NAPR Shares Public Defender’s Recommendation on Restoration of Citizen’s Violated Right

The National Agency of Public Registry (NAPR) shared the Public Defender’s recommendation on restoration of the violated right of citizen N.M.

N.M., on the basis of an ownership certificate issued by the Property Right Commission, was granted the ownership right for a piece of land arbitrarily occupied by him. The Public Registry requested N.M. to present a state approval in order to register the right, on grounds that the land was registered under the state ownership. Later, due to N.M.’s failure to submit the approval, registration process was terminated.

On December 16, 2015, the Public Defender addressed the National Public Registry with a recommendation to register N.M.’s ownership right on the basis of the ownership certificate. It was noted in the recommendation that the certificate issued by the commission represented a document certifying the right to property, on the basis of which the Public Registry Agency was obliged to register N.M.’s ownership right. The Public Defender explained that pursuant to the law on "Recognition of ownership of land owned (used) by physical and private law entities", the Property Right Commission is authorized to recognize the ownership right for illegally occupied land. The commission is authorized by the state to make decisions regarding state-owned land. The abovementioned law does not prohibit recognition of ownership rights for the land registered under the state ownership. Accordingly, the Public Registry Agency registration services are obliged to register ownership rights without additional consent from the state.

The National Agency of Public Registry fully considered the Public Defender’s position and commissioned the Property Registration Department to register N.M’s ownership right for the mentioned real estate.

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