International practice of the blockchain technology usage in recording and registration systems for land rights

A. V. Nikitin
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Abstract

Purpose: the purpose of this article is to study the current and potential opportunities for using blockchain technology in systems for recording and registering property rights to land.Methods: the work was based on a comprehensive and system analysis, a comparison of international practices for working with blockchain technology, as well as the study and comparison of existing international practices in the subject area under consideration.Results: systems based on blockchain technology can be used in systems for recording and registering rights to land plots, however, they must be adapted to the existing procedure and consider legal requirements. Since an institutional infrastructure is needed to guarantee real estate rights, only the use of closed private or hybrid blockchain technology, administered by employees of a public institution and used by legitimate participants in real estate transactions (e.g., notaries and real estate lawyers) with the provision of proper user identification, can be accepted. into account. These theses are confirmed by practical examples based on the results of the analysis among 12 countries. In states with a high degree of digitalization of rights registration systems, a significant level of involvement of state bodies remains, and a system based on the principles of a private closed blockchain is used as an additional technology that supports existing registration systems.Conclusions and Relevance: blockchain technology can be used as a tool to improve the efficiency of existing land registration systems and increase the security level of ongoing transactions. At the same time, transactions will be transparent, immutable and recoverable. However, taking into account the specifics of registration and transfer of rights, features of legislative and legal norms. It is recommended to continue the discussion of the optimal legal and technical ways to use the opportunities offered by blockchain technology, in accordance with the main functions of accounting and registration systems for land rights.
区块链技术在土地权利记录和登记系统中的国际实践
目的:本文的目的是研究在土地产权记录和登记系统中使用区块链技术的当前和潜在机会。方法:通过全面系统的分析,对区块链技术的国际实践进行比较,并对所考虑的主题领域的现有国际实践进行研究和比较。结果:基于区块链技术的系统可以用于记录和登记土地权利的系统,但是,它们必须适应现有程序并考虑法律要求。由于需要制度性基础设施来保障房地产权利,因此只有使用封闭的私有或混合区块链技术,由公共机构的员工管理,并由房地产交易的合法参与者(例如公证人和房地产律师)使用,并提供适当的用户身份证明,才能被接受。考虑在内。通过对12个国家的实证分析,证实了上述结论。在权利登记系统数字化程度较高的国家,国家机构的参与程度仍然很高,并且基于私有封闭区块链原则的系统被用作支持现有登记系统的额外技术。结论和相关性:区块链技术可以作为一种工具来提高现有土地登记系统的效率,并提高正在进行的交易的安全水平。同时,交易将是透明的、不可变的和可恢复的。但是,考虑到权利登记和转让的具体情况、立法特点和法律规范。建议根据土地权利会计和登记系统的主要功能,继续讨论利用区块链技术提供的机会的最佳法律和技术方法。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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