Insurance in Ukraine.

Of great importance in securing tenure is the adoption of the Civil Code, Article 12 is directly devoted to how to protect civil rights. In accordance with this article of the Civil Code of the protection of civil rights shall be effected by: · recognition of the right; 

 · restore the situation that existed before the violation of rights, and suppression of acts that infringe or threaten to violate it;

 · recognition of the contested transaction as void and of the consequences of its invalidity, of the consequences of the invalidity of a void transaction;

 · invalidation of an act of public authority or local authority;

· self-protection law;

 · the award to the execution of duty in kind;

· compensation for damages;

 · recovery of a penalty;

· non-pecuniary damage;

 · termination or change of legal relations;

 · non-use of court an act of public authority or local authority which is contrary to law;

· any other remedies provided by law.

 Various legal acts (land, water and forestry legislation) establish common approaches and principles in the creation of the owners of the property rights to real estate.

 In the field of protection of the rights in Russia have done a great institutional work, a system of registering real estate rights and transactions. Less well developed are the real issues of creating cost-effective mechanisms for financial compensation in case of violation of property rights.

 Reducing the risks associated with the implementation of operations on real estate market requires a significant investment of time, financial and other resources. In many ways, the magnitude of these costs depend on the law and above all on how to fix the law and protects the rights of the property.
Article 302 of the Civil Code of the Russian Federation introduced the concept of a bona fide purchaser. Bona fide purchaser - a purchaser of property who does not know and could not know that there is no right of alienation of the property from the person who implements it.
In accordance with this article of the Civil Code, if the property purchased for value from a person who had no right to alienate it, of which the acquirer does not know and could not have known (bona fide purchaser), the owner may reclaim the property from the purchaser when the property is lost the owner or the person to whom the property was transferred by the owner in possession, or stolen from one or the other, or retired from their possession by another against their will. If the donated property was acquired from a person who had no right to alienate the property owner is entitled to claim in all cases. Money, as well as bearer securities can not be claimed by a bona fide purchaser.
The rights of bona fide purchaser of real estate law shall be secured and protected by both the state and the different economic mechanisms. The more stable state of the rights of bona fide purchaser, the lower the costs associated with the acquisition or disposal of property, which in turn allows you to develop dynamic real estate market.
In general, the problematic situation faced by the Russian real estate market, due to the following risks:
 

· risks arising from the fault of employees of the institutions in charge of registration of real estate rights and transactions, of technical and inventory records;

· risks arising from the imperfection of legislation;

· risks associated with the unscrupulous actions of the transferor or the purchasers of real estate, as well as fraud and other types of offenses;

   · risks related to the negligent actions of the transferor and purchasers of real estate [4].

Risks arising from the fault of employees of state agencies

 The legislation provides for the liability of public bodies involved in the process of state registration of rights to immovable property, arising out of damage caused by them at the real estate market. In particular, the Law on Registration of Real Estate defines the responsibilities of institutions of Justice for registration of rights for:

· timeliness and accuracy of entries on the right to immovable property and transactions with them in the Unified State Register of Rights;

· completeness and authenticity of information given out on the Rights of the real estate and transactions with them. In addition, the law provides for the possibility

direction of the payments charged for registration, to ensure the security of registered rights. In accordance with Article 11 of the Law of the Russian Federation from 21.07.97 № 122-FZ "On state registration of immovable property and transactions with them * money received as payment for registration and the provision of such information is used solely to establish, maintain and development of state registration of rights to immovable property and related transactions, including the provision of state guarantees of registered rights. centralized by the share of these funds established by the Government of the Russian Federation in an amount not to exceed five percent of the payments collected and sent to the federal executive authority in the system of state registration of immovable property and transactions with them.

 Given the high cost of real estate transactions, the amount of payments that could potentially be paid to the institutions of justice by covering damage caused by their fault the subjects of the real estate market can be calculated in huge amounts (especially when it comes to legal entities). For compensation in full for the establishment of justice may not have sufficient funds.
The practice when the institution of Justice for registration of rights, aware of the danger of the above situation, created a special guarantee funds. It was assumed that the data will be used by institutions of justice for the damages arising from the subjects of the real estate market caused by institutions of justice. However, in practice the creation of such funds was inappropriate and unjustified. There are several reasons:

· the fund allocated to the structure of institutions of justice only for the purposes of internal accounting and control. In fact, they do not stand out as a separate amount placed on the isolated bank account. If you have any cash shortages funds are debited from your account without taking into account the likelihood of the need to redress the real estate market participants;

· Do not remove the risk that the funds in the account of justice institutions may not be enough to settle the obligation to compensate the damage caused.

Moreover, in the current system of registering real estate rights and transactions clearly established the legal status of payment for registration. To date, established by the Law on registration arrangements for financial support of registration of real estate rights and transactions with the appropriate fee includes admission to the accounts of institutions of justice. Funding for the establishment of Justice and its affiliates at the expense of payment for state registration and the provision of information on registered rights, the expense of the budgets of the Russian Federation and other means not prohibited by law sources. At the same time spending the establishment of Justice and its affiliates shall be in accordance with estimates approved by the registrar of rights, leading the establishment of justice.

 At the same time inherently registration fee is a public duty, as her inherent attributes of the state fee specified in Article 1 of "The notion of public duty" Law of the Russian Federation from 09.12.91 № 2005-1 "On State Duty" [5] , which states: "Under the state fee established by this Law refers to mandatory and valid throughout the territory of the Russian Federation fee is levied for the performance of any legal actions or the issuance of documents by authorized bodies or officials." First, it is binding and valid throughout the territory of the Russian Federation of payment. Secondly, the payment levied for the performance of any legal actions or the issuance of documents by authorized agencies or officials.
In accordance with Art. 13 "Federal taxes and fees" of Part 1 of the Tax Code of the Russian Federation, state tax applies to federal taxes and levies and shall be transferred to the budget. Recognition of registration fees to state duties would change the status of the institutions of justice - the recognition of its budget institution. In this case, the agency is responsible for its obligations at its disposal cash. With a lack of justice for institutions at its disposal funds subsidiary liability for its obligations is the owner of the property. Given that the property is owned by the establishment of Justice of the Russian Federation, and is assigned to the institution of justice on the basis of operational management, the subsidiary responsible for its obligations should bear the subject of the Russian Federation. Thus, to recover the missing funds must be recovered by the relevant treasury of the Russian Federation. Thus, the layout of the damage is done not only among the real estate market participants, but among those who are real estate transactions are not carried out, but regularly paid taxes to the local budget.
Risks associated with the provisions of existing legislation
The main risks in this group due to the fact that the existing legislative and other legal acts do not fully provide the purchasers of the property market and protection of property rights. It is particularly serious obstacle to real estate development and enhance the investment process are the two main groups of problematic situations. First, the Russian law on the rights of buildings and structures are separated from land rights. Secondly, in accordance with the provisions of the Civil Code of the Russian Federation and the Law on Registration of Real Estate real estate market may be deprived of property belonging to him on a number of reasons. For example, the possibility of deprivation of property rights in the case where it appears that the rights have been violated by members of the family housing at a primary dealer of privatization of the apartment or in the transaction of purchase and sale of apartments.
Thus, established in Russia today, the legal structure does not fully guarantee the rights of current owners of real estate.
This "no warranty" covers virtually all real estate, which over the past ten years, making any deal. As a result of this "no warranty" rights:

· increased cost of credit issued under the mortgage;

· significantly increase the cost of housing transactions in the primary.

According to experts, the housing market in the capital difference between the cost of similar housing in the primary and secondary market makes up 20%. However, as a rule, the greater the number of owners changed flat, the lower its cost.

   Risks due to unscrupulous actions of the transferor and purchasers of real estate
This group of risks specifically related to the activities of the right of the transferor and purchasers of real estate market. Problems arising from market participants, in this case is not directly linked to any acts registration authorities, nor the actions of technical and cadastral or the quality level of the current legislation. Such risks are present on the property markets of almost all countries.
Market participants tend to reduce the risks arising in the following ways:

· a careful approach to the analysis of legal documents, partners in the transaction and the terms of the transaction in real estate;

· the introduction of contracts on the basis of which the transfer of the property, safeguard clauses;

· insurance of risks in insurance companies.

Thus, reducing the negative effects can be achieved both by improving the legislation, methodology, and technical procedures (inventory) accounting and the state registration of real estate rights and transactions, as well as through the development of a system of state guarantees, and private insurance.