or St. Petersburg to this thing.

An ownerless immovable property, not recognized by a court decision as having become the property of a federal city of Moscow or St. Petersburg, may be again taken into possession, use and disposal by the owner who abandoned it, or acquired into ownership by virtue of acquisitive prescription.

(Clause 4 was introduced by Federal Law No. 7-FZ of February 9, 2009 - Collection of Legislation of the Russian Federation, 2009, No. 7, Art. 775)

Full text of Art. 225 of the Civil Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 225 of the Civil Code of the Russian Federation.

1. An ownerless thing is a thing that does not have an owner or the owner of which is unknown or, unless otherwise provided by law, the owner of which has renounced the right of ownership.

2. If this is not excluded by the rules of this Code on the acquisition of ownership of things that the owner has abandoned (Article 226), on finds (Articles 227 and 228), on stray animals (Articles 230 and 231) and treasure (Article 233), ownership of ownerless movable things can be acquired by virtue of acquisitive prescription.

3. Ownerless immovable things are accepted for registration by the body carrying out state registration of rights to real estate, upon application from the local government body in whose territory they are located.
After a year has passed from the date of registration of an ownerless immovable property, the body authorized to manage municipal property may apply to the court with a request to recognize the right of municipal ownership of this thing.

An ownerless immovable property, not recognized by a court decision as having come into municipal ownership, may be again taken into possession, use and disposal by the owner who abandoned it, or acquired into ownership by virtue of acquisitive prescription.

4. In the federal cities of Moscow and St. Petersburg, ownerless real estate located in the territories of these cities is accepted for registration by the bodies carrying out state registration of rights to real estate, upon applications from the authorized state bodies of these cities.

After a year has passed from the date of registration of an ownerless immovable property, the authorized state body of the federal city of Moscow or St. Petersburg may apply to the court with a request to recognize the ownership rights of the federal city of Moscow or St. Petersburg to this thing.

An ownerless immovable property, not recognized by a court decision as having become the property of a federal city of Moscow or St. Petersburg, may be again taken into possession, use and disposal by the owner who abandoned it, or acquired into ownership by virtue of acquisitive prescription.

Commentary on Article 225 of the Civil Code of the Russian Federation

1. An ownerless thing is understood as a thing in respect of which no one exercises the powers of possession, use and disposal, that is, it is a thing whose owner is absent, or unknown, or which the owner has abandoned. In other words, this is a situation in which there is an object of law, but there is no subject.

From the materials of judicial practice, it follows that in order to recognize a thing as ownerless, it is necessary that the thing recognized by the court as ownerless be, to the necessary extent, defined as a thing and an object of civil rights (the applicant must indicate the essential features of this thing, allowing it to be determined: identified for further legal possession and use, separate from similar things), since the court decision is an act of justice that finally resolves the case, and therefore its operative part must contain comprehensive conclusions arising from the factual circumstances established in the reasoning part, and not cause difficulties in execution .

2. The acquisition of ownership rights to ownerless things is carried out on the basis of the general provisions of civil legislation, which in a special manner regulate the issues of acquiring ownership rights to movable things and immovable things. In particular, ownership of ownerless movable things can be acquired by virtue of acquisitive prescription, if the ownerless movable thing does not relate to a find, stray animals or treasure.

As for immovable things, in order to acquire ownership rights to them, it is necessary to record them, that is, to officially give them the status of ownerless things. The body carrying out such registration is Rosreestr. Currently, the Ministry of Economic Development of the Russian Federation has developed a draft order "On approval of the Procedure for registering ownerless real estate", according to which the registration and deregistration of ownerless real estate objects is carried out by making entries in the Unified State Register of Rights to Real Estate and Transactions with him.

The basis for recording ownerless real estate is an application from the local government body in whose territory they are located. The application must be submitted in writing, indicating the signs that allow the identification of an ownerless immovable property.

A municipal entity may acquire the right of municipal ownership of such an item, provided that at least one year has passed from the date of registration of such an item. Recognition of the right of municipal property is carried out in a special proceeding upon the application of the body authorized to manage municipal property. If the court refuses to recognize the right of municipal ownership of such a thing, for example, if the owner of such a thing appears, or if an ownerless immovable thing was registered in violation of the procedure for registering such things, then such a thing can be reacquired by the owner who left it or acquired ownership by virtue of acquisitive prescription.

A similar procedure for recognizing ownership of an ownerless immovable property is also in effect in the federal cities of Moscow and St. Petersburg. If such things are located in the territories of these cities, then the authorized state bodies of these cities contact the Rossreestr. We believe that this list of cities of federal significance needs to be supplemented with a city of federal significance such as Sevastopol.

3. Applicable law:
- Code of Civil Procedure of the Russian Federation;
- draft order of the Ministry of Economic Development of the Russian Federation “On approval of the Procedure for registering ownerless real estate” (see URL: http://www.economy.gov.ru/wps/wcm/connect/b52aab804cb7d2948585af12ac4184fa/pp.doc?MOD=AJPERES&CACHEID =b52aab804cb7d2948585af12ac4184fa).

4. Judicial practice:
- ruling of the Sverdlovsk Regional Court dated May 22, 2013 in case No. 33-5661/2013.

Consultations and comments from lawyers on Article 225 of the Civil Code of the Russian Federation

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You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

Article 225. Ownerless things

1. An ownerless thing is a thing that does not have an owner or the owner of which is unknown or, unless otherwise provided by law, the owner of which has renounced the right of ownership.

2. If this is not excluded by the rules of this Code on the acquisition of ownership of things that the owner has abandoned (Article 226), on finds (Articles 227 and 228), on stray animals (Articles 230 and 231) and treasure (Article 233), ownership of ownerless movable things can be acquired by virtue of acquisitive prescription.

3. Ownerless immovable things are accepted for registration by the body carrying out state registration of rights to real estate, upon application from the local government body in whose territory they are located.

After a year has passed from the date of registration of an ownerless immovable property, the body authorized to manage municipal property may apply to the court with a request to recognize the right of municipal ownership of this thing.

An ownerless immovable property, not recognized by a court decision as having come into municipal ownership, may be again taken into possession, use and disposal by the owner who abandoned it, or acquired into ownership by virtue of acquisitive prescription.

4. In the federal cities of Moscow, St. Petersburg and Sevastopol, ownerless real estate located in the territories of these cities are accepted for registration by the authorities carrying out state registration of rights to real estate, upon applications from the authorized state bodies of these cities.

After a year has passed from the date of registration of an ownerless immovable property, the authorized state body of the federal city of Moscow, St. Petersburg or Sevastopol may apply to the court with a request to recognize the ownership rights of the federal city of Moscow, St. Petersburg or Sevastopol to this thing.

An ownerless immovable property, not recognized by a court decision as having become the property of a federal city of Moscow, St. Petersburg or Sevastopol, may be again taken into possession, use and disposal by the owner who abandoned it, or acquired into ownership by virtue of acquisitive prescription.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

The Civil Code considers ownerless property as a thing that can be used by any entity unless it is disputed by its legal owner. Let us further consider the features of such material assets.

Definition

What is ownerless property? Civil Code in Art. 255 contains a definition of such things. They are called objects that do not have legal owners. They also include things whose owners have not been identified/have abandoned them. The regulations provide for a special procedure for registering ownerless property. It involves the following steps:

1. Acceptance of documentation necessary for the acceptance of ownerless immovable property.
2. Legal expertise.

Statement of ownerless property

It is drawn up:

1. authorities of rural, urban settlements, districts, municipalities in relation to objects located within these administrative-territorial units.
2. Executive state structure of federal cities. values ​​in relation to real estate located within their boundaries.

The document is filled out according to the approved form. If the ownerless property is located on the territory of more than 1 municipality, then the form is issued by any local authority. In this case, the document indicates the name of another municipality on whose territory the object is also located.

Supporting documents

First of all, the interested party provides papers certifying the recognition of the property as ownerless. These include, among other things, documents confirming that the object is not included in the federal, state and municipal registers. The interested party also provides a document certifying that the relevant authorities have not registered ownership. Ownerless property can become ownerless if the legal owner abandons it. This fact must also be documented. This is ensured by documents certifying and a written refusal of ownership of the object.

Submission rules

The application is sent by mail, delivered in person or electronically. Paper documents are provided in two copies, except for the cases provided for in regulations. One of the copies must be an original and, after registration or refusal, it is returned to the interested party. Electronic forms must be signed with an enhanced digital signature.

Specifics of the procedure

The application, as well as the documents attached to it, must be registered in the Book of Incoming Papers. The interested party receives a receipt. The decision on registration is made no later than 18 days (calendar) from the date of receipt of documents. After making the necessary entry, the subject who renounced legal possession is sent a corresponding message.

Suspension of the procedure

The legislation provides for cases when the registration process is terminated. Such situations include:

1. Establishing the fact that the object is not ownerless. This is determined by the content of the submitted documents.
2. When applying, the interested party did not present a statement from the legal owner about the refusal of the object, or it does not follow from the available paper that the subject does not want to use and dispose of it.
3. The documents provided do not indicate that the person is the owner.
4. The Unified State Register contains a record of an encumbrance/restriction in relation to the object. However, it does not follow from the documents provided that the interested party knew about them.
5. Within the period provided for consideration of the appeal, the authorized body received papers on the arrest or prohibition of the owner from making transactions with the object.

The procedure is suspended for no more than 1 month.

Explanations

The presence in the Unified State Register of records about the existence of an encumbrance/restriction at the time of sending the application acts as a basis for suspending the procedure. The structure authorized to carry out state registration stops the process and immediately notifies the territorial authority about this. If, during the consideration of the provided documentation, information is received about the arrest or prohibition of the legal owner to carry out transactions with the object, suspending the procedure, he also notifies the authorized structure of the local administration about this. The body that terminated the process must notify the interested person that the ownerless property is not registered. In this case, the subject may provide additional information that serves as a basis for continuing the procedure. When sending a notification to the legal owner, it additionally indicates that the purpose of sending the message is the need to obtain a written refusal of the object and the opportunity to dispose and use it.

Refusal

Ownerless property cannot be registered in cases where:

1. The legal owner of the object provides the authorized body with a document indicating that it has been taken back into possession, disposal and use.
2. The owner will send a document indicating that he has not previously committed actions aimed at renouncing rights to the property. The document may also contain information that the subject did not express his will to stop disposing of, using and owning the object.
3. Within the established period, the legal owner will not send any written notice, or the communications organization will confirm the impossibility of delivering the notice due to the absence of the recipient at the specified address. At the same time, the local government must also fail to provide a document from the owner confirming his renunciation of his rights to the property.
4. At the end of the period established in the application for suspension of the procedure, the entity that sent this application will not report that the reasons that served as the basis for this have been eliminated.
5. Not all co-owners renounced their rights to the property.

The body performing state registration, in the process of reviewing documents, takes measures to establish the real state of affairs with the object. If, based on the results of the measures, it is determined that the registered object does not act as ownerless property, then the continuation of the procedure will be refused. The authorized body must, within five days from the date of adoption of the relevant decision, send a message to the interested person indicating the reasons why it was made.

Deregistration

Ownerless property is excluded from the register in the following cases:

1. Acceptance of an object again into the possession of a subject who previously refused it.
2. State registration of property rights in the manner prescribed by law.
3. Transfer of an object to a person due to acquisitive prescription.
4. State registration of the rights of a previously unknown person, in accordance with which the property was registered.

Additionally

When an object is deregistered as ownerless due to state registration or state ownership, in accordance with Article 225 (clauses 3 and 4), it is considered deregistered from the moment the relevant information is entered into the Unified State Register. The legislation provides a number of guarantees for legal owners. In particular, regardless of the date of registration of the object as ownerless, the owner, who previously renounced his rights, but whose legal possibilities in relation to the property have not been terminated on legal grounds, can apply to the structure authorized to carry out state registration with a request to transfer it to him again possession, disposal and use. This provision is provided for in paragraph 3 225 of the article. In this case, the object will be considered deregistered from the moment the corresponding entry is made in the Unified State Register.

Recognition of law

Ownerless property can be used by an entity that is not the legal owner, or by a financial body (if the item is seized by an authorized executive body within its competence). To acquire formal legal powers in relation to a thing, it is necessary to file documents with the court. These include papers confirming the recognition of real estate as ownerless. We are talking, in particular, about extracts from the Unified State Register containing the corresponding entry. If the appeal to the court took place before the end of the year from the date of registration of the object by the structure performing state registration, the subject will be denied acceptance of the claim. Accordingly, the proceedings will be terminated.

The application must indicate:

1. Object name.
2. Description of the main characteristics.
3. Evidence of the owner’s refusal of ownership of the thing.
4. Confirmation that the subject has taken possession of the object.

For real estate, the date of entering information into the Unified State Register and the body that carried out this procedure are additionally indicated. In addition, evidence is presented indicating the absence of a legal owner of the object.

Consideration of the case

The proceedings are carried out with the involvement of all interested parties. In preparation for the hearing, the court finds out the circle of entities that can provide information about the ownership of the disputed object and sends requests to the relevant organizations. After establishing the fact of refusal of the legal owner, one of the following decisions is made:

1. Recognize the property as ownerless and provide it to the interested party who has taken possession.
2. Transfer the property to a municipality or federal city. meanings. This decision is made in relation to real estate.

The corresponding entries are made in the Unified State Register.

Conclusion

After state registration of property rights (except for state/municipal), the authorized body within five days sends a federation to the executive structure of the city. meaning or local government notice. Operations are carried out in the manner established for notifying the legal owner of the entry of records of an encumbrance/restriction introduced not at the initiative of the latter. When conducting state registration of municipal/state ownership rights to an object, the authorized structure is obliged to send a notice to the entity that has renounced legal ownership. The notification shall indicate the details of the court decision in accordance with which the procedure was carried out. Operations are carried out according to the rules provided for notifying the owner about the completed state registration procedure of the ownership of a municipal entity or subject of the Russian Federation to a land plot or share of a plot, the legal ownership of which was renounced by the previous owner.