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Changing the system of registration from the Land Books to the Real Estate Cadaster had a profound influence to the procedural provisions, respectively the procedure of registration, because a shift was made from uncontentious court proceedings to special administrative proceedings. Apart from that, since the 2018 Law on Procedure of Registration in Real Estate and Lines Cadaster came into force, the principle of registration by official duty had been implemented, which was enabled by the use of information technologies in the registration procedure. The procedure of registration may be initiated either by official duty or by request of an interested party, which complicates the procedural provisions to a certain degree, because it requires the situation where the procedure of registration of the same right is initiated in both manners to be regulated. One of the characteristics of the registration procedure in the Real Estate Cadaster is a limited role of authority carrying out the procedure to check the substantive validity of documents sent for registration. e registration is made on the basis of the first instance decision. e appeal (second instance) procedure is always initiated upon request (no appeal by official duty), respectively by lodging an appeal, which is, as opposed to requests within the first instance procedure, can be submitted in paper form. Judicial control of the work of the registry is carried out by the Administrative Court, because an administrative action is allowed against a final (second instance) administrative decision of the registry.
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Živković et al. (2022) studied this question.
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