Problems of prevention of criminal offenses against the acquisition of rights to immovable property


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Authors

  • N.R. Bizhan Shymkent University, Shymkent, Kazakhstan
  • M.A. Yelikbaу M. Auezov South Kazakhstan University, Shymkent, Kazakhstan

DOI:

https://doi.org/10.32523/2616-6844-2023-142-1-99-112

Keywords:

real estate ownership, crime prevention, social credit system, civil servant, official, corruption, appeal, politics, law

Abstract

The article highlights the issues of prevention of criminal offenses against the acquisition of rights to real estate. The work focuses on problematic aspects related to offenses arising from the illegality of the official duties of bodies authorized to register property. The authors conclude that the current legislation restricts their constitutional rights in relation to persons in the process of acquiring these rights. They also substantiate reasons to oblige the registering authority to notify the owner, or user of immovable property within three working days of encumbrances and legal requirements imposed and received in respect of his property; to submit to a higher authority or court the procedure for appealing decisions of employees of the body that refused state registration; and also to resubmit documents for state registration when elimination of deficiencies that served as the basis for refusal of registration consideration of permissive possibilities; indicate the right of the registering authority to appeal the decision to refuse state registration of rights to the immovable property to a higher authority or to a court; on the need to introduce a system of social crediting of a civil servant and persons.
In conclusion, the authors highlight recommendations for improving the domestic legal framework regarding the acquisition of rights to immovable property.

Published

2023-03-31

How to Cite

Bizhan Н. ., & Yelikbaу М. . (2023). Problems of prevention of criminal offenses against the acquisition of rights to immovable property. BULLETIN of L.N. Gumilyov Eurasian National University Law Series, 142(1), 99–112. https://doi.org/10.32523/2616-6844-2023-142-1-99-112

Issue

Section

Статьи