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Lecture notes, cheat sheets
Housing law. Lecture notes: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
1. Regulatory legal acts Constitution - The Constitution of the Russian Federation, adopted by popular vote on 12.12.1993/XNUMX/XNUMX. GC - Civil Code of the Russian Federation: part one dated November 30.11.1994, 51 No. 26.01.1996-FZ; part two dated January 14, 26.11.2001 No. 146-FZ; part three of November XNUMX, XNUMX No. XNUMX-FZ. Liquid crystal - Housing Code of the Russian Federation dated December 29.12.2004, 188 No. XNUMX-FZ. LCD RSFSR- Housing Code of the RSFSR dated June 24.06.1983, XNUMX. Lost power. NK - Tax Code of the Russian Federation: part one dated July 31.07.1998, 146 No. 05.08.2000-FZ; part two dated 117 No. XNUMX-FZ. BC - Budget Code of the Russian Federation dated July 31.07.1998, 145 No. XNUMX-FZ. Town Planning Code - Urban Planning Code of the Russian Federation of December 29.12.2004, 190 No. XNUMX-FZ. ZK - Land Code of the Russian Federation dated October 25.10.2001, 136 No. 3-FXNUMX. Criminal - Criminal Code of the Russian Federation dated 13.06.1996 No. 63-F3. CAO - Code of the Russian Federation on Administrative Offenses dated December 30.12.1991, 195 No. XNUMX-FZ. Mortgage Securities Law Federal Law No. 11.11.2003-FZ of November 152, XNUMX "On Mortgage Securities". Credit History Law - Federal Law of December 30.12.2004, 218 No. XNUMX-FZ “On Credit Histories”. Law on Participation in Shared Construction Federal Law No. 30.12.2004-FZ dated December 214, XNUMX "On Participation in Shared Construction of Apartment Buildings and Other Real Estate and on Amendments to Certain Legislative Acts of the Russian Federation". Law on Cooperatives - Federal Law of December 30.12.2004, 215 No. XNUMX-FZ “On Housing Savings Cooperatives”. Law on the introduction of residential complexes - Federal Law of December 29.12.2004, 189 No. XNUMX-FZ “On the entry into force of the Housing Code of the Russian Federation.” Housing Privatization Law - Law of the Russian Federation dated July 04.07.1991, 1541 No. 1-XNUMX “On the privatization of housing stock in the Russian Federation.” Law amending the Civil Code Federal Law No. 30.12.2004-FZ of December 213, XNUMX "On Amendments to Part One of the Civil Code of the Russian Federation". Law on registration of rights to real estate Federal Law No. 21.07.1997-FZ of July 122, XNUMX "On State Registration of Rights to Real Estate and Transactions with It". Mortgage Law - Federal Law of July 16.07.1998, 102 No. XNUMX-FZ “On Mortgage (Pledge of Real Estate)”. 2. Official publications BVS RF - Bulletin of the Supreme Court of the Russian Federation. VSNDiVS (RSFSR, Russian Federation) - Gazette of the Congress of People's Deputies and the Supreme Council (RSFSR, RF). WG - "Russian newspaper". SAP RF - Collection of acts of the President and the Government of the Russian Federation. NWRF - Collection of legislation of the Russian Federation. SP (RSFSR, RF) - Collection of Government Resolutions (RSFSR, RF). 3. Authorities Ministry of Finance of Russia - Ministry of Finance of the Russian Federation. Ministry of Justice of Russia - Ministry of Justice of the Russian Federation. 4. Others paragraph. - paragraph(s). BTI - Bureau of Technical Inventory. ch. - chapter(s). dr. - other(s). п. - item(s). section. - section(s). RSFSR - Russian Soviet Federative Socialist Republic. rub. - ruble(s). RF - Russian Federation. the USSR - Union of Soviet Socialist Republics. Art. - article(s). approved. - approved. ч. - part(s). Topic 1. The concept of housing law 1.1. Subject of regulation of housing law Housing law is a set of legal norms governing housing relations. In Russia, the emergence of housing law as a relatively new legal entity (80s of the XNUMXth century) was primarily due to the need for an integrated approach to solving issues related to providing citizens with housing. For the first time, a circle of housing relations has been defined in the LCD. According to Part 1 of Art. 4 housing legislation regulates relations regarding: 1) the emergence, implementation, change, termination of the right to own, use, dispose of residential premises of the state and municipal housing stock; 2) use of residential premises of private housing stock; 3) use of the common property of the owners of premises; 4) attribution of premises to the number of residential premises and their exclusion from the housing stock; 5) accounting of the housing stock; 6) maintenance and repair of residential premises; 7) reconstruction and redevelopment of residential premises; 8) management of apartment buildings; 9) the creation and operation of housing and housing-construction cooperatives, associations of homeowners, the rights and obligations of their members; 10) provision of public services; 11) making payments for housing and utilities; 12) control over the use and safety of the housing stock, compliance of residential premises with established sanitary and technical rules and regulations, and other requirements of the legislation. Participants in housing relations are citizens, legal entities, the Russian Federation, constituent entities of the Russian Federation, municipalities. The provisions of the LCD apply to housing relations with the participation of foreign citizens, stateless persons, foreign legal entities, unless otherwise provided by the LCD or other federal law (part 2 of article 4 of the LCD). The peculiarity of housing law lies in the fact that it regulates, on the one hand, organizational relations that develop on the basis of power and subordination (in particular, housing management, accounting for citizens in need of housing and distribution of residential premises), and on the other hand, relations , for which the equality of their subjects is characteristic (relations associated with the use of residential premises). 1.2. The right of citizens to housing Article 40 of the Constitution proclaims the right of every citizen of the Russian Federation to housing. Through the implementation of this right, the satisfaction of the vital human need for housing is ensured. According to the Universal Declaration of Human Rights of 10 December 1948, "everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing, medical care and necessary social services" (Article 25). According to the International Covenant on Economic, Social and Cultural Rights of December 16, 1966 (to which the Russian Federation is a party as the successor of the USSR), “the States Parties to this Covenant recognize the right of everyone to a decent standard of living for himself and his family, including adequate food clothing and housing, and to the continuous improvement of living conditions. The participating States will take appropriate measures to ensure the exercise of this right, recognizing the great importance in this respect of international cooperation based on free consent" (art. 11). The constitutional norm on the right of citizens to housing appeared in Russia relatively recently. This right was first enshrined in the Constitution of the USSR in 1977, and then was reflected in the Constitution of the RSFSR and the Constitution, as well as in codified and other housing laws (Fundamentals of housing legislation of the USSR and union republics of 1981; Housing Code of the RSFSR, Federal Law of 12.01.1996 .9 No. XNUMX-FZ “On Amendments and Additions to the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy””). In part 1 of Art. 40 of the Constitution, the provision on the right to housing ("everyone has the right to housing") contains a guarantee of the protection of this right: "No one may be arbitrarily deprived of housing." Part 2 Art. 40 of the Constitution provides that state authorities and local self-government bodies encourage housing construction, create conditions for the exercise of the right to housing. It should be noted that in connection with the transition to a market economy, the approach to the issue of ways to provide housing for Russian citizens has changed. If earlier they received a significant part of the residential premises from the state, departmental and public housing stock, now the need for housing should be mainly met through individual housing construction, the acquisition of residential premises at their own expense in the housing market or commercial rental of residential premises. Free of charge or for an affordable fee from state, municipal and other housing funds, in accordance with the norms established by law, housing should be provided only to the poor and other citizens specified in the law (part 3 of article 40 of the Constitution). "Other citizens specified in the law" include military personnel, participants in the Great Patriotic War and persons equated to them, persons affected by emergency circumstances (including victims of earthquakes, floods, etc., refugees, forced migrants), and some other categories of citizens. By enshrining the right to housing in the Constitution, the state assumes responsibility for ensuring and protecting this human right, which means the opportunity for everyone to have a home and, in necessary cases, enjoy the protection of the state from its arbitrary deprivation. The JK specifies the provisions of the Constitution on ensuring conditions for the exercise of the right to housing. According to Art. 2 of the LCD, state authorities and local governments, within their competence, provide conditions for citizens to exercise their right to housing, including: 1) promote the development of the real estate market in the housing sector in order to create the necessary conditions to meet the needs of citizens in housing; 2) use budgetary funds and other sources of funds not prohibited by law to improve the living conditions of citizens, including by providing subsidies in the prescribed manner for the acquisition or construction of residential premises; 3) in accordance with the established procedure, provide citizens with residential premises under social tenancy agreements or contracts for the rental of residential premises of the state or municipal housing stock; 4) stimulate housing construction; 5) ensure the protection of the rights and legitimate interests of citizens who purchase residential premises and use them legally, consumers of public utilities, as well as services related to the maintenance of the housing stock; 6) provide control over the implementation of housing legislation, the use and preservation of the housing stock, the compliance of residential premises with established sanitary and technical rules and regulations, and other requirements of the legislation; 7) provide control over compliance with the requirements established by law in the implementation of housing construction. In Russian legislation, the concept of "dwelling" is not fully disclosed, which causes controversy in practice. The term "dwelling" usually refers to a special structure or room specially designed for human habitation: a residential building, an apartment, a room, together with the corresponding ancillary premises (kitchen, corridor, bathroom, hallway, etc.), as well as other objects of a residential building used during its operation (elevator and elevator facilities, other engineering equipment). An analysis of the norms contained in the Constitution and federal legislation shows that at this stage in the development of housing relations, the right to housing can be exercised in the following ways: 1) by providing residential premises under a social tenancy agreement in houses that make up the housing fund for social use. According to the Constitution, only a limited circle of persons has such a right. In accordance with Art. 49 of the LCD, under a social tenancy agreement, residential premises of the state or municipal housing stock are provided. Low-income citizens who, on the grounds established by the LCD, are recognized as in need of residential premises provided under social rental agreements, in accordance with the procedure established by the LCD under social rental agreements, are provided with residential premises of the municipal housing stock. Residential premises of the housing stock of the Russian Federation or the housing stock of a constituent entity of the Russian Federation under social tenancy agreements are provided to other categories of citizens defined by the federal law or the law of the constituent entity of the Russian Federation, recognized on the grounds established by the LC and (or) federal law or the law of the constituent entity of the Russian Federation as in need of residential premises. These residential premises are provided in accordance with the procedure established by the LCD, unless otherwise provided by the specified federal law or the law of the subject of the Russian Federation. The above-mentioned categories of citizens may be provided under social rental agreements with residential premises of the municipal housing stock by local governments if they are vested in the manner prescribed by law with state powers to provide these categories of citizens with residential premises. These residential premises are provided in accordance with the procedure established by the LCD, unless otherwise provided by federal law or the law of a constituent entity of the Russian Federation. Residential premises under social tenancy agreements are not provided to foreign citizens, stateless persons, unless otherwise provided by an international treaty of the Russian Federation; 2) by transferring residential premises for use in accordance with a so-called commercial lease agreement (the wording "commercial lease", corresponding to the economic essence of this type of lease, is not applied in the current legislation (Chapter 35 of the Civil Code), but the general wording "renting residential premises" is used ", extending to this type of hiring, but as a type of hiring a dwelling, social hiring is singled out). Under this agreement, housing from the state, municipal and private housing stock can be rented out on conditions that differ significantly from a social rental agreement. The circle of citizens who have the right to conclude such an agreement is not limited. It should be noted that the norms of the Civil Code, in contrast to the previously existing JK RSFSR and the Law of the Russian Federation dated December 24.12.1992, 4218 No. 1-XNUMX "On the Fundamentals of the Federal Housing Policy", do not provide for the conclusion between citizens and entities providing residential premises for use, lease agreements. Such agreements can only be concluded between the said entities and legal entities, which then transfer the residential premises rented by them for the use of citizens, usually their employees; 3) by building or acquiring residential premises in houses of various housing stocks at their own expense. In this case, it is necessary to take into account the general norm of paragraph 2 of Art. 213 of the Civil Code, according to which the quantity and value of property owned by citizens are not limited, except in cases where such restrictions are established by law for the purposes provided for in paragraph 2 of Art. 1 of the Civil Code (protection of the foundations of the constitutional order, morality, health, rights and legitimate interests of other persons, etc.). Since such restrictions are not provided for by law with regard to residential premises, a citizen may own any number of residential premises without establishing any limits on their area and value. Citizens in many cases solve their housing problems through individual or cooperative housing construction, as well as the conclusion of civil law transactions: purchase and sale, exchange, donation, acquisition of housing by inheritance or through a housing cooperative. The Constitution (Part 2, Article 40) instructs state authorities and local governments to encourage housing construction and create other conditions for the exercise of citizens' right to housing. The right to housing has a complex content and can be reduced to the following main legal possibilities: 1) the possibility of acquiring a dwelling by a citizen in need of it into ownership or obtaining it by the above methods for use; 2) the possibility of stable use of the occupied living quarters, free from outside illegal intrusion; 3) the possibility of using the residential premises not only for the residence of the citizen - the tenant of this premises and members of his family, but also for the transfer of the residential premises, subject to certain conditions, for residence to other citizens on the basis of a sublease agreement or as temporary residents; 4) ensuring in residential buildings (residential premises) a healthy living environment, a living environment worthy of a civilized person; 5) ensuring the protection of citizens from arbitrary deprivation of housing. This shows that the constitutional right to housing is not identical in its content to the subjective right to living space, since, in addition to the ability to use housing, it includes other possibilities. As one of the fundamental human rights, a citizen's right to housing arises from the moment of his birth (Part 2, Article 17 of the Constitution). This property of this right is manifested in the fact that, according to Part 1 of Art. 69 of the LCD, family members of the tenant of housing under a social tenancy agreement, who have equal rights with the tenant, include his minor children living together with him. With regard to the commercial rental of residential premises, minor children of the tenant may be part of citizens permanently residing with him and also have equal rights with him to use residential premises (paragraph 2 of article 677 of the Civil Code). The right to housing has the property of inalienability (Part 2, Article 17 of the Constitution), in connection with which no one can be deprived of it or limited in its scope, except in cases expressly specified in the law. According to part 3 of Art. 55 of the Constitution, the rights and freedoms of a person and a citizen may be limited by federal law only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state. As for the right to housing, even in the event of a state of emergency, it is in accordance with Part 3 of Art. 56 of the Constitution is not subject to restriction. The inalienability of the right to housing has found its concrete expression in Part 4 of Art. 3 of the LC, according to which no one can be evicted from the dwelling or restricted in the right to use the dwelling, including the right to receive public services, except on the grounds and in the manner provided for by the LC, other federal laws. The housing rights of citizens are protected by law. Actions that hinder the exercise of the right to housing are prohibited. The constitutional right of a citizen of Russia to housing corresponds to the obligation of the state to ensure the implementation of this right, which is specified in a number of duties that are narrower in content. The latter, in particular, include the obligations of the state, municipal bodies related to the provision of housing to low-income and other categories of citizens specified in the law and their use of these premises; with the expansion of state and municipal housing stock, assistance in the development of private housing stock and other forms of providing citizens with housing; ensuring the correct distribution of public housing stock; guaranteeing sustainable, stable exercise of the right to use housing. Specific provisions relating to the realization of the right to housing are contained in the norms of the LC, in particular, defining the interests of citizens to be taken into account when providing housing under a social tenancy agreement (Article 58), and the requirements for housing provided under such an agreement ( article 62). Of great importance is the allocation of a special "housing fund for social use" as part of the housing stock - a set of state and municipal housing funds provided to citizens under social rental agreements (clause 1, part 3, article 19 of the LC, part 1, article 672 of the Civil Code) . In addition, if it was not initially established who was provided with housing from this housing stock, then the Constitution introduced changes to the procedure and conditions for providing citizens with housing at the expense of state, municipal and other housing funds, according to which housing from these funds is provided free of charge or for an affordable fee only to the poor and other citizens specified in the law. According to Part 1 of Art. 27 of the Constitution, everyone who is legally located on the territory of the Russian Federation has the right to move freely, choose a place of stay and residence. When interpreting this constitutional norm, it should be borne in mind that the place of residence in the law is understood as both the place where a citizen lives permanently and the place where a citizen lives predominantly, i.e. more than in other places (part 1 of Art. 20 of the Civil Code), therefore, this rule applies to both forms of residence. For a long time in Russia there was the institution of registration, which limited the freedom of citizens to choose their place of residence, since living in residential premises was allowed only if they had a registration, and obtaining the latter required compliance with a number of conditions, which often turned into an insurmountable obstacle for persons wishing to live in a given residential premises. Such obstacles included, for example, the need to comply with the established norm of living space per person, the violation of which was considered as an artificial creation of citizens' need for improved housing conditions. Law of the Russian Federation of June 25.06.1993, 5242 No. 1-17.07.1995 "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation" instead of registration, registration of citizens of Russia was introduced. In accordance with this Law, the Rules for the registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation were adopted (approved by Decree of the Government of the Russian Federation of July 713, 02.02.1998 No. 4). At the same time, an attempt was initially made to introduce restrictions for registration, similar to the restrictions previously established for registration, however, by the Decree of the Constitutional Court of the Russian Federation of 10. have lost their power. In this Resolution, the Constitutional Court of the Russian Federation indicated that by the Law of the Russian Federation "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation", the Government of the Russian Federation is authorized to develop only the procedure for registering and deregistering citizens, but it is not granted the right to establish the grounds for refusal of registration. However, recently there have been more cases of registration in residential buildings owned by citizens by right of ownership, outsiders for these citizens, in connection with which the question is again raised about the need to introduce restrictions on registration, depending on the size of the living area. But the solution to this problem can only be a federal law that allows, in accordance with the norm of the Constitution, in certain cases, the restriction of the rights and freedoms of Russian citizens (part 3, article 1 of the LC). A specific way to resolve it could be to introduce an appropriate addition to the Law of the Russian Federation "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation." At the same time, great care is needed when introducing such restrictions on registration, so that they do not unduly infringe on the interests of citizens. 1.3. Housing rights and obligations of citizens Citizens, at their own discretion and in their own interests, exercise their housing rights, including dispose of them. They are free to establish and exercise their housing rights by virtue of an agreement and (or) other grounds provided for by housing legislation. The exercise by citizens of their housing rights and the fulfillment by them of their obligations arising from housing relations must not violate the rights, freedoms and legitimate interests of other citizens. Citizens legally staying on the territory of the Russian Federation have the right to freely choose residential premises for living as owners, tenants or on other grounds provided for by law. Restriction of the right of citizens to freedom of choice of residential premises for living is allowed only on the basis of the LCD, another federal law (parts 2-5, article 1 of the LCD). Housing rights and obligations arise from the grounds provided for by the Housing Code, other federal laws and other regulatory legal acts of the Russian Federation, as well as from the actions of participants in housing relations, which, although not provided for by such acts, but by virtue of the general principles and meaning of housing legislation give rise to housing rights and responsibilities. In accordance with this, housing rights and obligations arise: 1) from agreements and other transactions provided for by federal law, as well as from agreements and other transactions, although not provided for by federal law, but not contradicting it; 2) from acts of state bodies and local self-government bodies, which are provided for by housing legislation as the basis for the emergence of housing rights and obligations; 3) from a court decision that established housing rights and obligations; 4) as a result of the acquisition of residential premises on the grounds permitted by federal law; 5) as a result of membership in housing and housing cooperatives; 6) due to the actions of participants in housing relations or the occurrence of events with which the federal law or other regulatory legal act connects the emergence of housing rights and obligations. The main housing right of citizens is the right to use a dwelling as an owner, tenant (subtenant), members of their family, temporary resident. At the same time, the law establishes the right of certain categories of persons to provide residential premises for use by other citizens. According to Art. 11 of the LCD, protection of violated housing rights is carried out by the court in accordance with the jurisdiction of cases established by procedural legislation. Protection of housing rights in the administrative order is carried out only in cases provided for by the LCD, other federal law. An administrative decision may be challenged in court. Protection of housing rights is carried out by: ▪ recognition of housing law; ▪ restoring the situation that existed before the violation of housing rights and suppressing actions that violate this right or create a threat of its violation; ▪ recognition by the court as invalid in whole or in part of a normative legal act of a state body or local government body that violates housing rights and contradicts the Housing Code or a federal law adopted in accordance with the Housing Code, another normative legal act that is greater than the specified normative legal act of the state body or body local government, legal force; ▪ non-application of such a normative legal act by the court; ▪ termination or change of housing legal relationship; ▪ other methods provided for by the Housing Code and other federal laws. One of the main housing obligations of citizens is the use of residential premises for their intended purpose. As stated in Art. 17 residential complex, residential premises are intended for citizens. It is allowed to use a dwelling for the implementation of professional activities or individual entrepreneurial activities by citizens legally residing in it, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the dwelling must meet. According to the housing legislation (part 3 of article 17 of the LC), it is not allowed to place industrial production in residential premises. Civil legislation (clause 3 of article 288 of the Civil Code) prohibits placing industrial production in residential buildings, from which it follows that it is unacceptable to provide non-residential premises located in residential buildings for the needs of an industrial nature. The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by the Government of the Russian Federation. The duties of persons using residential premises also include ensuring the safety of the residential premises and maintaining it in proper condition (part 4 of article 30, paragraphs 2-3 of part 3 of article 67 of the LC, part 1 of article 678 of the Civil Code). Article 20 of the LC provides for state control over the use and preservation of the housing stock, regardless of its form of ownership, as well as the compliance of residential premises and utilities with established requirements. This control is carried out by authorized federal executive bodies, state authorities of the constituent entities of the Russian Federation in accordance with the federal law and other regulatory legal acts of the Russian Federation. Unlike the previous legislation, the Civil Code provided for the responsibility of owners for the use of residential premises for other purposes or in violation of the rights and freedoms of neighbors. According to Art. 293 of the Civil Code, if the owner of a dwelling uses it for other purposes or systematically violates the rights and interests of neighbors, the local government may warn the owner of the need to eliminate the violations. In cases where, despite the warning, the owner continues to violate the rights and interests of neighbors or use the residential premises for other purposes, the court, at the request of the local government, may decide to sell such residential premises at public auction with payment to the owner of the proceeds from the sale for deducting the costs of enforcement of the judgment. The law also provided, as a last resort, the possibility of a similar termination of the owner's right to a dwelling in cases of mismanagement of the dwelling, entailing its destruction. This measure can be applied in court after assigning a reasonable period to the owner to repair the premises. The responsibilities of homeowners may include their insurance. Such insurance can be carried out in order to guarantee compensation for losses associated with the loss (destruction) or damage to residential premises, in accordance with the law (Article 21 of the LC RF). 1.4. Assistance of the state and local self-government bodies to citizens in exercising the right to housing Currently, measures aimed at solving the housing problem in Russia are being implemented within the framework of the federal target program “Housing” for 2002-2010, approved by Decree of the Government of the Russian Federation dated September 17.09.2001, 675 No. XNUMX. The main goal of the program is a comprehensive solution to the problem of transition to sustainable functioning and development of the housing sector, ensuring the availability of housing for citizens, safe and comfortable living conditions in it. The main tasks at the present stage are: ▪ creating conditions for the development of the housing and housing and communal services sectors of the economy and increasing the level of housing provision for the population by increasing the volume of housing construction and developing financial and credit institutions of the housing market; ▪ creating conditions for bringing the housing stock and communal infrastructure into compliance with quality standards that ensure comfortable living conditions; ▪ ensuring the availability of housing and utilities in accordance with the effective demand of citizens and standards for the provision of residential premises. As indicated in this program, the new legal conditions create the basis for the implementation of the goals set in practice and require large-scale coordinated actions at all levels of state power and local self-government and the implementation of measures of a regulatory, administrative, organizational, budgetary and financial nature. The severity of problems in the housing sector and the importance of their solution for the socio-economic development of the Russian Federation require the implementation of a set of measures within the framework of the priority national project "Affordable and Comfortable Housing for the Citizens of Russia". The inclusion of the task of forming an affordable housing market and ensuring comfortable living conditions among the priority national projects, along with the development of education and healthcare, determines the social orientation of a new stage of economic transformation in the country. A real opportunity to earn decent housing for significant groups of the population will contribute to the revitalization of their economic activity, and a clear definition of the groups to which society is obliged to meet their housing needs will help overcome the dependency attitudes of a significant part of the country's population. As a result of the implementation of the priority national project "Affordable and comfortable housing for the citizens of Russia", a model for providing housing for the main groups of the population should be formed, significant results have been achieved in improving the living conditions of citizens of the Russian Federation. The second phase of the program implementation (2006-2010) provides for the continuation of reforms in the housing sector, as well as the implementation of a set of measures within the framework of the priority national project "Affordable and Comfortable Housing for the Citizens of Russia". Citizens in the construction or purchase of housing have the right to receive compensation (subsidies), preferential loans, loans in the prescribed manner. Decree of the President of the Russian Federation of December 24.12.1993, 2281 No. XNUMX "On the development and implementation of off-budget forms of investment in the housing sector", in particular, provides for measures to organize a mortgage and other system of lending to the population in the construction, reconstruction and acquisition of housing at the federal, regional and local levels, in including the formation of regional and local funds for the development of housing construction to use the funds of these funds for the construction of social housing, the payment of compensation (subsidies) to the poor and other groups of the population to pay for the construction, purchase and maintenance of housing. This Decree instructed the Government of the Russian Federation, together with the Central Bank of the Russian Federation, to approve the Regulation on housing loans, and also provided for the creation of a special state body - the Federal Agency for Housing Mortgage Lending (currently there is an OJSC "Agency for Housing Mortgage Lending" and similar OJSCs have been created in the constituent entities of RF). To implement the planned measures, the President of the Russian Federation in June 1994 simultaneously issued three decrees, the purpose of which was to assist citizens in the construction (reconstruction) and purchase of housing, to expand the funds of the population and other non-budgetary sources of financing in the housing sector and protect them from inflation, and also creating conditions for providing citizens of the Russian Federation with housing. Decree of the President of the Russian Federation No. 10.06.1994 of June 1180, XNUMX "On Housing Loans" defines the general procedure for providing credit and financial support to the population in solving the housing problem when citizens use their own funds. The Regulation on Housing Loans approved by this Decree establishes the procedure for granting loans by banks in the territory of the Russian Federation to legal entities and individuals for the construction (reconstruction) of housing, the improvement of land plots, as well as for the purchase of housing, subject to a pledge of real estate (mortgage). In accordance with this Regulation, when lending to construction (reconstruction) or the purchase of housing, the bank can provide three types of housing loans: 1) a short-term or long-term loan provided to legal entities and individuals for the acquisition and development of land for future housing construction (land loan); 2) a short-term loan for the construction (reconstruction) of housing, provided to legal entities and individuals to finance construction work (construction loan); 3) a long-term loan provided to individuals and legal entities for the purchase of housing (a loan for the purchase of housing). The Regulation defines the basic principles that must be observed when providing housing loans: targeted use, security, urgency, payment, repayment of the loan. The main documents that determine the relationship between the bank and the borrower when granting a loan are a loan agreement and a pledge (mortgage) agreement. Decree of the Government of the Russian Federation of 11.01.2000 No. 28 "On Measures to Develop the System of Mortgage Lending in the Russian Federation" approved the Concept for the Development of the System of Mortgage Lending in the Russian Federation, in accordance with which the formation of a system of mortgage lending was recognized as one of the priority areas of the state housing politicians. The concept includes a detailed description of the formation of a system of long-term mortgage lending, as well as the organizational and economic mechanism for attracting credit resources in this area. In particular, it provides that: ▪ long-term mortgage housing loans are provided for a period of three years or more (optimally at this stage 10-15 years); ▪ the loan amount is no more than 60-70% of the market value of the property being purchased, which is the subject of collateral; ▪ the borrower is required to make a down payment to pay for housing, usually in the amount of 30-40% of its cost from his own funds; ▪ the loan and interest on it are paid in the form of monthly payments; ▪ the monthly loan payment should not exceed 30-35% of the borrower’s total income for the corresponding billing period. When assessing the likelihood of loan repayment, the lender uses officially confirmed information about the borrower’s current income; ▪ the borrower and all adult members of his family give notarized consent to the release of the residential premises purchased with loan funds and mortgaged in the event of foreclosure. Decree of the President of the Russian Federation of June 10.06.1994, 1182 No. XNUMX "On the issue and circulation of housing certificates" establishes that legal entities that have the rights of a customer in the construction of residential buildings, a land plot allocated in accordance with the established procedure for housing construction and project documentation for housing construction, have the right attract financial resources from citizens of the Russian Federation using housing certificates. According to the Regulations on the issue and circulation of housing certificates, approved by this Decree, housing certificates are a special type of bonds with an indexed nominal value, certifying the right of their owner to purchase an apartment (apartments) subject to the purchase of a package of housing certificates, as well as to receive from the issuer upon request indexed face value of the housing certificate. Housing certificates are issued and circulated in accordance with the rules established by the legislation of the Russian Federation for the issuance and circulation of securities, taking into account the requirements stipulated by the above Regulation. An important feature of housing certificates is that only such housing certificates are allowed for issue and circulation on the territory of the Russian Federation, the prospectus of which has passed state registration with the Ministry of Finance of Russia or its local authorities and the issues have received a state registration number in the prescribed manner. In case of violation of this requirement, the issuance of housing certificates is illegal and invalid. The regulation defines the procedure for registering a prospectus for the issue of housing certificates, the grounds for refusal in it, as well as the procedure for making transactions with housing certificates. The issuer of housing certificates bears on its own behalf obligations under them to the owners of housing certificates. In addition, at present, housing certificates are issued in accordance with the subprogram "Fulfillment of state obligations to provide housing for categories of citizens established by federal legislation" of the federal target program "Housing" for 2002-2010, approved by Decree of the Government of the Russian Federation of December 31.12.2005, 865 No. XNUMX . Its purpose is to provide housing for military personnel, employees of internal affairs bodies subject to dismissal from military service (service), and persons equated to them, as well as other categories of citizens defined by this subprogram. To this end, the subprogram provides for the use of federal budget funds to provide citizens of the categories provided for in it with subsidies for the purchase of housing. Participation in this subprogram is voluntary. The effect of this subprogram applies to military personnel, employees of internal affairs bodies and other categories of persons established in it serving in the relevant state bodies and institutions, the total duration of service of which in calendar terms is 10 years or more (with some exceptions). To exercise their right to receive a subsidy, the above persons, as well as other categories of citizens specified in the subprogram, receive state housing certificates, the issuance and sale of which is currently carried out in accordance with the Rules approved by Decree of the Government of the Russian Federation of March 21.03.2006, 153 No. XNUMX. The received certificate is handed over by its owner to the bank to conclude a bank account agreement and open a bank account intended for crediting the subsidy. Personal or borrowed (credit) funds of a citizen participating in the subprogram may also be credited to this account. The selection of banks participating in the implementation of the subprogram is carried out on a competitive basis. The terms of the competition are determined by the state customer of the subprogram in agreement with the Ministry of Finance of Russia. Citizens - participants of the subprogram can purchase on the housing market from individuals and (or) legal entities (one or more) residential premises (residential premises), including an individual residential building (part of the house), that meets the established sanitary and technical requirements, landscaped in relation to conditions of the settlement chosen for permanent residence, including in rural areas (including outbuildings), both at the expense of a subsidy and with additional involvement of own or borrowed (credit) funds. The owner of the certificate, after the conclusion of the bank account agreement, during the period of its validity, determined depending on the validity period of the certificate, submits a bank account agreement, an agreement for housing and a certificate (s) of state registration of ownership rights to the bank at the place of purchase of housing to pay for the purchased housing to the dwelling(s). In addition to the above-mentioned subprogram, the Federal Law of August 20.08.2004, 117 No. 1-FZ “On the savings and mortgage system of housing for military personnel” is in force, according to which officers who entered into the first contract for military service after January 2005, 1, warrant officers and midshipmen , whose total duration of military service under the contract will be three years starting from January 2005, 1, as well as sergeants and foremen, soldiers and sailors who entered into a second contract for military service no earlier than January 2005, XNUMX and who have expressed their desire to do so, are participants in the savings and mortgage system, according to which a personal savings account is opened for each military personnel. Housing savings accounted for in this account are formed from the following sources: 1) savings contributions from the federal budget; 2) income from investing savings for housing; 3) other receipts not prohibited by the legislation of the Russian Federation. The right to use savings accounted for in a personal savings account arises in the presence of circumstances provided for in Art. 10 of this Federal Law (total duration of military service is 20 years or more; dismissal of a military personnel whose total duration of service is ten years or more on the grounds specified in the above-mentioned Federal Law, etc.). In addition, each participant in the savings-mortgage system, no less than three years after his inclusion in the savings-mortgage system, has the right to conclude a targeted housing loan agreement with the authorized federal body for the purposes of: 1) acquisition of residential premises secured by the acquired residential premises; 2) repayment of the down payment upon receipt of a mortgage credit (loan) and (or) repayment of obligations under such credit (loan). Targeted housing loan is provided for the period of the participant of the accumulative-mortgage system of military service and is interest-free for this period. However, the size of a targeted housing loan cannot exceed the actual amount of funds accumulated by the time it is granted in the personal savings account of a serviceman. Decree of the President of the Russian Federation of June 10.06.1994, 1181 No. XNUMX "On Measures to Ensure the Completion of Unfinished Residential Buildings" is aimed at reducing the cost of maintaining unfinished residential buildings and ensuring their completion and commissioning. This Decree approved the Regulations on the procedure for the transfer for the completion of construction and the sale of unfinished residential buildings, in accordance with which the organization and holding of investment or commercial competitions for the transfer for completion of construction and the sale of unfinished construction due to the lack of financing of residential buildings, consisting of federal property, including those under the jurisdiction of enterprises and the operational management of institutions financed from the federal budget, with the exception of facilities for youth residential complexes. In connection with the deteriorating demographic situation in the country, considerable attention has recently been paid to ensuring an increase in the birth rate, which requires, in particular, the creation of normal living conditions for young families. Relevant activities continue to be carried out within the framework of the subprogram "Providing housing for young families" of the federal target program "Housing" for 2002-2010, the second stage of implementation of which (2006-2010) began on January 1, 2006. In accordance with this subprogram, young families Those recognized as in need of housing are provided subsidies from the budget for the purchase of housing, including the repayment of the down payment when obtaining a mortgage loan or loan for the purchase of housing or the construction of an individual residential house. A participant in the subprogram can be a young family, the age of the spouses of which does not exceed 30 years, or an incomplete family consisting of one young parent, whose age does not exceed 30 years, and one or more children and in need of improved living conditions. The amount of the subsidy is at least 35% of the average cost of housing, determined in accordance with the requirements of the subprogram (including 10% from the federal budget and at least 25% from the budgets of the constituent entities of the Russian Federation and local budgets), - for young families without children, as well as at least 40% of the average cost of housing, determined in accordance with the requirements of the subprogram (including 10% - at the expense of the federal budget and at least 30% - at the expense of the budgets of the constituent entities of the Russian Federation and local budgets), - for young families with one or more children. In addition, the constituent entities of the Russian Federation participating in the implementation of the subprogram additionally provide a young family participating in the subprogram with a subsidy in the amount of at least 5% of the average cost of housing at the birth (adoption) of one child for the purpose of repaying part of the mortgage housing loan or loan or compensating the young family's own funds for the purchase of housing or the construction of individual housing. The condition for receiving a subsidy is that a young family has additional funds - its own funds or funds from a mortgage housing loan or loan necessary to pay for the purchased housing. As the insurance system for housing mortgage loans develops, the possibility of supporting young families from the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets in paying insurance premiums for this type of voluntary insurance will be additionally considered, which will reduce the amount of the down payment when young families receive mortgage loans up to 5-10% of the cost of housing. The procedure for granting subsidies to young families for the purchase of housing, including the payment of a down payment when obtaining a mortgage housing loan or loan, is established by the Government of the Russian Federation. An important step towards solving the housing problem was the adoption of a legislative package consisting of 26 federal laws regulating housing and related relations, which were signed by the President of the Russian Federation in August and December 2004. These laws include the ZhK, the Town Planning Code, the Federal Law "On the accumulative-mortgage system of housing provision for military personnel", the Law on Credit Histories, the Law on Participation in Shared Construction, the Law on Cooperatives, Federal Law No. 30.12.2004-FZ of December 210, XNUMX "On the Basics of Tariff Regulation of Public Utilities Organizations" and a number of other federal laws. They regulate a very wide range of issues related to the problem of providing citizens with housing; while taking into account the changes that have occurred in the socio-economic sphere of life in our country in recent years. The constituent entities of the Russian Federation also adopt their own laws and other regulatory legal acts that provide for the payment of compensation (subsidies) to citizens for the construction and purchase of housing and other types of state assistance and assistance to them in the housing sector. State authorities and local self-government bodies provide assistance and support to citizens both in direct and indirect forms. Direct budgetary support for citizens and legal entities (housing, housing construction cooperatives, homeowners associations, other associations of owners) is carried out by public authorities in order to improve the living conditions of citizens by: 1) targeted assistance to citizens in the acquisition and construction of housing; 2) financing the construction of state and municipal housing provided to those in need of housing; 3) allocation of subsidies for the maintenance, maintenance, repair, operation of the housing stock, as well as the provision of public services. Indirect forms of state incentives contribute to the creation of economic conditions that determine the effective development of the housing market, which encourages investment of funds of citizens and legal entities in the housing sector. Measures aimed at increasing these investments include the provision of incentives for commercial banks that issue long-term mortgage loans to citizens for the purchase of housing, the issuance of municipal housing loans, and other forms of incentives. By providing assistance to citizens in solving the housing problem, the state and local governments create the necessary conditions for housing construction. Of great importance in this case is the regulation of the procedure for providing land plots for such construction. As provided for in Part 1 of Art. 35 of the Town Planning Code, as a result of town planning zoning, residential zones may be determined, which may include areas for residential buildings: 1) individual; 2) low-rise; 3) mid-rise; 4) multi-storey; 5) other types. Residential buildings may also be included in the list of capital construction projects permitted for placement in public and business zones (Parts 2 and 6 of Article 35). The current land legislation contains norms that ensure the provision of land plots for housing construction. In particular, paragraph 4 of Art. 28 of the Land Code provides for the inadmissibility of refusal to provide citizens and legal entities with state or municipally owned land plots for construction, except for the following cases: ▪ withdrawal of land plots from circulation; ▪ the ban on the privatization of land plots established by federal law; ▪ reservation of land plots for state or municipal needs. It is not allowed to refuse to grant the ownership of citizens and legal entities of land plots that are limited in circulation and are in state or municipal ownership, if federal law allows them to be transferred to the ownership of citizens and legal entities. In accordance with the Federal Law of December 29.12.2004, 191 No. 30.1-FZ "On the Enactment of the Town Planning Code of the Russian Federation", the LC was supplemented by Art. XNUMX, according to which separate plots for housing construction are provided in two forms: ownership or lease. At the same time, the provision of land plots for this purpose is simplified, since no prior approval of the location of the facility is required. When a land plot is provided for housing construction on it, an auction is mandatory for the sale of the land plot or for the sale of the right to conclude a lease agreement for the land plot. The procedure for holding such an auction is determined by Art. 38.1 included in the LC by the same Federal Law. A direct contract for the sale or lease of a land plot with a person who submitted an application for its provision is concluded only if the auction is declared invalid on the grounds that less than two participants participated in it. The holding of these auctions to a greater extent will ensure the proper use of land plots provided for housing construction. A stimulating effect on the provision of land plots for housing construction is intended to be provided by a new norm included in the BC by Federal Law No. 20.08.2004-FZ of 111. the budget in full receives income from the sale and lease of state-owned land plots located within the boundaries of municipalities and intended for housing construction (paragraph 60 of this article). As a general rule, the preparation of project documentation is necessary for the implementation of construction. However, in accordance with Part 3 of Art. 48 of the Town Planning Code, the preparation of such documentation is not required during the construction, reconstruction, overhaul of individual housing construction objects (detached residential buildings with no more than three floors, intended for one family). The developer, on his own initiative, has the right to ensure the preparation of project documentation in relation to the objects of individual housing construction. Construction, reconstruction of housing construction objects, as well as their overhaul, if during its implementation the structural and other characteristics of the reliability and safety of such objects are affected, is carried out on the basis of a building permit (part 2 of article 51). To issue a building permit, it is necessary to submit a town-planning plan for the land plot. It should be noted that in the event that an individual or legal entity applies to a local government with an application for the issuance of an urban planning plan for a land plot, it is not required to carry out the procedures provided for in Parts 1-16 of Art. 46 of the Town Planning Code. In such cases, the local self-government body provides the applicant with a town-planning plan of the land plot without charging a fee (part 17 of article 46). A limited range of documents is attached to an application for issuing a building permit for the purposes of construction, reconstruction, overhaul of an individual housing construction facility. Such documents are: 1) title documents for the land plot; 2) town-planning plan of the land plot; 3) a scheme of the planning organization of the land plot with the designation of the location of the individual housing construction object (part 9 of article 51). As well as the provision of an urban planning plan for a land plot at the request of an individual or legal entity, the issuance of a building permit is carried out without charging a fee (part 15 of article 51). A building permit is issued for a period stipulated by the project for organizing the construction of a capital construction facility. A permit for individual housing construction is issued for ten years (part 19 of article 51). The presence in the new urban planning legislation of the above norms simplifies the solution of administrative issues related to the implementation of construction, reconstruction, overhaul of housing construction facilities, and reduces the cost of solving these issues. The increasing spread of housing sales in installments with long payment terms has given rise to the problem of reimbursement of funds invested in housing construction. One way to solve this problem is to issue mortgage-backed securities. The first specific law passed in this area was the Mortgage-Backed Securities Act. In accordance with Art. 2 of the Law, two types of mortgage-backed securities were issued: 1) mortgage-backed bonds; 2) mortgage participation certificates. Federal Law No. 29.12.2004-FZ dated December 193, XNUMX “On Amendments to the Federal Law “On Mortgage-Based Securities”” specifically identifies this type of securities as mortgage-backed housing bonds, which are a type of mortgage-backed bonds. A mortgage-backed housing bond is a mortgage-backed bond that includes only claims secured by a pledge of residential premises. Relations arising in connection with the issue of these bonds are subject to the general rules governing relations arising in connection with the issue of mortgage-backed bonds, with the exceptions provided for by the Law. According to the new rule included in par. 2 hours 3 tbsp. 3 of the Law on Mortgage Securities Federal Law No. 29.12.2004-FZ of December 193, 80, mortgage coverage of mortgage-backed housing bonds cannot include claims secured by a pledge of immovable property whose construction has not been completed. This rule increases the reliability of mortgage coverage for housing bonds with such coverage and protects the interests of purchasers of this type of mortgage-backed securities. The amount (amount) of mortgage-backed claims constituting the mortgage coverage of bonds cannot be less than 1% of the total nominal value of bonds (Part 13, Article XNUMX). The issue of mortgage-backed bonds can only be carried out by mortgage agents and credit institutions. In accordance with paragraph 2 of Art. 102 of the Civil Code, a joint-stock company has the right to issue bonds in an amount not exceeding the amount of the authorized capital or the amount of security provided for these purposes by third parties after full payment of the authorized capital. In the absence of collateral, the issue of bonds is permitted no earlier than the third year of existence of the joint-stock company and subject to proper approval by this time of two annual balance sheets of the company. However, Federal Law No. 29.12.2004-FZ dated December 192, 2 “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On Mortgage-Based Securities”” introduced an addition to this paragraph, according to which the specified restrictions on the issue of bonds do not apply to issue of mortgage-backed bonds. In a similar way, this Federal Law supplemented paragraph 31 of Art. 08.02.1998 of the Federal Law of 14/XNUMX/XNUMX No. XNUMX-FZ “On Limited Liability Companies”. A mortgage agent is a specialized commercial organization that complies with the established Art. 8 of the Law on Mortgage Securities to requirements, the exclusive subject of activity of which is the acquisition of rights of claim on mortgage-backed credits (loans) and (or) mortgages, and which, in accordance with the Law, has been granted the right to issue mortgage-backed bonds. The activity envisaged by the law can be carried out only by a mortgage agent in the form of a joint-stock company (paragraph 4, part 1, article 8 of the Mortgage Securities Law). Mortgage-backed bonds can be issued both in documentary and non-documentary form. They must secure the right of their owners to receive interest, the amount of which is determined by the decision to issue mortgage-backed bonds (Part 1, Article 10). Interest on mortgage-backed bonds must be paid at least once a year (Part 2, Article 10). A mortgage participation certificate is a registered security that certifies the share of its owner in the right of common ownership of mortgage coverage, the right to demand from the person who issued it proper trust management of mortgage coverage, the right to receive funds received in fulfillment of obligations, the claims for which constitute mortgage coverage , as well as other rights provided for by Art. 2. Issuance of mortgage participation certificates can be carried out only by commercial organizations that have licenses to manage investment funds, mutual investment funds and non-state pension funds, as well as credit organizations (part 1 of article 17). The issuance of mortgage participation certificates is the basis for the emergence of a common share ownership of the owners of these certificates for the mortgage coverage under which they are issued, and the establishment of trust management of such mortgage coverage. Common shared ownership of mortgage coverage arises simultaneously with the establishment of trust management of this mortgage coverage (Part 2, Article 17). The law establishes a special regime of common shared ownership of holders of mortgage certificates of participation, according to which the division of property constituting mortgage coverage and the separation of a share in kind from it are not allowed. In addition, a condition of the contract of trust management of mortgage coverage is the refusal of an individual or legal entity from exercising the pre-emptive right to acquire a share in the right of common shared ownership of the property constituting the mortgage coverage. In this case, the corresponding right is terminated (part 2 of article 18). Each mortgage participation certificate certifies the same scope of rights, including the same share in the common ownership of the mortgage coverage. Such a certificate is a non-documentary security having no par value. Mortgage participation certificates are freely circulating, including through trade organizers on the securities market. The issue of mortgage-backed securities provides additional attraction of funds from individuals and legal entities to housing construction and thereby contributes to solving the housing problem. Housing construction is expensive and therefore in many cases is carried out using borrowed funds. At the same time, lenders must be confident that the borrower will properly fulfill its obligations. To a certain extent, the Credit History Law adopted in 2004 should help create such confidence. According to paragraph 1 of Art. 3, credit history means information, the composition of which is determined by this Law and which characterizes the borrower’s fulfillment of its obligations under loan (credit) agreements and is stored in the credit history bureau. Credit history consists of three parts: 1) title; 2) main; 3) additional (closed). The title part contains information about the subject of the credit history - the borrower (individual or legal entity). The main part contains those specified in Art. 4 information about the borrower and information regarding the obligation of the borrower (for each credit history entry). Here, in particular, there should be information about the amount of the borrower's obligation as of the date of conclusion of the loan (credit) agreement, the term for fulfilling the obligation in full, the term for paying interest in accordance with the loan (credit) agreement, the date and amount of the actual fulfillment of the borrower's obligations in full and (or) incomplete amounts, on the repayment of a loan (credit) at the expense of collateral in the event that the borrower fails to fulfill its obligations under the agreement; on the facts of consideration by the court of disputes under a loan (credit) agreement and the content of the operative parts of judicial acts that have entered into force, with the exception of the information specified in the additional (closed) part of the credit history. The additional (closed) part of the credit history contains information regarding the source of the formation of the credit history and its users. The Credit History Bureau is a legal entity registered in accordance with the legislation of the Russian Federation and providing, in accordance with the Law on Credit Histories, services for the formation, processing and storage of credit histories, as well as for the provision of credit reports and related services. A mandatory requirement for a credit history bureau is that it has a license to carry out activities for the technical protection of confidential information. The federal executive body authorized to exercise the functions of control and supervision over the activities of credit history bureaus (currently the Federal Financial Markets Service) maintains the state register of credit history bureaus. The grounds for refusing to make an entry about a legal entity in this register are provided for in Part 7 of Art. fifteen. The source of the formation of a credit history is an organization that is a lender (creditor) under a loan (credit) agreement and submits information included in the credit history to the credit history bureau. This information is provided on the basis of an agreement on the provision of information services (part 1, article 5). The source of credit history formation provides information to the credit history bureaus only if there is a written or otherwise documented consent of the borrower. The borrower's consent to submit information to the credit bureau can be obtained in any form that makes it possible to unequivocally determine whether such consent has been obtained (part 4, article 5). In accordance with Part 3 of Art. 5 credit institutions are required to provide all available information as defined in art. 4, in relation to all borrowers who have agreed to submit it, in the above order, to at least one credit history bureau included in the state register of credit history bureaus. An individual entrepreneur or a legal entity that has received a written or otherwise documented consent of the subject of the credit history to receive a credit report for concluding a loan (credit) agreement can act as a user of a credit history. A credit report is a document that contains information that is part of a credit history, and which the credit history bureau provides at the request of the user of the credit history and other persons entitled to receive this information in accordance with the Credit History Law. At the same time, the user of the credit history is not provided with information constituting its additional (closed) part. The credit report is provided to the user of the credit history on the basis of an agreement with the credit bureau on the provision of information services. In addition to the user of the credit history, the credit report can be provided, upon his request, to the subject of the credit history itself for familiarization with it. In addition, the title part of the credit report is submitted to the Central Catalog of Credit Histories. An additional (closed) part of the credit history is submitted to the court (judge) in a criminal case that is in its proceedings, and if the prosecutor agrees, to the preliminary investigation bodies in an initiated criminal case that is in their proceedings. The central catalog of credit histories is created by the Bank of Russia. This catalog stores information that makes up the title parts of credit histories maintained by credit history bureaus on the territory of the Russian Federation, information about which credit history bureaus store credit histories corresponding to the specified title parts, as well as codes of subjects of credit histories or information that allows you to determine the correctness presented (entered, contained in the request) code of the subject of the credit history. The central catalog of credit histories provides information about the credit history bureau, which stores (stores) the credit history (credit histories) of the subject of the credit history, this subject of the credit history (credit histories) and users of the credit history (credit histories) in the form and in in the manner established by the Bank of Russia, free of charge. The recent state policy in the field of taxes and fees has contributed to the creation of more favorable conditions for housing construction. Federal Law No. 20.08.2004-FZ of August 104, 4 “On Amendments to Article XNUMX of the Law of the Russian Federation “On State Duty”” established a small amount of state duty paid for notarization of mortgage agreements in cases where such certification is provided for by law: for the certification of agreements on the mortgage of residential premises as security for the repayment of a credit (loan) granted for the purchase or construction of a residential building, apartment - 200 rubles; for the certification of agreements on the mortgage of other real estate - 0,3% of the amount of the agreement, but not more than 3000 rubles. (at the usual rate for notarial certification of contracts, which was 1,5% of the contract amount). The same Federal Law abolished the payment of the state fee for the state registration of an agreement on the pledge of real estate (mortgage agreement) and for the issuance of a document on this registration, as well as for the provision of an extract from the register of state registration of a mortgage agreement. After the Law of the Russian Federation "On the State Duty" became invalid from January 1, 2005 in accordance with Federal Law No. 02.11.2004-FZ of November 127, 4 "On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation, and also on the invalidation of certain legislative acts (provisions of legislative acts) of the Russian Federation" the issue of the amount of state duty paid for the state registration of mortgage agreements, with the exception of mortgage agreements for ships and aircraft, as well as inland navigation vessels, was similarly resolved (subject to 1 paragraph 333.24 article 500 of the Tax Code). At the same time, for the state registration of a mortgage agreement, including making an entry in the Unified State Register of Rights to Real Estate and Transactions Therewith about mortgage as an encumbrance of rights to real estate, the state duty is paid by individuals - in the amount of 2000 rubles, organizations - in in the amount of 22 rubles. (signature 1, clause 333.33, article XNUMX of the Tax Code). In accordance with the additions made to paragraph 2 of Art. 146 and paragraph 3 of Art. 149 of the Tax Code, transactions for the sale of land plots (shares in them), the sale of residential buildings, residential premises, as well as shares in them and the transfer of a share in the right to common property in an apartment building when selling apartments are not subject to value added tax (see Federal Law No. 20.08.2004-FZ of August 109, 146 "On Amendments to Articles 149 and 1 of Part Two of the Tax Code of the Russian Federation", which entered into force on January 2005, XNUMX). Previously, services for the provision of residential premises in the housing stock of all forms of ownership were exempted from value added taxation (subclause 10, clause 2, article 149 of the Tax Code). Significant tax benefits are provided for the purchase and sale of residential premises and land plots. So, in accordance with paragraph. 1 and 2 subp. 1 clause 1 art. 220 of the Tax Code (see Federal Law No. 20.08.2004-FZ of August 112, 220 “On Amendments to Articles 224 and 1 of Part Two of the Tax Code of the Russian Federation”), when determining the size of the tax base, the taxpayer has the right to receive property tax deductions in the amounts received by him in the tax period from the sale of residential houses, apartments, rooms, including privatized residential premises, land plots and shares in the specified property, which were owned by the taxpayer for less than three years (previously this period was five years), but not exceeding a total of XNUMX million rubles . When selling this property and shares in it that were owned by the taxpayer for three years or more, a property tax deduction is provided in the amount of the full amount received by the taxpayer upon their sale. Instead of using the right to receive the specified property tax deduction, the taxpayer has the right to reduce the amount of his taxable income by the amount of actually incurred and documented expenses related to the receipt of these incomes. The taxpayer has the right to receive a property tax deduction in the amount spent by him for new construction or the acquisition in the territory of the Russian Federation of a residential building, apartment, room or share (shares) in them, in the amount of actually incurred expenses, as well as in the amount directed to the repayment of interest on targeted loans (credits) received from credit and other organizations of the Russian Federation (and not only on mortgage loans received by the taxpayer in banks of the Russian Federation, as previously provided) and actually spent by him on new construction or the acquisition of a residential building, apartment, room in the territory of the Russian Federation or share(s) in them. Acceptance for the deduction of expenses for the completion and finishing of the acquired house or the finishing of the acquired apartment, room is possible if the contract on the basis of which such an acquisition was made indicates the acquisition of an unfinished building, apartment, room (rights to an apartment, room) without finishes or shares (shares) in them. The total amount of this property tax deduction cannot exceed 1 million rubles. excluding amounts aimed at repaying interest on targeted loans (credits) received from credit and other organizations of the Russian Federation and actually spent by him on new construction or the acquisition of a residential building, apartment, room or share (shares) in them on the territory of the Russian Federation. It is not allowed to re-grant such a property tax deduction to a taxpayer. If in the tax period the property tax deduction cannot be used in full, its balance can be transferred to subsequent tax periods until it is fully used (subclause 2, clause 1, article 220 of the Tax Code). In accordance with Federal Law No. 20.08.2004-FZ of August 112, 2, from the amounts of savings on interest when taxpayers receive borrowed (credit) funds in excess of the amounts specified in paragraph 212 of Art. 35 of the Tax Code, for which an increased (5%) tax rate is established, excludes income in the form of material benefits received from savings on interest for the use by taxpayers of targeted loans (credits) received from credit and other organizations of the Russian Federation and actually spent by them on new construction, or acquisition on the territory of the Russian Federation of a residential building, apartment or share (s) in them, on the basis of documents confirming the intended use of such funds (paragraph 2, clause 224, article XNUMX of the Tax Code). The same Federal Law Art. 224 of the Tax Code is supplemented by clause 5, establishing with respect to income in the form of interest on mortgage-backed bonds issued before January 1, 2007, as well as on income of founders of trust management of mortgage coverage received on the basis of the acquisition of mortgage participation certificates issued by the manager of mortgage coverage until January 1, 2007, a reduced tax rate (9%). According to paragraph 18, part 2 of Art. 250 of the Tax Code, non-operating income taken into account when determining the tax base for calculating corporate income tax is the amount of accounts payable (obligations to creditors) written off due to the expiration of the limitation period or on other grounds, except for the cases provided for in subpara. 21 p. 1 art. 251 NK. However, Federal Law No. 20.08.2004-FZ of August 105, 250 "On Amendments to Articles 251 and 1 of Part Two of the Tax Code of the Russian Federation" supplemented this clause with an indication that its provisions do not apply to writing off accounts payable by a mortgage agent in the form of obligations to owners mortgage-backed bonds. In addition, paragraph 251 of Art. 29 of the Tax Code of the same Federal Law supplemented sub. XNUMX, according to which, when determining the specified tax base, income in the form of property, including cash, and (or) property rights received by a mortgage agent in connection with its statutory activities is not taken into account. Thus, mortgage agents, i.e. specialized commercial organizations, the exclusive subject of whose activity is the acquisition of rights of claim on credits (loans) secured by mortgages and mortgages, and which are granted the right to issue mortgage-backed bonds, as well as citizens selling and housing buyers are provided with significant tax benefits. In accordance with the new wording of paragraph 4 of Art. 284 of the Tax Code establishes reduced tax rates that should be applied when determining the tax base for calculating corporate income tax on transactions with mortgage-backed securities. Thus, for income in the form of interest on mortgage-backed bonds issued after January 1, 2007, and income of founders of trust management of mortgage coverage received on the basis of the acquisition of mortgage participation certificates issued by the manager of mortgage coverage after January 1, 2007, a tax rate of 15% (with a general tax rate of 24%). For income in the form of interest on mortgage-backed bonds issued before January 1, 2007, and income of founders of trust management of mortgage coverage received on the basis of the acquisition of mortgage participation certificates issued by the manager of mortgage coverage before January 1, 2007, a tax rate of in the amount of 9% (see Federal Law No. 20.08.2004-FZ of August 107, 284 "On Amendments to Article XNUMX of Part Two of the Tax Code of the Russian Federation"). Federal Law No. 20.08.2004-FZ of August 116, 8 “On Amendments to Article 3 of the Law of the Russian Federation “On Payment for Land”” established a preferential tax rate for the tax on lands provided to individuals for individual housing construction or occupied by housing stock (state, municipal, public, cooperative, individual). The specified tax was levied on the entire area of the land plot in the amount of 10% of the land tax rates established in cities and towns, but not less than XNUMX rubles. per sq. m. From January 1, 2005, the relevant tax rates are directly established by the regulatory legal acts of the representative bodies of municipalities (the laws of the federal cities of Moscow and St. Petersburg) and cannot exceed 0,3% (with a total tax rate of 1,5%) of the cadastral value of land plots as of January 1 of the year that is a tax period in respect of land plots occupied by housing stock and engineering infrastructure facilities of the housing and communal complex (with the exception of the share in the right to a land plot attributable to an object that is not related to the housing stock and objects engineering infrastructure of the housing and communal complex) or provided for housing construction (Articles 390-391, 394 of the Tax Code). 1.5. Housing law principles In the sphere of housing relations, as in any other area of social relations regulated by law, the principle of legality operates. The application of this principle to housing relations has its own specifics. Thus, these relations are regulated not only by the Constitution and federal laws, like many other relations, but also by laws and other regulatory legal acts of the constituent entities of the Russian Federation. Therefore, in order to comply with this principle, it is necessary to comply with the requirements of not only federal legislation, but also the legislation of the constituent entities of the Russian Federation. In addition, in order to implement this principle, it is necessary that regional regulatory legal acts adopted on housing law do not contradict federal legislative acts. In the event of a discrepancy between the two, the norms of the federal law should be applied as having greater legal force. There is also specificity in the nature of those relations that are subject to the principle of legality as a principle of housing law. Thus, it is very important to observe the rule of law when registering citizens in need of residential premises, providing housing on the terms of social employment, where violations are often encountered in practice. Similarly, it is unacceptable to violate housing standards when concluding, executing and terminating contracts of both social and commercial employment, as well as other rules related to the field of housing relations. The principle of stability of the right to housing is expressed in ensuring the special stability of the use of housing. In this regard, the Constitution (Part 1, Article 40) provides for the inadmissibility of arbitrary deprivation of housing. According to part 4 of Art. 3 of the LCD, no one can be evicted from a dwelling or restricted in the right to use a dwelling, including the right to receive public services, except on the grounds and in the manner provided for by this Code, other federal laws. This principle has been further developed in the housing and civil legislation, which provides for a limited list of grounds for terminating the contract for the rental of residential premises at the request of the landlord and it is established that such termination of the contract is carried out in court (part 4 of article 83 of the LC, paragraph 2 of article 687 GK). The next principle of housing law is the principle of accessibility to the use of housing, which is expressed in providing all citizens with a real opportunity to have housing and use it on various grounds: on the basis of ownership, under a social or commercial contract, etc. The implementation of this principle is ensured primarily through the provision assistance to citizens from the state, municipalities, enterprises, organizations, military units and formations in the acquisition or construction of housing. This assistance is provided in the form of assistance to citizens in obtaining bank loans, the direct provision of gratuitous subsidies, the establishment of tax incentives, and the issuance of housing securities. This principle is also implemented through the provision of residential premises for rent or on other grounds to poor citizens, military personnel and other categories of citizens specified in the law who need housing. The principle of the inviolability of the home is aimed at ensuring such conditions for the use of residential premises that ensure the peace of citizens and limit the receipt of information about their private life without their consent. To achieve these goals, Art. 25 of the Constitution clearly states that no one has the right to enter a dwelling against the will of the persons living in it, except in cases established by federal law, or on the basis of a court decision. In relation to this norm, it is important to note that the prohibition of entry into a dwelling means not only the inadmissibility of entering the dwelling, but also the inadmissibility of obtaining information about what is happening in it (for example, by installing listening devices in a dwelling) without the consent of the citizens living in it . Illegal entry into a dwelling, committed against the will of the persons living in it, constitutes a crime (Article 139 of the Criminal Code). According to part 3 of Art. 3 of the LCD, entry into a dwelling without the consent of citizens legally residing in it is allowed in cases and in the manner prescribed by federal law, only in order to save the lives of citizens and (or) their property, ensure their personal safety or public safety in emergency situations, natural disasters , catastrophes, mass riots or other circumstances of an emergency nature, as well as for the purpose of detaining persons suspected of committing crimes, suppressing committed crimes or establishing the circumstances of a committed crime or an accident. 1.6. Place of housing law in the system of law In legal science, there are different opinions about the legal nature of housing law. According to a number of scholars (I. L. Braude, V. N. Litovkin and others), housing law is an institution, an integral part or sub-branch of civil law. This point of view was expressed mainly in the period before the adoption of separate housing legislation (Fundamentals of Housing Legislation of the USSR and the Union Republics; JK RSFSR) and is based on an understanding of housing law as a right that mainly regulates the use of residential premises. As for other legal norms, in particular those regulating the management of the housing stock and its operation, they are considered by the authors who adhere to such a position as norms regulating other, non-housing relations. At the same time, from the content and meaning of the current housing legislation, it is obvious that housing law currently acts as a set of legal norms, which is not limited only to the regulation of the use of residential premises, but covers the entire range of issues related to the formation and use of the housing stock, including management issues character. Accordingly, there is a view according to which housing law is nothing more than a complex branch of law or legislation, which combines the norms and legal institutions of civil, administrative and other branches of law (S. M. Korneev, Yu. K. Tolstoy, P. I. Sedugin, P. V. Krasheninnikov). The literature also suggests that housing law is an independent branch in the system of law (P.S. Nikityuk). This point of view, in our opinion, is correct. Without touching on the general theoretical question of the legitimacy of distinguishing the so-called complex branches of law, it should be noted that housing is such a specific and socially significant type of material good used by a person that the relations arising on this occasion are an independent object of legal regulation. The existence of housing law as a separate branch of law is also confirmed by what happened in the 80s. XNUMXth century isolation and codification of housing legislation, which is generally not characteristic of the so-called complex branches of law, even if their existence is recognized as real, although in legal science it also causes controversy. At the same time, it should be noted that a feature of housing law as a branch of law, which largely causes non-recognition of its separate existence in the system of law, is that many of the norms of this law are adjacent to the norms of civil, administrative, land, financial law, since they others govern the same relationships. Meanwhile, housing and legal norms are not aimed at regulating managerial, property, credit and other relations as such, which is characteristic of the norms of the branches of law that specifically regulate these relations, but are aimed at ensuring that the specific needs of citizens in housing are met, that is, they regulate the relevant relations from a different point of view, from a different angle. A specific feature of social relations regulated by the norms of housing law is that they arise in connection with a special material object - a dwelling (a residential building, an apartment, a room, etc.), specially designed for citizens to live. Housing relations are also characterized by a special circle of subjects. Thus, their participants are, firstly, housing authorities, the functions of which are performed by the relevant state, municipal and other bodies, and housing maintenance organizations, and secondly, citizens acting as owners of residential premises, their tenants, subtenants, temporary residents etc. Housing law as a branch of law has its own method of legal regulation. This method can be defined as imperative-diapositive. Thus, the norms establishing the general provisions of housing law, regulating the procedure for managing the housing stock, accounting for citizens in need of residential premises, etc., are characterized by the regulation of social relations through prescriptions of an authoritative nature. At the same time, relations arising in connection with the use of residential premises are regulated to a large extent by dispositive rules, i.e., allowing for the determination of their content depending on the discretion of the parties. Such, in particular, are the rules for hiring, sub-leasing residential premises, and residing in them for temporary residents. Housing law, being a branch of law, has its own system, which consists of legal institutions that include legal norms that regulate the corresponding groups of homogeneous housing relations. The central institution of housing law is the institution of hiring residential premises, which applies to the use of a significant part of residential premises for the residence of citizens. Topic 2. Sources of housing law 2.1. The concept of housing legislation. Types of Housing Law Sources Housing legislation - a system of laws, other regulatory legal acts, by means of which housing legal relations are established, changed or terminated. According to paragraph "to" Art. 72 of the Constitution, housing legislation is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation. Thus, the subjects of the Russian Federation are granted the right to have their own housing legislation on issues not regulated by federal legislation. Laws and other regulatory legal acts of the constituent entities of the Russian Federation cannot contradict federal laws, but if there is a contradiction between a federal law and another act issued in the Russian Federation, a federal law (part 5 of article 76 of the Constitution) applies. Outside the jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction of the Russian Federation and its subjects, the subjects of the Russian Federation have the full power of state power (Article 73 of the Constitution), including their own legal regulation of housing relations, adopting laws and other regulatory legal acts. In the event of a conflict between a federal law and a regulatory legal act of a constituent entity of the Russian Federation issued on an issue that is outside the jurisdiction of the Russian Federation and the powers of the Russian Federation on subjects of joint jurisdiction of the Russian Federation and the constituent entity of the Russian Federation, the regulatory legal act of the constituent entity of the Russian Federation shall apply (part 6 of article 76 constitution). In accordance with paragraph "to" Art. 72 of the Constitution, the sources of housing law are divided into two main groups: 1) federal housing laws and other regulatory legal acts adopted in accordance with them at the federal level; 2) laws and other normative legal acts of the subjects of the Russian Federation. According to part 2 of Art. 5 LC housing legislation consists of the LC, other federal laws adopted in accordance with it, as well as decrees of the President of the Russian Federation issued in accordance with them, decrees of the Government of the Russian Federation, regulatory legal acts of federal executive authorities, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments. An important law regulating housing relations is the Housing Code, which entered into force on March 1, 2005, the need for which is long overdue in connection with the transition to market relations, which required a fundamentally different approach to solving the housing problem. If earlier the state assumed the obligation to provide its citizens with housing, then in the new conditions the vast majority of citizens must purchase and build residential premises at their own expense. The task of the state is to assist citizens in this, including through the use of market mechanisms. In accordance with Art. 4 of the Law on the introduction of the LCD, until the laws and other regulatory legal acts in force on the territory of the Russian Federation are brought into line with the LCD, laws and other regulatory legal acts are applied insofar as they do not contradict the LCD and the specified Federal Law. The normative legal acts of the Supreme Soviet of the RSFSR, the Supreme Soviet of the Russian Federation, which are not laws, and the normative legal acts of the Presidium of the Supreme Soviet of the RSFSR, the President of the Russian Federation, the Government of the Russian Federation, as well as the normative legal acts of the Supreme Soviet of the USSR applied on the territory of the Russian Federation, which are not laws, are not which are laws, and normative legal acts of the Presidium of the Supreme Soviet of the USSR, the President of the USSR, the Government of the USSR on issues that, according to the LC, can only be regulated by federal laws, are valid until the entry into force of the relevant federal laws. To housing relations that arose before the entry into force of the LC, the LC is applied in terms of those rights and obligations that arise after its entry into force, with the exception of cases provided for in Art. 5 of the Law on the introduction of the LCD. For the first time in the LCD, an attempt was made to clearly delineate the competence of state authorities of the Russian Federation and subjects of the Russian Federation in the field of housing relations. This distinction should be taken into account when the said bodies adopt laws and other normative legal acts regulating these relations. Thus, the competence of state authorities of the Russian Federation in the field of housing relations includes: 1) determination of the procedure for state accounting of housing stock; 2) establishing requirements for residential premises, their maintenance, maintenance of the common property of the owners of premises in apartment buildings; 3) determination of the grounds for recognizing poor citizens as in need of residential premises provided under social rental agreements; 4) determining the procedure for providing poor citizens under social rental agreements with residential premises of the municipal housing stock; 5) determination of other categories of citizens in order to provide them with residential premises of the housing stock of the Russian Federation; 6) determining the procedure for providing residential premises of the specified housing stock to citizens who need residential premises and whose categories are established by federal law; 7) determination of the grounds for the provision of residential premises under contracts for the employment of specialized residential premises of state and municipal housing stocks; 8) determining the procedure for organizing and operating housing and housing-construction cooperatives, the legal status of their members, including the procedure for providing them with living quarters in the houses of these cooperatives; 9) determining the procedure for organizing and operating homeowners associations, the legal status of members of these associations; 10) determination of the conditions and procedure for the reconstruction and redevelopment of residential premises; 11) determination of the grounds and procedure for recognizing residential premises as unfit for habitation; 12) recognition in accordance with the established procedure of residential premises included in the housing stock of the Russian Federation as unsuitable for habitation; 13) establishment of rules for the use of residential premises; 14) determination of the grounds, procedure and conditions for the eviction of citizens from residential premises; 15) legal regulation of certain types of transactions with residential premises; 16) establishing the structure of payment for residential premises and utilities, the procedure for calculating and making such a payment; 17) monitoring the use and safety of the housing stock of the Russian Federation, the compliance of the residential premises of this fund with established sanitary and technical rules and regulations, and other legal requirements; 18) other issues related to the competence of state authorities of the Russian Federation in the field of housing relations by the Constitution, the LCD, other federal laws (Article 12 of the LCD). In accordance with Art. 13 of the LCD, the competence of state authorities of a constituent entity of the Russian Federation in the field of housing relations includes: 1) state accounting of the housing stock of a constituent entity of the Russian Federation; 2) determining the procedure for providing residential premises of the specialized housing stock of a constituent entity of the Russian Federation; 3) establishing a procedure for determining the amount of income attributable to each family member and the value of property owned by family members and subject to taxation, in order to recognize citizens as poor and provide them with residential premises of the municipal housing stock under social rental contracts; 4) determination of other categories of citizens in order to provide them with residential premises in the housing stock of a constituent entity of the Russian Federation; 5) determining the procedure for the provision under social tenancy agreements to the categories of citizens of residential premises established by the relevant law of the constituent entity of the Russian Federation in the housing stock of the constituent entity of the Russian Federation; 6) recognition in accordance with the established procedure of residential premises included in the housing stock of a constituent entity of the Russian Federation as unsuitable for habitation; 7) determining the procedure for keeping records of citizens by local self-government bodies as those in need of residential premises provided under social rental agreements; 8) exercising control over the use and preservation of the housing stock of a constituent entity of the Russian Federation, the compliance of the living quarters of this stock with the established sanitary and technical rules and norms, and other requirements of the legislation; 9) other issues referred to the competence of state authorities of the constituent entities of the Russian Federation in the field of housing relations by the Constitution, the LCD, other federal laws and not referred to the competence of state authorities of the Russian Federation, local governments. As can be seen, the concept of competence in this case covers not only the issuance of laws and other regulatory legal acts, but also activities in the field of housing relations, carried out in accordance with housing standards. The LCD also determined the competence of local governments in the field of housing relations: 1) accounting of the municipal housing stock; 2) establishing the amount of income attributable to each family member and the value of property owned by family members and subject to taxation in order to recognize citizens as poor and provide them with residential premises of the municipal housing stock under social rental contracts; 3) maintaining, in accordance with the established procedure, registration of citizens as those in need of residential premises provided under social rental agreements; 4) determining the procedure for providing residential premises of the municipal specialized housing stock; 5) provision in accordance with the established procedure to poor citizens under social rental contracts of residential premises of the municipal housing stock; 6) adoption in accordance with the established procedure of decisions on the transfer of residential premises to non-residential and non-residential premises to residential; 7) coordination of the reconstruction and redevelopment of residential premises; 8) recognition in accordance with the established procedure of residential premises of the municipal housing stock as unsuitable for habitation; 9) exercising control over the use and preservation of the municipal housing stock, the compliance of the living quarters of this stock with the established sanitary and technical rules and norms, and other requirements of the legislation; 9.1) determining the procedure for obtaining a document confirming the adoption of a decision on approval or refusal to agree on the reorganization and (or) redevelopment of residential premises in accordance with the conditions and procedure for the reconstruction and redevelopment of residential premises; 10) other issues related to the competence of local governments in the field of housing relations by the Constitution, the LCD, other federal laws, as well as the laws of the relevant subjects of the Russian Federation (Article 14). 2.2. The value of the Constitution for housing legislation. Federal laws and other regulatory legal acts as sources of housing law The Constitution is the basic normative act of all Russian legislation, including housing. According to Part 1 of Art. 15 of the Constitution, it has the highest legal force, direct effect and is applied throughout the territory of the Russian Federation; laws and other legal acts adopted in the Russian Federation must not contradict the Constitution. In relation to housing law, system-forming laws can be identified, which include the Constitution and the Housing Code. All other housing legislation is formed around these laws, which includes not only federal laws, but also laws adopted in accordance with them and other regulatory legal acts of the constituent entities of the Russian Federation (Part 2 of Article 76 of the Constitution). The Constitution contains a number of provisions that define the basis for the legal regulation of housing relations. Such provisions are fixed, in particular, by the rules on the right to housing, the protection of this right and ensuring its implementation (Article 40), the inviolability of the home (Article 25), and the freedom to choose a place of residence (Article 27). In addition to the norms that are directly related to the housing sector, the Constitution contains norms of a general nature that also affect this sphere. Since at present a very significant part of the housing stock in Russia is private housing stock, the principle of inviolability of private property, which follows from the provisions of Art. 35 of the Constitution: "The right of private property is protected by law" (part 1); "No one can be deprived of his property except by a court decision. The expropriation of property for state needs can be carried out only on condition of preliminary and equivalent compensation" (part 3). This ensures the possibility of stable exercise of the powers of possession, use and disposal by citizens-owners of residential premises in accordance with their purpose (Article 288 of the Civil Code), and for members of their families - the possibility of using these premises on the conditions provided for by housing legislation (Article 292 of the Civil Code) . The principle of the inviolability of the home is closely related to another constitutional principle - the inviolability of private life (Article 23 of the Constitution), since the prohibition of entry into the home against the will of the persons living in it limits the possibility of obtaining information about their private life against their will. Affecting the very significant interests of citizens in the context of the existing housing problem, housing relations often give rise to conflicts between their subjects that require judicial resolution. In this regard, of great importance for stabilizing these relations and ensuring the protection of the rights, freedoms and legitimate interests of their participants are the norms of the Constitution on the right to judicial protection and the right to appeal to the court decisions and actions (inaction) that violate the rights and freedoms of citizens (Art. 1, 2, article 46). The latter right is also relevant, since many housing issues are currently being resolved by local governments, mixed bodies (public commissions on housing issues created under local governments) and officials. The most important special legislative act regulating housing relations is the Housing Code. The new residential complex, like the previously existing one, has a section. I "General provisions". However, its content is much broader and is brought into line with the current state of housing relations. It contains basic provisions related to the housing rights of citizens; methods have been identified to ensure conditions for the exercise of the right to housing; for the first time, along with the rules on the inadmissibility of arbitrary deprivation of housing, rules on its inviolability were included; Also, for the first time, a number of issues that were not regulated in the previous Housing Code of the RSFSR were legislatively resolved: on the range of housing relations and their participants; composition of housing legislation; the grounds for the emergence of housing rights and obligations; ways to protect housing rights; Taking into account the modern structure of government bodies in Russia, the issue of delimiting competence in the field of housing relations has been resolved. In addition, this section of the Housing Code contains provisions on objects of housing rights and the housing stock, transfer of residential premises to non-residential premises and vice versa, reconstruction and redevelopment of residential premises. The structure of the new LCD also includes sections: on the right of ownership and other real rights to residential premises; residential premises provided under social tenancy agreements; specialized housing stock; housing and housing-construction cooperatives; association of homeowners; payment for housing and utilities; management of apartment buildings. In addition to the Housing Code, norms of housing and legal significance are also contained in a number of other federal laws. A number of such provisions include, in particular, the Urban Planning Code, which, along with the norms regulating the implementation of purely urban planning activities, contains norms relating to the realization of the right of citizens to housing. These include, in particular, the norms for ensuring a favorable living environment for the population. Thus, as the main principles of the legislation on urban planning activities, it is envisaged to ensure a balanced consideration of environmental, economic, social and other factors in the implementation of urban planning activities, as well as the participation of citizens and their associations in the implementation of these activities (clauses 2, 5 of article 2 of the Urban Planning Code) . Of great importance for the sphere of housing relations are the provisions contained in the Urban Planning Code on the definition of residential zones, i.e. territories allocated for building residential buildings, as a result of urban zoning and obtaining building permits by citizens and legal entities. The implementation of housing construction is inextricably linked with the solution of issues regulated by land legislation. In particular, the issues of acquiring rights to land plots that are in state or municipal ownership are resolved; selection of land plots for construction; making a decision on the provision of a land plot for construction; the norms for the provision of land plots, the procedure for organizing and holding auctions for the sale of land plots from lands that are state or municipal property, as well as the right to conclude a lease of such land plots for housing construction (Chapter V) are determined. Among the norms of the Land Code, which should be taken into account when regulating relations related to housing, one should also name the provisions on the state land cadastre (Article 70) and settlement lands, including the composition of settlement lands and zoning of territories (Chapter XV). In the sphere of regulation of housing relations, a significant place is given to decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation. In particular, a number of previously mentioned decrees of the President of the Russian Federation, issued in the 90s of the last century, continue to be in effect, which define specific measures designed to help solve the housing problem in Russia. Resolution of the Government of the Russian Federation dated September 17.09.2001, 675 No. 2002 approved the federal target program “Housing” for 2010-XNUMX. The sources of housing law also include normative legal acts of ministries and departments. However, in accordance with Decree of the President of the Russian Federation of May 23.05.1996, 763 No. 13.08.1997 "On the procedure for the publication and entry into force of acts of the President of the Russian Federation, the Government of the Russian Federation and regulatory legal acts of federal executive authorities" and the Rules for the preparation of regulatory legal acts of federal executive authorities and their state registration , approved by Decree of the Government of the Russian Federation of August 1009, XNUMX No. XNUMX, regulations of ministries and departments of the Russian Federation affecting the rights, freedoms and duties of a person and a citizen, establishing the legal status of organizations or having an interdepartmental character, regardless of their validity period, are subject to state registration with the Ministry of Justice of Russia and official publication in the WG within ten days after the day of their registration. These acts that have not passed state registration, as well as those registered but not published in the prescribed manner, do not entail legal consequences. 2.3. Housing legislation of the constituent entities of the Russian Federation as a source of housing law As mentioned above, housing legislation falls under the joint jurisdiction of the Russian Federation and its constituent entities. According to Art. 76 of the Constitution on the subjects of joint jurisdiction of the Russian Federation and its subjects, federal laws and laws adopted in accordance with them and other regulatory legal acts of the subjects of the Russian Federation are issued. In the constituent entities of the Russian Federation, state authorities have adopted quite a lot of laws and other regulatory legal acts regulating housing relations, which continue to operate in the part that does not contradict the Housing Code and other federal laws regulating these relations. In some republics (Bashkortostan, Kabardino-Balkaria) housing codes have been adopted. In most subjects of the Russian Federation, housing laws and other regulatory legal acts have been adopted on certain issues affecting housing relations. The housing codes of the constituent entities of the Russian Federation were created on the basis of and in accordance with federal legislation - the previously existing Housing Code of the RSFSR, the Civil Code, and other federal laws. The development of the housing legislation of the subjects of the Russian Federation, obviously, will go mainly along the path of issuing separate laws and other regulatory legal acts on issues within the competence of the subjects of the Russian Federation. 2.4. The significance of the decisions of the Constitutional Court of the Russian Federation and the Plenum of the Supreme Court of the Russian Federation for the application of housing law In resolving housing and legal issues, decisions of the Constitutional Court of the Russian Federation, adopted on complaints and requests to verify the constitutionality of laws and regulatory legal acts, on disputes over competence, and on cases of interpretation of the Constitution, play an increasingly important role. In particular, the Constitutional Court of the Russian Federation adopted a number of resolutions on cases on checking the constitutionality of certain articles of the previously existing JK RSFSR, the Law on Privatization of Housing, as well as some other federal laws regulating housing relations, by which some of these articles were recognized as inconsistent with the Constitution. The recognition by the Constitutional Court of the Russian Federation of certain norms of law as unconstitutional means their loss of force, termination of action, regardless of the subsequent change or cancellation of this act by the legislator or other body that has been granted the right to rule-making. Traditionally, the guiding clarifications of the Plenum of the Supreme Court of the Russian Federation are of significant importance for the interpretation and application of housing law norms. Clarifications that play an important role in judicial practice in housing cases include, for example, the clarifications contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated August 24.08.1993, 8 No. XNUMX “On some issues of application by courts of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” " and etc. Topic 3. Objects of housing law 3.1. Living spaces For housing law, the concept of "residential premises" is of great importance, the definition of which is important for the correct application of laws and other regulatory legal acts regulating housing relations. The concept of “residential premises” is used in legislation in different senses: 1) as a generic concept, covering all types of residential premises (apartments, residential buildings, etc.), which may be the object of a residential rental agreement (see, for example, Article 673 of the Civil Code); 2) to designate a part of a residential building (apartment, room in an apartment building); 3) as an accounting category along with a residential building. Residential premises in the first broader sense are indicated by the legislator as objects of housing rights and are divided into the following types: 1) a residential building (except for an apartment building), part of a residential building; 2) an apartment, part of an apartment; 3) room. According to the legislator's definition, a residential building is an individually defined building, which consists of rooms, as well as auxiliary premises, designed to meet citizens' domestic and other needs associated with their living in such a building. From a legal point of view, the building is a residential building from the moment when the construction of the house is completed, it is accepted for operation by the acceptance committee and registered in the prescribed manner precisely as a residential building by authorized special organizations that carry out state accounting of the housing stock - the Bureau of Technical Inventory ( BTI), etc. An apartment is a structurally separate room in an apartment building that provides direct access to the common areas in such a house and consists of one or more rooms, as well as auxiliary premises, designed to meet citizens' domestic and other needs associated with their living in such a building. separate room. A room is a part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment (Article 16ZhK). Among the houses there are buildings of a mixed type, in which, along with residential premises, there are also non-residential premises: administrative, medical, utility, etc. Residential premises located in such houses are part of the housing stock. The LCD (Article 15) contains provisions relating to the general concept of "residential premises". So, in it, a dwelling is understood as an isolated premise, which is real estate and is suitable for permanent residence of citizens, that is, it meets the established sanitary and technical rules and regulations, and other requirements of the law. The procedure for recognizing the premises as residential and the requirements that the residential premises must meet are established by the Government of the Russian Federation in accordance with the Housing Code and other federal laws. A dwelling may be declared unfit for habitation on the grounds and in the manner established by the Government of the Russian Federation. To characterize a dwelling, it is important to allocate a common (useful) and living area inside the premises. The total area of a dwelling consists of the sum of the area of all parts of such a dwelling, including the area of premises for auxiliary use, intended to meet citizens' domestic and other needs associated with their living in a dwelling, with the exception of balconies, loggias, verandas and terraces (part 5 of Art. .15 LCD). Living space includes only the area of all living rooms, including the area of sleeping and dining rooms, rooms for games, study and recreation. The definition of the term "residential premises" is important for resolving the issue of the subject of the contract for the lease of residential premises. According to paragraph 1 of Art. 673 GKi art. 62 of the LCD, such an object can only be an isolated residential area suitable for permanent residence (apartment, residential building, part of a residential building or apartment). Non-isolated residential premises, premises for auxiliary use, as well as common property in an apartment building (part 2 of article 62 of the LCD) cannot be an independent subject of a lease agreement. Based on the norm of Part 1 of Art. 19 of the Housing Code, the housing stock includes not only residential premises intended for permanent residence, but in general all premises suitable for living located on the territory of the Russian Federation. Accordingly, residential premises can be divided into two types: 1) intended for permanent residence, i.e. designed for a long period of use; 2) of a temporary nature, which must be used by persons living in them for a limited period of time. The main object of housing relations are residential premises for permanent use. This type of residential premises makes up the majority of premises included in the housing stock. At the same time, some residential premises are intended for temporary use as such, for example, residential premises in dormitories, houses of the mobile fund, hotels, office premises, etc. Residential premises are also classified depending on the grounds for their being in the use of citizens. On this basis, they differ: 1) residential premises owned by citizens; 2) residential premises provided under a social tenancy agreement; 3) specialized living quarters; 4) residential premises provided under a commercial lease agreement; 5) living quarters in houses of housing and housing cooperatives; 6) residential premises provided to citizens on other grounds. In practice, the question often arises whether such premises (structures) as prefabricated houses, change houses, wagons, etc. should be classified as residential premises. Currently, such structures and buildings are not included in the housing stock. When deciding whether to classify residential premises as suitable for habitation, the degree of physical deterioration of the building (premises), the safety of its structures, the location of the building, the level of improvement, etc. are taken into account. In particular, barracks, emergency houses are recognized as unsuitable for permanent residence ( houses threatening collapse), as well as stone and wooden houses with physical wear and tear, respectively, over 70 and 65%. Unsuitable also include residential buildings located within the sanitary protection, fire and explosion hazardous zones of industrial enterprises; in hazardous areas of landslides, mudflows and snow avalanches that could threaten the development and operation of buildings; in areas flooded annually by flood waters. The decision to recognize a residential building or premises unsuitable for permanent residence, regardless of its ownership, is within the competence of the administration of the district, city, district in the city. When making such a decision, the conclusions of the sanitary-epidemiological, construction and other organizations, fire safety authorities and other materials are taken into account. According to their functional purpose, the largest part of the state and municipal housing stock is made up of residential premises for social use. In accordance with paragraph 1 h. 3 Article. 19 LCD housing fund for social use - a set of state and municipal housing funds provided to citizens under social rental contracts. It includes residential buildings, apartments, rooms in communal apartments and other residential premises provided within the norm of living space. 3.2. The concept of housing stock and its types According to Art. 19 LCD, the housing stock is the totality of all residential premises located on the territory of the Russian Federation. Depending on the form of ownership, the housing stock is divided into: 1) for private housing stock - a set of residential premises owned by citizens and owned by legal entities; 2) state housing stock - a set of residential premises owned by the Russian Federation (housing fund of the Russian Federation) and residential premises owned by the constituent entities of the Russian Federation (housing fund of the constituent entities of the Russian Federation); 3) municipal housing stock - a set of residential premises owned by the right of ownership to municipalities. Depending on the purpose of use, the housing stock is divided into: 1) for the housing fund of social use - the totality of state and municipal housing funds provided to citizens under social rental contracts; 2) specialized housing stock - a set of certain categories of citizens intended for residence and provided according to the rules of Sec. GUZhK residential premises of state and municipal housing funds; 3) individual housing stock - a set of residential premises of a private housing stock that are used by citizens - owners of such premises for their residence, residence of members of their family and (or) residence of other citizens on the basis of free use, as well as legal entities - owners of such premises for residence citizens under the specified conditions of use; 4) housing fund for commercial use - a set of residential premises that are used by the owners of such premises for the residence of citizens on the terms of paid use, provided to citizens under other agreements, provided by the owners of such premises to persons for possession and (or) use. The law does not prohibit the transfer of residential premises from one housing stock to another, but such a transfer should not violate the rights of citizens. In view of the foregoing, the norm of Art. 675 of the Civil Code, according to which the transfer of ownership of the residential premises occupied under a rental agreement does not entail the termination or amendment of the residential premises rental agreement. In this case, the new owner becomes the landlord on the terms of the previously concluded lease agreement. 3.3. Changes in the legal regime of premises According to p. Zet. 288 of the Civil Code, placement in residential buildings of industrial production is not allowed. Placement by the owner in the residential premises belonging to him of enterprises, institutions, organizations is allowed only after the transfer of such premises to non-residential. The transfer of premises from residential to non-residential is carried out in the manner determined by housing legislation. When interpreting these provisions of the law, it is necessary to take into account the above norm of the law, which prohibits the use of premises in residential buildings for the needs of an industrial nature, from which it follows that in an apartment building after the transfer of residential premises to non-residential premises, only organizations that are not engaged in industrial production can be located in this premises. Currently, the procedure for transferring residential premises to non-residential premises and non-residential premises to residential premises is determined by Ch. 3 LCD. According to Part 1 of Art. 22 of the LCD and both translations are allowed subject to compliance with the requirements of the LCD and the legislation on urban planning. The transfer of residential premises to non-residential premises is not allowed if access to the transferred premises is impossible without the use of premises providing access to residential premises, or there is no technical possibility to equip such access to this premises, if the transferred premises is part of the residential premises or is used by the owner of this premises or another a citizen as a place of permanent residence, as well as if the ownership of the transferred premises is encumbered with the rights of any persons. The transfer of an apartment in an apartment building to a non-residential premises is allowed only in cases where such an apartment is located on the first floor of the specified building or above the first floor, but the premises located directly under the apartment being transferred to a non-residential premises are not residential (parts 2 and 3 of Art. .22 LCD). There are certain restrictions on the transfer of non-residential premises to residential. In accordance with Part 4 of Art. 22 of the LCD, this transfer is not allowed if the non-residential premises do not meet the established requirements or it is not possible to ensure the compliance of such premises with the established requirements, or if the ownership of such premises is encumbered with the rights of any persons. The transfer of residential premises to non-residential premises and non-residential premises to residential premises is carried out by the local government. In the LCD, this body is called the body that transfers the premises. For such a transfer, the owner of the relevant premises or a person authorized by him shall submit to the body carrying out the transfer of the premises at the location of this premises: 1) an application for the transfer of premises; 2) title documents for the transferred premises (originals or notarized copies); 3) plan of the transferred premises with its technical description (if the transferred premises is residential, the technical passport of such premises); 4) floor plan of the house in which the transferred premises are located; 5) a project prepared and executed in accordance with the established procedure for the reconstruction and (or) redevelopment of the transferred premises (if the reconstruction and (or) redevelopment is required to ensure the use of such premises as residential or non-residential premises). The body transferring the premises is not entitled to require the submission of any other documents other than those listed above (part 3 of article 23 of the LC). The decision to transfer or refuse to transfer the premises is made by the body transferring the premises no later than 45 days from the date of submission of the specified documents to this body. The body transferring the premises, no later than three working days from the date of the decision to transfer the premises or to refuse to do so, issues or sends to the address indicated in the application to the applicant a document confirming the adoption of one of these decisions. The form and content of such a document are established by the Government of the Russian Federation. The body that transfers the premises, simultaneously with the issuance or sending of this document to the applicant, informs the owners of the premises adjacent to the premises in respect of which the decision was made about the adoption of the said decision (part 5 of article 23 of the LC). If it is necessary to carry out reorganization and (or) redevelopment of the transferred premises, and (or) other work to ensure the use of such premises as residential or non-residential premises, this document must contain a requirement for their implementation, a list of other works, if necessary. The document confirming the decision to transfer the premises confirms the completion of the transfer of the premises and is the basis for the use of the premises as a residential or non-residential premises, if such use does not require its reconstruction, and (or) redevelopment, and (or) other works. If the use of the premises as a residential or non-residential premises requires its reorganization and (or) redevelopment, as well as other work, the specified document is the basis for the relevant reorganization and (or) redevelopment, taking into account the reconstruction and (or) redevelopment project submitted by the applicant in accordance with paragraph. 5 h. 2 Article. 23 of the LCD, and (or) other works, taking into account the list of such works specified in the stipulated part 5 of Art. 23 LCD document. Completion of the said reorganization and (or) redevelopment, as well as other works, is confirmed by the act of the acceptance committee formed by the body that transfers the premises. The act of the acceptance committee, confirming the completion of the reorganization and (or) redevelopment, must be sent by the body that transfers the premises to the organization (body) for recording real estate objects. This act confirms the completion of the transfer of the premises and is the basis for the use of the transferred premises as residential or non-residential premises. According to Art. 24 of the LCD, a refusal to transfer residential premises to non-residential premises or non-residential premises to residential premises is allowed in the event of: 1) failure to submit certain Part 2 of Art. 23 LCD documents; 2) submission of documents to the wrong body; 3) non-compliance with the conditions for the transfer of premises, provided for in Art. 22 LCD; 4) non-compliance of the project for the reconstruction and (or) redevelopment of the residential premises with the requirements of the legislation. The decision to refuse to transfer the premises is issued or sent to the applicant no later than three working days from the date of such a decision and may be challenged by the applicant in court. 3.4. Refurbishment and redevelopment of residential premises Along with the change in the legal regime of premises, the LCD for the first time regulated in detail the provisions related to the reorganization and redevelopment of residential premises (Chapter 4). Thus, the LCD defines both the reconstruction and redevelopment of residential premises. In accordance with Part 1 of Art. 25 ZhK conversion of a dwelling is the installation, replacement or transfer of engineering networks, sanitary, electrical or other equipment that requires changes to the technical passport of the dwelling. The redevelopment of a dwelling is understood as a change in its configuration, which also requires an amendment to the technical passport of the dwelling (part 2 of article 25 of the LCD). According to Art. 26 of the LCD, the reconstruction and (or) redevelopment of the residential premises are carried out in compliance with the requirements of the law in agreement with the local government (referred to in the LCD as the body that carries out the approval) based on the decision made by it. In part 2 of Art. 26 establishes a list of documents that the owner of the dwelling or a person authorized by him must submit to the body that carries out the approval at the location of the rebuilt and (or) replanned dwelling: 1) an application for reorganization and (or) redevelopment in the form approved by the Government of the Russian Federation; 2) title documents for the rebuilt and (or) replanned residential premises (originals or notarized copies); 3) a project for the reorganization and (or) redevelopment of this residential premises prepared and executed in the prescribed manner; 4) its technical passport; 5) the consent in writing of all members of the tenant's family (including those temporarily absent) occupying the re-arranged and (or) re-planned residential premises on the basis of a social tenancy agreement (in the event that the applicant is the tenant of this premises authorized by the landlord to submit the documents provided for in this paragraph ); 6) the conclusion of the body for the protection of monuments of architecture, history and culture on the admissibility of reorganization and (or) re-planning, if the re-arranged and (or) re-planned residential premises or the house in which it is located is a monument of architecture, history or culture. The body carrying out the coordination is not entitled to require the submission of documents other than those specified above. The decision to approve or refuse to approve must be made by the body that carries out the approval no later than 45 days from the date of submission of the necessary documents to this body. The body carrying out the approval, no later than three working days from the date of the decision on approval, issues or sends to the address indicated in the application to the applicant a document confirming the adoption of such a decision. The form and content of this document are established by the Government of the Russian Federation. When giving consent to the reorganization and (or) redevelopment of a dwelling by the relevant body, the document issued by it is the basis for their implementation. Refusal to agree on the reorganization and (or) redevelopment of residential premises is allowed in the following cases: 1) failure to submit certain Part 2 of Art. 26 LCD documents; 2) submission of documents to the wrong body; 3) non-compliance of the project for the reconstruction and (or) redevelopment of the residential premises with the requirements of the legislation. The decision to refuse approval is issued or sent to the applicant no later than three working days from the date of such a decision and can be challenged in court (Article 27 of the LC). As provided by Art. 28 of the LCD, the completion of the reconstruction and (or) redevelopment of the residential premises is confirmed by the act of the acceptance committee. This act must be sent by the body that carries out the coordination to the organization (body) for registering real estate objects. Article 29 of the LC regulates in detail the consequences of unauthorized reorganization and (or) redevelopment of a dwelling. These actions are recognized as unauthorized if they are carried out in the absence of a document confirming the adoption by the relevant body of a decision on their approval (part 6 of article 26 of the LC), or in violation of the project submitted along with the application to the body that carries out the coordination (clause 3 of part 2 of article .26 LCD). A person who has arbitrarily rearranged and (or) replanned a dwelling shall bear liability provided for by law. The owner of a dwelling that has been arbitrarily rearranged and (or) replanned, or the tenant of such a dwelling under a social tenancy agreement, is obliged to bring such a dwelling to its previous state within a reasonable time and in the manner established by the body that carries out the coordination. It should be noted that at present the legislator has taken a tougher stance than before regarding the unauthorized reorganization or redevelopment of residential premises. If previously it was allowed to subsequently coordinate such a reorganization or redevelopment with a local government and thereby their "legitimization", then in accordance with Part 4 of Art. 29 of the LCD residential premises can be kept in a rebuilt and (or) replanned state, provided that this does not violate the rights and legitimate interests of citizens or it does not pose a threat to their life or health, only on the basis of a court decision. If the relevant residential premises are not restored to their previous state on time and in the manner that were established by the body that carries out the coordination, the court, at the claim of this body, provided that the decision provided for in Part 4 of Art. 29 JK, decides: 1) in relation to the owner - on the sale at public auction of such residential premises with the payment to the owner of the proceeds from its sale, minus the costs of the execution of the court decision, imposing on the new owner of this residential premises the obligation to bring the residential premises to their previous state; 2) in relation to the tenant of such residential premises under a social tenancy agreement - to terminate this agreement with the imposition of the same obligation on the owner of this premises, who was the landlord under the specified agreement. For a new owner of a dwelling or for the owner of such a dwelling, who was a landlord under a contract of social rent of a dwelling, terminated by the court, a new term is set for bringing the said premises to its previous state. If it is not brought back to its previous state within a given period and in the manner previously established by the body that carries out the coordination, such a dwelling is subject to sale at public auction by a court decision issued at the suit of the body that carries out the coordination. Topic 4. Housing management 4.1. Housing stock accounting In accordance with Part 1 of Art. 12 of the LCD, the competence of state authorities of the Russian Federation in the field of housing relations includes determining the procedure for state accounting of housing stock. State accounting of housing funds of the constituent entities of the Russian Federation falls within the competence of the state authorities of the constituent entities of the Russian Federation in the field of housing relations (part 1, article 13 of the LC). According to Part 1 of Art. 14 of the LCD, the competence of local governments in the field of housing relations includes accounting for the municipal housing stock. At present, the Regulations on state accounting of the housing stock in the Russian Federation are in force, approved by Decree of the Government of the Russian Federation dated October 13.10.1997, 1301 No. 1. According to this Regulation, the main task of the state accounting of the housing stock in the Russian Federation is to obtain information about the location, quantitative and qualitative composition, technical condition , the level of improvement, the value of the objects of the fund and the change in these indicators (p. XNUMX). Residential houses, specialized houses (dormitories, shelter hotels, houses of mobile fund, special houses for single elderly people, boarding schools for the disabled, veterans, etc.), apartments, office living quarters, other living quarters are subject to state accounting, regardless of the form of ownership. in other buildings suitable for habitation. State accounting of the housing stock in the Russian Federation includes technical (operational) accounting, official statistical accounting and accounting. The basis of state accounting is technical accounting, carried out regardless of the ownership of the housing stock according to the unified accounting system for the Russian Federation by conducting a technical inventory and registering documents on the obligations of right holders for the maintenance of residential buildings and residential premises. This type of accounting is assigned to specialized state and municipal organizations of technical inventory - unitary enterprises, services, departments, centers, bureaus, the methodological support of which is carried out by a state specialized organization. Currently, BTI operate as state unitary enterprises and are subordinate to the state administration bodies of the constituent entities of the Russian Federation. BTI carry out accounting of the housing stock in urban and rural settlements, regardless of its ownership, fill out and submit the forms of the federal state statistical observation of the housing stock to the territorial bodies of state statistics. BTI are obliged to carry out: 1) technical inventory and certification of the housing stock; 2) control of the technical condition of residential buildings and premises; 3) assessment and revaluation of residential buildings and premises, including for taxation purposes; 4) information and consulting services and other activities related to state accounting of the housing stock. BTI conduct the following types of inventory: main (once every five years) and current (annually), scheduled and unscheduled. The same bodies may conduct one-time registrations on a certain date of the entire socialized housing stock, as well as censuses of the housing stock owned by citizens. BTI do not carry out state registration of rights to residential premises and transactions with them. Such registration is entrusted to specialized bodies - institutions of justice for registration of rights to real estate and transactions with it. Official statistical accounting of the housing stock is carried out by the Federal State Statistics Service and its territorial bodies on the basis of a generalization of the forms of the federal state statistical observation of the housing stock, submitted by the BTI, with the frequency and within the time limits determined in the annual federal programs of statistical work. Accounting for the housing stock is carried out in accordance with the Federal Law of November 21.11.1996, 129 No. XNUMX-FZ "On Accounting" and other regulatory legal acts. 4.2. State registration of rights to residential premises and transactions with them According to Art. 131 of the Civil Code, the right of ownership and other real rights to immovable things, including acquired premises, the restriction of these rights, their occurrence, transfer and termination are subject to state registration in the unified state register by institutions of justice. The following rights to residential premises are subject to registration: the right of ownership, the right of economic management, the right of operational management, mortgage, as well as other rights in cases provided for by law. The rights to residential premises arising from a contract for the rental of residential premises, as well as from an agreement for gratuitous use (Chapters 35, 36 of the Civil Code) are not subject to state registration. In accordance with the Law on Amendments to the Civil Code, real estate (real estate, real estate) also includes objects of construction in progress (paragraph 1, clause 1, article 130 of the Civil Code), which is a general legal basis for state registration of rights to such objects and transactions with them. The possibility of state registration of construction in progress directly follows from the content of Art. 25 of the Law on Registration of Rights to Real Estate, however, in the list of real estate contained in par. 3 art. 1, objects of construction in progress are not indicated, which is a gap that needs to be addressed. In a number of cases, the current legislation delimits the registration of rights to real estate and transactions with it, which is also related to residential premises. So, paragraph 1 of Art. 551 of the Civil Code provides that the transfer of ownership of real estate under a contract for the sale of real estate to the buyer is subject to state registration. Thus, in the above norm, we are talking only about registering the transfer of ownership, but not the contract itself, according to which this transfer is carried out. However, the law establishes an exception to this general rule, according to which the contract for the sale of residential premises is subject to state registration (paragraph 2 of article 558 of the Civil Code). Consequently, when selling a dwelling, both the contract and the transfer of ownership are subject to registration. Similar rules apply to the acquisition of residential premises in ownership under contracts of exchange, donation and rent. When inheriting a dwelling, the transfer of ownership must be registered. Not being a real right to an immovable thing (clause 1 of article 131 of the Civil Code), the right to rent a dwelling is not subject to state registration. As for residential lease agreements concluded by legal entities in accordance with paragraph 2 of Art. 671 of the Civil Code, they must be registered in cases where they are concluded for a period of at least a year (clause 2 of article 651 of the Civil Code). The transfer of real estate, including residential premises, to trust management is subject to state registration in the same manner as the transfer of ownership of this property. The agreement on the basis of which such a transfer takes place does not require registration (paragraph 2 of article 1017 of the Civil Code). One of the issues of current importance in practice is the question of the need for notarial registration of transactions with residential premises. In accordance with paragraph 2 of Art. 163 of the Civil Code, notarial certification of transactions is mandatory in cases specified in the law, as well as in cases provided for by agreement of the parties, even if this form was not required by law for transactions of this type. With regard to transactions affecting the ownership of residential premises, mandatory notarization is provided for a rent agreement (Article 584 of the Civil Code), as well as a mortgage agreement (clause 2 of Article 339 of the Civil Code). As an encumbrance (restriction) on the ownership of a dwelling, a mortgage on the basis of the rule of paragraph 1 of Art. 131 of the Civil Code must also be registered. Persons wishing to make a deal with residential premises can agree to apply to a notary public for a qualified execution of the contract. However, the registrar is obliged to accept for registration documents drawn up in a simple written form, unless the law or contract provides for notarization. In cases where one of the parties evades state registration of the transaction, the other party, on the basis of paragraph 3 of Art. 165 of the Civil Code has the right to go to court to protect their interests. When the court establishes the legitimacy of the concluded transaction and the fact that the party evaded its registration, the court has the right to make a decision obliging the relevant body to carry out state registration of the transaction. Based on paragraph 6 of Art. 131 of the Civil Code, the procedure for state registration and the grounds for refusal of registration are established in accordance with the Civil Code of the Law on Registration of Rights to Real Estate, in accordance with paragraph 1 of Art. 2 of which state registration is a legal act of recognition and confirmation by the state of the emergence, restriction (encumbrance), transfer or termination of rights to real estate, including residential premises. State registration is the only proof of the existence of a registered right. The registered right to immovable property can only be challenged in court. The emergence and termination of rights to real estate, which occur from the moment of such registration, is associated with state registration. In accordance with paragraph 4 of Art. 218 of the Civil Code, a member of a housing, housing-construction cooperative, other persons entitled to share accumulation, who have fully paid their share contribution for an apartment provided to these persons by a cooperative, acquire ownership of the said property not from the moment of state registration of their right, but from the moment of payment of this contribution. State registration of rights is carried out throughout the territory of the Russian Federation in accordance with the established paragraph 2 of Art. 2 of the Law on registration of rights to real estate to the system of records of rights to each object of real estate in the Unified State Register of rights to real estate and transactions with it. This registration is carried out by the institution of justice for state registration of rights to real estate and transactions with it on the territory of the registration district at the location of real estate (clause 1, article 9). In order to carry out state registration, right holders or persons authorized by them, with a duly executed power of attorney, who wish to register real estate transactions and rights to it, submit to the appropriate institution of justice the documents necessary for state registration and submit a receipt for registration payment. If the rights arise on the basis of a notarially certified transaction or other notarial action performed by a notary, an application for state registration of a right may be submitted by a notary who has performed the corresponding notarial action. Institutions of justice conduct legal examination of documents and verification of the legality of the transaction. Further, they establish whether there are any contradictions between the claimed rights and already registered rights to this real estate object, as well as other grounds for refusal or suspension of state registration of rights. In the absence of these grounds, the institutions of justice make an entry in the Unified State Register of Rights to Real Estate, make an inscription on the title document and issue a certificate (in the form of a certificate) on the state registration of the right (clause 1, article 13, article 14, clause 1 -2, 4 verse 16). In accordance with paragraph Zet. 13 of the Law on Registration of Rights to Real Estate, state registration of rights is carried out no later than one month from the date of submission of the application and documents required for state registration. Order of the Ministry of Justice of Russia dated August 06.08.2001, 233 No. XNUMX approved the Instruction on the procedure for state registration of sales contracts and the transfer of ownership of residential premises. Since in most cases the transfer of ownership of acquired premises occurs precisely under contracts for their sale, this Instruction streamlines a significant part of the relations associated with the state registration of transactions with housing and the transfer of ownership of it, and is of great practical importance. Rights to real estate and transactions with it are registered in the Unified State Register, an integral part of which are cases, including documents of title to real estate, and books of records of documents. The case of title documents is opened for each object of immovable property. All documents received for registration of rights to this object are placed in the case (clauses 1 and 2 of article 12 of the Law on Registration of Rights to Real Estate). This register is maintained in accordance with the said Law and the Rules for Maintaining the Unified State Register of Rights to Real Estate and Transactions with It, approved by Decree of the Government of the Russian Federation of February 18.02.1998, 219 No. XNUMX. The unified state register of rights to real estate and transactions with it consists of sections containing records about each object of real estate. The section is identified by the cadastral number of the object, and in case of its absence, by the conditional number. Each section of the register contains a description of the object, records of transactions subject to state registration on its alienation, as well as on ownership and other real rights to this real estate object, the name (name) of the right holder and records on restrictions (encumbrances) of these rights. The Law on Registration of Rights to Real Estate and the Rules regulate in detail the procedure for filling out sections of the Unified State Register, making records of registration of rights, their termination, restrictions (encumbrances), registration of transactions with real estate objects. The rules for maintaining the Unified State Register establish the form of a certificate of state registration of rights. This certificate is a document of strict accountability, has a degree of security at the level of a bearer security, as well as an accounting series and number. The certificate is issued: to the right holder - upon registration of any real right to an immovable property object; to the tenant - upon registration of the lease; mortgagee - when registering a mortgage. For state registration of rights in accordance with tax legislation, a state fee is charged (clause 1, article 11 of the Law on Registration of Rights to Real Estate). According to Art. 7 of the same Law, state registration of rights is open. The body carrying out such registration is obliged to provide information contained in the Unified State Register of Rights about any real estate object to any person who has presented an identity card and a written application. To obtain the relevant information, a legal entity must present documents confirming the registration of this legal entity and the authority of its representative. Extracts from the Unified State Register of Rights, approved in the prescribed manner, must contain a description of the property, registered rights to it, as well as restrictions (encumbrances) of rights, information about the legal claims existing at the time of issuing the extract and the rights of claim declared in court in relation to this object real estate (clause 1, article 7). This provision is supplemented by the norm of the Law on Participation in Shared Construction, according to which in an extract from the Unified State Register of Rights containing information about the land plot on which a real estate object is created, which includes residential and non-residential premises that are the subjects of contracts for participation in shared construction , in addition to information about the mortgage, the presence of registered agreements for participation in shared construction with a list of shared construction objects, as well as company names (names) of legal entities - participants in shared construction, surnames, first names, patronymics of individuals - participants in shared construction are indicated. The body carrying out state registration of rights must provide the requested information to the applicant or issue him a reasoned refusal in writing within five working days. In accordance with the addition introduced by the Federal Law of December 29.12.2004, 196 No. 2-FZ “On Amendments to the Federal Law “On State Registration of Rights to Real Estate and Transactions with It”” in paragraph 7 of Art. 1 of the Law on Registration of Rights to Real Estate, if the Unified State Register of Rights is maintained on a magnetic medium, information to be provided to any person in accordance with paragraph 7 of Art. XNUMX, are provided no later than within the working day following the day of request for such information. Refusal to provide information on state registration of rights to real estate may be challenged in court. Obtaining this information may be appropriate, in particular, to establish the actual ownership of residential premises when deciding on the purchase of housing. At the same time, the law limits the receipt of information about the content of title documents, with the exception of information about restrictions (encumbrances), generalized information about the rights of an individual to his real estate objects (for example, how many and what kind of residential premises he owns), extracts containing information on the transfer of rights to real estate objects, as well as information on the recognition of the copyright holder as incapacitated or partially incapacitated. This information is provided in the manner prescribed by law only: ▪ the copyright holders themselves or their legal representatives; ▪ individuals and legal entities who have received a power of attorney from the copyright holder or his legal representative; ▪ heads of local government bodies and heads of government bodies of constituent entities of the Russian Federation; ▪ tax authorities within the territories under their jurisdiction; ▪ courts, law enforcement agencies, bailiffs who are handling cases related to real estate and (or) their rights holders; ▪ persons who have the right to inherit the property of the copyright holder by will or by law; ▪ the federal antimonopoly body and its territorial bodies within the territories under the jurisdiction of these territorial bodies; ▪ Chairman of the Accounts Chamber of the Russian Federation, his deputy and auditors of the Accounts Chamber of the Russian Federation to ensure the activities of the Accounts Chamber of the Russian Federation. Information about the testator's rights to real estate objects is also provided at the request of a notary in connection with the opening of an inheritance (clause 3, article 7 of the Law on Registration of Rights to Real Estate). The body that carries out the state registration of rights is obliged, at the request of the right holder, to provide him with information about the persons who have received information about the real estate object to which he has rights. The use of information contained in the Unified State Register of Rights, in ways or in a form that damages the rights and legitimate interests of copyright holders, entails liability under the legislation of the Russian Federation. In accordance with paragraph 6 of Art. 7 bodies carrying out state registration of rights have the right to provide statistical information obtained on the basis of information contained in the Unified State Register of Rights to any interested person, if the provision of such information does not violate the rights and legitimate interests of right holders. Statistical information also includes information on the total number of state-registered transactions with real estate concluded in a certain territory for a certain period, generalized information about the subjects of such transactions without information identifying a specific person or about the objects of such transactions, information on the average price of acquiring rights to real estate property and other similar information. Such information can, in particular, be used by interested parties to study the state of the housing market at the present time. Article 8 provides that information on registered rights to real estate objects and specified in paragraph 6 of Art. 7 statistical information is provided for a fee, unless otherwise provided by law. Currently, the size of such a fee is determined by the Rules for the implementation of fees for providing information about registered rights, issuing copies of contracts and other documents expressing the content of unilateral transactions concluded in simple written form, approved by Decree of the Government of the Russian Federation dated December 14.12.2004, 773 No. 100. For providing information about registered rights, these amounts are: for individuals - 300 rubles; for legal entities - XNUMX rubles. The institution of justice for registration of rights to real estate and transactions with it provides free information on rights to an object of real estate to the bodies (organizations) responsible for accounting for this object, to the extent that is necessary for their work. To bodies and organizations that are entitled by law to receive information about registered rights to real estate and transactions with it, the institution of justice provides this information at their request. In turn, state authorities of the constituent entities of the Russian Federation and local governments, bodies (organizations) for recording real estate objects, other organizations that have the information necessary for state registration of rights to real estate objects are obliged within a period of not more than ten days from the date of application provide such information to copyright holders and relevant institutions of justice free of charge or for a fee agreed with the state authorities of the constituent entities of the Russian Federation. Of great importance in the implementation of housing construction are the rules governing the state registration of ownership of the real estate object being created. In accordance with Art. 25 of the Law on Registration of Rights to Real Estate, the ownership of the created real estate object is registered on the basis of documents confirming the fact of its creation. The right of ownership to an object of construction in progress is registered on the basis of the documents specified in this article. If the land plot allocated for the creation of a real estate object belongs to the applicant on the basis of ownership, the applicant’s ownership of the object of construction in progress is registered on the basis of documents confirming the ownership of this land plot, building permits, project documentation and documents containing description of the object of construction in progress. If the land plot allotted for the creation of an immovable property belongs to the applicant on a right other than the right of ownership, for registration of the applicant's ownership of the object of construction in progress, instead of documents confirming the ownership of the corresponding land plot, documents confirming the right to use them. In the above cases, for registration of ownership of an object of construction in progress, which is an object of individual housing construction, the provision of project documentation is not required. The Law on registration of rights to real estate includes a new art. 25.3, which provides for the peculiarities of state registration of ownership of certain created or created real estate objects. According to this article, for the state registration of a citizen's property right to an individual housing construction object, created or created on a land plot intended for individual housing construction, or created or created on a land plot located within the boundaries of a settlement and intended for personal subsidiary farming (on a household land plot), it is sufficient to submit documents confirming the fact of creation of such an immovable property and containing its description, and a document of title to the land plot on which such an immovable property is located. At the same time, the submission of a document of title to the specified land plot is not required if the applicant's right to this land plot was previously registered in accordance with the procedure established by the named Law. A mandatory annex to the above documents is the cadastral plan of the land plot on which the corresponding created or created real estate object is located. Submission of this plan is not required if the right to the specified land plot was previously registered in accordance with the procedure established by the said Law, and also if this land plot is intended for personal subsidiary farming and the conclusion of the local self-government body of the corresponding settlement or urban district is submitted, confirming that the created or created the real estate object is located within the boundaries of the specified land plot. 4.3. State control over the use and safety of the housing stock State control over the use and preservation of the housing stock, regardless of its form of ownership, as well as the compliance of residential premises and utilities with the established requirements, is carried out by authorized federal executive bodies, state authorities of the constituent entities of the Russian Federation in accordance with federal law and other regulatory legal acts of the Russian Federation. 20 LCD). Currently, state control over the use and preservation of the housing stock is carried out by the bodies of the state housing inspectorate, formed in accordance with the Decree of the Government of the Russian Federation of September 26.09.1994, 1086 No. XNUMX, which approved the Regulations on the State Housing Inspectorate in the Russian Federation. According to this Regulation, the state housing inspectorate consists of the Main State Housing Inspectorate and state housing inspectorates of the subjects of the Russian Federation; it also defines the system and main functions of state housing inspectorates, their rights and procedures. Bodies of the State Housing Inspectorate carry out, in particular, control over: ▪ over the use of housing stock, common property of owners of premises in an apartment building and adjacent areas; ▪ the technical condition of the housing stock, common property of the owners of premises in an apartment building and its engineering equipment, timely completion of work on its maintenance and repair in accordance with current regulatory, technical and design documents; ▪ the validity of the established standards for the consumption of housing and communal services; ▪ the sanitary condition of the premises of the housing stock, the common property of the owners of premises in an apartment building in part agreed with the relevant sanitary and epidemiological control services; ▪ implementation of measures to prepare the housing stock and common property of premises owners in an apartment building for seasonal use; ▪ rational use of fuel and energy resources and water in the housing stock, common property of premises owners in an apartment building; ▪ compliance with the regulatory level and regime for providing the population with public services (heating, electricity, water, gas supply, etc.); ▪ compliance with the rules for the use of residential premises and adjacent areas; ▪ compliance with the procedure and rules for recognizing residential buildings and premises as unsuitable for permanent residence, as well as transferring them to non-residential ones. When exercising this control, the bodies of the state housing inspectorate are vested with the following rights: 1) conduct inspection surveys and inspections of controlled facilities in accordance with the tasks and functions defined by the above Regulations; 2) give instructions to the owners, owners and users of the housing stock, the common property of the owners of premises in an apartment building and adjacent territories to eliminate the identified violations; 3) submit submissions on the annulment or suspension of licenses for activities by legal entities and individuals who commit gross violations of housing legislation, rules and regulations related to the use, maintenance and repair of the housing stock, common property of owners of premises in an apartment building; 4) make conclusions about the suitability of houses and premises for living; 5) make proposals on holding officials and citizens accountable in accordance with the Code of Administrative Offenses. The work of the Main State Housing Inspectorate is managed by the Chief State Housing Inspector of the Russian Federation. State housing inspectors are personally liable in case of failure to fulfill their functions of exercising state control over the use and safety of the housing stock and the common property of the owners of premises in an apartment building. Disputes on the decisions of officials of the bodies of the state housing inspectorate are considered by the head of the relevant inspectorate or the Main State Housing Inspectorate, and on the decisions of the Chief State Housing Inspector of the Russian Federation - by the Federal Agency for Construction and Housing and Communal Services. In case of disagreement of enterprises, organizations, institutions with the decision to suspend, restrict or terminate their activities, it may be challenged in a court of general jurisdiction or in an arbitration court. The state bodies of the constituent entities of the Russian Federation developed and approved the Regulations on state housing inspections of the constituent entities of the Russian Federation, as well as adopted other regulatory legal acts on issues of control over the use and safety of the housing stock, for example, laws of the city of Moscow dated December 20.12.1995, 26 No. 13.11.1996 "On administrative responsibility for violation standards of Moscow for the operation of the housing stock" and dated 30 No. XNUMX "On the establishment of standards for the operation of the housing stock of the city of Moscow and control over their observance". 4.4. Residential building management In connection with the privatization of many residential premises that were part of the state, municipal and other housing funds, and the need to introduce market relations in the sphere of housing and communal services, the LCD regulates in detail the procedure for managing an apartment building (Section VIII). In accordance with Art. 161 of the LCD, such management should ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, the resolution of issues related to the use of this property, as well as the provision of public services to citizens living in such a house. The owners of premises in an apartment building are required to choose one of the following ways to manage such a house: 1) direct management of the owners of premises; 2) management of an association of homeowners or a housing cooperative or other specialized consumer cooperative; 3) management of the managing organization. The choice of the method of managing an apartment building is carried out at the general meeting of the owners of the premises and can be changed at any time based on its decision. The decision of the general meeting on the choice of management method is binding on all owners of premises in an apartment building. The local self-government body, in accordance with the procedure established by the Government of the Russian Federation, holds an open competition for the selection of a managing organization, if within a year before the day of the said competition, the owners of premises in an apartment building have not chosen a way to manage this house or if the decision to choose a way to manage this house has not been implemented (part 4 of article 161 of the LCD). In accordance with Art. 18 (as amended on 26.12.2005/1/2005) of the Law on the introduction of LCDs in relation to apartment buildings put into operation before March 1, 2007, this competition must be held before January XNUMX, XNUMX. The local self-government body, within ten days from the date of the above open tender, notifies all owners of premises in an apartment building about the results of the tender and about the terms of the contract for managing this house. The owners of premises in an apartment building are required to conclude a building management agreement with a managing organization selected based on the results of an open tender, in the manner prescribed by Art. 445 GK. At the same time, the local government body, no later than one year after the conclusion of the management agreement, is obliged to convene a meeting of the owners of the premises to decide on the choice of the method of managing the apartment building. Any owner of premises in an apartment building can apply to the court with a request to oblige local governments to choose a managing organization in accordance with the provisions of Part 4 of Art. 161 LCD. The conclusion of an agreement on the management of an apartment building without an open tender is allowed if the specified tender, in accordance with the law, is declared invalid. To ensure proper responsibility for the management of apartment buildings, the law establishes that an apartment building can be managed by only one managing organization (part 9 of article 161 of the LCD). In Art. 164 of the LCD defines the procedure for the direct management of an apartment building by the owners of the premises located in it; under such management, contracts for the provision of services for the maintenance and (or) performance of work on the repair of common property in an apartment building with persons carrying out relevant types of activities, the owners of premises in such a house are concluded on the basis of decisions of the general meeting of these owners. At the same time, all or most of the owners of the premises act as a party to the contracts. Contracts for cold and hot water supply, sewerage, electricity supply, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating) are concluded by each owner of the premises, directly managing the apartment building, on his own behalf. name. On the basis of a decision of the general meeting of owners of premises in an apartment building who directly manage such a building, on behalf of the owners of premises in this building, one of the owners of premises in the said building or another person having authority certified by a power of attorney issued in written form to him by all or the majority of the owners of the premises in this house. The management of an apartment building, which is owned by a housing cooperative or in which an association of homeowners is formed, is carried out taking into account the provisions of Sec. V and VI LCD. Article 162 of the LCD contains norms related to the contract for the management of an apartment building; the management agreement for such a house is concluded in writing by drawing up one document signed by the parties. When a management organization is chosen by a general meeting of owners of premises in an apartment building, a management agreement is concluded with each owner of premises in this building on the terms specified in the decision of this general meeting. Under an apartment building management agreement, one party (management organization), on the instructions of the other party (owners of premises in an apartment building, management bodies of a homeowners association or management bodies of a housing cooperative or management bodies of another specialized consumer cooperative) undertakes to provide services for a fee within an agreed period of time and perform work on the proper maintenance and repair of common property in such a house, provide utility services to the owners of premises in such a house and persons using premises in this house, carry out other activities aimed at achieving the goals of managing an apartment building. In accordance with Part 3 of Art. 162 LCD in the management agreement of an apartment building must indicate: 1) the composition of the common property of the apartment building, in respect of which management will be carried out, and the address of such a house; 2) a list of services and works for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, as well as a list of utilities provided by the managing organization; 3) the procedure for determining the price of the contract, the amount of the fee for the maintenance and repair of the dwelling and the amount of the fee for communal services, as well as the procedure for making such a fee; 4) the procedure for exercising control over the fulfillment by the managing organization of its obligations under the management agreement. The terms of the contract for the management of an apartment building are established the same for all owners of premises in this building. An apartment building management contract is concluded for a period of not less than one year and not more than five years. In the absence of a statement by one of the parties on the termination of the contract for managing an apartment building at the end of its validity period, the contract is considered extended for the same period and on the same conditions that were provided for by such an agreement. Unless otherwise provided by the agreement, the managing organization is obliged to start fulfilling such an agreement no later than 30 days from the date of its signing. Change and termination of the management agreement are carried out in the manner prescribed by civil law. By its civil nature, this contract refers to contracts for the provision of services for a fee (Chapter 39 of the Civil Code). The managing organization, 30 days before the termination of the contract for managing an apartment building, is obliged to transfer the technical documentation for the apartment building and other documents related to the management of such a house to a newly selected management organization, a homeowners association or a housing cooperative or other specialized consumer cooperative, or in the case of direct management of such a house by the owners of the premises in this house to one of these owners, indicated in the decision of the general meeting of owners on the choice of the method of managing such a house, or, if such an owner is not indicated, to any owner of the premises in this house. Article 9 of the Law on the introduction of the LCD provides that the effect of Sec. VIII LC also applies to relations arising from previously concluded management agreements for apartment buildings. Due to the fact that residential premises in an apartment building may belong not only to private owners, the LCD decides on the management of houses in which residential premises are not privately owned at all or in part. Article 163 of the LC provides that the procedure for managing an apartment building, all premises in which are owned by the Russian Federation, a constituent entity of the Russian Federation or a municipality, is established by the Government of the Russian Federation, a state authority of a constituent entity of the Russian Federation and a local government, respectively. Management of such a house is carried out by concluding a management agreement for this house with a managing organization selected based on the results of an open tender, or, if such a tender is declared invalid in accordance with the law, without holding such a tender. If there are residential premises in an apartment building owned by the Russian Federation, constituent entities of the Russian Federation, municipalities, the relevant state authorities, local governments or persons authorized by them participate in choosing the method of managing an apartment building on an equal footing with the owners of privately owned premises . In order to create conditions for the management of apartment buildings, local governments: 1) provide equal conditions for the activities of managing organizations, regardless of their organizational and legal form; 2) may provide managing organizations, associations of homeowners or housing cooperatives or other specialized consumer cooperatives with budgetary funds for the overhaul of apartment buildings; 3) contribute to the improvement of the qualifications of persons who manage apartment buildings, the organization of training for persons who intend to carry out such activities. Local self-government bodies and managing organizations are obliged to provide citizens, at their request, with information on the established prices and tariffs for services and work and work on the maintenance and repair of apartment buildings and residential premises in them, on the amount of payment in accordance with these prices and tariffs, on the volume, the list and quality of the services provided and the work performed, as well as the prices and tariffs for the provided utilities and the amount of payment for these services (Article 165 of the LC). Currently, housing maintenance organizations continue to carry out their activities. Their forms at the present stage of development of the housing and communal sector are diverse: trusts, housing maintenance offices (ZHEK), housing and communal departments (ZhKO), directorates for the operation of buildings (DEZ), repair and maintenance departments (REU), house management, municipal unitary housing enterprises (MUP ZhKh), etc. In Moscow, the management system of the city's housing and communal services is made up of directorates of a single customer (DEZ), which act as a customer for the maintenance and repair of housing stock and non-residential premises; they have taken into account residential buildings. Directorates enter into contracts with repair and maintenance departments (enterprises) or other similar enterprises (including private firms), energy and water supply and other specialized organizations that ensure the functioning of life support systems for buildings and adjacent territories. Similar customer service organizations have also been established in other cities. As part of the prefectures of the administrative districts of Moscow, departments of housing and communal services and improvement have been formed, acting on the basis of the regulations on these departments. It should be added to this that in order to ensure real compliance with the provisions of the LCD, which involve competition in the management of residential buildings, it is necessary to privatize the entire sphere of housing and communal services. 4.5. Participation of citizens in the management of housing stock The existing forms of citizens' participation in the management of the housing stock are diverse. So, according to Art. 44 LCD, the general meeting of owners of premises in an apartment building is the governing body of this house. For the joint management of an apartment building, an association of homeowners can be created (Article 135 of the LCD). At present, there are also house, street, quarter, village committees and councils of citizens and other public self-government bodies that protect the housing rights of citizens and provide them with other necessary assistance. These bodies carry out work aimed at improving the operation of buildings, the improvement of the local area and the achievement of other goals of a housing and communal nature. The general normative basis for the creation of these bodies of public amateur performance and the exercise of their functions by them is the Federal Law of May 19.05.1995, 82 No. XNUMX-FZ "On Public Associations". In Moscow and some other cities, territorial communities have been created, other organizations - funds for protecting the rights of property owners, which provide legal advice on transactions with residential and non-residential premises, participate in the preparation of documents for notarization, their translation from foreign languages, etc. . In the housing sector, such organizations as associations and guilds of realtors, committees for the protection of the rights of tenants, owners of residential premises, etc., are actively functioning. In a number of municipalities (cities and districts) of the Russian Federation, Regulations on the House Committee in the municipal housing stock have been adopted. Topic 5. Features of the acquisition of housing in modern conditions 5.1. Using a mortgage to buy a home The state has recently taken measures to make more widespread use of such a method of ensuring the fulfillment of monetary obligations by the buyer as a mortgage when purchasing housing. Mortgage is a legal institution that makes it easier for citizens to solve their housing problem. It is a pledge of land, enterprises, buildings, structures, apartments and other real estate and is regulated by a special mortgage law. Due to the absence of the majority of the population of funds in the required amount, at the present stage, the purchase of housing on the security of purchased residential houses and apartments has become widespread. The general rules on collateral contained in the Civil Code apply to mortgages in cases where the Civil Code or the mortgage law do not establish other rules (clause 2, article 334 of the Civil Code). The Mortgage Act is currently in effect. In addition to the norms relating to all types of mortgages, it contains a special chapter on the peculiarities of the mortgage of residential buildings and apartments (Chapter XIII). According to paragraph 1 of Art. 5 of the Law on Mortgage, under a mortgage agreement, real estate specified in paragraph 1 of Art. 130 of the Civil Code, the rights to which are registered in the manner established for the state registration of rights to real estate and transactions with it, including residential buildings, apartments and parts of residential buildings and apartments, consisting of one or more isolated rooms (subparagraph 3). In accordance with par. 2 p. 1 art. 5 of the Mortgage Law, buildings, including residential buildings and other structures, and structures directly connected with land, may be subject to mortgage, subject to the rules of Art. 69 of the Law, i.e. with simultaneous mortgage under the same agreement of the land plot on which the building or structure is located, or part of this plot that functionally provides the mortgaged object, or the right to lease this plot or its corresponding part belonging to the pledgor (see also paragraph 3 article 340 of the Civil Code). Part 3 of Art. 69 of the Law on Mortgage provides that the right of pledge does not apply to the right of permanent use of the land plot belonging to the pledger, on which the enterprise, building or structure is located. When levying execution on such objects, the person who acquires this property into ownership acquires the right to use the land plot on the same terms and to the same extent as the former owner (mortgagor) of the immovable property. In compliance with the same rules, a pledge of unfinished construction of immovable property being built on a land plot in accordance with the requirements of the legislation of the Russian Federation must be carried out (clause 2, article 5). In accordance with the changes made to par. 2 p. 2 art. 339 of the Civil Code, the requirement for mandatory notarization of a mortgage agreement has been abolished (see paragraph 3 of Article 1 of the Law on Amendments to the Civil Code), which simplifies and reduces the cost of its execution. According to Art. 10 of the Mortgage Law, a mortgage agreement is concluded in writing and is subject to state registration. As provided by paragraph 3 of Art. 339 of the Civil Code, a mortgage agreement must be registered in the manner prescribed for registration of transactions with the relevant property. The contract is considered concluded and comes into force from the moment of its state registration. Failure to comply with the rules on state registration of a mortgage agreement shall entail its invalidity. Such an agreement is considered null and void. According to Art. 11 of the Law on Mortgage, the state registration of a mortgage agreement is the basis for making a mortgage entry in the Unified State Register of Rights to Real Estate and Transactions Therewith. The state registration of an agreement that entails the emergence of a mortgage by virtue of law is the basis for making an entry in the specified register about the occurrence of such a mortgage. The rights of the pledgee (the right of pledge) to the pledged property are not subject to state registration. In accordance with Art. 19, not only the mortgage agreement is subject to state registration, but also the mortgage itself as an encumbrance of property. State registration of a mortgage is carried out at the location of the property that is the subject of the mortgage. The state registration of a mortgage by virtue of law is carried out simultaneously with the state registration of the property right of a person whose rights are encumbered by a mortgage, unless otherwise established by federal law. State registration of such a mortgage is carried out without submitting a separate application and without paying a state fee. The mortgagee's rights under a mortgage may be certified by a mortgage (clause 2, article 20) by virtue of law. The property on which the mortgage is established is not transferred to the mortgagee (paragraph 2, clause 1, article 338 of the Civil Code). The pledgor retains the right to use the property pledged under the mortgage agreement. The pledgor has the right to use this property in accordance with its purpose. He has the right to extract income from the property pledged under a mortgage agreement, for example, by renting out a mortgaged residential building or apartment (clause 1, article 346 of the Civil Code; clause 2, article 29 of the Mortgage Law). Property pledged under a mortgage agreement may be alienated by the pledgor to another person, in particular, by sale, donation, exchange, only with the consent of the mortgagee, unless otherwise provided by the mortgage agreement (paragraph 1, clause 2, article 346 of the Civil Code; p 1 article 37 of the Mortgage Law). In accordance with paragraph 1 of Art. 38 of the Law on Mortgage, a person who has acquired property pledged under a mortgage agreement as a result of its alienation or by way of universal succession, takes the place of the pledgor and bears all the obligations of the latter under the mortgage agreement, including those that were not properly performed by the original pledgor. A new pledgor may be released from any of these obligations only by agreement with the pledgee (see also paragraph 1 of article 353 of the Civil Code). Foreclosure on property pledged under a mortgage agreement is carried out in compliance with the rules established by Ch. IX of the Mortgage Law. Foreclosure at the request of the mortgagee is levied on property pledged under a mortgage agreement by a court decision (paragraph 1, clause 1, article 349 of the Civil Code; article 51 of the Law on Mortgage). On the basis of a notarized agreement between the pledgee and the pledgor, concluded after the grounds for foreclosure on the subject of mortgage arose, satisfaction of the pledgee's claims at the expense of the said property is possible without going to court (paragraph 2, clause 1, article 349 of the Civil Code; paragraph 1, clause 1 article 55 of the Mortgage Law). Exceptions to this rule, when foreclosure on mortgaged property is levied only by a court decision, are provided for in paragraph 2 of Art. 55 of the Mortgage Law. Features of the mortgage of residential houses and apartments are established by Ch. XIII of the Mortgage Law. So, paragraph 2 of Art. Mortgage of individual and multi-apartment residential buildings and apartments that are in state or municipal ownership is not allowed. Mortgage of a residential house or apartment owned by minor citizens, persons with limited or incapacitated legal capacity, over whom guardianship or guardianship has been established, is carried out in the manner established by the legislation of the Russian Federation for transactions with the property of wards. When mortgaging an apartment in a multi-apartment residential building, parts of which are in the common shared ownership of the pledgor and other persons, the corresponding share in the common ownership of the residential building is considered to be mortgaged along with the residential premises (Article 75 of the Law on Mortgage). In accordance with Art. 76 when granting a loan or a targeted loan for the construction of a residential building, the mortgage agreement may provide for securing the obligation with construction in progress and materials and equipment belonging to the mortgagor that are prepared for construction. As provided in paragraph 1 of paragraph 1 of Art. 77, unless otherwise provided by federal law or an agreement, a residential house or apartment acquired in whole or in part using credit funds from a bank or other credit institution or funds from a targeted loan provided by another legal entity for the purchase or construction of a residential house or apartment are considered to be located in pledge from the moment of state registration of the borrower's ownership of a residential building or apartment. Thus, in the above case, a mortgage of a residential house or apartment arises by virtue of the law, which expands the use of mortgages as a means of providing a solution to the housing problem. In accordance with par. 1 p. 1 art. 78 foreclosure by the pledgee on the mortgaged residential house or apartment and the sale of this property are grounds for terminating the right to use them by the pledgor and any other persons residing in such a residential house or apartment, provided that such a residential house or apartment was mortgaged under a mortgage agreement or under a mortgage by virtue of law to secure the repayment of a loan or a target loan provided by a bank or other credit institution or other legal entity for the purchase or construction of such or other residential house or apartment, their overhaul or other inseparable improvement, as well as for the repayment of previously provided credit or loan for the purchase or construction of a residential house or apartment. Foreclosure on a mortgaged residential house or apartment is possible both in court and out of court in compliance with the rules established by Ch. IX of the Mortgage Law. A residential house or apartment that is mortgaged under a mortgage agreement and foreclosed on is sold by sale at auction held in the form of an open auction or tender (clause 2, article 78 of the Law on Mortgage). Federal Law No. 29.12.2004-FZ of December 194, 446 "On Amendments to Article XNUMX of the Code of Civil Procedure of the Russian Federation" residential premises (parts of it), which are for a debtor citizen and members of his family living together in a room owned by this citizen, the only suitable premises for permanent residence, land plots on which these objects are located, as well as land plots, the use of which is not related to the implementation of entrepreneurial activities by the debtor citizen (in particular, when they are used for individual housing construction), in cases where the specified property is the subject of a mortgage and, in accordance with the legislation on mortgage, may be levied on it, are excluded from the list of property that cannot be levied on executive documents. Paragraph 3 of Art. 78 of the Law on Mortgage provides that a lease agreement or a lease agreement for residential premises, concluded before the mortgage arises or with the consent of the mortgagee after the mortgage arises, remains valid when selling the residential premises. The conditions for its termination are determined by the Civil Code and the housing legislation of the Russian Federation. 5.2. Participation in shared construction of apartment buildings and other real estate objects In the context of the transition to a market economy, such a form of solving their housing problem by citizens as equity participation in housing construction has become widespread. Initially, such participation was labor and was used by industrial enterprises to provide housing for their workers, at present, participants in shared construction contribute money, and they are not connected by labor relations with developer organizations, which are professional participants in the housing market. The first special federal law regulating relations related to the attraction of funds from citizens and legal entities for shared housing construction on the basis of an agreement on participation in such construction is the Law on Participation in Shared Construction, which entered into force on April 14, 2005. In addition to the procedure established by the Law, the attraction of funds from citizens for the construction (creation) of apartment buildings by a legal entity with the assumption of obligations, after the fulfillment of which the citizen acquires the right of ownership of a dwelling in an apartment building under construction (created) can, in particular, be carried out by housing construction companies. and housing savings cooperatives in accordance with federal laws regulating the activities of such cooperatives (Article 1 of the Law on Participation in Shared Construction (as amended on July 18.07.2006, XNUMX)). A significant difference in the method of acquiring housing when using both procedures for attracting funds from persons wishing to purchase housing is that in the first case, the acquisition of housing is based on an agreement, and in the second - on membership in a cooperative. According to the definition given in Art. 2, a developer is a legal entity, regardless of its organizational and legal form, that owns or leases a land plot and attracts funds from participants in shared construction in accordance with the Law on Participation in Shared Construction for the construction (creation) of apartment buildings on this land plot and (or) other real estate objects, with the exception of industrial facilities, on the basis of the received building permit. The developer has the right to attract funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate objects only after obtaining, in accordance with the established procedure, a building permit, publishing, placing and (or) submitting a project declaration in accordance with the Law on Participation in Shared construction and state registration by the developer of the right of ownership to a land plot provided for the construction (creation) of an apartment building and (or) other real estate objects, which will include shared construction objects, or a lease agreement for such a land plot (part 1 of article 3 of the Law on participation in shared construction). The project declaration includes information about the developer (Art. 20) and information about the construction project (Art. 21). This declaration is published by the developer in the media and (or) posted on public information and telecommunication networks (including the Internet) no later than 14 days before the day the developer concludes an agreement with the first participant in shared construction, and is also submitted to the authority , carrying out state registration of rights to real estate and transactions with it, and specified in Part 1 of Art. 23 of the Law on participation in shared construction, the controlling body (i.e., to the federal executive body that carries out state regulation in the field of shared construction of apartment buildings and (or) other real estate objects). The developer has the right not to publish in the media and (or) not to place in the public information and telecommunication networks a project declaration, if the attraction of funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate object is carried out without production, placement and dissemination of advertising related to such fundraising. In this case, the developer is obliged to submit a project declaration to any interested person for review. The right to raise funds from citizens for the construction (creation) of an apartment building with the assumption of obligations, after the fulfillment of which the citizen acquires the right of ownership of a dwelling in an apartment building under construction (created) has developers who meet the requirements of the Law on Participation in Shared Construction on the basis of contracts for participation in shared construction. Under an agreement on participation in shared construction, one party (the developer) undertakes to build (create) an apartment building and (or) other real estate object within the period stipulated by the agreement and (or) with the involvement of other persons and, after obtaining permission to put these objects into operation, transfer the relevant object of shared construction to the participant in shared construction, and the other party (participant in shared construction) undertakes to pay the price stipulated by the contract and accept the object of shared construction if there is a permit to commission an apartment building and (or) another real estate object (part 1 of article 4) . The Government of the Russian Federation has the right to issue rules binding on the parties to the contract when it is concluded and executed. The contract is concluded in writing, is subject to state registration and is considered concluded from the moment of such registration. The procedure for state registration of contracts for participation in shared construction is determined by the new Art. 25.1, which, in accordance with the Law on Participation in Shared Construction, is supplemented by the Law on Registration of Rights to Real Estate. The requirements for the content of this agreement are established by Part 4 of Art. 4 of the Law on Participation in Shared Construction. In the absence of the conditions stipulated by it in the contract, such contract is considered not concluded. Payment of the price of the contract is made by making payments at a time or in the period established by the contract, calculated in years, months or weeks. If, in accordance with the agreement, the payment of the price of the agreement must be made by the participant in shared construction by making a lump-sum payment, a delay in payment for more than three months is the basis for the developer's unilateral refusal to execute the agreement in the manner provided for in Art. 9 of the Law on Participation in Shared Construction. If, in accordance with the agreement, payment of the price of the agreement must be made by the participant in shared construction by making payments within the period provided for by the agreement, systematic violation by the participant in shared construction of the terms for making payments, i.e. violation of the payment deadline more than three times within 12 months or delay in payment for more than three months is the basis for the developer's unilateral refusal to execute the contract in a similar manner. In case of violation of the payment deadline established by the agreement, the participant in shared construction pays the developer a penalty (penalty) in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, effective on the date of fulfillment of the obligation, from the amount of the overdue payment for each day of delay (parts 3-6 of article 5 ). The developer is obliged to transfer the object of shared construction to the participant in shared construction no later than the period stipulated by the agreement. In case of violation of the deadline for the transfer of the shared construction object to the participant in shared construction, the developer pays the participant in shared construction a penalty (penalty) in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, effective on the date of fulfillment of the obligation, from the contract price for each day of delay. If a citizen is a participant in shared construction, the specified penalty (penalty) is paid by the developer in double size. In accordance with Part 1 of Art. 7, the developer is obliged to transfer to the participant in shared construction an object of shared construction, the quality of which complies with the terms of the contract, the requirements of technical regulations, project documentation and urban planning regulations, as well as other mandatory requirements. In the event of a significant violation of the quality requirements for the shared construction object, the participant in shared construction has the right to unilaterally refuse to execute the contract and require the developer to return the funds and pay interest in accordance with Part 2 of Art. 9. The contract must establish a warranty period for the shared construction object, which cannot be less than five years. The specified warranty period is calculated from the date of transfer of the object of shared construction to the participant in shared construction, unless otherwise provided by the contract. A participant in shared construction has the right to present claims to the developer in connection with the inadequate quality of the shared construction object, provided that such quality is revealed during the warranty period. A feature of the agreement for participation in shared construction is to ensure the fulfillment of obligations under it by a pledge or surety. One of these methods ensures the return or payment of sums of money, including the amounts of losses, penalties (fines, penalties), by the developer to participants in shared construction if there are grounds provided for by law and (or) the contract (Article 12. 1). In accordance with Art. 13 of the Law on participation in shared construction from the moment of state registration of such an agreement provided for the construction (creation) of an apartment building and (or) other real estate, which will include shared construction facilities, a land plot owned by the developer on the right of ownership, or the right to lease for this land plot and an apartment building and (or) other real estate object under construction (created) on this land plot are considered to be pledged to the participants in shared construction to ensure the fulfillment of the developer's obligations under the contract. The fulfillment of these obligations may be secured by a bank guarantee (Article 15.1). The standards for assessing the financial sustainability of the developer's activities are established by the Government of the Russian Federation (part 4 of article 23). 5.3. Privatization of residential premises by citizens Currently, one of the grounds for the emergence of citizens' ownership of residential premises remains the privatization of state and municipal housing. In connection with the adoption of the Housing Code, the process of housing privatization in Russia will be completed by March 1, 2010 (Clause 1, Part 2, Article 2 (as amended on June 30.06.2006, 15.06.2006) of the Law on the Introduction of Housing Code). By Resolution of the Constitutional Court of the Russian Federation dated June 6, 1 No. 4-P, the provision of Part 12 of Art. 1 of the Law on the Privatization of Housing (as amended by Article 2005 of the Law on the Introduction of Housing Code), by virtue of which residential premises provided to citizens under social contracts after March XNUMX, XNUMX were not subject to free privatization (within the general period of validity of the rules on the privatization of housing stock established by law). Consequently, these residential premises can also be privatized. In Art. 1 of the Law on Privatization, privatization of housing is defined as the free transfer to the ownership of citizens of the Russian Federation on a voluntary basis of the residential premises occupied by them in the state and municipal housing stock, and for citizens of the Russian Federation who have booked residential premises - at the place of reservation of residential premises. This Law applies only to residential premises included in the state and municipal housing stock. At the same time, in paragraph 6 of the resolution of July 04.07.1991, 1542 No. 1-XNUMX “On the implementation of the RSFSR Law “On the privatization of housing stock in the RSFSR””, the Supreme Council of the RSFSR recommended that public associations (organizations) transfer and sell housing in their ownership into the ownership of citizens on the terms provided for the state and municipal housing stock. The principles of housing privatization carried out in accordance with the Law are: 1) voluntariness; 2) free; 3) disposability. The principle of voluntariness means that citizens themselves decide whether to privatize their housing or not, and in the event of a positive decision, which of the family members will participate in the implementation of privatization, and who will not take part in privatization. According to Art. 11 of the Law on Privatization of Housing, every citizen has the right to acquire ownership free of charge, in the order of privatization, housing in the state and municipal housing fund of social use once. However, minors who have become owners of the occupied residential premises in the order of its privatization retain the right to a one-time free privatization of residential premises in the houses of the state and municipal housing stock after they reach the age of majority. As explained in paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of August 24.08.1993, 8 No. XNUMX, citizens who have expressed their consent to the acquisition by other persons living with them of the occupied premises retain the right to free acquisition of ownership in the order of privatization of another subsequently received residential premises. This explanation is substantiated by the fact that in this case, the opportunity given to these persons to privatize free-of-charge living quarters was not realized only once when giving consent to the privatization of housing by other persons. According to Art. 2 of the Law on the Privatization of Housing, citizens of the Russian Federation occupying residential premises in the state and municipal housing stock, including housing stock, which is under the economic management of enterprises or the operational management of institutions (departmental fund), under the terms of social employment, have the right, with the consent of all cohabiting adult members families, as well as minors aged 14 to 18 years old, acquire these premises in their ownership on the terms provided for by the Law on Privatization, other regulatory legal acts of the Russian Federation and subjects of the Russian Federation. Living quarters shall be transferred into common ownership or into the ownership of one of the cohabiting persons, including minors. The above norm does not say whether privatized residential premises are transferred to a common share or common joint ownership, however, in this case, it is necessary to keep in mind the norm of paragraph 3 of Art. 244 of the Civil Code, according to which, if the law does not directly provide for the formation of joint ownership of certain property, common ownership of this property is shared. Consequently, since the law does not provide for the possibility of the emergence (as was the case earlier) of joint ownership of privatized residential premises, common ownership of them can only be shared. With this in mind, Art. 3.1, according to which, in the event of the death of one of the participants in joint ownership of a dwelling privatized before May 31, 2001 (i.e., until the moment when it was allowed to transfer privatized dwellings at the choice of citizens to their common shared or joint ownership) , the shares of the participants in common ownership of this residential premises are determined, including the share of the deceased. At the same time, the specified shares in the right of common ownership of this residential premises are recognized as equal. At the same time, this article stipulates that the rules contained in it are applied insofar as federal laws do not establish otherwise for certain types of joint ownership. It should be noted that this article of the Law on the privatization of housing will remain in force after March 1, 2010 (clause 1, part 2, article 2 of the Law on the introduction of the ZhK). When privatizing residential premises, the written consent of the above persons must be obtained, including temporarily absent citizens, who, in accordance with the law, retain the right to use residential premises (those called up for military service, who went to study in another area, etc.). Such consent must also be obtained from former family members if they have retained the right to use the premises (part 4 of article 69 of the LC). Residential premises in emergency condition, in dormitories, in houses of closed military camps, as well as office premises, with the exception of state farms and other agricultural enterprises equated to them, and the housing stock of stationary institutions of social protection of the population located in rural areas are not subject to privatization. (except for the housing stock located outside the territory of these institutions. - See Ruling of the Constitutional Court of the Russian Federation of December 10.12.2002, 316 No. 0-03.11.1998). From the same norm, taking into account the Decree of the Constitutional Court of the Russian Federation of November 25, 2 No. XNUMX-P, the indication of acquired premises in communal apartments was excluded, and therefore the privatization of rooms in communal apartments is permissible, which is carried out subject to the same conditions as privatization separate apartments (Article XNUMX of the Law on Privatization of Housing) and does not require the consent of persons occupying other residential premises in this communal apartment. Owners of the housing stock or bodies authorized by them, as well as enterprises to which the housing stock is assigned on the right of economic management, and institutions in whose operational management the housing stock has been transferred with the consent of the owners, have the right to make decisions on the privatization of office premises and housing located in rural areas. fund of stationary institutions of social protection of the population (Article 4 of the Law on Privatization of Housing). Since only residential premises occupied by citizens under social tenancy agreements can be privatized, any residential premises occupied under other agreements (rental agreements or gratuitous use of all types of specialized residential premises, commercial rental agreements) are not subject to privatization, in addition to the above. According to Art. 18 of the Law on the Privatization of Housing, citizens who occupy the relevant residential premises retain the right to privatize them upon transfer of the housing stock that was under the economic management of enterprises or the operational management of institutions to the economic management or operational management of the successors of these enterprises, institutions (if they are defined) or in the jurisdiction of local self-government bodies of settlements in the prescribed manner in connection with the transfer of state or municipal enterprises, institutions to a different form of ownership or their liquidation. The transfer of residential premises to the ownership of citizens is carried out by authorized owners of these residential premises by state authorities, local governments, as well as state or municipal unitary enterprises, to which the housing stock is assigned on the right of economic management, state or municipal institutions, state-owned enterprises, in the operational management of which the housing stock was transferred (Article 6). In accordance with Art. 7 the transfer of residential premises to the ownership of citizens is formalized by a transfer agreement concluded by state authorities or local self-government bodies of settlements, an enterprise, an institution with a citizen receiving residential premises into ownership in the manner prescribed by law. At the same time, the notarization of this agreement is not required and the state fee is not charged. The contract for the transfer of residential premises into ownership includes minors who have the right to use this residential premises and live together with persons to whom this residential premises is transferred into common ownership with minors, or minors who live separately from these persons, but who have not lost the right to use this residential premises . The right of ownership to the acquired residential premises arises from the moment of state registration of the right in the Unified State Register of Rights to Real Estate and transactions with it. The decision on the issue of privatization of residential premises should be made at the request of citizens within two months from the date of submission of documents (part 1 of article 8). In practice, there are cases when, during the lifetime of the tenant, the privatization of the dwelling was not completed due to his death, and the heirs of the deceased go to court with claims to recognize the deceased tenant's ownership of this dwelling or part of it in order to include them in the inheritance. Initially, the courts denied such claims, referring to the fact that the privatization of the residential premises in these situations was not completed and therefore there were no grounds for recognizing the ownership of the residential premises for the deceased person. However, the Plenum of the Supreme Court of the Russian Federation clarified that if a citizen who filed an application for privatization and the necessary documents died before the execution of an agreement on the transfer of residential premises to ownership or before the registration of such an agreement, then in the event of a dispute over the inclusion of this residential premises or part of it in the estate, it must be borne in mind that this circumstance in itself cannot serve as a basis for refusing to satisfy the claim of the heir, if the testator, having expressed his will to privatize the occupied premises during his lifetime, did not withdraw his application, because due to independent from him, for reasons, he was deprived of the opportunity to comply with all the rules for processing documents for privatization, in which he could not be refused (paragraph 3, clause 8 of the resolution of 24.08.1993 No. 8). Citizens who have become owners of residential premises own, use and dispose of them at their own discretion, have the right to sell, bequeath, lease, lease these premises, as well as make other transactions with them that do not contradict the law. However, part 2 of Art. 2 of the Law on Privatization of Housing (continuing to be valid after March 1, 2010) provides that in order to make transactions in relation to privatized residential premises in which minors live, regardless of whether they are owners, co-owners or members of the family of owners, including the former, who have the right to use this residential premises, require prior permission from the guardianship and guardianship authorities. This rule also applies to residential premises in which minors do not live, but at the time of privatization they had equal rights to this residential premises with the owner. In practice, there are cases when citizens wish to terminate the agreement they have concluded on the privatization of residential premises, i.e., to de-privatize the residential premises ("de-privatize" it). The motives that encourage citizens to apply for termination of such an agreement are the fear of incurring significant financial costs in the future in connection with the payment of real estate tax, the cost of maintaining and repairing the common property of the owners of privatized residential premises, the desire to obtain a larger municipal living space instead of the occupied apartment, etc. In accordance with Art. 20 of the Law on the introduction of housing estates, citizens who have privatized residential premises, which are their only place of permanent residence, until March 1, 2010, have the right to transfer the residential premises belonging to them on the right of ownership and free from obligations to state or municipal property, and the relevant executive authorities, local self-government bodies or persons authorized by them are obliged to take them into ownership and conclude social tenancy agreements for these residential premises with citizens and members of their families living in these residential premises, in the manner established by the legislation of the Russian Federation. Topic 6. Ownership and other real rights to residential premises 6.1. Rights and obligations of the owner of the dwelling and other citizens living in the premises belonging to him Proclaimed in Art. 40 of the Constitution, the right of citizens to housing is realized in various ways. Until recently, citizens met their housing needs to a large extent at the expense of housing received for use from state and public housing funds, although a considerable part of the population solved their housing problem at the expense of their own individual housing stock. In connection with the implementation of the transition to a market economy at the present stage, the problem of changing the structure of the housing stock by forms of ownership is being solved, aimed at developing private ownership of real estate in the housing sector and expanding the housing market. Based on this, individual housing construction is considered as the most important form of building up the housing stock, and the use of individual housing stock is considered as the most important way to meet the housing needs of citizens. It should be noted that with regard to private ownership of residential premises, unless otherwise provided by law, the general provision is currently applied, according to which the quantity and value of property owned by citizens and legal entities is not limited (clause 2 of article 213 of the Civil Code ). A significant expansion of the private housing stock, in addition to the development of individual housing construction, which was previously carried out in Russia in significant volumes, was facilitated by the past processes of privatization of state, municipal and public housing, the transfer of cooperative housing to private ownership of citizens, as well as the transition to mass construction of housing for sale . The new situation that has developed in the housing sector is reflected in the LCD, in which a special section is devoted to the right of ownership and other real rights to residential premises, preceding the section on residential premises provided under a social contract of employment (Section II). This section primarily regulates the rights and obligations of the owner of the dwelling, as well as other citizens living in the premises belonging to him. The owner of the residential premises shall exercise the rights of possession, use and disposal of the residential premises belonging to him on the right of ownership in accordance with its purpose and the limits of its use established by the LCD. At the same time, according to part 2 of Art. 30 of the LC, the owner has the right to provide the residential premises belonging to him for the possession and (or) use of any citizen or legal entity. Article 288 of the Civil Code provides that a citizen - the owner of a dwelling may use it for personal residence, as well as for the residence of members of his family. Residential premises may be leased by their owners for residence to other persons on the basis of an agreement. The obligations of the owner include, unless otherwise provided by federal law or an agreement, the burden of maintaining the residential premises belonging to him and, if this premises is an apartment, the common property of the owners of premises in the corresponding apartment building, and the owner of a room in a communal apartment also bears the burden of maintaining the common property of the owners rooms in this apartment. The owner of a dwelling is obliged to maintain this premises in proper condition, preventing mismanagement of it, to observe the rights and legitimate interests of neighbors, the rules for the use of residential premises, the rules for maintaining the common property of owners of premises in an apartment building (Article 30 of the LCD). Family members of the owner of a dwelling have the right to use this dwelling on an equal footing with the owner, unless otherwise established by an agreement between the owner and members of his family. The LCD (part 1, article 31) defines the circle of persons who are recognized as family members of the owner of the dwelling. These include the spouse living together with the owner in the living quarters belonging to him, as well as the children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner's family if they are moved in by the owner as members of his family. For the first time in housing legislation, the obligations of a family member of the owner of a dwelling are defined (parts 2-3 of article 31 of the LC). They are obliged, first of all, to use this dwelling for its intended purpose, to ensure its safety. In addition, capable members of the owner's family shall be jointly and severally liable for the obligations arising from the use of this dwelling, unless otherwise established by agreement between the owner and members of his family. The Law on Amendments to the Civil Code amended paragraph 2 of Art. 292 of the Civil Code, according to which the transfer of ownership of a residential building or apartment to another person is the basis for terminating the right to use the residential premises by family members of the former owner, unless otherwise provided by law. This new provision in the legislation cannot be assessed unambiguously. On the one hand, it allows the owners of residential premises to more freely dispose of the latter, since the subsequent eviction of the owner's family members from these premises does not require their consent when applying the above rule. In addition, it guarantees to a greater extent the observance of the interests of the purchasers of residential premises. However, on the other hand, such a change in the legislation worsens the situation of capable family members of the owner of the dwelling (his spouse, adult children, etc.), since from a legal point of view there is no need to agree with them on the alienation of the dwelling they use. At the same time, the alienation of a dwelling in which family members of the owner of this dwelling under guardianship or guardianship or minor members of the owner’s family left without parental care (of which the guardianship and guardianship body is aware) live, if the rights or legally protected interests of these persons, is allowed with the consent of the body of guardianship and guardianship (paragraph 4 of article 292 of the Civil Code). As provided by paragraph 3 of Art. 292 of the Civil Code, family members of the owner of the dwelling may demand the elimination of violations of their rights to the dwelling from any person, including the owner of the dwelling. Differently than in the previous legislation, the issue of the rights of former family members of the owner of the dwelling is resolved. In accordance with Part 4 of Art. 31ЖК in the event of termination of family relations with the owner of the dwelling, the right to use this dwelling for the former family member of its owner is not retained, unless otherwise established by agreement between the owner and the former member of his family. If the former family member of the owner of the dwelling has no grounds for acquiring or exercising the right to use another dwelling, and also if his property status and other noteworthy circumstances do not allow him to provide himself with another dwelling, the right to use the dwelling owned by the specified owner may be reserved for a former member of his family for a specified period on the basis of a court decision. At the same time, the court has the right to oblige the owner of the residential premises to provide the former spouse and other members of his family with other residential premises, in whose favor the owner fulfills maintenance obligations, at their request. Upon the expiration of the term for the use of residential premises, established by a court decision, taken subject to the above conditions, the corresponding right to use the residential premises of a former member of the owner's family is terminated unless otherwise agreed between the owner and this citizen. Before the expiration of the specified period, the right to use the living quarters of the former family member of the owner shall be terminated simultaneously with the termination of the ownership right to this living quarters of this owner or, if the circumstances that served as the basis for the preservation of such a right have disappeared, on the basis of a court decision. In accordance with Art. 19 of the Law on the introduction of the LCD, the provisions of Part 4 of Art. 31 of the LC does not apply to former family members of the owner of the privatized residential premises, provided that at the time of privatization of this residential premises, these persons had equal rights to use this premises with the person who privatized it, unless otherwise provided by law or contract. A citizen who uses residential premises on the basis of an agreement with the owner has rights, bears duties and responsibilities in accordance with the terms of such an agreement (part 7 of article 31 of the LC). The LCD regulates in more detail the relations to ensure the housing rights of the owner of a dwelling, arising from the withdrawal of a land plot for state or municipal needs. Article 32 of the LC provides that residential premises in such cases may be withdrawn from the owner by way of redemption. The redemption of a part of a dwelling is allowed only with the consent of the owner. Depending on for whose needs the land plot is withdrawn, the purchase of residential premises is carried out by the Russian Federation, the relevant subject of the Russian Federation or a municipality. Since the presence of a decision of a state authority on the withdrawal of residential premises burdens the residential premises, this decision is subject to state registration with the body that carries out state registration of rights to real estate and transactions with it. The owner of the residential premises not later than one year before the forthcoming withdrawal of this premises must be notified in writing of the decision to withdraw the residential premises belonging to him, of the date of state registration of such a decision upon the application of the body that made the decision to withdraw. Redemption of a dwelling before the expiration of a year from the date of receipt by the owner of such notification is allowed only with the consent of the owner. The redemption price of a dwelling, the terms and other conditions for the redemption are determined by an agreement with the owner of the dwelling. The agreement includes the obligation of the Russian Federation, a subject of the Russian Federation or a municipality to pay the redemption price for the withdrawn residential premises. When determining the redemption price, it includes the market value of the dwelling, as well as all losses caused to the owner by the withdrawal of the dwelling, including losses that he incurs in connection with a change in the place of residence, temporary use of another dwelling before acquiring ownership of another dwelling (in if the above agreement does not provide for the preservation of the right to use the confiscated residential premises until the acquisition of ownership of another residential premises), moving, searching for another residential premises to acquire ownership of it, registration of ownership rights to another residential premises, early termination of one's obligations to third parties including lost profits. By agreement with the owner, he may be provided with another dwelling in exchange for the withdrawn dwelling, offsetting its value in the redemption price. If the owner does not agree with the decision to withdraw the dwelling or no agreement has been reached with him on the redemption price or other conditions for the redemption, the state authority or local self-government body that made such a decision may file a claim with the court for the redemption of the residential premises, which may be filed within two years from the date of sending the notification to the owner of the residential building. For the first time, the LCD regulates issues related to the demolition of an emergency apartment building. According to part 10 of Art. 32 of the LCD, the recognition in the established manner of an apartment building as emergency and subject to demolition is the basis for the presentation by the body that made the relevant decision to the owners of the premises in the indicated building of the requirement for its demolition within a reasonable time. In the event that these owners did not carry out the demolition of the specified house within the prescribed period, the land plot on which the house is located is subject to withdrawal for municipal needs and, accordingly, each dwelling in an apartment building is subject to withdrawal, with the exception of residential premises owned by the municipality , in compliance with all the above rules, except for the rule on notifying the owner of the dwelling about the decision made and its state registration (part 10 of article 32 of the LC). In addition to other issues related to the use of residential premises that make up the private housing stock, the LCD regulates such an issue as the use of residential premises provided under a testamentary refusal (Article 33). The LCD also contains a rule on the use of residential premises on the basis of a life-long maintenance agreement with a dependent (Article 34). In the event that a citizen using residential premises on the basis of a court decision on the preservation of the right to use this premises, taken subject to the provisions of Part 4 of Art. 31 of the LCD, or on the basis of a testamentary refusal, uses this dwelling for other purposes, systematically violates the rights and legitimate interests of neighbors or mismanages the dwelling, allowing it to be destroyed, the owner of the dwelling has the right to warn this citizen about the need to eliminate the violations, and if they entail the destruction of the dwelling, also have the right to appoint him a reasonable period for the repair of the dwelling house. If this citizen, after warning the owner of the dwelling, continues to violate the rights and legitimate interests of neighbors, use the dwelling for other purposes or without good reason does not carry out the necessary repairs, such a citizen, at the request of the owner of the dwelling, is subject to eviction on the basis of a court decision. 35 LCD). Currently, the issue of protecting the rights of persons acquiring residential premises under purchase and sale agreements and other transactions is recognized as relevant. As you know, the acquisition of residential premises is associated with a certain risk, since after registration of ownership, there may be grounds for recognizing the contract on the alienation of residential premises as invalid. In this case, the general provisions of civil law on the inadmissibility of claiming property from a bona fide purchaser should be applied. In accordance with Art. 302 of the Civil Code, if property was acquired for compensation from a person who did not have the right to alienate it, which the acquirer did not know and could not know (a bona fide purchaser), then the owner has the right to claim this property from the acquirer only in cases where the property is lost by the owner or person, to whom the property was transferred by the owner into possession, or stolen from one or the other, or left their possession in another way against their will. Obviously, the first two of these grounds for claiming property from a bona fide purchaser are not applicable to residential premises, since the latter cannot be lost or stolen. As for the disposal of a dwelling from the possession of the owner or the person to whom this premises was transferred by the owner into possession, against their will, the existence of such a ground is possible, for example, in the case of the sale of an apartment under a false power of attorney with subsequent state registration of ownership of it on another person. If property, including residential premises, was acquired free of charge, for example, under a donation agreement, from a person who did not have the right to alienate it, the owner has the right to claim the property in all cases. Thus, as a general rule, residential premises cannot be claimed from a bona fide purchaser. However, for many years, judicial practice in Russia has developed in a different way. Having found the grounds for recognizing the transaction for the alienation of residential premises as invalid, the courts automatically applied the norms of civil law on the consequences of recognizing transactions as invalid and obligated bona fide purchasers to return residential premises to their former owners. As a result, a very fertile ground was created for sellers to abuse the sale of residential premises, the legitimate interests of bona fide purchasers were significantly violated, and there was a well-founded feeling of uncertainty and fear among the purchasers of housing, since in many cases they could not know for sure whether there are grounds for subsequently recognizing the transaction concluded by them as invalid. The existing abnormal situation in the housing market was partially eliminated by the Resolution of the Constitutional Court of the Russian Federation of April 21.04.2003, 6 No. 1-P "On the case of checking the constitutionality of the provisions of paragraphs 2 and 167 of Article 6 of the Civil Code of the Russian Federation in connection with complaints from citizens O. M. Marinicheva, A V. Nemirovskaya, Z. A. Sklyanova, PM Sklyanova and V. M. Shiryaev" (hereinafter referred to as Resolution No. 167-P). As stated in this Decree, according to Art. 1 of the Civil Code, an invalid transaction does not entail legal consequences, with the exception of those related to its invalidity, and is invalid from the moment it is made (clause 2); if the transaction is invalid, each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind (including when the received is expressed in the use of property, work performed or service provided), to reimburse its value in money - if other consequences the invalidity of the transaction is not provided for by law (clause XNUMX). These provisions were applied by the courts of general jurisdiction when considering cases on claims to invalidate transactions concluded by the applicants for the sale of residential premises. However, in Resolution No. 6-P, the Constitutional Court of the Russian Federation draws attention to the following circumstances. The Constitution guarantees freedom of economic activity, the right of everyone to own property, own, use and dispose of it, both individually and jointly with other persons, as well as the recognition and protection of property, its protection by law (Article 8 and Parts 1 and 2 of Art. 35). These rights, as follows from Art. 1, 2, 15 (part 4), 17 (parts 1 and 2), 19 (parts 1 and 2), 45 (part 1) and 46 of the Constitution are guaranteed as fundamental and inalienable human rights and freedoms and citizen and are implemented on the basis of general legal principles of legal equality, inviolability of property and freedom of contract, presupposing equality, autonomy of will and property independence of participants in civil law relations, the inadmissibility of arbitrary interference by anyone in private affairs, the need for the unhindered exercise of civil rights, ensuring the restoration of violated rights , their judicial protection, which are also proclaimed among the main principles of civil legislation (Resolution of the Constitutional Court of the Russian Federation dated April 01.04.2003, 4 No. 2-P “In the case of verifying the constitutionality of the provisions of paragraph 7 of Article XNUMX of the Federal Law “On Auditing” in connection with a complaint from a citizen I. V. Vystavkina"). Within the meaning of Art. 35 (part 2) of the Constitution in conjunction with Art. 8, 34, 45, 46 and 55 (part 1), the rights of possession, use and disposal of property are provided not only to owners, but also to other participants in civil circulation. In cases where property rights to a disputed thing, which have arisen on the grounds provided for by law, have other than the owner, persons - owners and users of the thing, these persons must be guaranteed state protection of their rights. These property rights include the rights of a bona fide purchaser. However, by virtue of Art. 15 (part 2), 17 (part 3), 19 (parts 1 and 2) and 55 (parts 1 and 3) of the Constitution and based on the general legal principle of justice, the protection of property rights and other property rights, as well as rights and obligations of the parties in the contract should be carried out on the basis of proportionality and proportionality in order to ensure a balance of rights and legitimate interests of all participants in civil circulation - owners, parties to the contract, third parties. At the same time, possible restrictions by federal law on the rights of possession, use and disposal of property, freedom of entrepreneurial activity and freedom of contracts must also meet the requirements of fairness, be adequate, proportional, proportionate, be of a general and abstract nature, not be retroactive and not affect the essence of these constitutional rights. , i.e. not limit the scope and application of the main content of the relevant constitutional norms. The very possibility of restrictions, as well as their nature, should be determined by the need to protect constitutionally significant values, namely the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensuring the defense of the country and the security of the state. This provision corresponds to the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950, according to which the right of every natural and legal person to respect for his property and its protection (and the resulting freedom to use property) does not infringe on the right of the state to ensure compliance with such laws as it deems necessary to control the use of property in accordance with the general interest (Article 1 of Protocol No. 1). The constitutional principles of freedom of economic activity and free movement of goods, services and financial resources presuppose the existence of appropriate guarantees of stability, predictability and reliability of civil circulation, which would not contradict the individual, collective and public rights and legitimate interests of its participants. Therefore, in accordance with Art. 71 (clauses "c" and "o") and 76 of the Constitution regulate the grounds for the emergence and termination of property rights and other property rights, contractual and other obligations, grounds and consequences for the invalidity of transactions, the federal legislator should provide for such methods and mechanisms for the implementation of property rights, which would provide protection not only to owners, but also to bona fide purchasers as participants in civil transactions. Otherwise, for a wide range of bona fide purchasers who show goodwill, reasonable diligence and caution when concluding a transaction, there will be a risk of unlawful loss of property that can be claimed from them in the order of restitution. Such insecurity conflicts with the constitutional principles of freedom of economic activity and freedom of contracts, destabilizes civil circulation, undermines the trust of its participants in each other, which is incompatible with the foundations of the constitutional system of the Russian Federation as a rule of law state in which a person, his rights and freedoms are the highest value. and their recognition, observance and protection is the duty of the state. According to the Civil Code, a person who believes that his property rights have been violated has the right to apply to the court both with a claim for the recognition of the relevant transaction as invalid (Articles 166-181), and with a claim for the recovery of property from someone else's illegal possession (Articles 301-302 ). Meanwhile, as follows from the materials of the present case, the norms fixing these methods of protecting violated rights, including Art. 167 and 302 of the Civil Code, are interpreted and applied by the courts of general jurisdiction ambiguously, contradictory, which leads to a conflict of constitutional rights, which are realized on their basis by the owner and a bona fide purchaser. From Art. 120 (part 2) of the Constitution in conjunction with its art. 76 (parts 3, 5 and 6), 118, 125, 126 and 127 it follows that the courts of general jurisdiction and arbitration courts independently decide which rules are to be applied in a particular case. At the same time, judicial practice must ensure the constitutional interpretation of the normative provisions to be applied. Therefore, in cases where ambiguity and inconsistency in the interpretation and application of legal norms leads to a conflict of constitutional rights implemented on their basis, the issue of eliminating such a contradiction acquires a constitutional aspect and, therefore, falls within the competence of the Constitutional Court of the Russian Federation, which, assessing as a literal sense of the normative act in question, as well as the meaning given to it by the established law enforcement practice, as well as based on its place in the system of legal acts (Part 2, Article 74 of the Federal Constitutional Law of July 21.07.1994, 1 No. XNUMX-FKZ "On the Constitutional Court of the Russian Federation") , provides in these cases the identification of the constitutional meaning of the law in force. The Civil Code provides that the owner has the right to reclaim his property from someone else's illegal possession (Article 301). According to paragraph 1 of Art. 302 if the property was acquired for compensation from a person who did not have the right to alienate it, which the acquirer did not know and could not know (a bona fide purchaser), then the owner has the right to claim this property from the acquirer in the event that the property was lost by the owner or the person to whom the property was transferred by the owner into possession, or stolen from one or the other, or left their possession in another way against their will. Within the meaning of these legal provisions, the court must establish that the property was removed from the possession of the owner or from the possession of the person to whom it was transferred by the owner into possession, due to the indicated circumstances, and also that the acquirer acquired the property for compensation and that he did not know and could not know about that the property was acquired from a person who did not have the right to alienate it; at the same time, the acquirer cannot be recognized as bona fide if, by the time the onerous transaction was made, there were claims of third parties in respect of the disputed property, of which he was aware, and if such claims were later recognized legitimate in the prescribed manner. When, under a reimbursable contract, property was acquired from a person who did not have the right to alienate it, the owner has the right to apply to the court in accordance with Art. 302 of the Civil Code with a claim for the recovery of property from the illegal possession of the person who acquired this property (vindication claim). If, in such a situation, the owner filed a claim for the recognition of the sale and purchase transaction as invalid and for the application of the consequences of its invalidity in the form of the return of the property transferred to the buyer, and when resolving this dispute, the court establishes that the buyer is a bona fide purchaser, in satisfaction of the claims in accordance with Art. 167 of the Civil Code should be refused. In accordance with paragraph 1 of Art. According to Art. 166 of the Civil Code, it is considered invalid from the moment of its commission and does not give rise to the legal consequences for which it was concluded, including the transfer of the title of the owner to the acquirer; at the same time, as a general rule, the application of the consequences of the invalidity of the transaction in the form of bilateral restitution is not made dependent on the good faith of the parties. However, from Art. 168 of the Civil Code, according to which a transaction that does not comply with the requirements of the law is void, if the law does not establish that such a transaction is voidable, or does not provide for other consequences of the violation, it follows that the general provisions on the consequences of the invalidity of the transaction do not apply to a transaction made in violation of the law if the law itself provides for other consequences of such a violation. Since a bona fide acquisition within the meaning of Art. 302 of the Civil Code is possible only when the property is acquired not directly from the owner, but from a person who did not have the right to alienate this property, the consequence of a transaction made with such a violation is not bilateral restitution, but the return of property from illegal possession (vindication). Consequently, the rights of a person who considers himself the owner of the property are not subject to protection by satisfying a claim against a bona fide purchaser using the legal mechanism established by paragraphs 1 and 2 of Art. 167 GK. Such protection is possible only by satisfying the vindication claim, if there are those provided for in Art. 302 of the Civil Code of the grounds that give the right to claim property from a bona fide purchaser (gratuitous acquisition of property by a bona fide purchaser, disposal of property from the owner's possession against his will, etc.). Another interpretation of the provisions of paragraphs 1 and 2 of Art. 167 of the Civil Code would mean that the owner has the opportunity to resort to such a method of protection as the recognition of all completed transactions for the alienation of his property as invalid, that is, to demand the return of what was received in kind, not only when it comes to one (first) transaction made with violation law, but also when the disputed property was acquired by a bona fide purchaser on the basis of subsequent (second, third, fourth, etc.) transactions. This would violate the guarantees arising from the Constitution established by the legislator for the protection of the rights and legitimate interests of a bona fide purchaser. Thus, contained in paragraphs 1 and 2 of Art. 167 of the Civil Code, general provisions on the consequences of the invalidity of a transaction in terms of the obligation of each party to return to the other everything received under the transaction, in their constitutional and legal sense in normative unity with Art. 166 and 302 of the Civil Code - cannot be applied to a bona fide purchaser, unless it is directly stipulated by law, and therefore do not contradict the Constitution. The named legal regulation meets the objectives of ensuring the stability of civil circulation, the rights and legitimate interests of all its participants, as well as protecting the moral foundations of society, and therefore cannot be considered as an excessive restriction of the right of the owner of property received by a bona fide purchaser, since the owner has the right to vindicate it from a bona fide purchaser. the acquirer on the grounds provided for in paragraphs 1 and 2 of Art. 302 GK. In addition, the owner who has lost property has other means of protecting his rights provided for by civil law. Taking into account the above circumstances, the Constitutional Court of the Russian Federation recognized as not contradicting the Constitution contained in clauses 1 and 2 of Art. 167 of the Civil Code, general provisions on the consequences of the invalidity of a transaction in terms of the obligation of each party to return to the other everything received under the transaction, since these provisions are, in their constitutional and legal sense, in normative unity with Art. 302 of the Civil Code - cannot be applied to a bona fide purchaser, unless this is directly stipulated by law. At the same time, he pointed out that the constitutional and legal meaning of the provisions of paragraphs 1 and 2 of Art. 167 of the Civil Code, identified in Decree No. 6-P, is generally binding and excludes any other interpretation in law enforcement practice. With regard to the above Decree No. 6-P, it should be noted that it does not completely solve the problem associated with the recovery of acquired residential premises from persons who acted in good faith and with reasonable care when acquiring them, since the norms of Art. 302 of the Civil Code, which, in the opinion of the Constitutional Court of the Russian Federation, in accordance with the constitutional and legal meaning of these norms and norms of paragraphs 1 and 2 of Art. 167 of the Constitution should be applied in such cases, they are applicable, as the Constitutional Court of the Russian Federation itself notes in Resolution No. 6-P, only when it comes to acquiring property not from the owner of this property, but from another person. Consequently, all cases where property, including residential premises, were acquired from its owner remain outside the scope of Decree No. 6-P. Meanwhile, in the overwhelming majority of cases, residential premises are purchased from their owners, which means that the majority of purchasers of residential premises are still under the threat of recognition of their transactions as invalid and the application of restitution. A way out of this situation can be found by introducing amendments to the Civil Code aimed at limiting the recognition of transactions as invalid in cases where the acquirer of the property acted in good faith. If, in the presence of this circumstance, the transactions were not recognized as invalid, the very question of the admissibility of applying in such cases the provisions of Art. 167 of the Civil Code of the consequences of the invalidity of transactions. Taking into account the possibility that real estate, primarily residential premises, could be acquired from a person who did not have the right to alienate it, by a bona fide purchaser, i.e. by a person who did not and could not know about this circumstance, the legislator adopted Federal Law of December 30.12.2004, 217 No. 223-FZ “On Amendments to Article 2 of Part One of the Civil Code of the Russian Federation and the Federal Law “On State Registration of Rights to Real Estate and Transactions with It”.” In accordance with this law, paragraph 223 of Art. 1 of the Civil Code is supplemented with the following paragraph: “Real estate is recognized as belonging to a bona fide acquirer (clause 302 of Article 302) on the right of ownership from the moment of such registration, with the exception of the cases provided for in Article 223 of this Code when the owner has the right to claim such property from a bona fide acquirer.” However, such an addition is in conflict with the general meaning of Art. XNUMX of the Civil Code, which talks about the moment the acquirer’s ownership rights arise under an agreement in relation to the normal situation when the acquirer of property under an agreement actually acquires ownership rights to this property, and does not talk about all cases of such acquisition of property when the ownership rights to the latter both it arises and it does not arise. In addition, the above rule, in the wording in which it is set out, is capable of causing a false impression that, in itself, the registration of ownership of real estate for its acquirer does not yet mean recognition of the ownership of this property by its new owner, since it is possible that the owner has the right claim such property from the acquirer. In reality, the registration of property, including immovable property, for its acquirer in all cases means that it is recognized as belonging to this person. In order for the right of ownership not to be recognized as belonging to the person in whose name it is registered, it is necessary to have a court decision that has entered into force on recognizing the certificate of state registration of his right of ownership issued to this person as invalid. Federal Law No. 30.12.2004-FZ of December 217, 31.1, supplemented the Law on Registration of Rights to Real Estate with Art. XNUMX as follows: "Article 31.1. Grounds for the payment by the Russian Federation of compensation for the loss of ownership of the acquired premises 1. The owner of a dwelling who is not entitled to claim it from a bona fide purchaser, as well as a bona fide purchaser from whom the dwelling was claimed, shall have the right to a one-time compensation at the expense of the treasury of the Russian Federation. 2. The compensation provided for in paragraph 1 of this article shall be paid if, for reasons beyond the control of the said persons, in accordance with a court decision that has entered into legal force to compensate them for the damage caused as a result of the loss of the property specified in this article, recovery under an executive document was not made within one year from the date of the beginning of the calculation of the period for presenting this document for execution. The amount of this compensation is calculated from the amount constituting the real damage, but cannot exceed one million rubles. 3. The procedure for payment by the Russian Federation of the compensation provided for by paragraph 1 of this article shall be established by the Government of the Russian Federation." The same Federal Law of December 30.12.2004, 217 No. 33-FZ Art. 9 of the Law on registration of rights to real estate is supplemented by paragraph XNUMX of the following content: "9. The provisions provided for by Article 33.1 of this Federal Law on the payment by the Russian Federation of compensation for the loss of ownership of the acquired premises shall apply if the state registration of the right of ownership of a bona fide purchaser to the residential premises was carried out after January 1, 2005", i.e. after the entry Law on registration of rights to real estate in force. From the content of the new Art. 33.1 of the Law, it is clear that the state assumes the obligation to compensate for the damage caused by the loss of residential premises to the owner, in cases where this loss occurred not through the fault of the owner himself, but through the fault of the person who alienated this residential premises without the consent of the owner. The state has imposed a similar obligation on itself in relation to bona fide purchasers who have lost their living quarters. In this case, the damage shall be compensated within the limits of the amount indicated in the above article and only in cases where it is impossible to collect it for a long period of time according to an earlier court decision. 6.2. Common property of owners of premises in an apartment building. General meeting of such owners Considerable attention in the LCD is paid to the regulation of relations arising from the common property of the owners of the premises of an apartment building (Chapter 6). The issues of regulation of these relations have become relevant in connection with the privatization of the majority of residential premises located in apartment buildings. In Art. 36 of the LCD defines the range of objects that make up the common property of the owners of premises in an apartment building. Such property includes premises in this house that are not part of apartments and are intended to serve more than one room in an apartment building, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements, where there are utilities, other equipment serving more than one room in such a house (technical basements), as well as roofs enclosing load-bearing and non-bearing structures of the specified house, mechanical, electrical, sanitary and other equipment located in this house outside or inside premises and serving more than one premises, the land plot on which this house is located, with landscaping and landscaping elements and other objects intended for maintenance, operation and improvement of such a house, located on the specified land plot. In accordance with Part 1 of Art. 36 LCD common property in an apartment building belongs to the owners of premises in such a house on the basis of common shared ownership. As specifically stated in Art. 16 of the Law on the Introduction of the Residential Complex, in the existing development of settlements, the common shared property of the owners of premises in an apartment building is the land plot on which the apartment building and other real estate objects that are part of such a house are located. Part 2 of this article provides that the land plot on which these objects are located, which was formed before the entry into force of the LCD and in respect of which the state cadastral registration was carried out, passes free of charge into the common shared ownership of the owners of premises in an apartment building. In the event that the land plot on which the apartment building and other real estate objects included in such a house are located was not formed before the entry into force of the LCD, on the basis of a decision of the general meeting of owners of premises in an apartment building, any person authorized by the specified meeting has the right to apply to the authorities state authorities or local governments with a statement on the formation of a land plot on which an apartment building is located. The formation of the land plot on which the apartment building is located is carried out by state authorities or local governments. It follows from the above norm that citizens who are owners of premises in an apartment building should not bear the costs associated with the formation of the specified land plot. From the moment the land plot is formed and its state cadastral registration is carried out, the land plot on which the apartment building and other real estate objects that are part of such a house are located, passes free of charge into the common shared ownership of the owners of premises in the apartment building. Apartment buildings and other real estate objects that are part of such buildings, built or reconstructed after the commissioning of the residential complex, are accepted by the acceptance committee only when establishing the size and boundaries of the land plots on which such apartment buildings are located. According to part 3 of Art. 36 of the LCD, a reduction in the size of common property in an apartment building is possible only with the consent of all owners of premises in this house through its reconstruction. The owners of premises in an apartment building own, use and, within the limits established by the Housing Code and civil legislation, dispose of the common property in the apartment building. Although this property is common property, taking into account its nature and purpose and as an exception to the general rule, it is prohibited: 1) to allocate in kind his share in the right of common ownership of such property; 2) alienate one’s share in the specified right of common ownership, as well as perform other actions entailing the transfer of this share separately from the right of ownership of premises in an apartment building (Part 4 of Article 37 of the Housing Code). At the same time, by decision of the owners of premises in such a house, adopted at their general meeting, objects of common property can be transferred for use to other persons if this does not violate the rights and legitimate interests of citizens and legal entities. The land plot on which the apartment building is located may be encumbered with the right of limited use by other persons. It is not allowed to prohibit the encumbrance of a land plot if it is necessary to ensure access of other persons to objects that existed before the day the LCD was put into effect, i.e. before March 1, 2005. A new encumbrance of a land plot with the right of limited use is established by agreement between the person requiring the introduction of such an encumbrance of the land plot, and the owners of premises in an apartment building. Disputes on the establishment of encumbrance of a land plot with the right of limited use or on the conditions of the said encumbrance shall be settled in court. The LCD determines that the share in the right of common ownership of common property in an apartment building of the owner of the premises in this house is proportional to the size of the total area of this premises. However, in accordance with Art. 15 of the Law on the Introduction of the LCD, this rule applies, unless otherwise established by a decision of the general meeting of owners of premises or other agreement of all participants in shared ownership of common property in an apartment building adopted before its entry into force. A share in the right of common ownership of common property in an apartment building follows the fate of the ownership of premises in such a house. Upon the transfer of this right, the share of the new owner of the premises in the right of common ownership of common property in an apartment building is equal to the share of the previous owner (Article 37 of the LC). When acquiring ownership of premises in an apartment building, the acquirer receives a share in the right of common ownership of common property in such a house. The terms of the contract, by which the transfer of ownership of the premises in an apartment building is not accompanied by the transfer of a share in the specified right of common ownership, are void (part 2 of article 38 of the LC). Article 39 of the LC, which determines the procedure for maintaining common property in an apartment building, provides that the burden of expenses for the maintenance of this property is borne by the owners of the premises in the said building. The share of obligatory expenses for the maintenance of this property is determined by the share in the right of common ownership of it. The rules for maintaining common property in an apartment building are established by the Government of the Russian Federation. For the first time, the LCD includes norms that regulate relations arising in connection with a change in the boundaries of premises in an apartment building. According to Art. 40 of the LCD, the owner of premises in an apartment building, upon acquiring ownership of premises adjacent to the premises owned by him, has the right to combine these premises into one premises in the manner established by Ch. 4 LCD. The boundaries between adjacent premises may be changed or these premises may be divided into two or more premises without the consent of the owners of other premises, if such changes or division do not entail a change in the boundaries of other premises, the boundaries and size of common property in an apartment building or a change shares in the right of common ownership of common property in such a house. If the reconstruction, reorganization and (or) redevelopment of the premises is impossible without the addition of a part of the common property in an apartment building to them, the consent of all owners of the premises in this house must be obtained for such reconstruction, reorganization and (or) redevelopment of the premises. Separately, the LCD regulates the determination of shares in the right of common ownership of common property in a communal apartment. In accordance with Art. 41 of the LCD, the owner of a dwelling in a communal apartment owns a share in the right of common ownership of common property in such an apartment. This share is proportional to the share of the area owned by the owner of the dwelling in the communal apartment. The share of the owner of a dwelling in a communal apartment in the right of common ownership of the common property in an apartment building is proportional to the sum of the sizes of the total area of the specified room and determined in accordance with the share in the common ownership of the common property in the communal apartment of this owner of the area of the premises constituting the common property in this apartment (art. 42). When an owner sells a room belonging to him in a communal apartment, the other owners of the rooms in this communal apartment have the pre-emptive right to purchase the alienated room in the manner and on the terms established by the Civil Code. In accordance with Art. 43 LCD owners of rooms in a communal apartment bear the burden of maintaining the common property in this apartment. The share of mandatory expenses for the maintenance of this property, the burden of which is borne by the owner of a room in such an apartment, is determined by his share in the right of common ownership of common property in a communal apartment. The governing body of an apartment building is the general meeting of owners of premises in this building. Its competence includes: 1) making decisions on the reconstruction of an apartment building (including with its expansion or superstructure), the construction of outbuildings and other buildings, structures, the repair of common property in an apartment building; 2) making decisions on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on its use; 3) making decisions on the transfer for use of common property in an apartment building; 4) choice of a way to manage an apartment building; 5) other issues referred by the LCD to the competence of the general meeting of owners of premises in an apartment building (Article 44 of the LCD). In Art. 45 of the LCD determines the procedure for holding this general meeting. The owners of premises in an apartment building are required to hold an annual general meeting annually. The terms and procedure for holding the annual general meeting of owners of premises in an apartment building, as well as the procedure for notifying them of their decisions, are established by the general meeting of owners of premises in this building. The general meetings held in addition to the annual general meeting are extraordinary. The meeting may be convened at the initiative of any of these owners. The owner, on whose initiative a general meeting is convened, is obliged to inform the owners of premises in an apartment building about holding such a meeting no later than ten days before the date of its holding. Within the specified period, the notice of the general meeting must be sent to each owner of the premises in this house by registered mail, unless a decision of the general meeting of owners of the premises in this house provides for another way to send this message in writing, or handed to each owner of the premises against receipt or placed in premises of an apartment building, determined by such a decision and available to all owners of premises in this building. The general meeting of owners of premises in an apartment building is eligible if it was attended by the owners of premises in this building or their representatives with more than 50% of the votes of the total number of votes. In the absence of a quorum for holding the annual general meeting, a repeated general meeting must be held (part 3 of article 45 of the LC). The right to vote at the general meeting on the issues put to the vote belongs to the owners of the premises in this building. Direct voting may be carried out by the said persons either in person or through their representative. The representative of the owner of the premises in an apartment building at the general meeting acts in accordance with the powers based on the instructions of federal laws, acts of authorized state bodies or acts of local governments, or a power of attorney drawn up in writing for voting. Such a power of attorney must contain information about the represented owner of the premises in the relevant apartment building and his representative (name or title, place of residence or location, passport data) and must be drawn up in accordance with the requirements of clauses 4 and 5 of Art. 185 of the Civil Code or certified by a notary. The number of votes that each owner of premises in an apartment building has at a general meeting is proportional to his share in the common ownership of common property in this building (part 3 of article 48 of the LCD). Decisions of the general meeting of owners of premises in an apartment building on issues put to a vote are taken by a majority vote of the total number of votes of the owners of premises in such a building participating in this meeting, with the exception of those provided for in paragraphs 1 and 3 of part 2 of Art. 44 JK decisions that are taken by a majority of at least 2/3 of the votes. Decisions of the general meeting are documented in minutes in the manner prescribed by the general meeting of owners of premises in this house. The general meeting of owners of premises in an apartment building is not entitled to make decisions on issues not included in the agenda of this meeting, as well as change the agenda. The decisions adopted by the general meeting, as well as the voting results, are brought to the attention of the owners of the premises in this house by the owner, on whose initiative such a meeting was convened, by posting an appropriate message in the premises of the house, determined by the decision of the general meeting of owners in this house and accessible to the owners of the premises in it, no later than ten days from the date of adoption of these decisions. Minutes of general meetings of owners of premises in an apartment building and decisions of such owners on issues put to a vote are stored at the place or at the address determined by the decision of this meeting. The decision of the general meeting, adopted in accordance with the procedure established by the LCD, on issues within the competence of such a meeting, is binding on all owners of premises in an apartment building, including those who did not vote. The owner of the premises in an apartment building has the right to challenge in court a decision made by a general meeting in violation of the requirements of the LCD, if he did not take part in this meeting or voted against such a decision and if such a decision violated his rights and legitimate interests. An application for such a challenge may be filed with the court within six months from the day when the said owner knew or should have known about the decision. The court, taking into account all the circumstances of the case, has the right to uphold the disputed decision if its voting could not affect the voting results, the committed violations are not significant and the decision made did not cause losses to this owner. In an apartment building, all premises in which belong to one owner, decisions on issues related to the competence of the general meeting are taken by this owner alone and are drawn up in writing. In this case, only the provisions relating to the timing of the annual general meeting of owners of premises in an apartment building are applied (Article 46 of the LC). In connection with the employment of the owners of premises in an apartment building and other reasons, it is not always advisable to hold a general meeting with the presence of these owners. Given this, the legislator provided for the possibility of holding a general meeting in the form of absentee voting. In accordance with Art. 47 of the LCD, a decision of the general meeting of owners of premises in an apartment building can be made without holding a meeting (joint presence of owners of premises in this house to discuss agenda items and make decisions on issues put to a vote) by absentee voting - transfer to a place or address , which are indicated in the notice of the general meeting, in writing the decisions of the owners on the issues put to the vote. Those who took part in the general meeting, held in the form of absentee voting, are considered to be the owners of the premises in this house, whose decisions were received before the deadline for their acceptance. Topic 7. Social rental of housing 7.1. General provisions for the rental of residential premises In accordance with the definition given in Part 1 of Art. 671 of the Civil Code, under a residential lease agreement, one party, the owner of the residential premises or a person authorized by him (lessor), undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it. The above definition of a residential lease agreement applies to all types of rental, regardless of the ownership of the residential premises that act as the object of this agreement. The landlord may be the owner of the dwelling (state, municipality, legal entity, citizen, etc.) or a person authorized by him. Only a citizen can be a tenant under a residential lease agreement. Residential premises may be provided to legal entities for possession and (or) use on the basis of a lease agreement or other agreement (part 2 of article 671 of the Civil Code). Residential premises can be rented not only by Russian, but also by foreign citizens, as well as stateless persons. This provision follows from the norm of Part 3 of Art. 62 of the Constitution, in accordance with which foreign citizens and stateless persons in the Russian Federation enjoy the rights and bear obligations on an equal basis with citizens of the Russian Federation, except in cases established by federal law or an international treaty of the Russian Federation. The Civil Code has made a number of significant adjustments to the regulation of housing relations related to the rental of residential premises. Giving a general definition of a residential lease agreement, the Civil Code at the same time singles out (Article 672) a special type of this contract - a residential lease agreement in the state and municipal housing stock for social use (social tenancy agreement). Based on the nature of this housing stock and the peculiarities of the rental relations of the residential relations included in it, the Civil Code establishes a general rule according to which a contract for the social rental of residential premises is concluded on the grounds, on the conditions and in the manner provided for by housing legislation (paragraph 3 of article 672). In the literature on housing law and in practice, the term "contract for the commercial rental of residential premises" has become widespread. This term refers to all residential tenancy agreements, with the exception of social tenancy agreements and specialized residential tenancy agreements. This name of these contracts reflects the commercial nature of the housing rental relations that are formed on their basis. The relations of commercial hiring, in contrast to the relations of social hiring and the hiring of specialized residential premises, are fully regulated by the norms of civil law. Based on the current legislation, three types of hiring of residential premises can be distinguished: 1) commercial rental of residential premises; 2) social rental of such premises; 3) hiring of specialized residential premises. The Civil Code contains a number of provisions that are of general importance for all types of rental housing. Based on the norm of paragraph 3 of Art. 672 of the Civil Code are general, in particular, the rules on the form of a tenancy agreement (Article 674), the preservation of the lease agreement when the ownership of the acquired premises is transferred (Article 675), the obligations of the tenant of the residential premises (Article 678), the moving in of temporary residents ( article 680), sublease of residential premises (clauses 1 and 3 of article 685 of the Civil Code). Along with these provisions, the Civil Code established that "other provisions of this Code shall apply to a contract of social tenancy of a dwelling, unless otherwise provided by housing legislation." The provision of residential premises for the social protection of certain categories of citizens is carried out under contracts for gratuitous use (Article 109 of the LC). 7.2. Grounds and procedure for providing housing under a social tenancy agreement One of the ways to provide citizens with housing is the provision of residential premises in the houses of the state and municipal housing stock under a social contract. Currently, the norms of housing legislation have been brought into line with the Constitution, according to which housing is provided free of charge or for an affordable fee from state, municipal and other housing funds only to the poor and other citizens specified in the law who need housing (part 3 of article 40). As stipulated by Part 2 of Art. 49 of the LCD, poor citizens who, on the grounds established by the LCD, are recognized as needing residential premises provided under social rental agreements, are provided with residential premises of the municipal housing stock in accordance with the procedure established by the LCD under social rental agreements. Low-income citizens according to the criteria of the LCD are citizens recognized as such by the local government in the manner prescribed by the law of the relevant subject of the Russian Federation, taking into account the income attributable to each family member and the value of property owned by family members and subject to taxation. Residential premises of the housing stock of the Russian Federation or the housing stock of a constituent entity of the Russian Federation under social tenancy agreements are provided to other categories of citizens defined by the federal law or the law of the constituent entity of the Russian Federation, recognized on the grounds established by the LC and (or) federal law or the law of the constituent entity of the Russian Federation as in need of residential premises. These residential premises are provided in accordance with the procedure established by the LCD, unless otherwise provided by the specified federal law or the law of the subject of the Russian Federation. Such categories of citizens may be provided under social tenancy agreements with residential premises of the municipal housing stock by local governments in the event that these bodies, in accordance with the procedure established by law, are vested with state powers to provide these categories of citizens with residential premises. Residential premises of the municipal housing stock under social tenancy agreements are provided to the above categories of citizens in accordance with the procedure established by the LC, unless otherwise provided by federal law or the law of the constituent entity of the Russian Federation (parts 3 and 4 of article 49 of the LC). Residential premises under social tenancy agreements are not provided to foreign citizens, stateless persons, unless otherwise provided by an international treaty of the Russian Federation. The provision of housing under a social tenancy agreement is carried out on the basis of the norm for the provision of living space under such an agreement (provision norm). This norm is the minimum size of the area, on the basis of which the size of the total area of \uXNUMXb\uXNUMXbthe residential premises provided under a social tenancy agreement is determined. The rate of provision is established by the local government, depending on the level of provision of residential premises provided under social rental contracts in the relevant municipality, and other factors. Federal laws, laws of the constituent entities of the Russian Federation, establishing the procedure for the provision of residential premises under social tenancy agreements specified in Part 3 of Art. 49 of the LCD for categories of citizens, these categories of citizens may be established other standards of provision. At the same time, it should be noted that the LCD does not define the minimum size of the norm of living space, on the basis of which residential premises are provided under social tenancy agreements. The level of provision of citizens with the total area of residential premises for the purpose of their registration as those in need of residential premises is determined in accordance with the accounting norm for the area of \u50b\uXNUMXbdwelling premises (accounting norm). This rule is set by the local government. At the same time, the size of such a norm cannot exceed the size of the provision norm established by this body (Article XNUMX of the LC). Article 51 of the LC provides for the grounds for recognizing citizens in need of residential premises provided under social rental agreements (hereinafter referred to as citizens in need of residential premises). According to this article, citizens are recognized as needing housing: 1) who are not tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises or family members of the owner of residential premises; 2) who are tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under such an agreement or owners of residential premises or members of the owner's family and provided with a total area of living premises per family member less than the accounting norm; 3) living in a room that does not meet the requirements established for residential premises. If the dwelling does not meet the established sanitary and technical requirements, in particular, it has irreparable shortcomings (freezing of walls, high humidity, sanitary equipment that is faulty and cannot be replaced, etc.), then citizens living in such premises are recognized as those in need of residential premises provided under social rental agreements, regardless of the size of the residential premises occupied by them; 4) who are tenants of residential premises under social tenancy agreements, family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises, family members of the owner of residential premises living in an apartment occupied by several families, if the family includes a patient suffering from a severe form of chronic a disease in which cohabitation with him in the same apartment is impossible, and who do not have other living quarters occupied under a social tenancy agreement or owned by the right of ownership. The list of relevant diseases is established by the Government of the Russian Federation. If a citizen and (or) members of his family have several residential premises occupied under social tenancy agreements and (or) owned by them, the determination of the level of provision with the total area of the residential premises is carried out based on the total total area of \uXNUMXb\uXNUMXball these residential premises. As provided for in Part 1 of Art. 52 of the LCD, residential premises under social tenancy agreements are provided to citizens who are registered as in need of such residential premises, with the exception of cases established by the LCD. To be registered as those in need of residential premises have the right specified in Art. 49 LCD category of citizens who may be recognized as in need of residential premises. If a citizen has the right to be registered on the specified account for several reasons (as a poor citizen and as belonging to a category determined by federal law or the law of a constituent entity of the Russian Federation), at his choice, such a citizen may be registered on one of these grounds or on all grounds. The registration of citizens as those in need of residential premises is carried out by the local self-government body on the basis of applications from these citizens submitted by them to the indicated body at their place of residence. In the cases and in the manner prescribed by law, citizens may apply for registration at a place other than their place of residence. Registration of incapacitated citizens is carried out at the request of their legal representatives. Documents confirming the right of the relevant citizens to be registered as those in need of residential premises must be submitted with applications for registration. A citizen who has submitted an application for registration is issued a receipt of receipt of these documents indicating their list and the date of their receipt by the body carrying out registration. The decision on acceptance for registration or refusal to do so must be made based on the results of consideration of the relevant application and other documents submitted in accordance with the above norm by the body performing registration, no later than 30 working days from the date of submission of these documents to this body. The body carrying out registration, no later than three working days from the date of the decision on registration, issues or sends to the citizen who submitted the application for registration, a document confirming the adoption of such a decision. The procedure for keeping records of citizens by a local self-government body as those in need of residential premises is established by the law of the corresponding subject of the Russian Federation. For the first time, the LCD includes a rule on the consequences of a citizen's deterioration in his living conditions, as a result of which there is a need for housing. According to Art. 53 of the LC, citizens who, with the intention of acquiring the right to be registered as needing residential premises, have taken actions as a result of which they can be recognized as needing residential premises, are registered as needing residential premises no earlier than five years from the date of committing these intentional acts. In accordance with Art. 54 of the LCD, refusal to register citizens as those in need of residential premises is allowed if: 1) the necessary documents are not submitted; 2) documents are submitted that do not confirm the right of the respective citizens to be registered as those in need of residential premises; 3) the period provided for in Art. 53 LCD term. The decision to refuse registration must contain an indication of the grounds for such a refusal with a mandatory reference to the violations provided for in Part 1 of Art. 54. This decision is issued or sent to the citizen who filed the application no later than three working days from the date of adoption of such a decision and may be challenged by him in court. The right to be registered as those in need of residential premises is retained by citizens until they receive residential premises under social rental agreements or until grounds for deregistration are identified (Article 55 of the LC). These grounds are: 1) filing by citizens at the place of registration of an application for deregistration; 2) the loss by them of the grounds giving them the right to receive housing under a social tenancy agreement; 3) departure of citizens to a place of residence in another municipality, with the exception of cases of change of place of residence within the federal cities of Moscow and St. Petersburg; 4) they receive, in accordance with the established procedure, from a public authority or a local self-government body budgetary funds for the acquisition or construction of residential premises; 5) provision by them in accordance with the established procedure from a state authority or local government body of a land plot for the construction of a residential building; 6) identification in the documents submitted by them to the body carrying out registration, information that does not correspond to reality and served as the basis for registration, as well as illegal actions of officials of the body carrying out registration, when deciding on the issue of registration. Decisions on deregistration of citizens as those in need of residential premises must be taken by the body, on the basis of whose decisions such citizens were admitted to this register, no later than within 30 working days from the date of discovery of the circumstances that are the basis for making such decisions. Decisions to deregister citizens as those in need of residential premises are issued or sent to the citizens in respect of whom they are made no later than three working days from the date such decisions are made and can be challenged by these citizens in court (Article 56 of the LC) . Residential premises are provided to citizens who are registered as in need of residential premises in order of priority based on the time such citizens were registered, with the exception of cases where residential premises are provided out of turn. According to part 2 of Art. 57 ZhK out of turn living quarters under social tenancy agreements are provided: 1) citizens whose living quarters are recognized in accordance with the established procedure as unfit for habitation and are not subject to repair or reconstruction; 2) orphans and children left without parental care, persons from among orphans and children left without parental care, at the end of their stay in educational and other institutions, including social service institutions, in foster families, children's family-type homes, upon termination of guardianship (guardianship), as well as upon termination of service in the Armed Forces of the Russian Federation or upon return from institutions executing a sentence of imprisonment; 4) citizens suffering from severe forms of chronic diseases specified in paragraph 4 of part 1 of Art. 51 LCD list. In accordance with Art. 6 of the Law on the introduction of the LCD from March 1, 2005, the registration of citizens for the purpose of subsequently providing them with social rental agreements for residential premises in the state or municipal housing stock is carried out on the grounds provided for by the LCD. Citizens registered before March 1, 2005 retain the right to be on it until they receive residential premises under social tenancy agreements. These citizens are removed from this register on the grounds provided for in clauses 1, 3 and 6 of part 1 of Art. 56 of the LC, as well as in case of loss by them of the grounds that, prior to the entry into force of the LC, gave them the right to receive residential premises under social tenancy agreements. These citizens are provided with residential premises under social tenancy agreements in the manner prescribed by the LCD, subject to the provisions of Part 2 of Art. 56. Citizens who are registered as in need of residential premises are provided with residential premises under social rental agreements on the basis of decisions of the local self-government body. Such decisions are issued or sent to the citizens in respect of whom they are taken no later than three working days from the date of their adoption. The decision to provide housing under a social tenancy agreement, made in compliance with the requirements of the LCD, is the basis for the conclusion of the relevant social rental agreement within the time period established by this decision (part 4 of article 57 of the LCD). It is necessary to pay attention to the fact that, unlike the previous housing legislation, according to the new residential complex, an order is not required to be issued to a citizen in order to move into the provided residential premises. Under a social tenancy agreement, residential premises are provided to citizens at their place of residence (within the boundaries of the corresponding settlement) with a total area per person not less than the provision rate. Rooms under social tenancy agreements can only be provided in the case provided for in Part 4 of Art. 59 LCD, i.e., upon vacating residential premises in a communal apartment. When determining the total area of a dwelling provided under a social tenancy agreement to a citizen who owns a dwelling, the area of the dwelling owned by him shall be taken into account. When providing a citizen with residential premises under a social tenancy agreement, actions and civil law transactions with residential premises are taken into account, the commission of which led to a decrease in the size of occupied residential premises or to their alienation. The specified transactions and actions are taken into account for the period established by the law of the constituent entity of the Russian Federation, preceding the provision of housing to a citizen under a social tenancy agreement, but not less than five years. The procedure for determining the total area of a dwelling in these cases is established by the legislation of the constituent entities of the Russian Federation (parts 8 and 9 of article 57 of the LCD). According to Part 1 of Art. 58 of the LCD, when providing residential premises under social tenancy agreements, the settlement of one room by persons of different sexes, with the exception of spouses, is allowed, but only with their consent. Housing under a social tenancy agreement may be provided with a total area that exceeds the provision rate per person, but not more than twice, if it is one room or one-room apartment or is intended to move in a citizen suffering from one of the severe forms of chronic diseases, specified in the stipulated paragraph. 4 h. 1 Article. 51 LCD list. The vacated living quarters in a communal apartment in which several tenants and (or) owners live, on the basis of their application, are provided under a social tenancy agreement to tenants and (or) owners living in this apartment, if they are recognized or can be in in accordance with the established procedure, they were recognized as poor and in need of housing. In the absence of these citizens in the communal apartment, the vacated living quarters are provided under a social tenancy agreement to tenants and (or) owners living in this apartment who can be recognized as poor in the prescribed manner and who are provided with a total living space per family member less than the provision rate, the basis of their application. In the absence of both of the above categories of citizens in a communal apartment, the vacated residential premises are provided under a sale and purchase agreement to citizens who are provided with a total area of \uXNUMXb\uXNUMXbliving premises per family member less than the provision rate, also on the basis of their application. In the absence of citizens belonging to one of the three categories mentioned above in the communal apartment, moving into the vacant residential premises is carried out on the basis of a social tenancy agreement in the manner prescribed by the Housing Code. In accordance with Art. 7 of the Law on the Introduction of the LCD to the relations on the use of residential premises that were located in residential buildings owned by state or municipal enterprises or state or municipal institutions and used as hostels, the norms of the LCD on a social tenancy agreement are applied. 7.3. Social tenancy agreement: main provisions The central place in the LCD is occupied by the provisions relating to the contract for the social rental of housing (Chapter 8). According to paragraph 1 of Art. 672 of the Civil Code, under such an agreement, citizens are provided with living quarters in state and municipal housing funds for social use. The contract of social tenancy of a dwelling is a civil law contract, and therefore the relations arising in connection with its conclusion are regulated by civil law (Article 672 of the Civil Code); at the same time, it is the main type of housing contract, due to which the relations generated by it are to a very large extent regulated by the norms of housing law. According to Art. 60 of the LC under this agreement, one party - the owner of the residential premises of the state or municipal housing stock (the authorized state body or the authorized local self-government body acting on its behalf) or a person authorized by it (the landlord) undertakes to transfer the residential premises to the other party - a citizen for possession and use for living in it on the conditions established by the LCD. A social tenancy agreement, in contrast to a commercial tenancy agreement, is concluded without setting a term for its validity. A change in the grounds and conditions that give the right to receive housing under a social tenancy agreement is not a basis for terminating the social tenancy agreement. In accordance with Art. 62 of the LCD, the subject of a social tenancy agreement should be a residential building (residential building, apartment, part of a residential building or apartment). An independent subject of a social tenancy agreement cannot be an uninsulated residential premises, premises for auxiliary use, as well as common property in an apartment building. Relations regarding hiring in apartment buildings are more complex, since the object of the right to use here is not only residential premises, but also common property located in these buildings, which was first established by Art. 673 GK. A similar provision is contained in Part 2 of Art. 61 LCD. Article 63 of the LC provides that a contract for the social tenancy of a dwelling is concluded in writing on the basis of a decision on the provision of a dwelling of the housing fund for social use. A standard contract for the social rental of residential premises is approved by the Government of the Russian Federation. The transfer of ownership of the residential premises occupied under a social tenancy agreement, the right of economic management or the right to operational management of such residential premises does not entail the termination or change in the terms of the social tenancy agreement (Article 64 of the LC). 7.4. Rights and obligations of the parties to the social tenancy agreement The rights and obligations of a landlord under a social tenancy agreement are defined in Art. 65 LCD. The landlord has the right to demand timely payment of the payment for the dwelling and utilities. The landlord is obliged: 1) transfer to the tenant a living space free from the rights of other persons; 2) take part in the proper maintenance and repair of common property in an apartment building in which the rented residential premises are located; 3) to carry out major repairs of residential premises; 4) provide the tenant with the necessary public services of proper quality. In addition to those indicated, the landlord bears other obligations stipulated by the housing legislation and the contract of social tenancy of a dwelling. A landlord under a social tenancy agreement who fails to fulfill his/her duties shall be liable under the law. So, if he fails to fulfill or improperly fulfills his obligations for the timely overhaul of the leased residential premises, common property in an apartment building and devices located in the residential premises and intended for the provision of public services, the tenant, at his choice, has the right to demand a reduction in the payment for the use of the occupied residential premises. premises, common property in an apartment building, or reimbursement of their expenses for eliminating shortcomings in residential premises and (or) common property in an apartment building, or compensation for losses caused by improper performance or non-performance of the specified obligations of the landlord (Article 66 of the LC). Article 67 of the LCD establishes the range of rights and obligations of the tenant of residential premises under a social tenancy agreement. The tenant has the right in the prescribed manner: 1) move other persons into the occupied premises; 2) sublease the residential premises; 3) allow temporary residents to live in the living quarters; 4) exchange or replace the occupied premises; 5) require the landlord to timely carry out a major overhaul of the residential premises, to properly participate in the maintenance of the common property in the apartment building, as well as to provide utility services. In addition to those listed, the tenant may have other rights provided for by the LCD, other federal laws and a social contract of employment. The tenant is obliged: 1) use the residential premises for their intended purpose and within the limits established by the residential complex; 2) ensure the safety of the dwelling; 3) maintain the proper condition of the dwelling; 4) carry out current repairs of residential premises; 5) timely pay for housing and utilities; 5) inform the landlord within the terms established by the agreement about the change in the grounds and conditions giving the right to use the residential premises under a social tenancy agreement. The tenant also bears other obligations stipulated by the LCD, other federal laws and the social contract of employment. A tenant of a dwelling who fails to fulfill the obligations stipulated by the housing legislation and a contract for the social tenancy of a dwelling shall be liable under the law (Article 68 of the LC). Family members of a tenant of a dwelling under a social tenancy agreement have equal rights and obligations with the tenant. Capable family members of the employer are jointly and severally liable with the employer for the obligations arising from the contract of social employment (part 2 of article 69 of the LC). The housing legislation reveals the concept of family members of the tenant of residential premises under a social tenancy agreement. In accordance with Part 1 of Art. 69 of the LCD, these include his spouse living together with the employer, as well as children and parents of this employer. Other relatives, disabled dependents are recognized as members of the employer's family if they are settled by the employer as members of his family and have a common household with him. In exceptional cases, other persons may be recognized as members of the employer's family in a judicial proceeding. The tenant's family members must be indicated in the social tenancy agreement (Part 3, Article 69 of the LC). If a citizen has ceased to be a member of the family of the tenant of the dwelling under a social tenancy agreement, but continues to live in the occupied dwelling, he retains the same rights as the tenant and members of his family have. The specified citizen is independently responsible for his obligations arising from the relevant social employment contract (part 4 of article 69 of the LC). One of the basic rights of a tenant of a dwelling under a social tenancy agreement is the right to move other persons into this premises. According to Art. 70 of the LCD, the tenant, with the consent given in writing, of his family members, including those temporarily absent, has the right to move his spouse, his children and parents into the living quarters he occupies, or with the consent of his family members given in the same form, including temporarily absent, and the landlord - other citizens as members of their family permanently residing with him. The landlord may prohibit the occupancy of citizens as members of his family living together with the tenant if, after their occupancy, the total area of the relevant residential premises per family member is less than the accounting norm. The consent of the other members of the tenant's family and the consent of the landlord is not required to move in with the parents of their minor children. As indicated in Part 2 of Art. 70 of the LCD, moving citizens into a dwelling as members of the tenant's family entails a change in the relevant contract for the social tenancy of the dwelling in terms of the need to indicate in this agreement a new member of the tenant's family. The temporary absence of the tenant of the dwelling, any of the members of his family living with him or all of these citizens does not entail a change in their rights and obligations under a social contract of employment (Article 71 of the LC). 7.5. Change, termination and termination of the social tenancy agreement Eviction of citizens from residential premises provided under a social contract According to Art. 81 of the LCD, a tenant of a dwelling under a social tenancy agreement, the total area of which per family member exceeds the provision rate, with the consent of his family members living with him, including those temporarily absent, has the right to apply to the landlord with a request to provide him with a smaller dwelling in lieu of occupied housing. The landlord, on the basis of the application of the tenant of the residential premises for the replacement of the latter, is obliged to provide the tenant, in agreement with him, with another residential premises within three months from the date of submission of the relevant application. The federal legislation and the legislation of the constituent entities of the Russian Federation may provide for other grounds for the replacement of living quarters for citizens. As provided by Art. 82 of the LCD, citizens living in the same apartment, using living quarters in it on the basis of separate social tenancy agreements and united in one family, have the right to demand the conclusion of one contract with any of them for all residential premises occupied by them. A capable family member of the tenant, with the consent of the other members of his family and the landlord, has the right to demand that he be recognized as an employer under a previously concluded social tenancy agreement instead of the original tenant. The same right belongs in the event of the death of the employer to any capable member of the family of the deceased employer. In accordance with Art. 83 LCD contract of social employment may be terminated at any time by agreement of the parties. The tenant of a dwelling under a social tenancy agreement, with the consent in writing of the members of his family living together with him, has the right to terminate the social tenancy agreement at any time. Thus, the law provides the tenant and members of his family with the opportunity to unilaterally withdraw from the specified contract, and without prior warning of this to the landlord. In the event that the tenant and members of his family leave for another place of residence, the contract for social rental of residential premises is considered terminated from the date of departure. Termination of a social tenancy agreement at the request of the landlord is allowed in court in the following cases: 1) non-payment by the tenant of payment for housing and (or) utilities for more than six months; 2) destruction or damage to the dwelling by the tenant or other citizens for whose actions he is responsible; 3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential area; 4) use of residential premises for other purposes. The contract for the social tenancy of a dwelling is terminated due to the loss (destruction) of the dwelling, with the death of the tenant who lived alone (Article 83 of the LC). There are three options for the eviction of citizens from residential premises provided under social rental agreements, which is carried out in court: 1) with the provision of other comfortable living quarters under social tenancy agreements; 2) with the provision of other residential premises under social tenancy agreements; 3) without providing other residential premises (Article 84 of the LC). The LCD reveals the concept of another well-maintained residential premises provided upon eviction from a residential premises occupied under a social tenancy agreement. Such premises are recognized as residential premises that are well-maintained in relation to the conditions of the corresponding settlement, equivalent in terms of total area to the previously occupied residential premises, meeting sanitary and technical requirements and located within the boundaries of this settlement (part 1 of article 89). If the tenant and members of his family living with him, prior to eviction with the provision of another comfortable living quarters, occupied an apartment or at least two rooms, the tenant accordingly has the right to receive an apartment or living quarters consisting of the same number of rooms in a communal apartment. In the decision of the court with this option of eviction, the specific residential premises provided to the citizen must be indicated. The grounds for eviction with the provision of another comfortable living quarters under a social tenancy agreement are determined by Art. 85 of the LCD, according to which such eviction is possible in cases where: 1) the house in which the dwelling is located is subject to demolition; 2) residential premises are subject to transfer to non-residential premises; 3) the dwelling has been declared unfit for habitation; 4) as a result of a major overhaul or reconstruction of the house, the residential premises cannot be preserved or its total area will decrease, as a result of which the tenant and members of his family living in it may be recognized as in need of residential premises, or it will increase, as a result of which the total area occupied living quarters will significantly exceed the provision rate. If the house in which the residential premises occupied under a social rental agreement is located is subject to demolition, other comfortable residential premises under social rental agreements are provided to citizens evicted from it by a state authority or local government that has decided to demolish such a house (Article 86 of the LC ). If a dwelling occupied under a social tenancy agreement is subject to transfer to a non-residential premises or is declared unfit for habitation, citizens evicted from such a dwelling shall be provided with another comfortable dwelling under a social tenancy agreement by the landlord (Article 87 of the LC). According to Art. 88 of the LCD during the overhaul or reconstruction of a residential building, if they cannot be carried out without evicting the tenant, the landlord is obliged to provide the tenant and members of his family for the duration of the overhaul or reconstruction of another residential premises without terminating the contract for the social tenancy of the residential premises located in the specified home. For the period of a major overhaul or reconstruction under a lease agreement, a residential area of a mobile fund is provided. If the tenant and members of his family refuse to move to this dwelling, the landlord may demand relocation in court. The relocation of the tenant and members of his family to the residential premises of the mobile fund and back is carried out at the expense of the landlord. In exchange for the provision of residential premises from the mobile housing stock, the landlord, with the consent of the tenant and members of his family, may provide them with another well-appointed residential premises for use with the conclusion of a social tenancy agreement. The contract of social tenancy of a dwelling in a house subject to major repairs or reconstruction is subject to termination in such cases. If, as a result of a major overhaul or reconstruction of the house, the residential premises occupied by the tenant and members of his family under a social tenancy agreement cannot be preserved or its total area will decrease, as a result of which the tenant and members of his family living in it may be recognized as needing residential premises , or increase, as a result of which the total area of occupied residential premises per family member will significantly exceed the provision rate, another residential premises must be provided under a social tenancy agreement by the landlord before the start of major repairs or reconstruction. After a major overhaul or reconstruction of the house, the tenant and members of his family living together with him have the right to move into a dwelling, the total area of \uXNUMXb\uXNUMXbwhich has decreased as a result of the major overhaul or reconstruction. When evicting with the provision of another dwelling under a social tenancy agreement, it is sufficient that the provided dwelling complies with the sanitary and technical requirements for such premises and is located within the boundaries of the respective settlement. The latter requirement must also be met, otherwise the freedom proclaimed by the Constitution to choose a place of residence for a citizen on the territory of the Russian Federation will be violated. In accordance with the current housing legislation (Article 90 of the LC), if the tenant and members of his family living with him for more than six months without good reason do not pay for housing and utilities, they can be evicted in court with the provision other residential premises under a social tenancy agreement, while the size of this premises is determined according to the norms established for moving citizens into a hostel. The law also provides for cases in which eviction from a dwelling occupied under a social tenancy agreement is carried out without the provision of another dwelling. Such eviction is possible in cases where the tenant and (or) members of his family living with him: 1) use the premises for other purposes; 2) systematically violate the rights and legitimate interests of neighbors; 3) mismanagement of residential premises, allowing its destruction (part 1 of article 91 of the LC). In the presence of these violations, the landlord is obliged to initially warn the tenant and members of his family about the need to eliminate them, and if they entail the destruction of the dwelling, he has the right to assign a reasonable time to the tenant and members of his family to eliminate these violations. If, after warning the landlord, these violations are not eliminated, the perpetrators, at the request of the landlord or other interested persons, are evicted in court without providing another dwelling. Citizens deprived of parental rights may also be evicted from the residential premises without provision of other living quarters, if their cohabitation with children in respect of whom they are deprived of parental rights is recognized by the court as impossible. 7.6. The right to exchange residential premises provided under social tenancy agreements Among the rights of a tenant of residential premises under a social tenancy agreement is the right to exchange the premises provided to him under such an agreement. In accordance with Art. 72 of the LCD, the tenant has the right, with the consent in writing of his family members living with him, including temporarily absent members of his family, to exchange the living quarters they occupy for the living quarters provided under a social tenancy agreement to another tenant. Members of his family living together with the tenant have the right to demand from the tenant the exchange of the occupied premises under a social tenancy agreement for residential premises provided under social tenancy agreements to other tenants and located in different houses or apartments. If an agreement on the exchange is not reached between the tenant and the members of his family cohabiting with him, any of them has the right to demand the implementation of a forced exchange of the occupied premises in a judicial proceeding. At the same time, noteworthy arguments and legitimate interests of persons living in the exchanged residential premises are taken into account. The exchange of residential premises provided under social tenancy agreements and in which minors, incapacitated or partially capable citizens who are members of the families of the tenants of these residential premises live, is allowed with the prior consent of the guardianship and guardianship authorities. These authorities refuse to give such consent if the exchange violates the rights or legitimate interests of these persons. Decisions of the guardianship and guardianship authorities on giving consent to the exchange of residential premises or on refusing to give such consent are taken in writing and provided to the applicants within 14 working days from the date of submission of their respective applications. The exchange of residential premises provided under social tenancy agreements can be made between citizens living in residential premises located both in one and in different settlements on the territory of the Russian Federation. The exchange of residential premises is carried out without limiting the number of participants, subject to the requirements of Part 1 of Art. 70 of the LCD, i.e., the rules on the tenant moving into the residential premises occupied by him under a social tenancy agreement of other persons. The law defines the circumstances under which the exchange of residential premises between the tenants of these premises under social tenancy agreements is not allowed. Such an exchange is excluded in cases where: 1) a claim has been brought against the tenant of the residential premises to be exchanged for the termination or amendment of the contract for the social rental of residential premises; 2) the right to use the exchanged residential premises is disputed in court; 3) the residential premises to be exchanged are recognized in accordance with the established procedure as unsuitable for habitation; 4) a decision has been made to demolish the house in question or to refurbish it for use for other purposes; 5) a decision has been made on the overhaul of the relevant house with the reconstruction and (or) redevelopment of residential premises in it; 6) as a result of an exchange, a citizen suffering from one of the severe forms of chronic diseases specified in paragraph 4 of part 1 of Art. 51 of the LCD list (art. 73 of the LCD). The exchange of residential premises between the tenants of these premises under a social tenancy agreement is carried out with the consent of the landlords on the basis of an agreement on the exchange of residential premises concluded between the indicated tenants. An agreement on the exchange of residential premises is concluded in writing by drawing up one document signed by the tenants of these residential premises. This agreement (original) is submitted by the tenants who have concluded it to each of the landlords with whom they have concluded social rental agreements for the exchanged residential premises in order to obtain consent to the implementation of the corresponding exchange. Such consent or refusal in it is drawn up by the landlord in writing and must be issued by him to the tenant who applied for consent or his representative no later than ten working days from the date of application. Refusal of the landlord to give consent to the exchange is allowed only in cases provided for in Art. 73 LCD. Such a refusal may be challenged in court. The agreement on the exchange of residential premises and the corresponding consent of each landlord under the social rental agreements of the exchanged residential premises are the basis for the termination of previously concluded social rental agreements with citizens exchanging residential premises in accordance with the specified agreement, and the simultaneous conclusion by each of the landlords who gave their consent of a new social rental agreement premises with a citizen who moves into this residential premises in connection with the exchange. Termination and conclusion of these social tenancy agreements are carried out by the landlord no later than ten working days from the date of the application of the relevant citizen and the submission of the documents mentioned above (Article 74 of the LC). The exchange of residential premises provided under a social tenancy agreement may be declared invalid by the court on the grounds established by civil law for recognizing the transaction as invalid, including if it was made in violation of the requirements provided for by the LCD. If the exchange of the said premises is recognized as invalid, the parties to the agreement on their exchange are subject to relocation to the residential premises previously occupied by them. If the exchange of residential premises provided under social tenancy agreements is declared invalid due to unlawful actions of one of the parties to the agreement on the exchange of residential premises, the guilty party is obliged to compensate the other party for losses incurred as a result of such an exchange (Article 75 of the LC). 7.7. Let's sublease a dwelling provided under a social tenancy agreement. Temporary residents The residential complex provides for the possibility of subleasing residential premises provided under a social tenancy agreement. According to Art. 76 of the LCD, the tenant of the said premises, with the consent in writing of the landlord and members of his family living together with him, has the right to transfer part of the residential premises occupied by him, and in the case of a temporary departure, the entire residential premises for sublease. In order to conclude a sublease agreement, it is necessary that after its conclusion the total area of the relevant residential premises per resident is not less than the accounting norm, and in a communal apartment - not less than the provision norm. For the sublease of a dwelling located in a communal apartment, the consent of all tenants and members of their families living together with them, all owners and members of their families living together with them is also required. The transfer of residential premises for sublease is not allowed if a citizen suffering from one of the severe forms of chronic diseases specified in paragraph 4 of part 1 of Art. 51 ZhK, as well as in other cases provided for by federal laws. The subtenant does not replace the tenant in housing relations. In accordance with Part 3 of Art. 76 of the LCD, he does not acquire an independent right to use the premises. The tenant remains responsible to the landlord under the social tenancy agreement. In accordance with Art. 77 of the LCD, the sublease agreement for housing provided under a social tenancy agreement is concluded in writing. A copy of such an agreement is transferred to the landlord. The contract must specify the citizens who move in together with the subtenant in the dwelling. This agreement is concluded for a period determined by its parties. If the term is not specified in the contract, the contract is considered concluded for one year. The contract for the sublease of residential premises provided under a social contract is paid. The procedure, conditions, terms of payment and the amount of payment for the sublease of the specified residential premises are established by agreement of the parties (Article 78 of the LCD). The contract of sublease of residential premises is terminated after the expiration of the period for which it was concluded. Since the right of the subtenant and members of his family to use the premises is derived from the corresponding right of the tenant under the social tenancy agreement, upon termination of the latter agreement, the sublease agreement also terminates. The grounds for termination of the sublease agreement for residential premises provided under a social tenancy agreement may be: 1) agreement of the parties; 2) non-fulfillment by the subtenant of the terms of the contract for sublease of residential premises. If the subtenant of a residential property provided under a social tenancy agreement, or a citizen for whose actions he is responsible, uses this residential property for other purposes, systematically violates the rights and legitimate interests of neighbors, or mishandles the residential property, allowing it to be destroyed, the tenant of the dwelling has the right to warn the subtenant of the need to eliminate the violations, and if they entail the destruction of the dwelling, he also has the right to assign him a reasonable time to repair the dwelling. If the subtenant or a citizen for whose actions he is responsible, after warning the tenant, continues to violate the rights and legitimate interests of neighbors or use the residential premises for other purposes or without good reason does not carry out the necessary repairs, the tenant has the right to terminate the sublease agreement of the residential premises in court and evict the subtenant and universes together with the sub-employer of the citizens. If, upon termination or termination of the contract for sublease of residential premises, the subtenant refuses to vacate the residential premises, he is subject to eviction in court without providing another residential premises, together with citizens living with him. If the contract for the sublease of housing provided under a social tenancy agreement is concluded without specifying a period, the party to the contract - the initiator of its termination is obliged to notify the other party of the termination of the sublease agreement three months in advance (Article 79 of the LC). A tenant of residential premises under a social tenancy agreement and members of his family living together with him, by mutual agreement and with prior notice to the landlord, have the right to allow other citizens to live free of charge in the residential premises occupied by them as temporary residents (temporary residents). The landlord has the right to prohibit the residence of temporary tenants if, after their moving in, the total area of the relevant residential premises for each resident is less than the accounting norm, and for a communal apartment - less than the provision norm. According to part 2 of Art. 80 of the LCD, the period of residence of temporary residents cannot exceed six months in a row. It appears, however, that this norm is inconsistent with the Constitution, since it violates the constitutional right of citizens of the Russian Federation to freedom of choice of place of residence. In the same way, this right is also violated by the similar norm relating to all types of rental of residential premises, contained in Part 1 of Art. 680 GK. As pointed out by the Constitutional Court of the Russian Federation in its Resolution of 02.02.1998 No. 4-P "On the case of checking the constitutionality of paragraphs 10, 12 and 21 of the Rules for the registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation, approved by Decree of the Government of the Russian Federation of July 17.07.1995, 713 No. XNUMX ", the period of stay in a particular place of temporary residence should be determined by the citizen himself. Its establishment by the state is unacceptable, since it means limiting the freedom of expression when choosing a place of residence. Temporary residents do not have an independent right to use the premises. The employer is responsible for their actions to the landlord. Temporary tenants are obliged to vacate the relevant residential premises after the expiration of the period of residence agreed with them, and if the period is not agreed upon, no later than seven days from the date of presentation of the relevant request by the tenant or a member of his family cohabiting with him. In the event of termination of the contract of social rental of residential premises, as well as in case of refusal of temporary tenants to vacate the residential premises after the expiration of the period of residence agreed with them or the presentation of the above requirement, temporary residents are subject to eviction from the residential premises in a judicial proceeding without providing another residential premises. Topic 8. Specialized housing stock 8.1. Types of residential premises of specialized housing stock and their provision A special legal regime is established by law for specialized housing stock, which is a set of residential premises provided to certain categories of citizens temporarily: for the period of temporary or seasonal work or study, minor children, disabled children, orphans, children left without parental care, persons old age - in the houses of social protection bodies, as well as in cases of urgent resettlement as a result of fires, accidents, natural disasters until a new dwelling is received or the previously occupied is repaired and in other cases. In accordance with Art. 92 ZhK residential premises of specialized housing stock include: 1) service living quarters; 2) living quarters in dormitories; 3) living quarters of the mobile fund; 4) living quarters in the houses of the system of social services for the population; 5) living quarters of the fund for temporary settlement of forced migrants; 6) living quarters of the fund for temporary accommodation of persons recognized as refugees; 7) residential premises for social protection of certain categories of citizens. As can be seen from the list above, in contrast to the previous housing legislation, in the RC, service residential premises are not recognized as a separate type of residential premises, along with specialized residential premises, but are included among the latter. Residential premises of state and municipal housing funds are used as specialized residential premises. The use of residential premises as a specialized one is allowed only after it has been classified as a specialized housing stock in compliance with the requirements and in the manner established by the Government of the Russian Federation. The inclusion of a dwelling in a specialized housing stock with the attribution of such premises to a certain type of specialized residential premises and the exclusion of a dwelling from the specified fund are made on the basis of decisions of the body that manages the state or municipal housing stock. As stipulated by Part 3 of Art. 92 of the LCD, specialized residential premises are not subject to alienation, lease, lease, with the exception of the transfer of such premises under lease agreements provided for in Sec. IV LCD. In accordance with Art. 99 of the LCD, specialized residential premises are provided on the basis of decisions of the owners of such premises (authorized bodies of state power or authorized bodies of local self-government acting on their behalf) or persons authorized by them under contracts for the employment of specialized residential premises, with the exception of residential premises for the social protection of certain categories of citizens who provided under gratuitous contracts. Specialized residential premises are provided on the grounds established by the LCD to citizens who are not provided with residential premises in the corresponding settlement. Service residential premises are residential premises intended for the residence of citizens in connection with the nature of their labor relations with a state authority, local government, state unitary enterprise, state or municipal institution, in connection with the service, in connection with the appointment to a public position of the Russian Federation or the civil service of a constituent entity of the Russian Federation, or in connection with the election to elected positions in state authorities or local governments (Article 93 of the LC). According to Art. 104 ZhK service living quarters are provided to citizens only in the form of a separate apartment. The categories of citizens who are provided with official living quarters are established: 1) by a state authority of the Russian Federation - in the housing stock of the Russian Federation; 2) by a public authority of a constituent entity of the Russian Federation - in the housing stock of a constituent entity of the Russian Federation; 3) by a local self-government body - in the municipal housing stock. The contract for the employment of office premises is concluded for the period of labor relations, service or being in a public position of the Russian Federation, a public position of a constituent entity of the Russian Federation or in an elective position. Termination of labor relations or tenure in these positions, as well as dismissal from service, is the basis for terminating the contract for hiring office accommodation. Residential premises in dormitories are intended for temporary residence of citizens during their work, service or training. Under hostels, houses or parts of houses specially built or converted for this purpose are provided. The peculiarity of residential premises in dormitories is that they must be equipped with furniture and other items necessary for citizens to live (Article 94 of the LC). In accordance with Art. 105 LCD living quarters in hostels are provided at the rate of at least six square meters of living space per person. The contract for renting residential premises in dormitories is concluded for the period of labor relations, service or training. Termination of labor relations, study, as well as dismissal from service is the basis for terminating the contract for renting housing in a hostel. According to the current housing legislation, living quarters in dormitories in all cases, and not only under certain conditions, as previously envisaged, are settled on the basis of a lease agreement. Residential premises of the mobile fund include residential premises intended for temporary residence: 1) citizens in connection with the overhaul or reconstruction of the house in which there are residential premises occupied by them under social tenancy agreements; 2) citizens who have lost residential premises as a result of foreclosure on these residential premises, which were acquired at the expense of a bank loan or other credit organization or funds of a target loan provided by a legal entity for the purchase of residential premises, and are pledged as security for the repayment of a loan or target loan, if at the time of foreclosure such residential premises are the only ones for them; 3) citizens whose only living quarters have become uninhabitable as a result of emergency circumstances; 4) other citizens in cases provided for by law (Article 95 of the LC). As provided for in Art. 106 LCD, living quarters of the mobile fund are provided at the rate of not less than six square meters of living space per person. These accommodations are provided for the period: 1) until the completion of a major overhaul or reconstruction of the house (when concluding such an agreement with the citizens specified in paragraph 1 of article 95 of the LCD); 2) before the completion of settlements with citizens who have lost their residential premises as a result of foreclosure on them, after the sale of the premises foreclosed on (when concluding such an agreement with the citizens specified in paragraph 2 of Article 95 of the LC); 3) until the completion of settlements with citizens whose only living quarters have become uninhabitable as a result of emergency circumstances, in the manner prescribed by the LCD, other federal laws, or until they are provided with residential premises of the state or municipal housing stock in the cases and in the manner provided for LCD (when concluding such an agreement with the citizens specified in paragraph 3 of article 95 of the LCD); 4) established by law (when concluding such an agreement with the citizens specified in paragraph 4 of article 95 of the LC). Upon the expiration of the period for which the residential premises of the mobile fund were provided under the lease agreement, this agreement is terminated. Specialized residential premises include residential premises in the houses of the social service system. These residential premises are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection with the provision of medical and social services to them (Article 96 of the LC). The procedure, conditions for the provision of residential premises in the houses of the social service system for the population and the use of such residential premises are established by federal legislation, the legislation of the constituent entities of the Russian Federation (Article 107 of the LC). As stated in Art. 97 of the LCD, residential premises of funds for the temporary settlement of forced migrants and persons recognized as refugees are intended for temporary residence of citizens recognized, in accordance with the procedure established by federal law, as forced migrants and refugees, respectively. The procedure for providing residential premises of funds for temporary settlement of forced migrants and persons recognized as refugees is established by federal laws (Article 108 of the LC). Residential premises for the social protection of certain categories of citizens are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection. The categories of such citizens, the procedure and conditions under which residential premises of this type are provided are established by federal legislation, the legislation of the constituent entities of the Russian Federation. The peculiarity of these residential premises, as noted above, is that they are provided under contracts for gratuitous use (Articles 98, 109 of the LC). 8.2. Lease agreement for specialized housing Under a lease agreement for specialized residential premises, one party - the owner of specialized residential premises (an authorized body of state power or an authorized body of local self-government acting on his behalf) or a person authorized by him (landlord) undertakes to transfer this residential premises to the other party - a citizen (tenant) for a fee of possession and use for temporary residence in it (part 1 of article 100 of the LCD). A lease agreement for specialized residential premises is concluded on the basis of a decision to provide such premises. It defines the subject of the contract, the rights and obligations of the parties for the use of specialized residential premises. The rules provided for in Art. 65, parts 3 and 4 of Art. 67 and Art. 69 of the LCD, with the exception of the use of official living quarters (the rules provided for in parts 2-4 of article 31, article 65 and parts 3 and 4 of article 67 of the LCD apply here). The tenant's family members are indicated in the lease agreement for specialized residential premises. This contract is in writing. Standard contracts for the employment of specialized residential premises are approved by the Government of the Russian Federation. In accordance with Art. 101 LCD contract can be terminated at any time by agreement of the parties. The tenant of the specialized dwelling may terminate the said agreement at any time. The lease agreement for specialized residential premises may be terminated in court at the request of the landlord if the tenant and members of his family living together with him fail to fulfill obligations under the agreement, as well as in other cases provided for in Art. 83 LCD cases. The lease agreement for specialized residential premises is terminated due to the loss (destruction) of such residential premises or on other grounds provided for by the LCD. As an exception to the general rule, the transfer of ownership of office premises or premises in a dormitory, as well as the transfer of such premises for economic management or operational management to another legal entity, entails the termination of the contract for the rental of such premises, unless its new the owner or legal entity to which it was transferred is a party to an employment contract with the employee - the tenant of this residential premises (part 2 of article 102 of the LC). The eviction of citizens from specialized residential premises is regulated by Art. 103 of the LCD, according to which, in cases of termination or termination of contracts for the rental of specialized residential premises, citizens must vacate the residential premises that they occupied under these contracts. In case of refusal to vacate such residential premises, these citizens are subject to eviction in court without providing other residential premises, with the exception of cases provided for in Part 2 of Art. 102 and part 2 of Art. 103 LCD. Cannot be evicted from office premises and residential premises in dormitories without providing other residential premises who are not tenants of residential premises under social rental agreements or family members of the tenant of residential premises under such an agreement or owners of residential premises or family members of the owner of residential premises and are registered as those in need of housing: 1) family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs authorities of the Russian Federation, state fire fighting authorities, authorities for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, who died (deceased ) or missing in the performance of military service duties or official duties; 2) old-age pensioners; 3) family members of an employee who was provided with official living quarters or living quarters in a dormitory and who died; 4) disabled people of groups I and II, whose disability occurred as a result of a labor injury through the fault of the employer, disabled people of groups I and II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled servicemen who became disabled of groups I and II due to injury , concussions or injuries received in the performance of military service duties or as a result of an illness associated with the performance of these duties (part 2 of article 103 of the LC). The above citizens are provided with other living quarters, which must be located within the boundaries of the respective settlement. Eviction of citizens from official residential premises or residential premises in dormitories with the provision of other residential premises in the case provided for by Part 2 of Art. 102 LCD, is carried out by the former owner or legal entity transferring the relevant residential premises. In accordance with Art. 13 of the Law on the introduction of the Housing Code, citizens who live in official residential premises and residential premises in dormitories provided to them before the implementation of the LCD, are in accordance with paragraph 1 of part 1 of Art. 51 Housing estates registered as those in need of residential premises provided under social tenancy agreements, or have the right to be on this register, cannot be evicted from these residential premises without the provision of other residential premises, if their eviction was not allowed by law before the entry into force of the LCD . It should be noted that the tenant of a specialized dwelling is not entitled to exchange the occupied dwelling, as well as sublease it (part 4 of article 100 of the LC). Topic 9. Housing and housing cooperatives 9.1. Creation and activity of housing and housing-construction cooperatives The basis for the provision and use of residential premises may be membership in housing and housing construction cooperatives, by virtue of which a citizen is granted the right to receive residential premises in a residential building built or acquired by the cooperative. According to Part 1 of Art. 110 of the LCD, a housing or housing-construction cooperative is a voluntary association of citizens and (or) legal entities on the basis of membership in order to meet the needs of citizens in housing, as well as manage residential and non-residential premises in a cooperative house. A feature of a housing cooperative is that its members participate with their own funds in the acquisition, reconstruction and subsequent maintenance of an apartment building. A feature of a housing construction cooperative is that its members participate in the construction, reconstruction and subsequent maintenance of an apartment building (parts 2-3 of article 110 of the LCD) with their own funds. As indicated in Part 4 of Art. PA ZhK, housing and housing cooperatives (hereinafter referred to as housing cooperatives) are consumer cooperatives. The provisions of the Housing Code relating to housing cooperatives do not apply to other specialized consumer cooperatives created in order to meet the needs of citizens in housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by the said federal laws. Citizens who have reached the age of 16 and (or) legal entities have the right to join housing cooperatives. Categories of citizens entitled to the provision of housing under social tenancy agreements have a pre-emptive right to join housing cooperatives organized with the assistance of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation or local governments (Article 111 of the LC). In accordance with Art. 112 of the LCD, the number of members of a housing cooperative cannot be less than five, but should not exceed the number of residential premises in an apartment building under construction or acquired by the cooperative. The founding document of a housing cooperative is its charter. In accordance with Art. 113 of the LC, the charter must contain information about the name of the cooperative, its location, the subject and goals of the activity, the procedure for becoming a member of the cooperative, the procedure for withdrawing from it and issuing shares, the amount, composition and procedure for making entrance and share contributions, about liability for violation obligations to make share contributions, on the composition and competence of the management bodies of the cooperative and the bodies of control over the activities of the cooperative, the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering losses incurred by members of the cooperative, the procedure reorganization and liquidation of the cooperative. The charter of a housing cooperative may contain other provisions that do not contradict the LCD, other federal laws. A housing cooperative is subject to state registration, which is carried out in accordance with the legislation on state registration of legal entities (Article 114 of the LC). The governing bodies of a housing cooperative are: 1) general meeting of members of a housing cooperative; 2) a conference, if the number of participants in the general meeting is more than 50 and this is provided for by the charter of the housing cooperative; 3) the board and chairman of the board of a housing cooperative (Article 115 of the LC). As provided by Art. 116 LCD, the supreme governing body of a housing cooperative is the general meeting of its members (conference), which is convened in the manner prescribed by the charter of the cooperative. The competence of the general meeting of members of a housing cooperative (conference) is determined by the charter of the cooperative in accordance with the LCD. The general meeting of members of a housing cooperative is recognized as competent (has a quorum) if more than 50% of the members of the cooperative are present at it. The decision of the general meeting is considered adopted provided that more than half voted for it, and on the issues specified in the charter of the cooperative - more than 3/4 of the members of the cooperative who were present at such a general meeting. The decision of the general meeting, adopted in the prescribed manner, is binding on all members of the housing cooperative. The general meeting of members of the housing cooperative elects the management bodies of the housing cooperative and the bodies of control over its activities. The decision of the meeting of members of a housing cooperative is drawn up in a protocol (Article 117 of the LCD). The executive body of a housing cooperative is its board. The board is elected from among the members of the housing cooperative by the general meeting (conference) in the number and for the period determined by the charter of the cooperative. The procedure for the activities of the board of a housing cooperative and the adoption of decisions by it is established by the charter and internal documents of the cooperative (regulations, regulations or other document). The board of a housing cooperative manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers that are not referred by the charter of the cooperative to the competence of the general meeting of members of the cooperative. The board of a housing cooperative is accountable to the general meeting of members of the cooperative (conference) (Article 118 of the LC). In accordance with Art. 119 of the LCD, the chairman of the board of a housing cooperative is elected by the board from among its members for a period determined by the charter of the cooperative. It exercises the following powers: 1) ensures the implementation of decisions of the board of the cooperative; 2) acts on behalf of the cooperative without a power of attorney, including representing its interests and making transactions; 3) other powers not assigned by the LC or the charter of the cooperative to the competence of the general meeting of members of the cooperative (conference) or the board of the cooperative. The chairman of the board of a housing cooperative, when exercising his rights and fulfilling his duties, must act in the interests of the cooperative in good faith and reasonably. To exercise control over the financial and economic activities of a housing cooperative, the general meeting of members of the cooperative (conference) elects an audit commission (auditor) for a term of not more than three years. The number of members of the audit commission of a housing cooperative is determined by its charter. Members of the audit commission cannot simultaneously be members of the board of the cooperative, as well as hold other positions in the management bodies of the cooperative. The audit commission of a housing cooperative elects the chairman of the audit commission from among its members. The audit commission (auditor) of a housing cooperative: 1) without fail conducts scheduled audits of the financial and economic activities of the cooperative at least once a year; 2) submits to the general meeting of members of the cooperative (conference) an opinion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions; 3) reports to the general meeting of members of the cooperative (conference) on its activities. The Audit Commission has the right at any time to conduct an audit of the financial and economic activities of the cooperative and have access to all documentation relating to its activities. The procedure for the work of the audit commission is determined by the charter and other documents of the cooperative (Article 120 of the LC). Admission to membership in a housing cooperative is regulated by Art. 121 of the LCD, according to which a citizen or legal entity wishing to become a member of a housing cooperative submits an application to the board of the housing cooperative for admission to membership in the cooperative. This application must be considered within a month by the board of the housing cooperative and approved by the decision of the general meeting of its members (conference). A citizen or legal entity is recognized as a member of a housing cooperative from the moment the entrance fee is paid after the decision on admission to membership in a housing cooperative is approved by the general meeting of members of the cooperative (conference). Article 122 of the LC provides that a housing cooperative, by decision of the general meeting of its members (conference), can be transformed into a homeowners' association, i.e., it is possible to reorganize a housing cooperative by transforming it into another organizational and legal form. A housing cooperative may be liquidated on the grounds and in the manner provided for by civil law (Article 123 of the LC). 9.2. Legal status of members of housing cooperatives A citizen or legal entity accepted as a member of a housing cooperative, on the basis of a decision of the general meeting of members of the cooperative (conference), is provided with living quarters in the houses of the housing cooperative in accordance with the amount of the share contribution made. These decisions are the basis for moving into residential premises in the houses of a housing cooperative. Ownership, use and, within the limits established by law, disposal of residential premises are carried out on the basis of membership in a housing cooperative (Article 124 of the LC). A member (members) of a housing cooperative has the right to a share (Article 125 of the LC). The procedure and conditions for making a share contribution by a member of a cooperative are determined by the charter of the cooperative. A share may belong to one or more citizens or legal entities, i.e. be their common property. A member of a housing cooperative acquires the right of ownership of a dwelling in an apartment building if the share contribution is paid in full. Property relations in an apartment building in a housing cooperative, subject to a fully paid share contribution by at least one member of the housing cooperative, are subject to Ch. 6 LC "Common property of owners of premises in an apartment building. General meeting of such owners" (Article 129 of the LC). The rules on the division of residential premises in the house of a housing cooperative are contained in Art. 127 of the LCD, according to which such a division between persons entitled to a share is allowed if each of these persons can be allocated an isolated living space or there is a technical possibility of reorganizing and (or) re-planning non-isolated premises into isolated living quarters. Disputes about the division of living quarters in the house of a housing cooperative are resolved in court. A member of a housing cooperative and members of his family living together with him are granted the right, by mutual agreement and with prior notice to the board of the cooperative, to allow temporary residents to live in the residential premises that are in their use in the manner and on the conditions provided for the residence of such residents in the premises provided citizens under a social contract of employment (Article 126 of the LCD). In accordance with Art. 128 of the LCD, a member of a housing cooperative who has not paid the share contribution in full, has the right, with the consent of the members of his family living together with him and the board of the cooperative, to rent out part of the living quarters he occupies in the house of the housing cooperative, and in case of temporary retirement - all of the indicated living quarters for rent for a fee. A housing cooperative, in accordance with the procedure established by its charter, has the right to rent out for a fee the vacated living quarters that were in the possession of the members of the cooperative who left or were expelled from the housing cooperative, until new members are admitted to the cooperative. Renting out residential premises in the house of a housing cooperative is carried out according to the rules for sublease of residential premises provided under a social rental agreement (Article 128 of the LC). The grounds for termination of membership in a housing cooperative are listed in Art. 130 LCD. It: 1) withdrawal of a member of the cooperative; 2) exclusion of a member of the cooperative; 3) liquidation of a legal entity that is a member of a cooperative; 4) liquidation of a housing cooperative; 5) death of a citizen who is a member of a housing cooperative. The application of a member of a housing cooperative for voluntary withdrawal from the cooperative is considered in the manner prescribed by the charter of the cooperative. A member of a housing cooperative may be expelled from the cooperative on the basis of a decision of the general meeting of its members (conference) in the event of a gross violation by him without good reason of his duties established by the LCD or the charter of the housing cooperative. In the event of the death of a member of a housing cooperative, his heirs have the right to become members of this cooperative by decision of the general meeting of its members (conference). As provided by Art. 131 of the LC, in the event of the death of a member of a housing cooperative, his spouse has the priority right to join the cooperative, provided that he is entitled to a part of the share. The heir of a member of a housing cooperative, who is entitled to a part of the share and lived together with the testator, has a priority right to join the cooperative if the spouse of the testator does not have such a right or the spouse refused to join the cooperative. The heir of a member of a housing cooperative, who did not live together with the testator, has a priority right to join the cooperative if the above citizens are absent or have renounced their priority right to join the housing cooperative. A family member who lived together with the testator and is not his heir has the priority right to join the housing cooperative, provided that he makes a share contribution, the absence of the above three categories of citizens, and also if the spouse or other heirs living together with the testator members of a housing cooperative do not have the priority right to become members of the cooperative or refuse to become members of the cooperative. According to Art. 132 of the Housing Cooperative, a member of a housing cooperative who has not paid the share contribution in full and has been expelled from the cooperative is paid the amount of his share within the time frame and on the conditions provided for by the charter of the cooperative. The term of such payment cannot be more than two months from the day the cooperative takes a decision to expel a member of the cooperative. A member of a housing cooperative who has not paid the full share contribution and has been expelled from the cooperative on the grounds specified in Part 3 of Art. 130 of the LCD, as well as members of his family living together with him, lose the right to use the premises and are obliged to vacate him within two months from the date the cooperative decides to expel such a member from the cooperative. In case of refusal to vacate the dwelling, these citizens are subject to eviction in court without the provision of another dwelling (Article 133 of the LC). In the event of the demolition of a house on the grounds provided for by the Housing Code, the rules established by Art. 32 (ensuring the housing rights of the owner of a dwelling in the event of a land plot being withdrawn for state or municipal needs) and 86 (the procedure for providing a dwelling under a social tenancy agreement in connection with the demolition of a house) of the LC, respectively, for members of a housing cooperative who paid a share and did not pay a share. Topic 10. Housing savings cooperatives 10.1. General provisions on housing savings cooperatives As mentioned above, the provisions of Sec. 11 of the LCD "Organization and activities of housing and housing-construction cooperatives" does not apply to other specialized consumer cooperatives created in order to meet the needs of citizens in housing in accordance with federal laws on such cooperatives. The procedure for the creation and operation of such cooperatives, the legal status of their members are determined by the said federal laws. The Law on Cooperatives, adopted in 2004, is currently in force, with the exception of the provisions of Art. 51 in relation to self-regulatory organizations of housing savings cooperatives and Art. 56, which come into force from the date of entry into force of the federal law that determines the activities of self-regulatory organizations (Article 58 of this Law). According to paragraph 1 of Art. 2 housing savings cooperative (hereinafter referred to as the cooperative) is a consumer cooperative created as a voluntary association of citizens on the basis of membership in order to meet the needs of the cooperative members in residential premises by combining the members of the cooperative with shares. A housing savings cooperative carries out activities to attract and use funds from citizens - members of the cooperative and other funds raised by the cooperative for the acquisition or construction of residential premises (including in apartment buildings) in order to transfer them for use and after making share contributions in full - in property to members of the cooperative (clause 2, article 2). It can be seen from this that housing savings cooperatives differ from housing and housing-construction cooperatives in three main ways: 1) these cooperatives can be created for the acquisition or construction of not only apartment buildings; 2) do not have the goal of creating the subsequent maintenance of the purchased or built house; 3) only citizens can be members of such cooperatives. A citizen who has reached the age of 16 can be a member of a cooperative. Admission of a citizen as a member of a cooperative is carried out on the basis of his application in writing in the manner prescribed by the Law on Cooperatives and the charter of the cooperative. The cooperative is obliged to maintain a register of members of the cooperative, which must contain the information specified in Part 2 of Art. 5. The number of members of a cooperative cannot be less than 50 people and more than 5000 people, unless otherwise provided by the Law on Cooperatives. Membership in a cooperative arises after the relevant information about the citizen who has applied for membership in the cooperative is entered into the Unified State Register of Legal Entities in the manner prescribed by the Law on Cooperatives and Federal Law No. 08.08.2001-FZ of 129. Individual Entrepreneurs", from the day the citizen makes the entrance membership fee and the first payment on account of the share contribution. A citizen makes these payments after entering information about him in the Unified State Register of Legal Entities (parts 5, 9, article 5 of the Law on Cooperatives). Members of the cooperative are liable to the cooperative for violation of obligations to make share and other contributions. The amount of the penalty for violation of obligations to make these contributions is determined by the charter of the cooperative and cannot exceed 1/300 of the refinancing rate of the Central Bank of the Russian Federation valid on the day the penalty is paid for each day of delay in making contributions (part 3 of article 6). In accordance with Art. 9 membership in a cooperative is terminated in the event of: 1) voluntary withdrawal from the cooperative; 2) exclusion of a member of the cooperative from the cooperative; 3) transfer of a share to another member of the cooperative or to a third party; 4) death of a member of a cooperative, declaring him dead in accordance with the procedure established by federal law; 5) foreclosure on a share; 6) payment by a member of the cooperative of a share contribution in full and the transfer of the relevant residential premises to the ownership of the member of the cooperative, unless the member of the cooperative has other share savings and otherwise is not provided for by the charter of the cooperative; 7) liquidation of the cooperative, including in connection with its bankruptcy. The heir of a deceased member of the cooperative has the right to be accepted as a member of the cooperative. If the heir has not exercised this right, the cooperative shall pay him the actual value of the share. Upon termination of membership in a cooperative in connection with voluntary withdrawal or exclusion from the cooperative, the withdrawn member of the cooperative has the right to receive the value of the share in the manner and within the time limits provided for by the Law on Cooperatives and (or) the charter of the cooperative. Membership in a cooperative is terminated from the date of making an appropriate entry in the Unified State Register of Legal Entities in the manner prescribed by the Law on Cooperatives and the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs". A member of a cooperative may be expelled from the cooperative only in a judicial proceeding on the basis of a decision of the general meeting of members of the cooperative in the following cases: 1) repeated failure to fulfill the obligations established by the Law on Cooperatives and (or) the charter of the cooperative, or the inability of the cooperative to carry out its activities or significant difficulty in its implementation as a result of actions (inaction) of a member of the cooperative; 2) systematic violation of the procedure for making share and other contributions. A systematic violation of the procedure for making share and other contributions means a violation of the terms for making contributions or their underpayment more than three times in a row within 12 months, even if each delay or the amount of each underpayment is insignificant, or a single delay in making share and other contributions for more than three months . In a cooperative, the number of members of which exceeds 200, the charter may provide that the decision to expel a member of the cooperative from the cooperative, except for a member of the board of the cooperative, on the grounds indicated above, may be taken by the board of the cooperative. In the event of exclusion from the cooperative of a member of the cooperative to whom the cooperative has transferred a dwelling for use, such a member of the cooperative, before the entry into force of the court decision on his exclusion, has the right to pay the remainder of his share contribution (Article 10 of the Law on Cooperatives). The cooperative operates on the basis of the charter, which is approved by the general meeting of members of the cooperative. The charter must contain information, the list of which is given in Part 2 of Art. eleven. 10.2. Creation, reorganization and liquidation of a cooperative A cooperative is created on the initiative of at least 50 people and no more than 5000 people. State registration of a cooperative is carried out in the manner prescribed by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" (Article 12 of the Law on Cooperatives). A cooperative may be voluntarily or compulsorily reorganized in the manner prescribed by the Law on Cooperatives. A housing savings cooperative may only be transformed into a housing cooperative, a housing construction cooperative or an association of homeowners. Such a cooperative may be transformed into a legal entity of a different organizational and legal form only in cases provided for by federal laws. A cooperative may be liquidated voluntarily or by a court decision. The federal executive body exercising the functions of control and supervision in the field of financial markets (currently the Federal Service for Financial Markets) has the right to file a claim with the court for the liquidation of a cooperative in the event of repeated or gross violation of the provisions of the Law on Cooperatives, as well as in other cases provided for by this law. The federal executive body exercising the functions of control and supervision in the field of financial markets maintains a register of housing savings cooperatives on the basis of information provided by the federal executive body authorized to carry out state registration of legal entities and cooperatives. The information to be contained in this register is provided for in Part 2 of Art. fifteen. 10.3. Basic provisions on the activities of the cooperative in attracting and using funds from citizens for the purchase of residential premises When carrying out activities to attract and use the funds of citizens for the purchase of residential premises, the cooperative has the right. 1) attract and use the funds of citizens for the purchase of residential premises; 2) invest the funds available to him in the construction of residential premises (including in apartment buildings), as well as participate in the construction of residential premises as a developer or participant in shared construction; 3) acquire residential premises; 4) to attract borrowed funds in the case provided for in Part 3 of Art. 47 of the Law on Cooperatives. The rules for the provision by a cooperative of information about the cooperative itself and its activities are contained in Art. 17-21. Article 24 provides that the costs of the cooperative for the implementation of activities to attract and use the funds of citizens for the purchase of residential premises must compensate for the share contributions of members of the cooperative. When determining the size of the share contribution, the approximate cost of the residential premises to be purchased or built for a given member of the cooperative is initially determined based on the average market value of similar residential premises. After the acquisition or completion of construction by the cooperative for a member of the cooperative, the amount of the share contribution is specified on the basis of the actual cost of the residential premises acquired or built by the cooperative. Both the initial and the final size of the share contribution are determined by the decision of the body of the cooperative authorized by the charter of the cooperative, agreed with the member of the cooperative. The share contribution of a member of the cooperative must also ensure the repayment of the costs of the cooperative associated with the acquisition or construction of residential premises: 1) for housing insurance; 2) improvement of the consumer qualities of the acquired or built residential premises to a level that meets the requirements specified in the application for admission to the membership of the cooperative; 3) maintenance, repair of residential premises, payment of utility services (before the transfer of residential premises for use by a member of the cooperative); 4) servicing and repayment of attracted credits and loans for the purchase or construction of residential premises; 5) payment of taxes, fees and other obligatory payments. The procedure for making a share contribution by a member of the cooperative is determined in accordance with the form of participation in the activities of the cooperative chosen by him (Article 27). Members of the cooperative pay a one-time membership fee. Membership fees are paid by members of the cooperative on a monthly basis, unless the charter of the cooperative provides for a different procedure for making such contributions. Entrance membership fees and membership fees are non-refundable upon termination of membership in a cooperative, unless otherwise provided by the charter of the cooperative (Article 25). The forms of participation in the activities of the cooperative established by the cooperative must comply with the requirements of the Law on Cooperatives, including the requirements for ensuring the financial sustainability of the activities of the cooperative, established by Art. 47, and should not lead to a violation of the standards for assessing the financial stability of the cooperative, established by Art. 49. The forms of participation in the activities of a cooperative are established by: 1) the minimum and maximum payment periods, as well as the minimum amount (or the method of determining the amount) of the part of the share contribution, after the payment of which the right to acquire or build a living space for a member of the cooperative arises; 2) the period for making the remaining part of the share contribution; 3) the size and frequency of payments on account of the share contribution; 4) possible conditions for attracting borrowed funds in the case provided for in Part 3 of Art. 47. The forms of participation in the activities of the cooperative established by the cooperative may provide for: 1) conditions for indexing periodic payments on account of a share contribution; 2) the conditions for calculating interest on share savings directed from the share contribution of the cooperative for the acquisition or construction by the cooperative of residential premises for other members of the cooperative; 3) other conditions for the acquisition or construction of residential premises by the cooperative and the conditions for making share contributions. Forms of participation in the activities of the cooperative are approved by the general meeting of members of the cooperative. Decisions of the general meeting of members of the cooperative on the approval of the forms of participation in the activities of the cooperative must contain conclusions on the possible impact of the forms of participation in the activities of the cooperative on its financial stability. The forms of participation in the activities of a cooperative established in accordance with the Law on Cooperatives may be sent by the cooperative to the self-regulatory organization of housing savings cooperatives for obtaining an opinion. The form of participation in the activities of a cooperative cannot be established individually for one member of the cooperative (Article 27). According to Art. 28 The right of a member of a cooperative to acquire or construct a dwelling by the cooperative arises after the member of the cooperative fulfills the conditions for making a part of the share contribution, determined in accordance with the form of participation in the activities of the cooperative chosen by him. After the member of the cooperative has paid this part of the share contribution, provided that the member of the cooperative complies with the terms and frequency of making the relevant payments stipulated by the form of his participation in the activities of the cooperative, the cooperative, in order of priority, is obliged to: 1) acquire a dwelling that meets the requirements specified in the application of a member of the cooperative; 2) to acquire the right to a dwelling under construction or to construct a dwelling that meets such requirements. The order in which a cooperative acquires a dwelling, acquires the right to a dwelling under construction, or the order in which a member of the cooperative builds a dwelling, is established after the member of the cooperative has paid the part of the share contribution necessary for the emergence of his right to such actions of the cooperative and the expiration of the period established by his chosen form of participation in the activities of the cooperative. making. The procedure for determining the order of acquisition by a cooperative of a dwelling, the acquisition of the right to a dwelling under construction or the order of construction of a dwelling for a member of the cooperative is established by the charter of the cooperative and (or) decisions of the general meeting of members of the cooperative. When establishing the procedure for determining the priority, the amount of the contributed share accumulation and the term for making a part of the share contribution, after which the cooperative has the right to purchase or build a residential building for a member of the cooperative, should be taken into account, and other conditions provided for by the form of participation in the activities of the cooperative may also be taken into account. Under equal conditions, the member of the cooperative has the advantage, who must pay the remaining part of the share contribution within a shorter period, and if the terms are equal, the member of the cooperative who has previously joined the cooperative has an advantage. The procedure for determining the priority must comply with the requirements of the Law on Cooperatives, including the requirements for ensuring the financial sustainability of the cooperative's activities, established by Art. 47, and should not lead to a violation of the standards for assessing the financial stability of this activity, established by Art. 49. The form of participation in the activities of the cooperative chosen by a member of the cooperative and the requirements for the location and characteristics of the dwelling are indicated in the decision of the body of the cooperative authorized by the charter of the cooperative to admit a citizen to the membership of the cooperative on the basis of his application or in the decision taken by the said body on the basis of the relevant application of the member of the cooperative decision to change the requirements to the living quarters. Extracts from these decisions or copies thereof are issued to the members of the cooperative upon their request within one working day. The transfer of a dwelling, acquired by a cooperative for a member of the cooperative, for the use of the latter is carried out by the cooperative immediately after the acquisition by the cooperative of the right of ownership to this dwelling. Before the transfer of a dwelling for use to a member of the cooperative, the dwelling may be repaired or work may be performed to improve the consumer qualities of such a dwelling, if this is provided for by the form of participation in the activities of the cooperative chosen by the member of the cooperative. The decision on the transfer of residential premises for use by a member of the cooperative is made by the body of the cooperative, determined by the charter of the cooperative. An extract from such a decision or a copy thereof shall be issued to a member of the cooperative within one working day (Parts 1 and 2 of Article 29 of the Law on Cooperatives). In accordance with Art. 30 the right of ownership to a dwelling transferred by a cooperative for use to its member shall be acquired by a member of the cooperative or other persons entitled to a share, who have made a full share contribution for this dwelling. The cooperative is obliged to transfer to a member of the cooperative or other persons entitled to a share, the specified residential premises free from any obligations. Upon termination of membership in a cooperative, with the exception of the case when a member of the cooperative makes a share contribution in full, the member of the cooperative to whom the cooperative transferred residential premises for use, and the persons living together with him lose the right to use the residential premises and are obliged to vacate it within two months from the date termination of membership in the cooperative, and in the event of liquidation of the cooperative - from the date of the decision to liquidate the cooperative. In case of refusal to vacate the residential premises, a member of the cooperative and persons living with him are subject to eviction by a court decision without the provision of other residential premises in the manner prescribed by the housing legislation of the Russian Federation for citizens excluded from housing or housing-construction cooperatives (Article 31). Upon termination of membership in a cooperative in connection with the voluntary withdrawal or exclusion of a member of the cooperative from the cooperative, the latter is obliged to pay to the retired member of the cooperative the actual value of the share. The actual value of the share of the retired member of the cooperative is determined on the day of the end of the financial year during which the grounds for termination of membership in the cooperative arose. According to paragraph 11 of Art. 2 of the Law on Cooperatives, the actual value of a share is a part of the value of the net assets of a cooperative, proportional to the size of the share. The value of the cooperative's net assets is determined as the difference between the value of the cooperative's assets (money in accounts and the value of the cooperative's property, determined by an independent appraiser) and the amount of the cooperative's debt. The cooperative is obliged to pay the retired member of the cooperative or other persons entitled to share the actual value of the share within six months from the end of the financial year during which the grounds for termination of membership in the cooperative arose, unless another period is provided for by the charter of the cooperative. At the same time, the period provided for by the charter of the cooperative may not exceed two years from the date of the end of the corresponding financial year. In the event that a retired member of a cooperative was transferred by the cooperative for use of a dwelling, the payment of the actual value of the share is carried out after the release by him and the persons living together with him of the said dwelling. For violation by the cooperative of its obligations to pay the retired member of the cooperative or other persons entitled to share the actual value of the share, the cooperative pays to the withdrawn member of the cooperative or other persons entitled to share a penalty, the amount of which is determined by the charter of the cooperative and cannot exceed 1/300 of the current penalty rate refinancing of the Central Bank of the Russian Federation for each day of delay in payment (Article 32). 10.4. Management of the cooperative In accordance with Art. 33 of the Law on Cooperatives, the bodies of a cooperative are: 1) general meeting of members of the cooperative; 2) the board of the cooperative; 3) the audit commission (auditor) of the cooperative; 4) executive bodies of the cooperative. In addition, other bodies provided for by the charter of the cooperative may be created in the cooperative. The activities of the board, the audit commission (auditor) and the executive bodies of the cooperative are regulated by the charter of the cooperative and the internal documents of the cooperative, approved by the general meeting of members of the cooperative. The term of office of the board of the cooperative expires on the day of the annual general meeting of members of the cooperative. The powers of members of the board of the cooperative and members of the audit commission (auditor) of the cooperative may be terminated ahead of schedule by the decision of an extraordinary general meeting of members of the cooperative. The supreme body of the cooperative is the general meeting of members of the cooperative. Every year, the cooperative is obliged to hold an annual general meeting of members of the cooperative within the time limits established by the charter of the cooperative, but not earlier than two months and not later than six months after the end of the next financial year. At this meeting, questions about the election of the board, the approval of the annual report and the annual accounting (financial) statements of the cooperative should be decided. The general meetings held in addition to the annual general meeting of members of the cooperative are extraordinary. Each member of the cooperative has one vote at the general meeting of members of the cooperative. A member of a cooperative has the right to participate in the general meeting both personally and through his representative. One representative may represent no more than two cooperative members in a cooperative with up to 500 members and no more than five cooperative members in a cooperative with 500 or more members. Representatives must present documents confirming their proper authority (power of attorney). The convocation and holding of the annual general meeting of the members of the cooperative and the extraordinary general meeting are carried out by the board of the cooperative. The exclusive competence of the general meeting of members of the cooperative is determined by paragraph 6 of Art. 34 of the Law on Cooperatives, which, in particular, include: ▪ approval of the charter of the cooperative, making changes and additions to it or approving it in a new edition; ▪ approval of internal documents of the cooperative regulating the activities of the cooperative bodies; ▪ approval of the regulations (regulations) on the procedure for the formation of a cooperative’s mutual fund and its use by the cooperative; ▪ making a decision on the reorganization or liquidation of the cooperative; ▪ election and early termination of powers of members of the board of the cooperative, members of the audit commission (auditor) of the cooperative, as well as consideration of reports on their activities; ▪ election or appointment of executive bodies of the cooperative, early termination of their powers, if the cooperative’s charter does not include the resolution of these issues within the competence of the cooperative’s board; ▪ approval of forms of participation in the activities of the cooperative; ▪ determination of the maximum cost of residential premises that can be purchased or built by a cooperative; ▪ approval of the annual report and annual accounting (financial) statements of the cooperative. The general meeting of members of the cooperative is authorized to accept for consideration any issue related to the activities of the cooperative and make a decision on this issue if it is submitted at the initiative of the board, at the request of the audit commission (auditor), the executive bodies of the cooperative or at the request of members of the cooperative, constituting at least 5% the total number of members of the cooperative. The decision of the general meeting of members of the cooperative on the issue put to the vote is taken by a majority vote of the members of the cooperative participating in the general meeting, with the exception of the issues specified in paragraphs 1 and 4 of part 6 of Art. 34 and decisions on which are made by 2/3 of the votes of the members of the cooperative participating in the general meeting of the members of the cooperative. A member of a cooperative has the right to challenge in court a decision taken by a general meeting of members of a cooperative in violation of the requirements of federal laws, other normative legal acts of the Russian Federation, and the charter of the cooperative. In this case, the application may be filed with the court within six months from the day when the member of the cooperative learned or should have known about the decision taken by the general meeting of the members of the cooperative. An extraordinary general meeting of members of the cooperative is convened at the initiative of the board, at the request of the audit commission (auditor), executive bodies of the cooperative or at the request of members of the cooperative, constituting at least 10% of the total number of members of the cooperative on the day the request is made to convene such a meeting. The charter of a cooperative may provide for a smaller number of members of the cooperative who have the right to convene an extraordinary general meeting of members of the cooperative. If losses of the cooperative exceeding the amount equal to 25% of the share fund of the cooperative are discovered, the audit commission (auditor) or the executive bodies of the cooperative are obliged to demand the convening of an extraordinary general meeting of members of the cooperative and the board is obliged to convene it. An extraordinary general meeting of members of a cooperative must be held within 45 days from the date of the request to hold such a meeting. The decision to convene an extraordinary general meeting (except when it is convened at the initiative of the board of the cooperative) or to refuse to convene it must be taken by the board of the cooperative within five days from the date of the request to convene this meeting. The said decision shall be sent to the bodies or persons who demand the convening of an extraordinary general meeting no later than three days from the date of its adoption. The decision of the board of the cooperative to refuse to convene an extraordinary general meeting of the members of the cooperative may be challenged by the bodies or persons who demand the convening of such a meeting in court within three months from the date of adoption of this decision. If, within the period established by law, the board of the cooperative has not made a decision to convene an extraordinary general meeting, such a meeting may be convened by the bodies or persons who have filed a request to convene it (Article 35). Article 36 of the Law on Cooperatives provides that a decision of the general meeting of members of a cooperative can be taken without holding a meeting (joint presence of members of a cooperative to discuss agenda items and make decisions on issues put to a vote) through absentee voting. When holding a general meeting of members of a cooperative in the form of absentee voting, a voting ballot must be sent or handed over against signature to each member of the cooperative not later than 20 days before the deadline for receiving ballots. In the form of absentee voting, a general meeting cannot be held, the agenda of which includes issues on the reorganization or liquidation of the cooperative, on the election of the board, the audit commission (auditor), on the approval of the annual report and annual accounting (financial) statements of the cooperative. A notice of a general meeting of members of a cooperative must be made no later than 20 days before the day of its holding, a notice of a general meeting of members of a cooperative whose agenda contains the issue of reorganization or liquidation of the cooperative - no later than 30 days before the day of its holding. holding. The procedure for informing the members of the cooperative about the holding of the general meeting is determined by Art. 37. When holding a general meeting of members of a cooperative in the form of absentee voting, a general meeting, the number of members of which is 1000 or more, a general meeting, the charter of which provides for the mandatory sending or delivery of voting ballots to members of the cooperative prior to the general meeting, the voting ballot must be sent or handed against signature to each member of the cooperative no later than 20 days before the day of the general meeting of members of the cooperative (part 4 of article 37 ). The general meeting of members of the cooperative is competent to make decisions (has a quorum) if members of the cooperative who make up at least 50% of the total number of members of the cooperative, or their representatives, participate in it. In the absence of a quorum of the annual general meeting, a repeated general meeting with the same agenda must be held. Such a meeting is eligible if it was attended by members of the cooperative, who make up at least 30% of the total number of members of the cooperative (parts 1, 4, article 38). According to Art. 41 in a cooperative, the number of members of which exceeds 500 people, the general meeting, in accordance with the charter of the cooperative, may be held in the form of a meeting of representatives. Commissioners are elected from among the members of the cooperative who are not members of the board of the cooperative or the executive bodies of the cooperative. Members of the board of the cooperative may take part in the meeting of authorized persons without the right to vote. The Commissioner may be elected by no less than ten and no more than 50 members of the cooperative. The minimum number of commissioners must be at least 50. The procedure for their election is determined by parts 4 and 6 of Art. 41. Management of the activities of the cooperative in the periods between general meetings is carried out by the board of the cooperative. The quantitative composition of the board is determined by the charter or the decision of the general meeting of members of the cooperative, but cannot be less than three people. The members of the board elect from among themselves the chairman of the board of the cooperative, unless another procedure for his election is provided for by the charter of the cooperative. A member of the board of a cooperative cannot hold the position of the sole executive body of the cooperative, head of the managing organization or manager, and also be a member of the audit commission (auditor) of the cooperative. A member of the board of a cooperative may combine his activities in the board of a cooperative with work in a cooperative under an employment contract. However, the number of members of the board of a cooperative working in a cooperative under an employment contract must not exceed one third of the total number of members of the board. The competence of the board of the cooperative and the procedure for its decision-making on issues within its competence are determined by Parts 6 and 8 of Art. 42. In order to exercise control over the financial and economic activities of the cooperative, the general meeting of members of the cooperative, in accordance with the charter, elects an audit commission (auditor) of the cooperative. Members of the audit commission cannot combine their activities with work in a cooperative under an employment contract (Article 43). In accordance with Art. 44 the management of the current activities of the cooperative is carried out by the sole executive body of the cooperative (director) or the sole executive body and the collegial executive body of the cooperative (directorate). The executive bodies of the cooperative are accountable to the board of the cooperative and the general meeting of members of the cooperative. In a cooperative, the number of members of which exceeds 500 people, the formation of a collegial executive body of the cooperative is mandatory. The competence of the executive bodies of the cooperative includes all issues of managing the current activities of the cooperative, with the exception of issues related to the competence of the general meeting of members of the cooperative and the board. The executive bodies of the cooperative organize the implementation of the decisions of the general meeting of members of the cooperative and its board. By decision of the general meeting of members of the cooperative, the powers of the sole executive body may be transferred to a commercial organization (managing organization) or an individual entrepreneur (manager). Such a decision is made by the general meeting of members of the cooperative only at the suggestion of the board of the cooperative. When making this decision, the members of the cooperative must be provided with information about the managing organization or the manager specified in Part 5 of Art. 44, as well as a draft agreement, which is proposed to be concluded with the managing organization or manager. The charter of the cooperative must determine the term of office of the executive bodies of the cooperative, including the term of the contract of the cooperative with the managing organization, which may not exceed five years. Extension of the term of office of the executive bodies of the cooperative is allowed only on the basis of a decision of the general meeting of the members of the cooperative, even if the charter of the cooperative places the formation of these bodies within the competence of the board of the cooperative. The sole executive body of the cooperative, the head of the managing organization or the manager, a member of the collegial executive body of the cooperative cannot be elected a member of the board of the cooperative or a member of the audit commission (auditor) of the cooperative. These officials may not be members of the cooperative. Requirements for officials of the cooperative are defined by Art. 45, which, in particular, establishes who cannot be these officials, as well as what information about candidates for these positions must be provided to members of the cooperative. 10.5. Ensuring the financial sustainability of the cooperative and control over the activities of the cooperative In order to ensure the financial stability of the cooperative's activities, the amount of the part of the share contribution, after the payment of which the right to purchase or construction of a dwelling by the cooperative for its transfer to the use of a member of the cooperative arises, is established by the charter of the cooperative, but cannot be less than 30% of the size of the share contribution of the member of the cooperative. The total amount of share savings of other members of the cooperative directed by the cooperative from the share fund of the cooperative for the purchase or construction of a dwelling for a member of the cooperative cannot exceed the size of the own share savings of the member of the cooperative. If the funds indicated above are insufficient for the purchase or construction of a dwelling for a member of the cooperative, the cooperative may also attract borrowed funds, the amount of which cannot exceed 70% of the share contribution of the member of the cooperative. At the same time, the total amount of borrowed funds attracted by the cooperative should not exceed 40% of the value of the property of the cooperative. The minimum term for a member of a cooperative to make a part of the share contribution, after making which the right to acquire or construct a dwelling for a member of the cooperative arises, is determined by the charter of the cooperative. At the same time, starting from the second year of the cooperative's activity in attracting and using citizens' funds for the purchase of residential premises, the specified minimum period cannot be less than two years. The term for making the remaining part of the share contribution after the emergence of the right to purchase or build a residential premises by the cooperative for a member of the cooperative should not exceed more than one and a half times the period for making a part of the share contribution by the member of the cooperative before the member of the cooperative has such a right, provided that the cooperative complies with the established standards for assessing financial stability his activities. Additional requirements for ensuring the financial sustainability of the cooperative's activities are established by the Government of the Russian Federation (Article 47 of the Law on Cooperatives). In order to ensure the financial sustainability of the cooperative, Art. 48 provides for restrictions on transactions by a cooperative. Article 49 defines the standards for assessing the financial sustainability of the cooperative's activities. Article 56 provides for the possibility of creating self-regulatory organizations of housing savings cooperatives, which can be created on the terms of voluntary association of housing savings cooperatives in them. Such an organization may be established to develop and establish rules and standards that ensure that its members observe the interests of members of cooperatives and carry out effective activities to attract and use citizens' funds for the purchase of residential premises, monitor compliance with the requirements of the legislation of the Russian Federation and additional requirements established by these rules and standards. . The self-regulatory organization of housing savings cooperatives is obliged to: 1) exercise control over the activities of its members in terms of compliance with the requirements of federal laws, other regulatory legal acts of the Russian Federation, rules and standards established by this self-regulatory organization; 2) consider the forms of participation in the activities of the cooperative presented by housing savings cooperatives, as well as give opinions on the forms of participation in the activities of the cooperative; 3) consider complaints against actions (inaction) of its members; 4) ensure the openness of information about the activities of its members, publish in the media information about the non-compliance of the cooperative with the requirements for ensuring the financial sustainability of the cooperative's activities; 5) to fulfill other duties stipulated by the legislation of the Russian Federation and the constituent documents of the self-regulatory organization. A self-regulatory organization of housing savings cooperatives has the right to: 1) apply to its members the measures of responsibility provided for by the constituent and other documents, including expelling members from the self-regulatory organization; 2) apply to the members of the board of the cooperative, the audit commission (auditor) of the cooperative and the members of the cooperative with a proposal to take measures to eliminate the non-compliance of the cooperative with the requirements for ensuring the financial sustainability of the cooperative's activities. The activities of self-regulatory organizations of housing savings cooperatives should be regulated by a special federal law, which has not yet been adopted. Topic 11 11.1. Establishment and operation of a homeowners association In accordance with the LCD, the possibility of the existence of such subjects of housing relations as homeowners' associations remains. Relations regarding the creation and activities of such partnerships are regulated by the norms of Ch. 13 LCD. A homeowners association (hereinafter referred to as the HOA) is a non-profit organization, an association of owners of premises in an apartment building for the joint management of a complex of real estate in an apartment building, ensuring the operation of this complex, possession, use and, within the limits established by law, disposal of common property in an apartment building. 1 article 135 LCD). HOA in accordance with Part 3 of Art. 135 LCD can be created provided that the number of members who created it exceeds 50% of the votes of the total number of votes of the owners of premises in an apartment building. The charter of the HOA is adopted at the general meeting, which is held in the manner prescribed by Art. 45-48 ZhK, by a majority vote of the total number of votes of the owners of premises in an apartment building. The HOA is created without limiting the term of activity, unless otherwise provided by the charter. The HOA is a legal entity from the moment of its state registration and has a seal with its name, current and other bank accounts, as well as other details. The HOA is liable for its obligations with all its property, but is not liable for the obligations of its members. Members of the HOA are not liable for the obligations of the HOA. According to Art. 136 LCD owners of premises in one apartment building can create only one HOA. The decision on its creation is made by the owners of premises in an apartment building at their general meeting. Such a decision is considered adopted if the owners of the premises in the corresponding apartment building, having more than 50% of the votes of the total number of votes of the owners of the premises in such a building, voted for it. In addition, an HOA can be created by combining: 1) several apartment buildings, the premises in which belong to different (at least two) owners of premises in an apartment building, with land plots located on a common land plot or several neighboring (bordering) land plots, utility networks and other infrastructure elements ; 2) several nearby buildings, structures or structures - residential buildings intended for the residence of one family, country houses with or without household plots, garages and other objects located on a common land plot or several neighboring (bordering) land plots, networks of engineering and technical support and other elements of infrastructure. Article 137 of the LCD defines the rights of the HOA. These include the following: 1) conclude, in accordance with the law, an agreement on the management of an apartment building, as well as agreements on the maintenance and repair of common property in an apartment building, agreements on the provision of public services and other agreements in the interests of members of the partnership; 2) determine the estimate of income and expenses for the year, including the necessary expenses for the maintenance and repair of common property in an apartment building, the cost of major repairs and reconstruction of an apartment building, special contributions and deductions to the reserve fund, as well as expenses for other established LCD and the charter of the HOA goals; 3) establish, on the basis of the accepted estimate of income and expenses for the year of the HOA, the amounts of payments and contributions for each owner of premises in an apartment building in accordance with his share in the right of common ownership of common property in an apartment building; 4) perform work for the owners of premises in an apartment building and provide services to them; 5) use the loans provided by banks in the manner and on the terms provided for by law; 6) transfer material and monetary resources under the contract to persons performing work for the HOA and providing services to the partnership; 7) sell and transfer for temporary use, exchange property belonging to the HOA. In cases where this does not violate the rights and legitimate interests of the owners of premises in an apartment building, the HOA has the right to: 1) provide for use or limited use of a part of the common property in an apartment building; 2) in accordance with the requirements of the legislation, in accordance with the established procedure, build on, rebuild part of the common property in an apartment building; 3) to receive for use or to receive or acquire into common shared ownership of the owners of premises in an apartment building land plots for housing construction, construction of utility and other buildings and their further operation; 4) in accordance with the requirements of the legislation, on behalf of and at the expense of the owners of premises in an apartment building, develop the allocated land plots adjacent to such a house; 5) conclude transactions and perform other actions that meet the goals and objectives of the HOA. In the event that the owners of premises in an apartment building fail to fulfill their obligations to participate in the general expenses of the HOA, they have the right to demand in court the compulsory reimbursement of mandatory payments and contributions. The HOA may demand in court full compensation for the losses caused to it as a result of the non-fulfillment by the owners of premises in an apartment building of obligations to pay mandatory payments and contributions and pay other general expenses. The HOA is obliged to: 1) ensure compliance with the requirements of Ch. 13 LCD, the provisions of other federal laws, other regulatory legal acts, as well as the charter of the HOA; 2) conclude agreements on the maintenance and repair of common property in an apartment building with owners of premises in an apartment building who are not members of the HOA; 3) fulfill, in the manner prescribed by law, obligations under the contract; 4) ensure the proper sanitary and technical condition of common property in an apartment building; 5) ensure the fulfillment by all owners of premises in an apartment building of obligations for the maintenance and repair of common property in this house in accordance with their shares in the right of common ownership of this property; 6) ensure observance of the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for the possession, use and disposal of common property; 7) take measures necessary to prevent or stop the actions of third parties that impede the exercise of the rights of possession, use and, within the limits established by law, the disposal of owners of premises with common property in an apartment building or hinder this; 8) represent the legitimate interests of the owners of premises in an apartment building, including in relations with third parties (Article 138 of the LC). Article 139 of the LCD provides for the possibility of creating an HOA in apartment buildings under construction by persons who will own the ownership of premises in such houses. The decision to establish such a partnership is made at the general meeting of the said persons, which is held in accordance with the procedure established by Art. 45-48 LCD. The liquidation of the HOA is carried out on the basis and in the manner established by civil law. As stipulated by Part 2 of Art. 141 of the LCD, the general meeting of owners of premises in an apartment building is obliged to decide on the liquidation of the HOA if the members of the partnership do not have more than 50% of the votes of the total number of votes of owners of premises in an apartment building. In accordance with Art. 142 ZhK, two or more HOAs can create an association of homeowners' associations for the joint management of common property in apartment buildings. Management of such associations is carried out according to the rules of Ch. 13 LCD, i.e. in the same order as the management of the HOA. 11.2. Legal status of HOA members Chapter 14 of the LCD defines the legal status of members of the HOA. According to Art. 143 LCD membership in the HOA arises from the owner of the premises in an apartment building on the basis of an application for joining a partnership. Thus, in order to become a member of the HOA, it is enough for the owner of the dwelling to apply for admission to the partnership. Persons acquiring premises in an apartment building in which an HOA has been established have the right to become members of the partnership after they acquire ownership of the premises. Membership in the HOA is terminated from the moment of filing an application for withdrawal from the membership of the partnership or from the moment of termination of the property right of a member of the partnership to the premises in an apartment building. Article 144 of the LCD defines the structure of the governing bodies of the HOA, which are the general meeting of members of the partnership and the board. The supreme governing body of the HOA is the general meeting of its members, which is convened in the manner prescribed by the charter of the partnership. The competence of this body includes: 1) amendments to the charter of the partnership; 2) making decisions on the reorganization and liquidation of the partnership; 3) election of the board and audit commission (auditor) of the partnership; 4) setting the amount of mandatory payments and contributions of members of the partnership; 5) formation of special funds of the partnership, including a reserve fund, a fund for the restoration and repair of common property in an apartment building and its equipment; 6) making a decision on obtaining borrowed funds, including bank loans; 7) determination of directions for the use of income from the economic activities of the partnership; 8) approval of the annual plan for the financial activities of the partnership and a report on the implementation of such a plan; 9) consideration of complaints against the actions of the board of the partnership, the chairman of the board of the partnership and the audit commission (auditor) of the partnership; 10) adoption and change, on the recommendation of the chairman of the board of the partnership, of the internal regulations of the partnership in relation to employees whose duties include maintenance of an apartment building, provisions on remuneration for their work; 11) determination of the amount of remuneration of the members of the management board of the partnership; 12) making decisions on leasing, pledging or transferring other rights to common property in an apartment building; 13) other issues provided for by the LCD or other federal laws. The charter of the HOA may also include the resolution of other issues within the competence of the general meeting of its members. The general meeting of members of the HOA has the right to resolve issues that fall within the competence of its board (Article 145 of the LC). The procedure for organizing and holding a general meeting of members of the HOA is determined by Art. 146 of the LCD, in accordance with part 1 of which the notice of such a meeting is sent in writing by the person on whose initiative it is convened, and is handed to each member of the partnership against receipt or by mail (by registered letter). This notice shall be sent no later than ten days before the date of the general meeting. The General Meeting is not entitled to submit for discussion issues that were not included in the agenda. The powers of the general meeting of members of the HOA are established in accordance with Art. 45 LCD and the charter of the partnership. The general meeting is competent if more than half of the members of the partnership or their representatives are present at it. Decisions of the general meeting on issues referred by the LCD to the competence of the general meeting in accordance with clauses 2, 6, 7, 12, part 2 of Art. 145 of the LCD (making decisions on the reorganization and liquidation of the partnership, on obtaining borrowed funds, determining the directions for using income from the economic activities of the partnership, making decisions on leasing or transferring other rights to common property in an apartment building), are taken by at least 2/3 votes from the total number of votes of the members of the partnership. Decisions on other issues are made by a majority vote of the total number of votes of the members of the partnership present at the general meeting or their representatives. The general meeting of members of the HOA is chaired by the chairman of the board of the partnership or his deputy. In case of their absence, the general meeting is chaired by one of the members of the board of the partnership. The charter of the HOA may provide for voting by means of a written survey or voting by groups of members of the partnership, depending on the type (residential or non-residential) of the premises they own in an apartment building and the issues to be resolved (Article 146 of the LCD). According to Art. 147 of the LCD, the executive body of the HOA is its board, which manages the activities of the partnership. It has the right to make decisions on all issues of the partnership, with the exception of issues related to the exclusive competence of the general meeting of owners of premises in an apartment building and the competence of the general meeting of members of the HOA. The board of the HOA is elected from among the members of the partnership by the general meeting of members of the partnership for a period established by the charter of the partnership, but not more than for two years. It elects a chairman from among its members. The board is accountable to the general meeting of members of the partnership. Meetings of the board of the HOA are convened by the chairman within the time limits established by the charter of the partnership. The meeting of the board is recognized as competent if the majority of its members participate in it. The decision of the board of the HOA is drawn up in a protocol. The responsibilities of the board include: 1) compliance by the partnership with the law and the requirements of the charter of the HOA; 2) control over the timely payment by the members of the partnership of the established mandatory payments and contributions; 3) drawing up annual estimates of income and expenses of the partnership and reports on its financial activities, submitting them to the general meeting of the partnership for approval; 4) management of an apartment building or conclusion of contracts for its management; 5) hiring employees to service an apartment building and dismissing them; 6) conclusion of contracts for the maintenance, operation and repair of common property in an apartment building; 7) maintaining a list of members of the partnership, office work, accounting and financial statements; 8) convening and holding a general meeting of members of the partnership; 9) fulfillment of other obligations arising from the charter of the HOA (Article 148 of the LC). The chairman of the board of the HOA is elected for a term established by the charter of the partnership. He ensures the implementation of the decisions of the board, has the right to give instructions and orders to all officials of the partnership, the execution of which is mandatory for them. The chairman of the board acts without a power of attorney on behalf of the HOA, signs payment documents and makes transactions that, in accordance with the law, the charter of the partnership, do not require mandatory approval by the board of the partnership or the general meeting of its members, develops and submits for approval by the general meeting of members of the partnership the internal regulations regarding employees whose duties include maintenance of an apartment building, the provision on remuneration for their work (Article 149 of the LCD). The bodies of the HOA also include the audit commission (auditor), which, in accordance with Art. 150 LCD is elected by the general meeting of members of the partnership for no more than two years. It cannot include members of the management board of the partnership. The Audit Commission elects its Chairman from among its members. The audit commission (auditor) of the HOA performs the following duties: 1) audit the financial activities of the association at least once a year; 2) submit to the general meeting of members of the partnership a conclusion on the estimate of income and expenses for the corresponding year of the partnership and a report on financial activities and the amount of mandatory payments and contributions; 3) reports to the general meeting of members of the partnership on its activities. The property of the HOA may be movable property, as well as real estate located inside or outside the apartment building. According to part 2 of Art. 151 LCD funds of the HOA consist of: 1) from mandatory payments, entrance and other fees of members of the partnership; 2) income from the economic activities of the partnership, aimed at the implementation of the goals, tasks and obligations of the partnership; 3) subsidies for ensuring the operation of common property in an apartment building, carrying out current and major repairs, providing certain types of utilities and other subsidies; 4) other receipts. Based on the decision of the general meeting of members of the HOA, special funds may be formed in the partnership, spent on the purposes provided for by the charter. The procedure for the formation of special funds is determined by the general meeting of the members of the partnership. The board of the HOA has the right to dispose of the funds of the partnership held in the bank account in accordance with the financial plan of the partnership. In accordance with Art. 152 of the LCD, in order to achieve the goals provided for by the charter, the HOA has the right to engage in economic activities, namely: 1) maintenance, operation and repair of real estate in an apartment building; 2) construction of additional premises and objects of common property in an apartment building; 3) leasing, renting a part of the common property in an apartment building. Based on the decision of the general meeting of members of the HOA, income from the economic activities of the partnership is used to pay for general expenses or is directed to special funds spent for the purposes provided for by the charter of the partnership. Additional income may be directed to other purposes of the activity of the HOA, provided for in Ch. 14 LCD and the charter of the partnership. Topic 12. Payment for housing and utilities Citizens and organizations are obliged to timely and fully pay for housing and utilities. The obligation to pay the said fee arises: 1) from a tenant of residential premises under a social tenancy agreement - from the moment such an agreement is concluded; 2) the tenant of the residential premises of the state or municipal housing stock - from the moment of conclusion of the relevant lease agreement; 3) a tenant of residential premises under an agreement for the commercial rental of residential premises of a state or municipal housing stock - from the moment such an agreement is concluded; 4) a member of a housing cooperative - from the moment the housing cooperative provides housing; 6) the owner of the dwelling - from the moment the right of ownership to the dwelling arises. Prior to the settlement of residential premises of state and municipal housing funds in accordance with the established procedure, the costs of maintaining residential premises and utilities are borne by state authorities and local governments or persons authorized by them (Article 153 of the LC). The structure of payment for housing and utilities is determined by Art. 154 of the LCD, according to which this payment for a tenant of a dwelling occupied under a social tenancy agreement or a contract for the commercial tenancy of a dwelling of a state or municipal housing stock includes: 1) payment for the use of residential premises (rental payment); 2) payment for the maintenance and repair of residential premises, which includes payment for services and work on the management of an apartment building, maintenance and repair of residential premises, provided and performed in the established volumes, as well as on the management, maintenance and current repair of common property in an apartment building . Capital repairs of common property in an apartment building are carried out at the expense of the owner of the housing stock; 3) utility bills. The payment for housing and utilities for the owner of premises in an apartment building includes: 1) payment for the maintenance and repair of residential premises, which includes payment for services and work on the management of an apartment building, maintenance, current and major repairs of common property in such a house; 2) utility bills. Owners of residential buildings bear the costs of their maintenance and repair, as well as pay for utilities in accordance with contracts concluded with persons engaged in relevant activities. The payment for utility services includes payment for cold and hot water supply, sewerage, electricity supply, gas supply (including supplies of domestic gas in bottles), heating (heat supply, including supplies of solid fuel in the presence of stove heating). Article 155 of the LCD establishes that payment for housing and utilities is paid monthly until the tenth day of the month following the expired month, unless a different period is established by the apartment building management agreement. This fee is paid on the basis of payment documents submitted no later than the first day of the month following the expired month, unless a different period is established by the apartment building management agreement. Tenants of residential premises under a social tenancy agreement and a contract for the commercial rental of residential premises of state or municipal housing stock pay a fee for the use of residential premises (rental fee) to the landlord. Tenants of residential premises under a social tenancy agreement and a contract for commercial rental of residential premises of state or municipal housing stock in an apartment building, which is managed by a legal entity, regardless of the legal form or individual entrepreneur (hereinafter referred to as the managing organization), pay a fee for the maintenance and repair of residential premises, as well as payment for utilities of this managing organization. If the amount of the fee paid by the tenant of the residential premises is less than the amount of the fee established by the management agreement, the remaining part of the fee is paid by the landlord in the manner agreed with the managing organization. Members of an HOA or a housing cooperative or other specialized consumer cooperative created to meet the needs of citizens for housing in accordance with the federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative) make mandatory payments and (or) contributions related to the payment of expenses for maintenance, current and major repairs of common property in an apartment building, as well as with payment for utilities, in the manner prescribed by the management bodies of the partnership or the management bodies of the cooperative. Owners of premises in an apartment building in which such a partnership or cooperative is established, who are not members of an HOA or a housing cooperative or other specialized consumer cooperative, pay a fee for housing and utilities in accordance with agreements concluded with the HOA or a housing cooperative or other specialized consumer cooperative . The owners of premises in an apartment building in which no HOA or a housing cooperative or other specialized consumer cooperative has been established and which is managed by a managing organization, pay for the living space and utilities to this managing organization. The owners of premises in an apartment building, who directly manage such a building, pay the specified fee in accordance with the agreements concluded with persons engaged in the relevant types of activities. In a similar manner, the owners of these premises pay for services and work on their maintenance and repair. As provided by h. East. 155 of the LCD, non-use by owners, tenants and other persons of premises is not a reason for non-payment of payment for residential premises and utilities. In case of temporary absence of citizens, payment for certain types of utilities, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner approved by the Government of the Russian Federation. Payment for utilities provided to temporary residents is paid by the tenant of the residential premises in accordance with an additional agreement with the landlord concluded for the period of residence of temporary residents. The landlord, the managing organization are obliged to inform in writing, respectively, tenants of residential premises of state and municipal housing stocks and owners of residential premises in an apartment building about a change in the amount of payment for residential premises and utilities no later than 30 days before the date of submission of payment documents, on the basis of which this fee will be paid in a different amount, unless a different period is established by the management agreement. Persons who late and (or) not fully paid the payment for housing and utilities (debtors) are obliged to pay to the creditor a penalty fee in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at the time of payment, from the amounts not paid on time for each day delays from the next day after the due date of payment until the day of actual payment inclusive. An increase in the specified amount of fines is not allowed. Article 156 of the LCD establishes a general principle according to which the payment for the maintenance and repair of residential premises is set in an amount that ensures the maintenance of common property in an apartment building in accordance with the requirements of the law. The amount of payment for the use of residential premises (rental fees), payments for the maintenance and repair of residential premises for tenants of residential premises under social rental agreements and commercial rental agreements for residential premises of state or municipal housing stock is determined based on the total area occupied (in separate rooms in hostels - based on the area of these rooms) of the dwelling. The amount of payment for the use of residential premises (rental fees), fees for the maintenance and repair of residential premises for the above categories of tenants of residential premises and the amount of payment for the maintenance and repair of residential premises for owners of residential premises who have not made a decision on choosing the method of managing an apartment building , are established by local governments (in the subjects of the Russian Federation - the cities of federal significance Moscow and St. Petersburg - by the state authority of the corresponding subject of the Russian Federation). The amount of payment for renting a dwelling of the state or municipal housing stock is established depending on the quality and amenities of the dwelling, the location of the house (part 4 of article 156 of the LCD). As provided for in Part 5 of Art. 156 of the LCD, the establishment of the amount of rent should not lead to the tenant of the dwelling having the right to a subsidy for paying for the dwelling and utilities. Federal laws, laws of the constituent entities of the Russian Federation, establishing the procedure for providing residential premises of the state housing stock to other categories of citizens in accordance with Part 3 of Art. 49 of the LCD, other conditions (compared to those provided for in parts 4 and 5 of article 156 of the LCD) may be established for determining the amount of payment for the use of residential premises (rent). The procedure for determining the amount of payment for housing for citizens living in residential premises of houses of the social service system, in residential buildings of funds for the temporary settlement of forced migrants and persons recognized as refugees, as well as in hostels, if several citizens live in one room in a hostel, is established the owners of said dwellings. The amount of payment for the maintenance and repair of residential premises in an apartment building in which no HOA or housing cooperative or other specialized consumer cooperative is established is determined at a general meeting of owners of premises in such a house, which is held in the manner prescribed by Art. 45-48 LCD. The amount of payment for the maintenance and repair of residential premises in an apartment building is determined taking into account the proposals of the managing organization and is established for a period of at least one year. The amount of mandatory payments and (or) contributions of members of the HOA or a housing cooperative or other specialized consumer cooperative, related to the payment of expenses for the maintenance and repair of common property in an apartment building, is determined by the management bodies of the partnership or cooperative in accordance with their charter. Citizens recognized as low-income citizens in accordance with the procedure established by the LCD and occupying residential premises under social tenancy agreements are exempted from paying a fee for the use of residential premises (rental fees) (part 9 of article 156 of the LCD). A change in the amount of payment for the maintenance and repair of a dwelling in the event of the provision of services and the performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration is determined in the manner established by the Government of the Russian Federation. According to Art. 157 of the LCD, the amount of payment for utilities is determined based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by local governments (in the constituent entities of the Russian Federation - federal cities of Moscow and St. Petersburg - by the public authorities of the relevant constituent entity of the Russian Federation), with the exception of the standards for the consumption of utility services for electricity and gas supply, approved by the public authorities of the constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation. The rules for the provision of public services to citizens are also established by the Government of the Russian Federation. The amount of payment for utilities is calculated according to the tariffs established by the state authorities of the constituent entities of the Russian Federation, local authorities (in the constituent entities of the Russian Federation - the cities of federal significance Moscow and St. Petersburg - by the state authority of the corresponding constituent entity of the Russian Federation) in the manner established by federal law. Changing the form of ownership of a dwelling, the grounds for using a dwelling, the formation or liquidation of an HOA or a housing cooperative or other specialized consumer cooperative is not a basis for changing the amount of payment for utilities. When providing utilities of inadequate quality and (or) with interruptions exceeding the established duration, a change in the amount of payment for utilities is determined in the manner established by the Government of the Russian Federation. In accordance with Art. 158 of the LCD, the owner of the premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in such a house in proportion to his share in the common ownership of this property by paying a fee for the maintenance and repair of the residential premises. The decision of the general meeting of owners of premises in an apartment building on payment of expenses for the overhaul of an apartment building is made taking into account the proposals of the managing organization on the start date for the overhaul, the required scope of work, the cost of materials, the procedure for financing repairs, the timing of reimbursement of expenses and other proposals related to the conditions for carrying out overhaul. The obligation to pay the costs of capital repairs of a residential building applies to all owners of premises in this house from the moment their right of ownership to the said premises arises. Thus, the period during which the person was the owner of the dwelling does not matter in this case. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of major repairs passes to the new owner. If the owners of premises in an apartment building at their general meeting did not decide to establish the amount of payment for the maintenance and repair of residential premises, this amount is established by the local government (in the constituent entities of the Russian Federation - the cities of federal significance Moscow and St. Petersburg - by the state authority of the corresponding subject of the Russian Federation ). General provisions on the provision of subsidies for housing and utilities are contained in Art. 159 of the LCD, which provides that such subsidies are provided to citizens if their expenses for paying for housing and utilities, calculated on the basis of the size of the regional standard of the normative area of \u6b\u159bthe residential premises used to calculate subsidies, and the size of the regional standard for the cost of housing and communal services established according to the rules h. 2 Article. 159 of the LCD, exceed the value corresponding to the maximum allowable share of citizens' expenses for paying for housing and utilities in the total family income. The size of regional standards for the normative area of a dwelling used to calculate subsidies, the cost of housing and communal services, and the maximum allowable share of citizens' expenses for paying for dwellings and utilities in the total family income are established by the subject of the Russian Federation. For families with an average per capita income below the established subsistence minimum, the maximum allowable share of expenses is reduced in accordance with a correction factor equal to the ratio of the family's average per capita income to the subsistence minimum. According to part XNUMX of Art. XNUMX ZhK the right to subsidies have: a) users of residential premises of the state and municipal housing stock; b) tenants under contracts for the lease of residential premises of private housing stock; c) members of housing cooperatives; d) homeowners. Subsidies are provided by the local self-government body or an institution authorized by it to the above citizens on the basis of their applications, taking into account their family members permanently residing with them. Subsidies are transferred to citizens before the deadline for making payments for housing and utilities, established by Part 1 of Art. 155 LCD. Thus, the payment of subsidies is not made in cash, but through non-cash payments. The LC specifically stipulates that subsidies are provided to citizens if they do not have arrears in paying for residential premises and utilities or when citizens conclude and (or) fulfill agreements on its repayment (part 5 of article 159). When determining the rights of citizens living in residential premises of any form of ownership to subsidies and calculating their amounts, regional standards of the normative area of \uXNUMXb\uXNUMXbthe residential premises used to calculate subsidies, the cost of housing and communal services and the maximum allowable share of citizens' expenses for paying for residential premises and utilities are applied. in total family income. The size of the regional standard for the cost of housing and communal services is established on the basis of prices, tariffs and standards used to calculate fees for the maintenance and repair of residential premises and utilities for tenants under social rental agreements living in residential premises located in houses, the level of improvement, constructive and the technical parameters of which correspond to the average conditions in the municipality. As stipulated by Part 8 of Art. 159 of the LCD, financing of expenses for the provision of subsidies is carried out from local budgets at the expense of subventions provided to local budgets from the budgets of the constituent entities of the Russian Federation, and for the federal cities of Moscow and St. Petersburg - from the budgets of these constituent entities of the Russian Federation. Subjects of the Russian Federation for the purposes specified in the above norm may receive financial assistance from the federal budget, calculated on the basis of federal standards established by the Government of the Russian Federation. The procedure for financing expenses for ensuring the provision of subsidies, as well as the procedure for financing expenses for the provision of subsidies to citizens undergoing military service and living in closed military camps, is established by the Government of the Russian Federation. The amount of the subvention from the budget of a constituent entity of the Russian Federation is calculated based on statistical information on the distribution of the population of the municipality in relation to the levels of average per capita income and on the basis of regional standards: 1) the standard area of the dwelling used for the calculation of subsidies; 2) the cost of housing and communal services, differentiated by municipalities; 3) the maximum allowable share of citizens' expenses for housing and utilities in the total family income (part 10 of article 159). In accordance with Part 11 of Art. 159 of the LCD, the local self-government body has the right to apply, when calculating subsidies, standards of the normative living space used for calculating subsidies, the cost of housing and communal services and the maximum allowable share of citizens' expenses for paying for housing and utilities in the total family income, which are different from the established regional standards, if this improves the situation of citizens receiving such subsidies. Additional costs for the provision of these subsidies are financed from the local budget. Subsidies for payment for housing and communal services are not provided to foreign citizens, unless otherwise provided by international treaties of the Russian Federation. Certain categories of citizens, in the manner and under the conditions established by federal laws, laws of the constituent entities of the Russian Federation and regulatory legal acts of local governments, may be provided with compensation for the costs of paying for residential premises and utilities at the expense of the relevant budgets. Compensation for expenses for paying for residential premises and utilities are included in the total family income when calculating subsidies provided to citizens in the manner prescribed by Art. 159 JK (art. 160 JK). As provided by Art. 8 of the Law on the introduction of the LCD, until changes are made to federal laws and other regulatory legal acts in terms of replacing the procedure for providing citizens with benefits for paying for housing and utilities with the procedure for providing in accordance with Art. 160 of the LC of compensation, the previous procedure for providing these benefits, established by these federal laws and other regulatory legal acts prior to the entry into force of the LC, is retained. Author: Ivakin V.N.
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