The Commission of the Government on legislative activities agreed on a draft law "On Amendments to Certain Legislative Acts of the Russian Federation on the state registration of rights to immovable property", which should eliminate the possibility of access by third parties other than public bodies, to personal data of real estate rights holders without their consent. The initiator of the bill issued by the Federal Security Service (FSB)
Recall that the information contained in the Unified State Register of rights to immovable property and transactions with it (the Unified State Register), are publicly available and provided upon request of any person in accordance with the Federal Law of July 21, 1997 № 122-FZ. A statement from the Unified State Register contains a description of the property and the exact address of his location, restrictions (encumbrances) of the rights to it, as well as information on the specific legal owner of the object. The possibility of obtaining these data in recent years has made it possible to reveal not one case of unjust enrichment of public servants and parliamentarians.
"However,often aim request for information contained in the Unified State Register, it is not a property, and the personal data of its legal owner "- as stated in the explanatory note to the draft law of the Federal Security Service, published on the government website.
Here is the text of the note: "open access to information about ownership of separate houses, and the identity of their legal owner mode was originally designed to ensure legal clarity and transparency of civil law deals with real estate, ensuring the action of publicity principle in the legal regulation and the implementation of property rights, but the practice application of these provisions, identify emerging trends crime systematization of information on rights holders, they own real property. This is compared with the data obtained from other sources, used in illegal activities aimed at the preparation and commission of crimes ...
Before we understand the true task of the FSB, it is curious to get acquainted with its previous legislative initiatives. Because of the FSB and the "lawodatelnaya Initiative "- a phenomenon in principle, an extremely rare and easily found in the files of the bills received by the federal government.
For example, in October last year, the KGB was asked to correct the legislation on protection and protection of the state border of the country; a year earlier - to change the criminal liability for knowingly false information about a terrorist act; even a year ago - legislatively regulate the complex operational and search activities in order to obtain information about the actions that create an information security threat to Russia.
All of these legal provisions are the responsibility of the FSB. After all, the protection of borders of the country - the patrimony at least of the FSB Border Service, and the fight against terrorism - a key focus of the security services - employment services for the protection of constitutional order and the fight against terrorism, the FSB. Therefore, the active participation of the FSB in changing laws related to these phenomena, looks reasonable. But the combination of the FSB and the regulation, in fact, land and property relations at the legislative level - it seems to equationvumya unknown.
The massive nature of the use of extracts from the Unified State Register in "criminal activities" as announced in the explanatory note "Chekist-lawmaker," now is not installed - at least, the government has not been presented at least scanty list of criminal cases that describe how some raiders seize people's property only with the ability to manage the history of its owners from the Unified State Register excerpts. But opponents of the law certainly could make up for the government's own "list", proving the importance of maintaining open access to the Russian State Register.
We propose to apply to only two investigations of "Novaya Gazeta", related to the property selected spetssubektov: at number 9 on January 30, 2015, we reported on undeclared apartment First Deputy Director Sergey Smirnov, the FSB, and number 79 on July 27, 2015 studied the privatization story and the subsequent sale of the property complex of departmental kindergarten on the ruble FSB generals.
The last story has touched almost the entire board with the currentluzhby and it caused quite a sharp reaction initiators of the bill today.
Recall that shortly after the publication of "Lubyanka on the ruble" was hacked emails of the two authors of this article - Roman Anya and Sergei Kanev. Of course, we can not say that this is without a doubt, electronic anti-state act of vandalism was related FSB, but the coincidence of break-ins and the publication seems to be coincidental.
We know that the cracks are not found in the mail of our journalists is nothing that would indicate a certain "order" or, at least, "sink" of information from the outside - because nothing that was not there.
We also know for sure that our employees in the mail could be found an extract from the Unified State Register, produced in accordance with the requirements of federal law at the request of the Russian State Register. Perhaps this was the trigger for the rapid preparation of the bill? ..
Despite the joy Met FSB government proposal to prohibit public access to Rosreestr, the current bill misty perspektives. This was on condition of anonymity told us several employees of the presidential administration - one from the Control Audit Office of the President, and two - from the State Legal Office of the President, who will give a legal assessment of the current bill before sending it to the State Duma.
"How then publicly justify the feasibility of creating and maintaining the same United People's Front and other public projects, if they seize this tool as a vowel test?" - Asks the administration officer.
With this promise and agree to the two wished to remain not named in this context, the State Duma deputy, counting to get acquainted with the draft law before the end of October (according to their information, the bill will be considered at a meeting of the government it is in these terms). "It is clear that Parliament will take into account the aggregate position Simonenko (Head of the Expert Office of the President -. A.) and Brycheva (Head of the State Legal Office of the President -. A.). But something tellsThat they did with such peremptory norms will not miss. Otherwise, do not understand why we are continuing the debate on the ratification of the 20th article of the UN Convention against Corruption, if they themselves are going to destroy one of the levers detection of corruption? "- Said one of them.
A member of the presidential administration believes that the current bill - "an initiative of one or two people from the FSB, no more," and the public the reasons for it - "an unsuccessful attempt to adapt the procedure for obtaining information under issues related to national security." "The President of such a law will never sign, this one can be sure," - he concludes.
However, the example of the bill once again shows the current split state monolith. Once again it raises vital for modern political question: who will win in this confrontation?
After all, leadership of the FSB, apparently, is not going to stop the elimination of public access to the extracts from the Unified State Register. From the explanatory note to the bill the service also follows that "a similar situation( "Using the information for criminal purposes." - A.) formed by reference to the information contained in the State Real Estate Cadastre, the various registers provided for by the Russian legislation. "
"If this bill is passed, the closure of access to the Unified State Register will be followed by a substantial restriction of access to the Unified State Register of Legal Entities (Entities), which allows everyone who wants to install the owners and executives of companies registered on the territory of Russia", - warns the officer of the government, which we were able to talk.