Information letter of the Presidium of the Supreme Arbitrary Court of the Russian Federation of June 1, 2000. №53
The presidium of the Supreme Arbitration court of Russian Federation has discussed the current judicial practice on a problem on state registration of the rent contracts on uninhabited premises and according to article 16 of the Federal constitutional law "On arbitration courts in Russian Federation" informs the arbitration courts about the recommendations which were worked out.
The chairman of the Supreme Arbitration court of Russian Federation V. Iakovlev
1. Article 1 of the federal Act "On state registration of rights on the real property and transactions with it" refers residential and uninhabited premises to the real property, the right on which, and also the transactions with which are subject to obligatory state registration in cases and in the order defined by the law.
According to part 2 paragraph 6 of article 12 of the federal Act "On state registration of the rights on the real property and transactions with it" the premise (residential and uninhabited) represents a "plant included in composition of buildings and constructions".
2. Taking into consideration that an uninhabited premise is a plant of the real estate distinct from building or construction, in which it is found, but directly linked to it, and that in the local law of Russian Federation there are no special provisions about state registration of the rent contracts of uninhabited premises, to such rent contracts the rules of paragraph 2 of article 651 of the Civil Code of Russian Federation should be applied.
According to paragraph 2 of article 651 of the Civil Code of Russian Federation the rent contract on uninhabited premises, concluded for the period not less than one year, is subject to state registration and it is considered concluded from the moment of such registration. The rent contract on uninhabited premises, concluded for the period of less than one year, is not subject to state registration and it is considered as concluded from the moment, defined according to paragraph 1 of article 433 of the Civil Code of Russian Federation.