Housing law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets
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Housing law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Table of contents

1. The concept, subject and method of housing law

Housing law, being one of the branches of law, regulates relations arising in the process of using residential premises in accordance with their purpose, as well as changing their legal regime, carrying out legal actions with residential premises specified by law (registration of rights to them, purchase and sale, hiring , rent, etc.). These relations are the subject of housing law.

The method of law includes the main directions of how legal relations in a given industry are regulated, that is, it is a set of legal means by which legal regulation of qualitatively homogeneous social relations is carried out. We can talk about two methods of legal regulation of housing relations:

1) dispositive - subject to the equality of the parties, based on permissions;

2) imperative - based on the instructions of the authorities, the fulfillment of duties, punishments for violation of prohibitions.

At the same time, according to the criterion of independent decision-making by the subjects of housing legal relations, this branch of law uses both the method of autonomy (it is possible to independently determine the behavior in relations between the parties) and the authoritarian method (the use of authoritative legal prescriptions).

Since housing law is a part (fully isolated or not - the question is not fully resolved) of civil law, it is subject to its basic principles (Civil Code of the Russian Federation, part one of November 30, 1994 No. 51-FZ (as amended. and additional) (hereinafter referred to as the Civil Code of the Russian Federation, part 1):

▪ equality of participants in regulated relations;

▪ inviolability of property;

▪ freedom of contract;

▪ the need for the unhindered exercise of civil rights;

▪ ensuring the restoration of violated rights and their judicial protection.

The inviolability of the home is defined in the Constitution of the Russian Federation of December 12, 1993 - "no one has the right to enter the home against the will of the persons living in it, except in cases established by federal law, or on the basis of a court decision" (Article 25 of the Constitution of the Russian Federation, paragraph 2 article 3 of the Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (as amended and supplemented) (hereinafter referred to as the Housing Code of the Russian Federation).

No one may be evicted from a dwelling or restricted in the right to use the dwelling, including the right to receive communal services, except on the grounds and in the manner provided for by housing legislation.

Citizens, at their own discretion and in their own interests, exercise their housing rights, including dispose of them. Citizens are free to establish and exercise their housing rights by virtue of an agreement and (or) other grounds provided for by housing legislation. Citizens, exercising housing rights and fulfilling obligations arising from housing relations, must not violate the rights, freedoms and legitimate interests of other citizens.

Housing rights may be limited on the basis of 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.

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 housing legislation.

2. Subjects and objects of housing law

According to paragraph 2 of Art. 4 of the Housing Code of the Russian Federation, the subjects of housing law (participants in housing legal relations) are:

1) citizens;

2) legal entities - organizations that have separate property in ownership, economic management or operational management and are liable for their obligations with this property, can acquire and exercise property and personal non-property rights on their own behalf, incur obligations, be a plaintiff and defendant in court;

3) Russian Federation;

4) subjects of the Russian Federation;

5) municipalities.

On behalf of the Russian Federation and the constituent entities of the Russian Federation, by their actions, they can acquire and exercise property and personal non-property rights and obligations, act in court by state authorities within their competence established by acts defining the status of these bodies; on behalf of municipalities - local self-government bodies within their competence established by acts defining the status of these bodies (Article 124 of the Civil Code of the Russian Federation).

The Russian Federation, a constituent entity of the Russian Federation, a municipality are liable for their obligations with property belonging to them on the basis of ownership, except for property that is assigned to legal entities created by them on the basis of the right of economic management or operational management, as well as property that can only be in state or municipal ownership .

Legal entities established by the Russian Federation, subjects of the Russian Federation, municipalities are not liable for their obligations. The Russian Federation, constituent entities of the Russian Federation, municipalities are not liable for the obligations of legal entities created by them, except in cases provided for by law. The Russian Federation is not liable for the obligations of the constituent entities of the Russian Federation and municipalities that are not liable for each other's obligations, as well as for the obligations of the Russian Federation.

These rules do not apply to cases where the Russian Federation has assumed a guarantee (guarantee) for the obligations of a subject of the Russian Federation, a municipality or a legal entity, or the said subjects - for the obligations of the Russian Federation.

Housing legislation applies to housing relations with the participation of foreign citizens, stateless persons, foreign legal entities, unless it contradicts other legislative norms (in particular, establishing the impossibility of applying certain provisions to these categories of persons).

Housing legislation regulates relations regarding (clause 1, article 4 of the Housing Code of the Russian Federation):

1) the emergence, implementation, change, termination of the right to own, use, dispose of residential premises of state and municipal housing funds;

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 (hereinafter referred to as ZhK and ZhSK), homeowners associations (hereinafter referred to as HOAs), 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.

3. Functions of housing law

The main principles of housing legislation are defined in Art. 1 of the Housing Code of the Russian Federation, according to which the main functions of housing law are to ensure:

1) state authorities and local self-government bodies of the conditions for the exercise by citizens of the right to housing, its security;

2) inviolability and inadmissibility of arbitrary deprivation of a dwelling;

3) unhindered exercise of rights arising from relations regulated by housing legislation (housing rights);

4) the safety of the housing stock and the use of residential premises for their intended purpose;

5) equality of participants in relations regulated by housing legislation (housing relations) in terms of ownership, use and disposal of residential premises, unless otherwise follows from the Housing Code of the Russian Federation, another federal law or the essence of the relevant relations;

6) restoration of violated housing rights, their judicial protection.

The protection of violated housing rights is carried out by the court in accordance with the jurisdiction of cases established by the procedural legislation.

Protection of housing rights is carried out by:

1) recognition of housing law;

2) the restoration of the situation that existed before the violation of the housing law, and the suppression of actions that violate this right or create a threat of its violation;

3) recognition by the court as invalid, in whole or in part, of a regulatory legal act of a state body or local government that violates housing rights and contradicts the LC RF or a regulatory legal act adopted in accordance with it that has a greater than the specified regulatory legal act of a state body or local government , legal force;

4) non-application by the court of a regulatory legal act of a state body or a regulatory legal act of a local self-government body that contradicts the LC RF or a federal law adopted in accordance with it, another regulatory legal act that has a greater than the specified regulatory legal act of a state body or a regulatory legal act of a local authority self-government, legal force;

5) termination or change of the housing legal relationship;

6) in other ways provided by the housing legislation.

State authorities and local self-government bodies within their competence in accordance with Art. 2 of the Housing Code of the Russian Federation 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.

4. System of housing legislation

Housing legislation consists of the Housing Code of the Russian Federation, 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 bodies, adopted laws and other regulatory legal acts of constituent entities of the Russian Federation, regulatory legal acts of local government bodies. This constitutes the housing legislation system. Particularly in the system of housing legislation, the Civil Code of the Russian Federation stands out as the main normative document regulating transactions, the objects of which are residential and non-residential premises (purchase and sale transactions, rent, pledge, donation, exchange, etc.), as well as real rights (for example, property rights) to these premises.

Decrees of the President of the Russian Federation should not contradict the LC RF, other federal laws.

Decrees (normative acts) and orders of the Government of the Russian Federation should be issued on the basis of and in pursuance of the RF LC, other federal laws, regulatory decrees of the President of the Russian Federation and are mandatory for application in the Russian Federation.

Federal executive authorities may issue normative legal acts containing norms governing housing relations, in cases and within the limits provided for by the LC RF, other federal laws, decrees of the President of the Russian Federation, and resolutions of the Government of the Russian Federation.

State authorities of the constituent entities of the Russian Federation may adopt laws and other regulatory legal acts within their powers on the basis of the RF LC, other federal laws adopted in accordance with it.

Local self-government bodies may adopt regulatory legal acts within their powers in accordance with the LC RF, other federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

For housing relations related to the repair, reconstruction and redevelopment of residential premises, the use of engineering equipment, the provision of public services, the payment of utility bills, the relevant legislation is applied, taking into account the requirements established by the LC RF. For example, relations arising in connection with the construction, reconstruction of capital construction objects (including buildings, structures, structures), if the design and other characteristics of the reliability and safety of these objects are affected during such work, are regulated by the new Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ (as amended and supplemented), other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them.

Technical rules and norms are established in accordance with the Federal Law of December 27, 2002 No. 184-FZ "On Technical Regulation" (as amended and supplemented). An important role is played by technical regulations - documents adopted by an international treaty of the Russian Federation, ratified in the prescribed manner, and establishing mandatory requirements for the application and execution of requirements for objects of technical regulation (buildings, structures and structures, production processes, operation, storage, transportation, sale and disposal ).

The establishment of sanitary rules and norms is governed by the provisions of special legislation, in particular, the Federal Law of March 30, 1999 No. 52-FZ "On the sanitary and epidemiological well-being of the population" (as amended and supplemented).

According to part 4 of Art. 15 of the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation are also an integral part of its legal system.

5. Competence of authorities of various levels in the field of housing relations

The regulation of relations in the field of housing legislation is entrusted to state authorities of three levels: federal, bodies of subjects of the Russian Federation and local self-government.

State authorities at each level keep records and determine the procedure for providing residential premises (including recognizing residential premises as unsuitable for habitation, controlling the use and safety) of the corresponding housing stock to those in need. The procedure for state registration of housing stock and the determination of the category of those in need of residential premises and the procedure for their provision are under the jurisdiction of the federal authorities. However, the state authorities of the subjects of the Russian Federation are empowered to determine, in addition to the federal regional categories of citizens in need of housing, who can count on housing from the housing stock of the subject of the Russian Federation.

The competence of the state authorities of the Russian Federation also includes the most common issues of determining the procedure for the functioning of participants in housing legal relations, such as housing and housing cooperatives, housing cooperatives, homeowners associations; the legal status of their members. The basis for the legal regulation of housing relations at the federal level is the Housing Code of the Russian Federation and a number of federal laws that determine the procedure for the reconstruction and redevelopment of residential premises, the recognition of residential premises as unfit for habitation, and establishes the rules for the use of residential premises.

The Constitution of the Russian Federation, the Housing Code of the Russian Federation, other federal laws play a role in determining the competence of state authorities of one level or another, where the competence of bodies in a particular issue is clearly defined or it can be identified by the method of exclusion.

The competence of state authorities of the Russian Federation includes:

▪ establishment of requirements for residential premises, their maintenance, maintenance of the common property of premises owners in apartment buildings;

▪ determination of the grounds for the provision of residential premises under lease agreements for specialized residential premises of state and municipal housing funds;

▪ determination of the grounds, procedure and conditions for eviction of citizens from residential premises;

▪ legal regulation of certain types of transactions with residential premises;

▪ establishing the structure of payments for residential premises and utilities, the procedure for calculating and making such payments.

The competence of state authorities of the constituent entity of the Russian Federation includes:

▪ establishing a procedure for determining the amount of income per family member and the value of property owned by family members and subject to taxation, in order to recognize citizens as low-income and provide them with residential premises of the municipal housing stock under social rental agreements;

▪ defining the procedure for local government bodies to keep records of citizens as those in need of residential premises provided under social tenancy agreements.

The competence of local governments includes:

▪ establishing the amount of income per each family member and the value of property owned by family members and subject to taxation, in order to recognize citizens as low-income and provide them with residential premises of the municipal housing stock under social rental agreements;

▪ making, in accordance with the established procedure, decisions on the transfer of residential premises to non-residential premises and non-residential premises to residential premises;

▪ coordination of reconstruction and redevelopment of residential premises;

▪ defining the procedure for obtaining a document confirming the decision to approve or refuse approval for the reconstruction and (or) redevelopment of residential premises.

6. The procedure for resolving conflicts between normative acts of housing legislation

Housing legislation is jointly administered by the Russian Federation and the constituent entities of the Russian Federation, therefore it contains normative acts of the federal, regional (subjects of the Russian Federation) and local levels, the basis of which is the Housing Code of the Russian Federation.

In case of inconsistency between the norms of housing legislation contained in federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, and the provisions of the LC RF, the provisions of the LC RF shall apply. Such a statement does not have a sufficient explanation and is considered by a number of scientists (M.Yu. Tikhomirov) as a kind of "internal agreement" of legal norms.

Decrees and orders of the Government of the Russian Federation in case they contradict the Constitution of the Russian Federation, federal constitutional laws, federal laws and decrees of the President of the Russian Federation can be canceled by the President of the Russian Federation (Article 33 of the Federal Constitutional Law of December 17, 1997 No. 2-FKZ "On the Government of the Russian Federation "(with the last amendment and add.). Acts of the Government of the Russian Federation can be appealed to the court.

Among the normative legal acts of local self-government bodies, the charter of the municipality and the decisions adopted at the local referendum (gathering of citizens) formalized in the form of legal acts have the highest legal force. They should not be contradicted by other municipal legal acts.

Acts of housing legislation do not have retroactive effect and apply to housing relations that have arisen after its entry into force, except in cases where the law directly provides for the retroactive effect of the law (Article 6 of the LC RF). If rights and obligations in housing relations arose after the entry into force of a legislative act, then its norms should be applied, despite the fact that the legal relationship itself arose before this entry. Sometimes acts of housing legislation directly establish that their effect extends to relations arising from previously concluded contracts, even if the time of occurrence of these relations refers to the period preceding the entry into force of the act.

In cases where housing relations are not regulated by housing legislation or an agreement between the participants in such relations, and in the absence of civil or other legislation directly regulating such relations, they, if this does not contradict their essence, are subject to housing legislation regulating similar relations (an analogy of the law ). This provision has the right to be guided by all law enforcement agencies. If it is impossible to use the analogy of the law, the rights and obligations of participants in housing relations are determined on the basis of the general principles and meaning of housing legislation (analogy of law) and the requirements of good faith, humanity, reasonableness and justice. The use of the analogy of law is possible only in order to determine the rights and obligations of participants in housing relations.

According to Art. 9 of the Housing Code of the Russian Federation, if an international treaty of the Russian Federation establishes rules other than those provided for by housing legislation, the rules of the international treaty shall apply. On the territory of the Russian Federation, in particular, there are international legal acts of the UN containing rules in the field of housing relations. For example, the Universal Declaration of Human Rights (adopted at the third session of the UN General Assembly by resolution 217 A (III) of December 10, 1948), the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (1966) .

7. The concept of the housing stock and the housing sector

During Russia's transition to a market type of development, the regulatory framework also had a transitional character. Thus, the Law of the Russian Federation of December 24, 1992 No. 4218-1 "On the Fundamentals of the Federal Housing Policy" (with the latest amendments and additions, became invalid on March 1, 2005) aimed at transferring legal relations related to housing from administrative law entirely into housing. The process ended with the adoption of the LC RF. If earlier the housing sector included exclusively norms for the use of the housing stock, then the concept of the housing sector has been clearly expanded by modern legislation. The housing sector, as part of the economic and economic spheres, is one of the most important aspects of the country's market life.

The housing sector is an area of the national economy, including the construction and reconstruction of dwellings, structures and elements of engineering and social infrastructure, management of the housing stock, its maintenance and repair.

All residential premises located on the territory of the Russian Federation (housing stock), depending on the form of ownership, are divided (Article 19 of the Housing Code of the Russian Federation) into:

▪ private housing stock - a set of residential premises owned by citizens and owned by legal entities;

▪ state housing stock - a set of residential premises owned by the Russian Federation (housing stock of the Russian Federation) and residential premises owned by constituent entities of the Russian Federation (housing stock of constituent entities of the Russian Federation);

▪ municipal housing stock - a set of residential premises owned by municipalities.

▪ housing stock of collective ownership.

The housing stock is the totality of all residential premises, regardless of the form of ownership, including:

▪ residential buildings;

▪ specialized houses (dormitories, shelter hotels, houses of flexible stock, residential premises from the housing stock for temporary settlement of citizens who have lost their housing as a result of foreclosure on residential premises, special houses for single elderly people, boarding houses for the disabled, veterans and others) ;

▪ apartments;

▪ office residential premises;

▪ other residential premises in other buildings suitable for living.

The housing stock includes, in addition to those listed, also premises that do not correspond to residential premises in terms of sanitary and technical condition, but are occupied by citizens for living.

Depending on the purpose of use, the housing stock is divided into:

▪ housing stock for social use - the totality of residential premises of state and municipal housing stock provided to citizens under social tenancy agreements;

▪ specialized housing stock - a set of residential premises of state and municipal housing funds intended for residence of certain categories of citizens;

▪ 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 citizens' residence on the specified terms of use (privatized residential premises);

▪ housing stock for commercial use - a set of residential premises that are used by the owners of such premises for the residence of citizens on the basis of paid use, provided to citizens under other agreements, provided by the owners of such premises to persons for possession and (or) use (being leased).

8. Maintenance of the housing stock

The recommended list of works on the maintenance of residential buildings performed by the housing stock maintenance organization is given in the Rules and Regulations for the technical operation of the housing stock (approved by the Decree of the Gosstroy of the Russian Federation of September 27, 2003 No. 170):

▪ work performed during technical inspections and walk-throughs of individual elements and premises of residential buildings:

▪ elimination of minor faults in water supply and sewerage systems; in central heating and hot water supply systems; electrical devices;

▪ cleaning the sewer bed, checking the serviceability of sewer hoods;

▪ checking the grounding of bathtubs; electrical cable sheaths, wire insulation resistance measurements;

▪ minor repairs of stoves and hearths (strengthening doors, firebox sheets, etc.);

▪ work performed to prepare residential buildings for use in the spring and summer:

▪ strengthening drainpipes, elbows and funnels, flag holders;

▪ reactivation and repair of the irrigation system;

▪ Removing springs on entrance doors;

▪ preservation of the central heating system;

▪ repair of equipment for children's and sports grounds;

▪ repair of sagging blind areas;

▪ installation of an additional network of irrigation systems;

▪ work performed in preparing residential buildings for operation in the autumn-winter period:

▪ insulation of window and balcony openings;

▪ replacement of broken glass windows and balcony doors;

▪ insulation of entrance doors to apartments, attic floors, pipelines in attics and basements;

▪ repair, adjustment and testing of central heating systems;

▪ insulation and cleaning of smoke ventilation ducts;

▪ replacement of broken glass windows and doors of auxiliary premises;

▪ conservation of irrigation systems;

▪ repair and strengthening of entrance doors.

In residential and auxiliary premises of apartments, these works are carried out by tenants, tenants, owners of residential premises. The scope of work and the timing of their implementation are reflected in the schedule, which is drawn up for the week, month and year.

To manage and control the technical condition of the housing stock, joint dispatch services (ODS) or district dispatch services (RDS) are created for microdistricts or groups of houses. For each ODS, a list of dispatchable objects and controlled parameters of engineering equipment is established. Means of automation and dispatching of engineering equipment, means of communication, control and measuring devices (CIP) and meters should ensure, respectively, the maintenance of the specified modes of operation of engineering equipment, the timely filing of signals about violations of operating modes or accidents.

Applications for malfunctions of engineering equipment or structures should be considered by the RDS on the day they are received, and their elimination should be organized no later than the next day. Applications related to ensuring the security of residence are eliminated as a matter of urgency. In cases where troubleshooting requires a long time or spare parts that are not currently available, it is necessary to inform the applicant about the decisions made.

Landscaping of territories is carried out after cleaning the latter from the remnants of building materials, debris, laying underground communications and structures, laying roads, driveways, sidewalks, arranging platforms and fences. The preservation of green spaces on the territory of households and proper care for them is provided by the housing maintenance organization or, on a contractual basis, by a specialized organization. It is not recommended to plant female specimens of poplars, mulberries and other trees that clog the territory and air during fruiting.

9. Ensuring the safety of the housing stock, repair

The main document is the Rules and norms for the technical operation of the housing stock (approved by the Decree of the Gosstroy of the Russian Federation of September 27, 2003 No. 170).

Maintenance of the building (maintenance and current repair) includes a set of works to maintain the elements and in-house systems in good condition, the specified parameters and operating modes of its structures, equipment and technical devices.

The maintenance system of the housing stock ensures the normal functioning of buildings and engineering systems during the established service life of the building with the use of material and financial resources in the required volumes. It includes work on monitoring the condition of the housing stock, maintaining it in good working order, operability, adjusting and regulating engineering systems, etc. Control over the technical condition is carried out by conducting scheduled and unscheduled inspections.

The current repair of the building includes a set of construction and organizational and technical measures to eliminate malfunctions (restoring performance) of elements, equipment and engineering systems of the building to maintain operational performance.

The organization of the current repair of residential buildings should be carried out in accordance with the technical instructions for the organization and technology of the current repair of residential buildings and the technical instructions for the organization of preventive maintenance of residential large-panel buildings by housing maintenance organizations.

The duration of the current repair is determined according to the standards for each type of repair work on structures and equipment. The frequency of current repairs is taken within 3-5 years, taking into account the capitalization of buildings, physical wear and tear and local conditions. The current repair of the engineering equipment of residential buildings (heating and ventilation systems, hot and cold water supply, sewerage, electricity supply, gas supply), which is under maintenance of specialized operating utilities, is carried out by these enterprises. An inventory of repair work for each building included in the annual current repair plan is developed and agreed with the owner of the housing stock, the authorized person or the head of the housing stock maintenance organization within the established time limits (they also accept the results of the repair).

In buildings scheduled for major repairs within the next 5 years or subject to demolition, current repairs are limited to works that provide standard living conditions (preparation for spring-summer and winter operation, adjustment of engineering equipment).

During a major overhaul:

▪ comprehensive troubleshooting of all worn-out elements of the building and equipment,

▪ replacement, restoration or replacement of them with more durable and economical ones,

▪ improving the operational performance of the housing stock,

▪ implementation of a technically feasible and economically feasible modernization of residential buildings with the installation of heat, water, gas, electricity meters and ensuring rational energy consumption.

Over the next 10 years, major repairs in houses subject to demolition, the restoration and improvement of which are inappropriate to carry out, are allowed as an exception only to the extent that ensures safe and sanitary living conditions in them for the remaining period. The planned dates for the start and completion of the overhaul of residential buildings are established according to the norms for the duration of the overhaul of residential and public buildings and urban facilities.

10. The concept of residential and non-residential premises. The procedure for the transfer of residential premises to non-residential

Residential premises - an isolated premises, which is real estate, suitable for permanent residence of citizens and meeting the requirements of sanitary, technical and other standards. The totality of all residential premises located on the territory of the Russian Federation constitutes the housing stock. Its use and safety, compliance with established standards is controlled by the authorized federal executive bodies, state authorities of the constituent entities of the Russian Federation. Article 21 of the Housing Code of the Russian Federation provides for voluntary insurance of residential premises.

Classification of residential premises:

▪ residential building (part of it) - an individually defined building, which consists of rooms, as well as premises for auxiliary use;

▪ apartment (part of it) - a structurally separate room in an apartment building, providing direct access to common areas in such a building and consisting of one or more rooms, as well as premises for auxiliary use;

▪ room - part of a residential building or apartment, intended for use as a place of direct residence for citizens in a residential building or apartment.

The main purpose of residential premises, in contrast to non-residential premises, is the residence of citizens in it (Article 17 of the Housing Code of the Russian Federation). The law, with a number of restrictions, allows the use of residential premises for the implementation of professional or individual entrepreneurial activities of citizens. It is forbidden to place industrial production in residential premises (non-residential premises are intended for this).

The possibility of transferring residential premises to non-residential premises is provided for by Art. 22 LCD RF with some restrictions. When transferring a dwelling occupied under a social tenancy agreement, citizens evicted from it are provided with another comfortable dwelling under a social tenancy agreement (Article 87 of the LC RF).

Translation is not allowed if:

▪ access to the premises being transferred is impossible without the use of premises that provide access to residential premises, or there is no technical ability to provide such access to this premises (i.e. it is necessary to provide a different entrance to the premises being transferred than the one used for other residential premises);

▪ the premises being transferred are part of a residential premises (it is not possible to transfer a room in a residential apartment to a non-residential premises);

▪ the premises being transferred are used by its owner or another citizen as a place of permanent residence;

▪ the ownership of the transferred premises is encumbered by the rights of any persons;

▪ the apartment being transferred is not located on the first floor of an apartment building and there is a living space on the floor below.

The transfer of residential premises to non-residential premises is carried out by the local government according to the following documents submitted by the owner (or his authorized person) of this premises (applicant):

▪ application for transfer of premises;

▪ title documents for the premises being transferred (originals or notarized copies);

▪ plan of the premises being transferred with its technical description (technical passport of the premises);

▪ floor plan of the house in which the premises being transferred are located;

▪ a project for the reconstruction and (or) redevelopment of the transferred premises (if this is required to ensure the use of such premises as non-residential) prepared and executed in accordance with the established procedure.

The decision to transfer or refuse to transfer is made within 45 days from the date of submission of documents and is issued to the applicant no later than 3 working days.

11. Basic requirements for residential premises

Residential premises should be located mainly in houses located in a residential area in accordance with the functional zoning of the territory.

The load-bearing and enclosing structures of the residential premises must be in working condition, in which violations in terms of deformability (and in reinforced concrete structures - in terms of crack resistance) that have arisen during operation do not lead to a violation of the operability and load-bearing capacity of structures, the reliability of a residential building and ensure the safe stay of citizens and safety of engineering equipment. They should not have destruction and damage, leading to their deformation or cracking, reducing their bearing capacity and worsening the performance properties of structures or a residential building as a whole.

The dwelling must be arranged and equipped in such a way as to prevent the risk of injury to residents when moving inside and around the dwelling, when entering and leaving it, when using engineering equipment. The slope and width of flights of stairs and ramps, the height of the steps, the width of the treads, the width of the landings, the height of the passages on the stairs, the basement, the attic, the size of the doorways should ensure the convenience and safety of movement and placement.

The dwelling must be provided with engineering systems (electric lighting, domestic and drinking and hot water supply, drainage, heating and ventilation, and in gasified areas also gas supply). In settlements without centralized engineering networks in one- and two-story buildings, the absence of running water and sewered latrines is allowed. Engineering systems, equipment and mechanisms must comply with the requirements of sanitary and epidemiological safety. The device of the ventilation system of residential premises should exclude the flow of air from one apartment to another. It is not allowed to combine the ventilation ducts of kitchens and sanitary facilities (auxiliary premises) with living rooms. Engineering systems must be placed and installed in accordance with the safety requirements and instructions of the equipment manufacturers, as well as with hygienic standards, including in relation to the permissible level of noise and vibration that they create.

The external enclosing structures of the residential premises must have thermal insulation, which ensures that during the cold season the relative humidity in the inter-apartment corridor and living rooms does not exceed 60 percent, the temperature of the heated premises is not less than +18 ° C.

Residential premises must be protected from the penetration of rain, melt and ground water and possible household water leaks from engineering systems using structural means and technical devices.

Access to a dwelling located in an apartment building above the 5th floor, with the exception of the attic floor, must be carried out using an elevator.

The floor level of the dwelling located on the first floor must be higher than the planning level of the ground. Accommodation in the basement and basement floors is not allowed. Placement above the rooms of the restroom, bathroom (shower) and kitchen is not allowed. Placing a restroom, bathroom (shower) in the upper level above the kitchen is allowed in apartments located on 2 levels.

Rooms and kitchens in a living space should have direct natural light. Inter-apartment walls and partitions must have an airborne sound insulation index of at least 50 dB. The concentration of harmful substances in the air of a dwelling should not exceed the maximum permissible concentrations for atmospheric air in populated areas.

12. Rules for the maintenance of apartments

Premises must be kept clean at temperature, air humidity and air exchange rate in accordance with established requirements. Elimination of condensate on water and sewer pipes in sanitary facilities and kitchens should be achieved by frequent ventilation of the premises with fully open ventilation openings. In case of insufficiency of these measures, pipelines are recommended to be insulated and waterproofed. To enhance the air exchange in the premises, local supply devices should be used (ventilation ducts in the adjustment of furnaces, window vents, channels in the wall, etc.). Tenants are advised to install fans in the exhaust vents.

To ensure the normal temperature and humidity conditions of the outer walls, it is not recommended: to install bulky furniture close to them, especially in the outer corners; hang carpets and paintings on the outer walls in the first two years of operation.

It is not allowed to use gas and electric stoves for space heating.

The maintenance of staircases should provide:

• good condition of building structures, heating devices and pipelines located on staircases;

▪ required sanitary condition of staircases;

▪ standard temperature and humidity conditions in staircases.

Windows and doors of stairwells must have tight-fitting porches with the installation of sealing gaskets. Staircases must be regularly ventilated. The frequency of repair of entrances should be observed once every five or three years, depending on the classification of buildings and physical deterioration.

On the facades of residential buildings of houses, in accordance with the project approved by the city (district) architectural service, signs of the name of the street, lane, square, etc. ). The installation of commemorative plaques on the facades of buildings, explaining the names of individual city passages, squares, streets, is allowed by decision of local self-government bodies.

Not allowed:

▪ cluttering balconies with household items (furniture, containers, firewood and others);

▪ hanging linen, clothes, carpets and other items on vacant plots of land facing a city thoroughfare;

▪ washing cars in the local area;

▪ independent construction of small courtyard buildings (garages, fences), refurbishment of balconies and loggias;

▪ painting window frames on the outside with paint (using the color of plastic windows) that differs in color from that established for the given building;

▪ cluttering the yard area with scrap metal, construction and household waste, slag, ash and other waste;

▪ pouring slop into yards, throwing out food and other waste, garbage and manure, as well as burying or burning it in yards;

▪ installation of air conditioners and satellite dishes without appropriate permission.

The territory of each household, as a rule, should have:

▪ a utility area for drying clothes, cleaning clothes, carpets and household items;

▪ a recreation area for adults;

▪ children's playgrounds and sports grounds with landscaping and the necessary equipment of small architectural forms for children's summer and winter recreation.

On the utility site there should be poles with a device for drying clothes, rods for drying clothes, hangers, a box of sand, a trash can and a table with benches. The site should be surrounded by a hedge.

13. Grounds for declaring a dwelling unsuitable for habitation

The basis for recognizing a dwelling as uninhabitable1 is the presence of identified harmful factors in the human environment that do not allow ensuring the safety of life and health of citizens due to:

▪ deterioration due to physical wear and tear during operation of the building as a whole or its individual parts of operational characteristics, leading to a decrease in the reliability of the building, the strength and stability of building structures and foundations to an unacceptable level;

▪ changes in the environment and microclimate parameters of a residential premises, which do not allow compliance with the necessary sanitary and epidemiological requirements and hygienic standards in terms of the content of chemical and biological substances potentially hazardous to humans, atmospheric air quality, background radiation levels and physical factors of the presence of sources of noise, vibration, electromagnetic fields.

▪ Residential premises are recognized as unsuitable, and the corresponding apartment buildings are subject to demolition also if they are located:

▪ in prefabricated, brick, stone, wooden houses and houses made from local materials, with deformations of foundations, walls, load-bearing structures and a significant degree of biological damage to elements of wooden structures, which indicate the exhaustion of load-bearing capacity and the risk of collapse;

▪ in residential buildings located in industrial zones, areas of engineering and transport infrastructure and in sanitary protection zones, if it is impossible to minimize risk criteria to an acceptable level by engineering and design solutions;

▪ in dangerous zones of landslides, mudflows, snow avalanches, as well as in territories that are annually inundated with flood waters and in which it is impossible to prevent flooding of the territory using engineering and design solutions;

▪ in areas adjacent to overhead AC power lines and other objects that create, at a height of 1,8 m from the earth’s surface, an electric field strength of an industrial frequency of 50 Hz of more than 1 kV/m and a magnetic field induction of an industrial frequency of 50 Hz of more than 50 μT;

▪ in apartment buildings damaged as a result of explosions, accidents, fires, earthquakes, uneven soil subsidence, as well as as a result of other complex geological phenomena, provided that restoration work is technically impossible or economically infeasible and the technical condition of these houses and building structures characterized by a decrease in load-bearing capacity and operational characteristics, in which there is a danger for the occupancy of people and the safety of engineering equipment;

▪ adjacent to or under a garbage disposal flushing and cleaning device.

Rooms with windows overlooking highways, with a noise level above the maximum permissible norm (during the daytime 55 dB, at night - 45 dB), should be considered unsuitable for living if it is impossible to reduce the noise level to an acceptable value using engineering and design solutions. .

It cannot serve as a basis for declaring a dwelling unsuitable for habitation:

▪ lack of a centralized sewerage system and hot water supply in one- and two-story residential buildings;

▪ the absence of an elevator and garbage chute in a residential building over 5 floors, if this residential building, due to physical wear and tear, is in a limited working condition and is not subject to major repairs and reconstruction.

14. Collective housing stock

A set of residential premises, each of which is owned by two or more persons, is a collective housing stock. This category of housing legal relations is regulated by Ch. 16 of the Civil Code of the Russian Federation. A dwelling may become the subject of common (collective) ownership, provided that it cannot be divided by virtue of law or contract. Common ownership of a dwelling may be:

▪ shared - when determining the share of each owner in the common property;

▪ joint - without defining such shares.

Shared ownership is the most common, the determination of shares by the owner occurs by their agreement or by a court decision. If the determination of shares is not possible due to objective reasons, then it is considered that all owners of common property (residential premises) have equal shares. A feature of the shared ownership of a dwelling is that the disposal, possession and use of it is carried out jointly by all owners by their agreement. Any of the co-owners has the right to dispose of their share in the common residential premises at their own discretion (sell, donate, lease, bequeath, pledge). At the same time, the provisions of Art. 250 of the Civil Code of the Russian Federation on the preemptive right to purchase.

The pre-emptive right to purchase is the priority of the co-owners when concluding a transaction for the sale and purchase of another co-owner's share in their common property. The seller must notify in writing the other participants in the shared ownership of the intention to sell his share, indicating the price and terms of sale. The pre-emptive right to purchase a share in the common ownership of a dwelling shall terminate upon the expiration of a month and the refusal of the participants in the shared ownership to purchase during this time. Failure to agree to acquire the share being sold on the terms offered by the seller is regarded as a refusal to purchase. The pre-emptive right to purchase a share is not allowed. If the sale of a share in shared ownership occurred in violation of the pre-emptive right to sell the share, then the interested participant in the shares of ownership has the right to declare his desire to become its buyer within 3 months to the court with an application to transfer the rights and obligations of the buyer to him.

Often, participants in the shared ownership of a dwelling, for example, an apartment, make inseparable improvements to the common property (repair, reorganization) at their own expense. In such a case, according to Art. 245 of the Civil Code of the Russian Federation, the specified participant in shared ownership has the right to claim an increase in his share in accordance with the improvements made by him. If the improvements are separable (purchase of household appliances, furniture), then they are recognized as the property of the participant who made them.

Income from the use of property that is in shared ownership (cash from renting residential premises for commercial rent) shall be included in the common property and distributed among the participants in shared ownership in proportion to their shares, unless otherwise provided by an agreement between them. Each participant in shared ownership is obliged, in proportion to his share, to participate in the payment of taxes, fees and other payments on common property, as well as in the costs of its maintenance and preservation.

The share in the right of common ownership passes to the acquirer under the contract from the moment of state registration of the concluded contract.

The division of property in shared ownership between its participants may be carried out:

▪ by agreement between them;

▪ if a participant in shared ownership demands the separation of his share from the common property.

If it is not possible to allocate a share in kind, the severing owner has the right to payment to him of the value of his share by other participants in shared ownership.

15. The procedure for the conversion of residential premises

The rules and conditions for the re-equipment (i.e., re-arrangement and / or redevelopment) of a dwelling are determined by Ch. 4 of the Housing Code of the Russian Federation, Decree of the Gosstroy of the Russian Federation of September 27, 2003 No. 170 "On approval of the Rules and norms for the technical operation of the housing stock."

Reconstruction of a dwelling is the installation, replacement or transfer of engineering networks, sanitary, electrical or other equipment, requiring changes to the technical passport of the dwelling.

The redevelopment of a dwelling is a change in its configuration, requiring an amendment to the technical passport of the dwelling.

Re-equipment of residential premises is lawful only on the grounds specified by law - a document of the local government authorizing such re-equipment. In order to obtain the approval of the said body, the owner of the residential premises planned for reorganization or redevelopment must submit to the local government a limited list of documents (6 items), specified in paragraph 2 of Art. 26 LCD RF:

1) an application for reorganization and (or) redevelopment in the form approved by the Government of the Russian Federation;

2) title documents for the converted residential premises (originals or notarized copies);

3) a project for the reorganization and (or) redevelopment of the residential premises in question prepared and executed in the prescribed manner;

4) technical passport of the dwelling;

5) consent in writing of all members of the tenant's family (including those temporarily absent) occupying the rebuilt and (or) replanned living quarters on the basis of a social tenancy agreement (in the event that the applicant is the tenant authorized by the landlord to submit the documents provided for in this paragraph re-arranged and (or) re-planned residential premises under a social tenancy agreement);

6) the conclusion of the body for the protection of monuments of architecture, history and culture on the admissibility of reorganization and (or) redevelopment of residential premises, if such residential premises or the house in which it is located is a monument of architecture, history or culture.

In this situation, the owner of the dwelling may be replaced by a person authorized by him. Documents are submitted at the location of the residential premises planned for re-equipment, the applicant at the time of their submission is issued a receipt on their list and the date of acceptance.

The decision to approve or refuse to approve must be made based on the results of consideration of the submitted documents by the body that carries out the approval, no later than 45 days from the date of their submission. Not later than 3 working days from the date of the decision on approval, a document is issued or sent to the address of the applicant confirming the adoption of such a decision in the form and content established by the Government of the Russian Federation.

Refusal to agree on the reorganization and (or) redevelopment of residential premises is allowed in cases provided for by law:

▪ failure to submit required documents;

▪ submission of documents to the wrong authority;

▪ non-compliance of the project for reconstruction and (or) redevelopment of residential premises with legal requirements.

The decision to refuse to agree on the reorganization and (or) redevelopment of the residential premises must contain the grounds for refusal with a mandatory reference to the violations committed and may be appealed in court.

The completion of the re-equipment of the residential premises is confirmed by the act of the acceptance committee, which is sent by the body that carries out the approval to the organization for recording real estate objects.

16. Consequences of unauthorized conversion of residential premises

Not allowed:

▪ refurbishment and redevelopment of residential buildings and apartments (rooms), leading to a violation of the strength or destruction of the load-bearing structures of the building, disruption of the operation of engineering systems and (or) equipment installed on it, deterioration of the safety and appearance of facades, violation of fire safety devices;

▪ redevelopment of apartments (rooms), worsening the operating and living conditions of all or individual citizens of the house or apartment.

Re-equipment of residential premises may include: installation of household electric stoves instead of gas stoves or kitchen hearths, transfer of heating plumbing and gas appliances, re-installation and re-equipment of existing toilets, bathrooms, laying new or replacing existing inlet and outlet pipelines, electrical networks and devices for installation of shower cabins, jacuzzis, high-powered washing machines and other new generation plumbing and household appliances.

The redevelopment of residential premises may include: moving and dismantling partitions, moving and arranging doorways, disaggregating or enlarging multi-room apartments, arranging additional kitchens and bathrooms, expanding living space through auxiliary premises, eliminating dark kitchens and entrances to kitchens through apartments or living quarters, arrangement or re-equipment of existing vestibules.

The tenant, who allowed the unauthorized reorganization of residential and utility premises, the re-equipment of balconies and loggias, the rearrangement or installation of additional sanitary and other equipment, is obliged to restore this premises to its previous state.

Unauthorized are the reconstruction and (or) redevelopment of the living quarters, carried out in the absence of the grounds provided for by the Housing Code of the Russian Federation (i.e., the document issued by the body conducting the approval), or in violation of the reconstruction and (or) redevelopment project submitted to this body.

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.

On the basis of a court decision, the living quarters may be kept in a refurbished state, if this does not violate the rights and legitimate interests of citizens or if this does not pose a threat to their life or health.

If the relevant living quarters are not brought back to their previous state within the time and in the manner established by the body that carries out the coordination, the court, on the claim of this body, provided that the living quarters are not brought back to their previous state, decides:

▪ in relation to the owner of the sale of such residential premises at public auction with the payment to the owner of the proceeds from the sale of such residential premises minus the costs of executing a court decision with the imposition on the new owner of such residential premises of the obligation to bring it to its previous condition;

▪ in relation to the tenant of a residential premises under a social tenancy agreement, to terminate this agreement with the imposition on the owner of such residential premises, who was the lessor under the said agreement, of the obligation to bring such residential premises to their previous condition.

The body that carries out the coordination, for the new owner of the residential premises, which has not been restored to its previous state, or for the owner of such residential premises, who was the landlord under the terminated contract, sets a new term. If the situation does not change, such a dwelling is subject to sale at public auction.

17. Rights and obligations of the owner of the dwelling

The owner of the residential premises exercises 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, which are established by housing legislation (Article 30 of the Housing Code of the Russian Federation).

The owner of a dwelling has the right to provide for possession and (or) use of a dwelling owned by him by right of ownership to a citizen on the basis of a lease agreement, a contract for gratuitous use or on another legal basis, as well as to a legal entity on the basis of a lease agreement or on another legal basis, taking into account requirements established by civil and housing legislation.

The owner of a dwelling shall bear the burden of maintaining the given premises and, if the given premises is an apartment, of the common property of the owners of the premises in the corresponding apartment building, and the owner of a room in a communal apartment shall also bear the burden of maintaining the common property of the owners of the rooms in such an apartment, unless otherwise provided by federal law or contract.

The owner of the residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, to observe the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building.

Article 31 of the Housing Code of the Russian Federation defines the rights and obligations of citizens living together with the owner in a dwelling owned by him. The family members of the owner of a dwelling include his spouse living together with this owner in the dwelling 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. All of the listed categories have the right to use this residential premises on an equal basis with its owner, unless otherwise established by an agreement between the owner and members of his family. Family members of the owner of the dwelling are obliged to use this dwelling for its intended purpose, to ensure its safety. Capable members of the family of the owner of a dwelling shall be jointly and severally liable with the owner for the obligations arising from the use of this dwelling, unless otherwise established by an agreement between the owner and members of his family.

In the event of termination of family relations with the owner of the dwelling, the right to use this dwelling is not retained by the former family member of the owner of this dwelling, unless otherwise established by agreement between them. In a certain situation, a former member of his family may retain the right to use the premises for a certain period on the basis of a court decision. In this case, he has the rights, bears the duties and responsibilities provided by law for the members of the owner's family living together with him. By agreement between the parties, the period determined by the decision of the court may be extended. However, the right in question may terminate before the designated period upon termination of the ownership of this residential premises by its owner or if the circumstances that served as the basis for the preservation of such a right on the basis of a court decision have disappeared.

If a citizen's right to use a dwelling arose from an agreement between him and the owner of this dwelling, then the scope of the rights, duties and responsibilities of a citizen are determined based on the terms of the said agreement.

18. Residential rental

The concept of rent is identical to the concept of renting a dwelling, the difference lies in the application of the definition of rent to private housing stock. Renting a dwelling is its paid transfer to temporary possession and use or temporary use for a period determined by an agreement between the parties. Relations arising from the lease of residential premises are regulated by Ch. 34 of the Civil Code of the Russian Federation. The law provides for the conclusion of a contract for the lease of real estate, which is residential premises, in writing, if the term of the contract exceeds 12 months. Such an agreement is subject to state registration.

The residential lease agreement must contain a number of essential conditions necessary for the consideration of this agreement as concluded; the consequence of non-inclusion in the lease of these conditions is the recognition of its invalidity.

Essential terms of a residential lease agreement.

Lease object - data that allows you to definitely identify the property to be transferred to the tenant as a lease object, such as the full address, floor area.

The purpose of using the lease object - for residential premises, it is established that they can be used only for their intended purpose for the residence of citizens. The tenant's use of the premises for other purposes is sufficient grounds for terminating the lease agreement and the lessor's claim for compensation for the losses caused to him. The lease agreement must define the mechanism for sublease (over-hiring) of this dwelling. In the absence of these data in the contract, the tenant has the right, with the consent of the landlord, to sublease the leased premises.

The term of the lease agreement is determined by agreement of the parties and is included in the agreement. If the lease term is not specified in the agreement, the lease agreement is considered concluded for an indefinite period. In this case, each of the parties has the right to withdraw from the agreement at any time by notifying the other party 3 months in advance (or another period specified in the agreement).

The amount of the rent is the amount of payment for the use of the property. The rent is established for all leased property as a whole or separately for each of its component parts in the form of:

▪ payments determined in a fixed amount, made periodically or at a time;

▪ an established share of products, fruits or income received as a result of the use of leased property;

▪ provision of certain services by the tenant;

▪ transfer by the lessee to the lessor of the thing stipulated by the contract for ownership or lease;

▪ imposition on the tenant the costs stipulated by the contract for improving the leased property.

The listed types of rent can be combined, it is possible to use other types and forms. The amount of the rent may be changed by agreement of the parties within the terms stipulated by the agreement, but not more than once a year.

The law may provide for other minimum terms for reviewing the amount of rent for certain types of lease, as well as for the lease of certain types of property. The tenant has the right to demand a corresponding reduction in the rent if, due to circumstances for which he is not responsible, the conditions of use stipulated by the lease agreement, or the condition of the property has deteriorated significantly. In the event of a material violation by the lessee of the terms for paying the rent, the lessor has the right to demand from him early payment of the rent within the period established by the lessor. In this case, the landlord is not entitled to demand early payment of rent for more than 2 consecutive terms.

Rights and obligations of the parties.

19. Rights and obligations of the parties under a residential lease agreement

The lessor is obliged:

▪ provide the tenant with property in a condition consistent with the terms of the lease agreement and the purpose of the residential premises;

▪ carry out at your own expense major repairs of the leased residential premises, unless otherwise provided by law or the lease agreement within the established or reasonable time;

▪ be responsible for the shortcomings of the leased residential premises that completely or partially prevent the use of it, even if at the time of concluding the lease agreement he was not aware of these shortcomings. This does not apply to defects specified in the lease agreement or known in advance to the tenant, or those that should have been discovered by the tenant during an inspection of the residential premises when concluding an agreement or transferring the premises for rent.

The landlord has the right to demand early termination of the lease agreement by the court (only after sending the tenant a written warning about the need to fulfill his obligation within a reasonable time), when the tenant:

▪ uses the residential premises with a significant violation of the terms of the contract or with repeated violations;

▪ significantly deteriorates the premises;

▪ fails to pay rent more than 2 times in a row after the expiration of the payment period established by the contract;

▪ does not carry out major repairs of the property within the established time frame, if this is his responsibility.

The tenant is obliged:

▪ use the leased property in accordance with the terms of the lease agreement and the purpose of the property;

▪ maintain the property in good condition, carry out routine repairs at your own expense and bear the costs of maintaining the property, unless otherwise provided by law or the lease agreement;

▪ upon termination of the lease agreement, return the property to the lessor in the condition in which he received it, taking into account normal wear and tear or in the condition stipulated by the agreement.

The tenant has the right:

▪ if serious deficiencies are discovered in the residential premises:

▪ demand from the lessor either the elimination of defects free of charge, or a proportionate reduction in the rent, or reimbursement of its expenses for eliminating these defects;

▪ directly withhold the amount of expenses incurred by him to eliminate these deficiencies from the rent, having previously notified the lessor;

▪ demand early termination of the contract.

▪ if the lessor violates the obligation to carry out major repairs:

▪ carry out major repairs and recover its cost from the lessor or offset it against the rent;

▪ demand a corresponding reduction in rent;

▪ demand termination of the contract and compensation for damages.

▪ with the consent of the lessor, sublease (sublease), free use and transfer your rights and obligations under the lease agreement to another person (release).

▪ enter into a lease agreement for a new term (preemptive right of lease over third parties, other things being equal, in a situation where the tenant has notified the lessor in writing of his desire to conclude such an agreement within a reasonable time before the end of the agreement).

▪ require early termination of the contract in cases where:

▪ the landlord does not provide residential premises for use or creates obstacles to its use in accordance with the terms of the contract;

▪ the residential premises transferred to the tenant have deficiencies not specified in the contract that prevent their use;

▪ the landlord does not carry out major repairs of the residential premises within the established time frame, which is his responsibility;

▪ the residential premises, due to circumstances for which the tenant is not responsible, will be in a condition unsuitable for use.

20. Contract for the sale of residential premises

The concept of a contract for the sale of residential premises is regulated by paragraph 7 of Ch. 30 of the Civil Code of the Russian Federation "Sale of real estate". Under such an agreement, the seller undertakes to transfer an apartment, a residential building or part of them to the buyer's ownership. There are a number of requirements for a residential property purchase agreement:

▪ the agreement is concluded in writing by drawing up one document signed by the parties (failure to comply with the form of the agreement entails its invalidity; Article 550 of the Civil Code of the Russian Federation);

▪ state registration of the concluded agreement (Article 551 of the Civil Code of the Russian Federation). State registration of the transfer of ownership may be carried out in court at the request of one of the parties if the other party to the agreement deviates from such registration. In this case, the party that unreasonably evades state registration of the transfer of ownership must compensate the other party for losses caused by the delay in registration;

It is mandatory in the contract for the sale of residential premises to determine the essential terms of the contract, which are:

▪ the subject in the contract for the sale of residential premises (Article 554 of the Civil Code of the Russian Federation) must be indicated with all the characteristics that make it possible to definitely establish the residential premises to be transferred to the buyer under the contract (data defining the location of the premises on the corresponding land plot or as part of other real estate, address , square). In the absence of this data in the contract, the condition regarding the residential premises to be transferred is considered not agreed upon by the parties, and the corresponding contract is not considered concluded;

▪ the contract price (Article 555 of the Civil Code of the Russian Federation), including the price of the corresponding part of the land plot or the right to it transferred with the residential premises. The price of residential premises is set per unit of its area or other indicator of its size, indicating the total price of such premises to be paid;

▪ the procedure for transferring residential premises by the seller (Article 556 of the Civil Code of the Russian Federation) is carried out according to a transfer deed or other transfer document signed by the parties. The seller's obligation to transfer real estate to the buyer is considered fulfilled after the delivery of this property to the buyer and the signing of the relevant transfer document by the parties. Failure of one of the parties to sign such a document is considered a refusal, respectively, of the seller of the obligation to transfer the property, and of the buyer - of the obligation to accept the property;

▪ a list of persons who, in accordance with the law, retain the right to use this residential premises after its acquisition by the buyer, indicating their rights to use the residential premises being sold (Article 558 of the Civil Code of the Russian Federation).

When selling a residential building, the principle of the unity of the fate of land plots and objects firmly associated with them, enshrined in the Land Code No. 136-FZ of October 25, 2001 (as amended and supplemented), applies. Therefore, under the contract for the sale of a residential building to the buyer, simultaneously with the transfer of ownership of such real estate, the rights to that part of the land plot that is occupied by this property and necessary for its use are transferred (Article 552 of the Civil Code of the Russian Federation).

If the seller is the owner of the land plot on which the real estate being sold is located, the contract must determine the type of right to the relevant land plot transferred to the buyer - the right of ownership, the right to lease or other right. If such a right is not defined in the contract, the right of ownership to that part of the land plot that is occupied by the given premises and is necessary for its use is transferred to the buyer.

21. Seizure of residential premises for state or municipal needs

Article 32 of the Housing Code of the Russian Federation contains norms for regulating the right of ownership of a dwelling in the event of a land plot being withdrawn for state or municipal needs. Such withdrawal occurs with the obligatory purchase of this residential premises by the Russian Federation, the relevant subject of the Russian Federation or the municipality (depending on whose needs it is withdrawn), and the purchase of only part of it is possible only with the consent of the owner. The withdrawal mechanism is as follows:

▪ a state authority or local government body makes a decision on the seizure of a land plot for state or municipal needs;

▪ the same body makes a decision on the purchase of residential premises located on the land plot in question;

▪ the decision to seize residential premises 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 dwelling must be notified in writing of the decision made, indicating the date of its registration, not later than one year before the forthcoming withdrawal of the given premises. 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.

From the moment of state registration of the decision to withdraw this premises until an agreement is reached or a decision is made by the court to buy out the dwelling, the owner of the dwelling to be withdrawn may own, use and dispose of it at his own discretion and incur the necessary costs to ensure the use of the dwelling in accordance with its appointment. However, if the improvements made by the owner during this period of time significantly increase the cost of the withdrawn premises, then it is legitimate to attribute the costs of these improvements to the owner when determining the redemption price.

The terms of the agreement on the purchase of residential premises in the situation under consideration (its price, terms, etc.) are determined by the parties or the court. The agreement contains 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 of a dwelling, it includes:

▪ market value of residential premises;

▪ all losses caused to the owner of the residential premises by its withdrawal (including lost profits), including losses associated with:

▪ change of place of residence;

▪ temporary use of another residential premises until the acquisition of ownership of another residential premises (unless the agreement provides for the preservation of the right to use the seized residential premises until the acquisition of ownership of another residential premises);

▪ relocation;

▪ searching for another residential premises to acquire ownership rights to it;

▪ registration of ownership of another residential premises;

▪ early termination of its obligations to third parties.

It is possible to provide the owner (only by agreement with him) of the withdrawn dwelling with another dwelling, offsetting its value in the redemption price.

In case of failure to reach an agreement on the terms of redemption (for example, the price) of a dwelling located on a land plot subject to withdrawal, the relevant body (state authority or local self-government) has the right to file a lawsuit with the court. A lawsuit may be filed with the court within 2 years from the date of sending the owner of the dwelling a notice of the decision of the relevant body to withdraw the dwelling.

22. The right to share ownership of common property in an apartment building

The owners of premises in an apartment building own, on the basis of common shared ownership, the premises in this building that are not part of the apartments and are intended to serve more than one room in this building, including:

▪ inter-apartment landings, stairs, elevators, elevator and other shafts;

▪ corridors, technical floors, attics, basements in which there are engineering communications, other equipment serving more than one room in a given house (technical basements);

▪ roofs;

▪ enclosing load-bearing and non-load-bearing structures of this house;

▪ mechanical, electrical, plumbing and other equipment located in a given house outside or inside the premises and serving more than one room;

▪ the land plot on which this house is located, with elements of landscaping and improvement;

▪ other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot.

The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning. The land plot on which an apartment building is located may be encumbered with the right of limited use by other persons, except in cases where it is necessary to provide access for other persons to objects that existed before the date of entry into force of the Housing Code of the Russian Federation (March 1, 2005). A new encumbrance of a land plot with the right of limited use is established by agreement between the person requiring such encumbrance of a 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 such an encumbrance are resolved in court.

The owners of premises in an apartment building own, use and dispose of common property in an apartment building within the limits established by law (LC RF and Civil Code of the Russian Federation).

The owners of residential premises in apartment buildings at a general meeting may decide to change the legal status of the common property of their house, for example, to transfer objects of common property in an apartment building for use by other persons, if this does not violate the rights and legitimate interests of citizens and legal entities. Reducing the size of common property in an apartment building is possible only with the consent of all the owners of the premises in this house through its reconstruction.

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 the specified premises and follows the fate of the ownership right to it. When acquiring ownership of premises in an apartment building, a share in the right of common ownership of common property in an apartment building passes to the acquirer, and the terms of the contract that contradict this rule are void.

The owner of premises in an apartment building is not entitled to:

▪ to allocate in kind your share in the right of common ownership of common property in an apartment building;

▪ alienate your share in the right of common ownership of common property in an apartment building, as well as perform other actions entailing the transfer of this share separately from the right of ownership of the specified premises.

The owners of premises in an apartment building bear the burden of maintaining the common property in an apartment building, the share of which is determined by the share in the common ownership of common property in such a house of each owner.

23. General meeting of owners of premises in an apartment building

The general meeting of owners of premises in an apartment building is the governing body of an apartment building (Article 44 of the Housing Code of the Russian Federation). The competence of the general meeting of owners of premises in an apartment building includes:

▪ making decisions on the reconstruction of an apartment building (including its expansion or addition), construction of outbuildings and other buildings, structures, structures, repair of common property in an apartment building;

▪ making decisions on the limits of use of the land plot on which the apartment building is located, including introducing restrictions on its use;

▪ making decisions on the transfer of common property in an apartment building for use;

▪ choosing a method of managing an apartment building;

▪ other issues referred to by the Housing Code of the Russian Federation within the competence of the general meeting of owners of premises in an apartment building.

All meetings of owners of premises in an apartment building are divided into mandatory annual and extraordinary meetings. The terms and procedure for holding the annual general meeting of owners of premises in an apartment building, as well as the procedure for notification of decisions taken by it, are established by the general meeting of owners of premises in an apartment building. An extraordinary general meeting of owners may be convened at the initiative of any of the owners of premises in an apartment building.

The general meeting of owners of premises in an apartment building is competent (has a quorum) if it was attended by the owners of premises in this building or their representatives with more than 50 percent of the votes of the total number of votes. In the absence of a quorum for holding an annual general meeting of owners of premises in an apartment building, a repeated general meeting of owners of premises in an apartment building must be held.

The owner, on whose initiative the general meeting is convened, is obliged to inform the owners of the premises in this house about the holding of such a meeting no later than 10 days before the date of its holding. Within the specified period, a notice of holding a general meeting of owners of premises in an apartment building must be sent to each owner of premises in this building in one of the following ways (unless a decision of the general meeting of owners of premises in this building provides for a different method):

▪ by registered mail;

▪ given to each owner of the premises in this house against signature;

▪ placed in the premises of this house, accessible to all owners of premises in this house (if such a place is determined by the decision of the general meeting of owners of premises in this house).

The notice of holding a general meeting of owners of premises in an apartment building must indicate:

▪ information about the person on whose initiative this meeting is convened;

▪ form of holding this meeting (meeting or absentee voting);

▪ date, place, time of the meeting or, if it is held in the form of absentee voting, the closing date for accepting decisions of owners on issues put to vote, and the place or address where such decisions should be transmitted;

▪ agenda for this meeting;

▪ the procedure for familiarizing yourself with the information and (or) materials that will be presented at this meeting, and the place or address where they can be viewed.

The right to vote at the general meeting of owners is held by the owners of premises in an apartment building or their representatives (whose powers are confirmed by law or a power of attorney). The number of votes that each owner of a premise in an apartment building has at a general meeting of owners is proportional to his share in the right of common ownership of the common property in this building.

24. Decision of the general meeting of owners of premises in an apartment building

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 an apartment building participating in this meeting. The exceptions are questions when the decision is made by a majority of at least two-thirds of the total number of votes:

▪ on the reconstruction of an apartment building, construction of outbuildings and other buildings, structures, structures, repair of common property in an apartment building;

▪ about the limits of use of the land plot on which the apartment building is located;

▪ on the transfer for use of common property in an apartment building;

It is illegal for a general meeting of owners of premises in an apartment building to make a decision on issues not included in the agenda of this meeting, as well as to change the agenda of this meeting.

A duly adopted decision of the general meeting of owners of premises in an apartment building goes through the following procedure:

▪ drawn up by minutes in the manner established by the general meeting of owners of premises in a given building;

▪ are brought to the attention of the owners of premises in this building by the owner, on whose initiative such a meeting was convened, by posting a corresponding message in a place accessible to all owners of premises in this building, no later than 10 days from the date of adoption of this decision;

▪ is mandatory for all owners of premises in an apartment building, including those owners who did not participate in the vote.

A decision made by a general meeting of owners of premises in an apartment building in violation of the requirements of the Housing Code of the Russian Federation may be appealed by the owner of premises in this building, subject to a number of conditions:

▪ he did not take part in this meeting or voted against such a decision;

▪ if such a decision violates his rights and legitimate interests.

An application for such an appeal may be filed with the court within 6 months from the date when the 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 contested decision if:

▪ the vote of the said owner could not influence the voting results;

▪ the violations committed are not significant;

▪ the decision made did not cause losses to the specified owner.

In an apartment building, all premises in which belong to one owner, decisions on issues related to the competence of the general meeting of owners of premises in an apartment building are taken by this owner alone and are drawn up in writing.

The 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 building to discuss agenda items and make decisions on issues put to a vote) by holding an absentee vote. Absentee voting is the transfer to a certain place or address in writing of the decisions of the owners on the issues put to the vote. In order for the owner to take part in absentee voting, it is enough that his decisions are received before the deadline for admission.

The owner's decision must include:

▪ information about the person participating in the vote;

▪ information about the document confirming the ownership of the person participating in the vote to the premises in the corresponding apartment building;

▪ decisions on each item on the agenda, expressed in terms of “for”, “against” or “abstained”.

25. The right of a citizen to provide him with housing under a social tenancy agreement

Residential premises under social tenancy agreements are provided to citizens who are registered as in need of residential premises. The decision to provide housing under a social tenancy agreement is the basis for the conclusion of the relevant social tenancy agreement within the time period established by this decision (as opposed to previously applied warrants for residential premises).

Citizens registered as in need of residential premises can be provided with such premises from three types of housing stock: the Russian Federation; subject of the Russian Federation; municipal.

Under a social tenancy agreement, residential premises must be 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, taking into account other residential premises owned by these citizens.

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 5 years.

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.

Residential premises under social tenancy agreements may not be provided to foreign citizens, stateless persons, unless otherwise provided by an international treaty of the Russian Federation. A special procedure for the provision of residential premises under social tenancy agreements is defined by law for low-income citizens. Citizens are recognized as poor by the local self-government body 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.

Order of the Ministry of Regional Development of the Russian Federation dated February 25, 2005 No. 17 "On Approval of Methodological Recommendations for State Authorities of the Subjects of the Russian Federation and Local Self-Government Bodies on Establishing the Procedure for Recognizing Citizens as Poor in order to Register and Provide Poor Citizens Recognized as Needing Housing , residential premises of the municipal housing stock under social rental agreements "contains an approximate methodology for determining the amount of income and the value of property in order to recognize citizens as poor and provide them with housing under social rental agreements.

Recognition of a citizen as a poor person occurs in several stages:

▪ determination of citizens whose income and property value should be assessed when classifying citizens as low-income;

▪ determining the reliability and verification of information provided by citizens to be recognized as poor for the purpose of registration;

▪ determination of citizens’ incomes;

▪ assessment of property owned by the applicant citizen and members of his family and subject to taxation;

▪ establishing the amount of income per family member;

▪ reassessment of the income and value of citizens’ property in order to re-confirm the right to provide them with residential premises.

26. Norm of living space. Right to additional living space

The norm for the provision of residential space under a social tenancy agreement (provision rate) is the minimum size of the area of the residential premises, on the basis of which the size of the total area of the residential premises provided under the 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.

The accounting norm for the area of a dwelling (accounting norm) is the minimum size of the area of a dwelling, on the basis of which the level of provision of citizens with a total area of a dwelling is determined in order to be registered as those in need of dwellings. The size of such norm cannot exceed the size of the provision norm. This standard is used solely for the purpose of registering citizens as those in need of residential premises.

Municipal authorities have been given broad powers in the field of determining the size of the submission norm and the accounting norm, which implies responsibility for the decisions made by the lower levels of the "management vertical". Some analysts, for example, M.Yu. Tikhomirov, are inclined to believe that not fixing the size of the representation norm per person at the federal level (as it was originally planned, in the amount of at least 15 sq.m. of the total living area) does not contribute to improving the living conditions of a number of regions of Russia.

The Housing Code of the Russian Federation does not directly provide for the right to additional living space (while Article 39 of the 1983 Housing Code established that certain categories of citizens are provided with additional living space in the form of a room or in the amount of 10 sq. m.). More details in the "Comments to the Housing Code of the Russian Federation" ed. M.Yu. Tikhomirova (Moscow: Tikhomirova M.Yu., 2005).

For certain categories of citizens recognized as needing residential premises, other standards for the provision may be established (clause 3, article 50 of the LC RF). An example is the Federal Law of November 24, 1995 No. 181-FZ "On the Social Protection of Disabled Persons in the Russian Federation" (as amended and supplemented), in accordance with which Decree of the Government of the Russian Federation of December 21, 2004 No. 817 "On the approval of the list of diseases that give disabled people suffering from them the right to additional living space" such a list was approved.

The right to additional living space (not less than 15 square meters and not more than 25 square meters) is also enjoyed by the categories of military personnel defined by law (Federal Law of May 27, 1998 No. 76-ФЗ “On the Status of Military Personnel” (as amended. and add.):

▪ officers with the military rank of colonel, equal or higher;

▪ commanders of military units;

▪ military personnel - citizens holding honorary titles of the Russian Federation;

▪ military personnel - citizens teachers of military educational institutions of vocational education, military departments at state educational institutions of higher professional education;

▪ military personnel - citizen scientific workers with academic degrees or academic titles.

Decree of the President of the Russian Federation of April 28, 1997 No. 425 "On the reform of housing and communal services in the Russian Federation" (with the latest amendments and additions) involves the definition of another standard - the federal standard for the social norm of housing area: 18 square meters. meters of total housing area per family member consisting of three or more people; 42 sq. meters for a family of two; 33 sq. meters per lonely living citizens.

27. The sequence of providing housing under social rental agreements

According to Art. 57 of the Housing Code of the Russian Federation, 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 some exceptions.

Out of turn, residential premises under social tenancy agreements are provided (clause 2, article 57 of the LC RF):

▪ citizens whose residential premises are recognized as unfit for habitation and cannot be repaired or reconstructed;

▪ 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 in social service institutions, in foster families, family-type orphanages, upon termination of guardianship (trusteeship), as well as upon completion of service in the Armed Forces of the Russian Federation or upon return from institutions executing a sentence of imprisonment;

▪ citizens suffering from severe forms of chronic diseases, the list of which is determined by law (Order of the USSR Ministry of Health of March 28, 1983 No. 330).

The Housing Code of the Russian Federation canceled the previously existing principles of priority provision of housing under a social rental agreement, thereby worsening the position of the categories of the population that used this benefit. The list of the main categories of persons in need of better housing conditions and entitled to priority provision of housing is currently practically not valid, with the exception of a note in the Federal Law of January 12, 1995 No. amended and added), stating that persons who, in accordance with the law, had the right to priority provision of housing under a social tenancy agreement and registered before March 5, 1, the procedure for providing such residential premises is established by the legislation of the constituent entities of the Russian Federation. After March 2005, 1, the formation of such lists is terminated due to the lack of appropriate wording in the legislation. However, this rule applies only to veterans and does not apply to other categories of the specified list.

According to the current legislation, the priority provision of housing under a social tenancy agreement was entitled to:

▪ disabled WWII and families of dead or missing soldiers (partisans);

▪ disabled people of the Second World War and disabled people from combat operations on the territory of other states;

▪ labor disabled people of groups I and II and labor disabled people of groups I and II from among the military;

▪ persons who were part of the active army during the Civil and Great Patriotic Wars and during other military operations to defend the USSR, partisans of the Civil and Great Patriotic Wars, as well as other persons who took part in military operations to defend the USSR;

▪ WWII participants;

▪ participants in hostilities on the territory of other states;

▪ Heroes of the Soviet Union, Heroes of Socialist Labor, as well as persons awarded the Order of Glory, Labor Glory, “For Service to the Motherland in the Armed Forces of the USSR” of all three degrees; Heroes of the USSR, Heroes of the Russian Federation, full holders of the Order of Glory;

▪ families containing persons suffering from severe forms of certain chronic diseases defined by law;

▪ family members of killed (deceased) or missing disabled war veterans, participants in the Great Patriotic War and veterans of military operations in the territories of other states;

▪ families at the birth of twins;

▪ other categories.

The given list of categories of citizens who had the right to priority housing under a social tenancy agreement is currently of interest only as a historical reference.

28. Grounds for recognizing citizens in need of housing. Registration

Citizens who are recognized as needing residential premises have the right to be registered as those in need of residential premises. If a citizen has the right to be registered on the specified account on several grounds (as a poor citizen and as belonging to a certain category), at his choice, such a citizen may be registered on one of these grounds or on all grounds.

According to the Federal Law of December 29, 2004 No. 189-FZ "On the Enactment of the Housing Code of the Russian Federation" (as amended and supplemented), citizens registered in accordance with the law, living in official residential premises and residential premises in dormitories provided to them before March 1, 2005, cannot be evicted without provision of other residential premises, if their eviction was not allowed earlier on the basis of the law.

A prerequisite for registering citizens in need of better housing conditions and providing them with housing is permanent residence in this settlement.

The registration of citizens as those in need of residential premises is carried out by the local government body on the basis of applications and documents confirming the right of the relevant citizens to be registered in this way, submitted to the indicated body at the place of residence. The registration of incompetent citizens is carried out on the basis of applications for registration filed by their legal representatives.

The decision on registration or refusal must be made no later than 30 working days from the date of submission of documents to the relevant authority, no later than 3 days after that, a document confirming this decision is issued.

Citizens who, with the intention of acquiring the right to be registered as in need of residential premises, have committed actions as a result of which they can be recognized as such, are registered as in need of residential premises not earlier than 5 years from the date of the commission of these intentional actions.

The grounds for recognizing citizens in need of residential premises provided under social tenancy agreements are defined by Art. 51 LCD RF. Citizens in need of residential premises provided under social rental agreements are recognized:

▪ not being 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 members of the family of the owner of residential premises;

▪ who are 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 and provided with a total area of residential premises for 1 family member less than the accounting norm;

▪ living in premises that do not meet the requirements established for residential premises;

▪ 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 a chronic disease , in which living together with him in the same apartment is impossible, and who do not have other residential premises occupied under a social tenancy agreement or owned by right of ownership. The list of relevant diseases is established by the Government of the Russian Federation.

29. Refusal to register and deregister as those in need of residential premises

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 the grounds for deregistration provided by law are identified.

Refusal to accept citizens for registration as those in need of residential premises is allowed if (Article 54 of the LC RF):

▪ the documents required in this case have not been submitted;

▪ documents have been submitted that do not confirm the right of the relevant citizens to be registered as those in need of residential premises;

▪ the period established by law for the deliberate deterioration of their living quarters by citizens in order to recognize them as in need of residential premises has not expired (Article 53 of the Housing Code of the Russian Federation). This period is 5 years.

The decision to refuse registration must contain the grounds for such refusal with a mandatory reference to the violations that led to the refusal. The decision is issued or sent to the citizen who submitted the relevant application for registration no later than 3 working days from the date of its adoption and may be appealed in court.

Citizens are deregistered as needing housing in the following cases:

▪ submitting an application for deregistration at the place of registration;

▪ their loss of grounds giving them the right to receive residential premises under a social tenancy agreement;

▪ their departure to their 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;

▪ they receive, in accordance with the established procedure, budget funds from a state authority or local government authority for the purchase or construction of residential premises;

▪ providing them with a plot of land from a state authority or local government body for the construction of a residential building;

▪ identification in the documents submitted by them to the body that carries out registration, information that does not correspond to reality and served as the basis for registration, as well as unlawful actions of officials of the body that carries out registration when deciding on the issue of registration.

The procedure for making a decision on deregistration of citizens as in need of residential premises is similar to the procedure for making a decision on registering a citizen as in need of residential premises.

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 must contain the grounds for deregistration with a mandatory reference to the circumstances that led to the adoption of such a decision. Decisions to deregister citizens as those in need of residential premises are issued or sent to citizens in respect of whom such decisions are made no later than 3 working days from the date such decisions are made and can be appealed by these citizens in court.

Citizens registered before March 1, 2005 for the purpose of subsequently providing them with housing under social tenancy agreements retain the right to be on this account until they receive housing under social tenancy agreements. These citizens are provided with living quarters under social tenancy agreements in a general manner, i.e., without taking into account the priority provided for by the previous legislation.

30. Social rental housing

Social hiring of housing is provided for in Ch. 8 of the LC RF and is carried out on the basis of the relevant agreement. The tenant of a dwelling in an apartment building, under a social tenancy agreement for this dwelling, also acquires the right to use the common property in this house. The temporary absence of a tenant of a dwelling under a social tenancy agreement, any of his family members living with him or all of these citizens does not entail a change in their rights and obligations under a social tenancy agreement.

The tenant, with the consent in writing of his family members, including those temporarily absent, and the landlord has the right to perform a number of legally significant actions:

▪ Move into the residential premises he occupies under a social tenancy agreement his spouse, his children and parents (in this case, the consent of the landlord is not required) or other citizens as members of his family living with him. The landlord may prohibit the move-in of citizens as family members living with the tenant if, after their move-in, 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 are not required to move in with the parents of their minor children.

▪ Allow free residence in the residential premises they occupy under a social tenancy agreement for other citizens as temporary residents - temporary residents. The landlord has the right to prohibit the residence of temporary residents if, after their occupancy, the total area of the corresponding residential premises for each resident is less than the accounting norm for an individual apartment, and less than the provision norm for a communal apartment. The period of residence of temporary residents cannot exceed 6 months in a row. Temporary residents do not have the independent right to use the relevant residential premises. The tenant is responsible for their actions to the landlord.

▪ Apply to the landlord with a request to provide him with a smaller residential premises to replace the occupied residential premises, if the total area of the occupied premises per family member exceeds the provision norm. The landlord, on the basis of a corresponding application from the tenant of the residential premises, is obliged to provide him (by agreement with him) with another residential premises within 3 months from the date of filing the application.

▪ Exchange the residential premises they occupy for residential premises provided under a social tenancy agreement to another tenant. Family members of the tenant of residential premises under a social tenancy agreement have the right to demand such an exchange from him (including for residential premises located in different houses or apartments). If an agreement is not reached between the employer and his family members on this issue, it is subject to a decision in court. The exchange of residential premises in which minors, incapacitated or partially capable citizens who are family members of the tenants of these residential premises live, is permitted with the prior consent of the guardianship and trusteeship authorities. The guardianship and trusteeship authorities refuse to give such consent if the exchange of residential premises violates the rights or legitimate interests of these persons. The decision of the guardianship and trusteeship authorities to give consent to the exchange of living quarters or to refuse to give such consent is made in writing and provided to applicants within 14 working days from the date they submit the relevant applications.

31. The concept of a tenancy agreement

Under a social tenancy agreement for housing, one party - the owner of the state or municipal housing stock (landlord) undertakes to transfer to the other party - a citizen (tenant) the housing for possession and use for living in it on the conditions established by housing legislation (Article 60 ZhK RF). An authorized state body or an authorized body of local self-government or a person authorized by it may act as the owner under the agreement.

The contract for the social rental of residential premises is concluded in writing without establishing its validity period on the basis of a decision on the provision of residential premises of the housing fund for social use.

Rights and obligations of the parties.

The landlord has the right to demand timely payment of the payment for the dwelling and utilities.

The landlord is obliged:

▪ transfer to the tenant residential premises free from the rights of other persons;

▪ take part in the proper maintenance and repair of common property in the apartment building in which the rented residential premises are located;

▪ carry out major repairs of residential premises;

▪ ensure that the tenant is provided with the necessary utilities of adequate quality.

The tenant has the right in the prescribed manner:

▪ introduce other persons into the occupied residential premises;

▪ sublease residential premises;

▪ allow temporary residents to live in residential premises;

▪ exchange or replace the occupied residential premises;

• demand from the landlord timely major repairs of the residential premises, proper participation in the maintenance of common property in the apartment building, as well as the provision of utilities.

The tenant is obliged:

▪ use the residential premises for their intended purpose and within the limits established by housing legislation;

▪ ensure the safety of residential premises;

▪ maintain the proper condition of the living space;

▪ carry out routine repairs of residential premises;

▪ pay rent and utilities on time;

▪ inform the landlord, within the time period established by the contract, about changes in the grounds and conditions giving the right to use residential premises under a social tenancy agreement.

Additionally, each of the parties to the contract may have other rights and obligations, in accordance with the law and the relevant contract of employment.

The landlord is responsible for non-fulfillment or improper fulfillment of 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. In this case, the employer, at his choice, has the right to demand:

▪ reducing fees for the use of occupied residential premises and common property in an apartment building;

▪ reimbursement of their expenses for eliminating deficiencies in residential premises and (or) common property in an apartment building;

▪ compensation for losses caused by improper performance or failure to fulfill the specified obligations of the lessor.

Termination of a contract of social tenancy of a dwelling at the request of the landlord in a judicial proceeding is identical to eviction from this dwelling, and can also be made by agreement of the parties at any time. Termination of the contract occurs in the event of:

▪ the departure of the employer and his family members to another place of residence;

▪ loss (destruction) of residential premises;

▪ death of a single tenant.

32. Sublease of residential premises

The sublease of residential premises provided under a social tenancy agreement is one of the types of rights of the tenant under such an agreement (Article 76 of the LC RF). Restricts this right (Article 76 of the LC RF):

▪ lack of written consent of the landlord and his family members living with the tenant; as well as all tenants and members of their families living with them, all owners and members of their families living with them when subletting residential premises located in a communal apartment;

▪ reduction in the total area of the relevant residential premises per resident as a result of subletting to a value less than the accounting norm, and in a communal apartment - less than the provision norm;

▪ one of the severe forms of chronic diseases of one of the parties to the sublease of this residential premises.

The contract for the sublease of residential premises provided under a social tenancy agreement is concluded in writing for a period specified in the agreement. In the absence of an indication in the contract of the term of its validity, the contract is considered concluded for 1 year. A copy of the contract is transferred to the landlord of this residential premises. The contract must specify the citizens who move in together with the subtenant in the dwelling.

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 residential premises provided under a social tenancy agreement are established by agreement of the parties in the sublease agreement.

Possible reasons for the termination of the sublease agreement for housing provided under a social tenancy agreement:

▪ expiration of the period for which it was concluded;

▪ termination of a social tenancy agreement for residential premises.

The contract of sublease of residential premises provided under a social contract of employment may be terminated:

▪ by agreement of the parties;

▪ if the subtenant fails to comply with the terms of the residential sublease agreement.

If the subtenant of a residential property provided under a social tenancy agreement, or a citizen for whose actions this subtenant 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. If these violations entail the destruction of the dwelling, the tenant of the dwelling shall also have the right to set a reasonable time for this subtenant to repair the dwelling. If the subtenant or the citizen for whose actions this subtenant 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 fails to carry out the necessary repairs without good reason, the tenant has the right to terminate the residential sublease agreement in a judicial proceeding. premises and evict the subtenant and the universes together with the subtenant of the citizens.

If, upon termination or termination of the contract for sublease of residential premises, the subtenant refuses to vacate the residential premises, the subtenant is subject to eviction in court without providing another residential premises together with citizens living with him.

If the contract for the sublease of residential premises provided under a social tenancy agreement is concluded without specifying a period, the party to the contract - the initiator of the termination of the contract, is obliged to notify the other party of the termination of the sublease agreement 3 months in advance.

33. Eviction from residential premises provided under a social tenancy agreement

The eviction of citizens from residential premises provided under social rental agreements is carried out in a judicial proceeding:

▪ providing other comfortable (in relation to the conditions of the relevant locality) residential premises under social tenancy agreements, meeting established requirements and located within the boundaries of the given locality, equivalent in total area to the previously occupied residential premises;

▪ with the provision of other residential premises under social rental agreements;

▪ without providing other residential premises.

Citizens are evicted from residential premises with the provision of other comfortable residential premises under social rental agreements in cases where (Article 85 of the LC RF):

▪ the house in which the residential premises are located is subject to demolition;

▪ residential premises are subject to transfer to non-residential premises;

▪ the residential premises are declared unfit for habitation;

▪ as a result of major repairs or reconstruction of a house, if:

▪ living premises cannot be saved;

▪ the total area of this premises 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, but they have the right to move into such residential premises;

▪ the total area of residential premises will increase, as a result of which the total area of occupied residential premises per family member will significantly exceed the provision norm.

To provide other comfortable living quarters are required:

▪ state authority or local government body that made the decision on demolition - when demolishing a house;

▪ the lessor - in all other cases.

Eviction in a judicial proceeding with the provision of another dwelling under a social tenancy agreement is applied if the tenant and members of his family living together with him for more than 6 months, without good reason, do not pay for the dwelling and utilities. The size of the provided residential premises in exchange for the occupied one is determined according to the norms established for moving into a hostel.

The residential premises provided to a citizen who is evicted by court order must be indicated in the court decision on eviction.

Eviction without providing another living quarters is defined by Art. 91 of the Housing Code of the Russian Federation in cases where the employer and (or) members of his family living together with him:

▪ use the residential premises for other purposes;

▪ systematically violate the rights and legitimate interests of neighbors;

▪ they mishandle residential premises, allowing them to be destroyed;

at the same time, these violations are not eliminated at the request of the landlord.

If these violations entail the destruction of the dwelling, the landlord has the right to eliminate them by the efforts of the tenant or members of his family. If the tenant of the dwelling and (or) the members of his family living together with him, after warning the landlord, do not eliminate these violations, the guilty citizens, at the request of the landlord or other interested persons, are evicted in court without providing another dwelling. Citizens who have been deprived of parental rights may be evicted from the residential premises without provision of another dwelling, if the cohabitation of these citizens with children in respect of whom they are deprived of parental rights is recognized by the court as impossible.

Temporary tenants are subject to eviction from the dwelling in a judicial proceeding without providing another dwelling in the event of:

▪ termination of a social tenancy agreement;

▪ their refusal to vacate the residential premises after the expiration of the period of residence agreed with them.

34. Exchange of residential premises provided under social tenancy agreements

The exchange of residential premises provided under social rental 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 living quarters is carried out without limiting the number of its participants, subject to the requirement for the written consent of all family members of the tenants and the relevant landlord.

The exchange of residential premises between tenants of these premises under social tenancy agreements is not allowed if:

▪ a claim has been filed against the tenant of the exchanged residential premises for termination or amendment of the social tenancy agreement for residential premises;

▪ the right to use the exchanged residential premises is disputed in court;

▪ the residential premises being exchanged are recognized in accordance with the established procedure as unfit for habitation;

▪ a decision has been made to demolish the relevant house or renovate it for use for other purposes;

▪ a decision was made to overhaul the relevant house with reconstruction and (or) redevelopment of residential premises in this house;

▪ as a result of an exchange, a citizen suffering from one of the severe forms of chronic diseases (the list is determined by the Government of the Russian Federation) moves into a communal apartment.

An agreement on the exchange of residential premises is concluded in writing by drawing up one document signed by the respective tenants. The agreement on the exchange of residential premises (original) is submitted by the tenants who have concluded this agreement to each of the landlords with whom they have concluded agreements for the social hiring of the exchanged residential premises in order to obtain consent to the implementation of the corresponding exchange. Such consent or refusal to give it is drawn up by the landlord in writing and must be issued by him to the tenant (representative of the tenant) who applied for consent no later than 10 working days from the date of application. The refusal of the landlord to give consent to the exchange of residential premises is allowed only in the cases listed above and can be appealed in court.

As a result of the conclusion of an agreement on the exchange of residential premises and obtaining the consent of the relevant landlords, previously concluded social tenancy agreements are terminated, and social tenancy agreements are simultaneously concluded between each of the landlords who gave their consent with the resettled citizens. Termination and conclusion of these social tenancy agreements are carried out by the landlord no later than 10 working days from the date of the application of the relevant citizens and the submission of the necessary documents by them.

The exchange of residential premises provided under social tenancy agreements may be declared invalid by the court on the grounds established by civil law for declaring the transaction invalid, including if such an exchange was made in violation of the requirements provided for by the LC RF. According to Art. 167 of the Civil Code of the Russian Federation, if a transaction is declared invalid, it does not entail any legal consequences (except for those related to its invalidity), and each of the parties is obliged to return to the other party everything received by it under this transaction. With regard to the invalidation of the exchange of residential premises, the parties are subject to relocation to the residential premises previously occupied by them. If the exchange of residential premises provided under social rental agreements is declared invalid due to illegal actions of one of the parties to such an agreement, the guilty party is obliged to compensate the other party for losses incurred as a result of the exchange.

35. Specialized housing stock

Residential premises of specialized housing stock (specialized residential premises) include:

▪ office residential premises (Article 93 of the Housing Code of the Russian Federation);

▪ other premises in dormitories (Article 94 of the Housing Code of the Russian Federation);

▪ residential premises of the maneuverable fund (Article 95 of the Housing Code of the Russian Federation);

▪ residential premises in houses of the social service system (Article 96 of the Housing Code of the Russian Federation);

▪ residential premises of the fund for the temporary settlement of forced migrants and persons recognized as refugees (Article 97 of the Housing Code of the Russian Federation);

▪ living premises for social protection of certain categories of citizens (Article 98 of the Housing Code of the Russian Federation).

As specialized residential premises, residential premises of state and municipal housing funds are used after attributing such premises to a specialized housing fund 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 assignment of such a premises to a certain type of it and the exclusion of a dwelling from the specified fund are carried out on the basis of decisions of the body that manages the state or municipal housing stock.

Specialized residential premises are not subject to alienation, lease, lease, with the exception of the transfer of such premises under lease agreements provided for by the LC RF (clause 3, article 92 of the LC RF).

Service living quarters are intended for the residence of citizens in connection with:

▪ the nature of their labor relations with a government body, local government body, state unitary enterprise, state or municipal institution;

▪ service;

▪ appointment to a government position in the Russian Federation or a government position in a constituent entity of the Russian Federation;

▪ election to elective positions in state authorities or local government bodies.

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. Residential premises in dormitories are equipped with furniture and other items necessary for citizens to live.

Residential premises of the maneuverable fund are intended for temporary residence:

▪ citizens in connection with major repairs or reconstruction of a house in which there are residential premises occupied by them under social tenancy agreements;

▪ citizens who have lost their residential premises as a result of foreclosure on these residential premises, which were acquired through a bank loan for the purchase of residential premises and pledged to secure the repayment of the loan, if at the time of foreclosure such residential premises are the only ones for them;

▪ citizens whose only living quarters have become uninhabitable as a result of emergency circumstances;

▪ other citizens in cases provided for by law.

Residential premises in the houses of the system of social services for the population 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.

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 are established by federal legislation, the legislation of the constituent entities of the Russian Federation.

36. Provision of specialized living quarters

Service living quarters provided to a citizen within the social norm of housing area must be well-maintained and meet sanitary and technical standards. Obtaining office accommodation is not grounds for exclusion of an employee (serviceman) from the lists of waiting lists for improving housing conditions.

The procedure for providing official residential premises is determined by Ch. 10 ZhK RF. Service residential premises are provided on the basis of decisions of the owners of such premises (authorized state authorities or authorized bodies of local self-government acting on their behalf) or persons authorized by them under contracts for renting office premises. The exception is residential premises for the social protection of certain categories of citizens, provided under contracts for gratuitous use. Citizens of categories defined by law who are not provided with residential premises in the corresponding settlement are entitled to specialized residential premises.

In accordance with Art. 104 of the Housing Code of the Russian Federation, service living quarters are provided to citizens in the form of a separate apartment. The housing legislation defines the correspondence between the levels of authorities that determine the categories of such citizens and the types of housing stock:

▪ by a government body of the Russian Federation - in the housing stock of the Russian Federation;

▪ by a government body of a constituent entity of the Russian Federation - in the housing stock of a constituent entity of the Russian Federation;

▪ by local government - 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 stay in a public position of the Russian Federation, a public position of a constituent entity of the Russian Federation or in an elective position, as well as dismissal from service, is the basis for terminating the contract for hiring official housing.

Residential premises of the mobile fund are provided at the rate of at least 6 sq. meters of floor space per person. The contract for renting a residential premises of the mobile fund is concluded for the period:

▪ until the completion of major repairs or reconstruction of the house;

▪ before completion of settlements with citizens who lost their residential premises as a result of foreclosure, after the sale of residential premises on which foreclosure was applied;

▪ until settlements are completed with citizens whose only residential premises have become uninhabitable as a result of emergency circumstances, or until residential premises of the state or municipal housing stock are provided to them;

▪ established by law.

A special case when citizens are provided with official premises is the passage of military service by military personnel under a contract. In this case, members of their families cohabiting with them are also provided with office space in accordance with the norms established by the regulatory legal acts of the Russian Federation.

Office dwellings, with the exception of the housing stock of state farms and other agricultural enterprises equated to them, are not subject to privatization in accordance with Art. 4 Law of the Russian Federation of July 4, 1991 No. 1541-I "On the privatization of the housing stock in the Russian Federation" (as amended and supplemented). 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 under 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 official residential premises.

37. Rental agreement for specialized residential premises

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 (Article 100 of the LC RF).

The lease agreement for specialized residential premises can be terminated at any time by agreement of the parties or unilaterally at the initiative of the tenant (Article 101 of the LC RF). In case of violation by the tenant or members of his family of obligations related to the rental of specialized residential premises, the lease agreement may be terminated in court at the request of the landlord.

The lease agreement for specialized residential premises is terminated due to:

▪ loss (destruction) of such residential premises or for other reasons provided by law;

▪ transfer of ownership of office residential premises or residential premises in a dormitory, as well as transfer of such residential premises for economic management or operational management to another legal entity. An exception is the case if the new owner of such residential premises or the legal entity to which such residential premises have been transferred is a party to an employment contract with the employee who is the tenant of such residential premises.

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 residential premises, citizens are subject to eviction in court without the provision of other residential premises, with the exception of certain cases:

▪ when the ownership of office residential premises or residential premises in a dormitory, as well as the residential premises itself, is transferred to the economic management or operational management of another legal entity;

▪ if this office space is occupied by citizens who are not tenants of residential premises under social tenancy agreements or members of the tenant’s family, or owners of residential premises or family members of the owner of residential premises and who are registered as needing residential premises of the following categories:

▪ family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs bodies of the Russian Federation, state fire service bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, dead (deceased) ) or missing in action while performing military service or official duties;

▪ old age pensioners;

▪ family members of an employee who was provided with office housing or dormitory housing and who died;

▪ disabled people of groups I or II, whose disability occurred as a result of a work injury due to the fault of the employer, disabled people of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled military personnel who became disabled of groups I or II due to injury, concussion or injury received during the performance of military service duties or as a result of an illness associated with the performance of military service duties.

In the event of their eviction, the listed categories of citizens are provided with other residential premises, which should be located within the boundaries of the corresponding settlement.

38. The concept of a hostel

Residential premises in dormitories are intended for temporary residence of citizens during their work, service or training (Article 94 of the LC RF). Under hostels, houses or parts of houses specially built or converted for this purpose are provided. Residential premises in dormitories are equipped with furniture and other items necessary for citizens to live.

Residential premises in dormitories are provided at the rate of at least 6 square meters of living space per person (Article 105 of the LC RF). The contract for renting a dwelling in a hostel 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.

The eviction of citizens from residential premises in dormitories with the provision of other residential premises is carried out by the former owner or legal entity transferring the relevant residential premises in the case provided for in paragraph 2 of Art. 102 ZhK RF.

In accordance with paragraph 3 of Art. 20 of the Federal Law of July 25, 2002 No. 113-FZ "On Alternative Civil Service" (as last amended and added), organizations that provide for the passage of alternative civilian service, provide a hostel free of charge for citizens undergoing such service outside the territory where they are permanent residents.

According to paragraph 1, 3 of Art. 15 Federal Law of May 27, 1998 No. 76-FZ "On the Status of Military Personnel" (as amended and supplemented), military personnel - foreign citizens are accommodated for the entire period of military service in dormitories in military units (military camps). Military personnel - citizens undergoing military service under a contract, and members of their families who arrived at a new place of military service, before receiving housing in accordance with the norms established by the regulatory legal acts of the Russian Federation, have the right to provide them with official housing suitable for temporary residence, or hostels.

Federal Law No. 22-FZ of August 1996, 125 "On Higher and Postgraduate Vocational Education" (as amended and supplemented) defines the provisions regarding the provision of students in need of living space with dormitories (clause 3, article 16 ). Each student in need of living space must be provided with a place in a hostel that meets sanitary standards and rules if there is an appropriate housing stock of a higher educational institution. If there are students in need of living space, it is not allowed to use the living space of dormitories included in the housing stock of a higher educational institution for other purposes (renting and other transactions), as well as use that leads to its reduction. An agreement is concluded with each student living in a hostel, the standard form of which is approved by the federal state education authority.

The amount of payment for the use of residential premises in separate rooms in hostels (rental fees) is determined based on the area of these rooms by multiplying the corresponding price by the living area of the occupied residential premises. When several citizens live in the same room of a hostel, the owner of the hostel shall establish the procedure for determining the amount of payment for the use of this room.

The amount of payment for living in a hostel, utilities and personal services for students cannot exceed 5 percent of the scholarship, and the maximum cost of living in a hostel is set at no more than 3 percent of the scholarship for successful students (Decree of the Government of the Russian Federation of January 18, 1992 No. 33 "On additional measures for the social protection of student youth" (as amended and added)).

39. The concept of housing and housing cooperatives

The organization and activities of housing and housing cooperatives (hereinafter referred to as housing cooperatives) are regulated by Ch. 11 LCD RF. A housing 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 to manage residential and non-residential premises in a cooperative house (Article 110 of the Housing Code of the Russian Federation). Members of a housing and housing-construction cooperative participate with their own funds in the acquisition, reconstruction and subsequent maintenance of an apartment building.

Housing cooperatives are consumer cooperatives. Citizens who have reached the age of 16 and (or) legal entities have the right to join housing cooperatives. Article 49 of the Housing Code of the Russian Federation defines the categories of citizens who have the pre-emptive right to join housing cooperatives organized with the assistance of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation or local governments:

1) low-income citizens recognized as needing housing. The poor for the purposes of housing regulation are citizens if they are recognized as such by the local government in the manner prescribed by law, taking into account the income attributable to each family member and the value of property owned by family members and subject to taxation;

2) other citizens recognized as needing residential premises in accordance with federal law or the law of a constituent entity of the Russian Federation.

The number of members of a housing cooperative cannot be less than 5, but must not exceed the number of residential premises in an apartment building under construction or acquired by the cooperative. The decision to organize a housing cooperative is made by a meeting of founders, in which persons wishing to organize a housing cooperative have the right to participate. The decision of the meeting of founders on the organization of a housing cooperative and on the approval of its charter is considered adopted, provided that the persons wishing to join the housing cooperative (founders) voted for this decision. The decision of the meeting of founders of a housing cooperative is documented in a protocol.

The charter of a housing cooperative must contain the following information:

▪ about the name of the cooperative, its location, the subject and purposes of its activities;

▪ on the procedure for becoming a member of the cooperative, the procedure for leaving the cooperative and issuing a share contribution and other payments;

▪ about the amount of entrance and share contributions, the composition and procedure for their payment, liability for violation of obligations to make them;

▪ on the composition and competence of the management bodies of the cooperative and the bodies monitoring the activities of the cooperative, the procedure for their decision-making, including on issues on which decisions are made unanimously or by a qualified majority of votes;

▪ on the procedure for covering losses incurred by members of the cooperative;

▪ on the procedure for 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.

State registration of a housing cooperative is carried out in accordance with the legislation on state registration of legal entities.

The governing bodies of a housing cooperative are:

▪ general meeting of members of the housing cooperative;

▪ conference, if the number of participants in the general meeting of members of the housing cooperative is more than 50 and this is provided for by the charter of the housing cooperative;

▪ the board of the housing cooperative and the chairman of the board of the housing cooperative.

40. Management and control in housing cooperatives

The supreme governing body of a housing cooperative (Article 117 of the Housing Code of the Russian Federation) is the general meeting of members of the cooperative (conference), which is convened in the manner and has the competence established by the charter of the cooperative.

The general meeting of members of a housing cooperative is competent if more than 50 percent of the members of the cooperative are present at it. The decision of the general meeting of members of the housing cooperative is considered adopted provided that more than half of the members of the housing cooperative who were present at such a general meeting voted for it, and on issues specified in the charter of the housing cooperative, more than three-quarters of the members of the housing cooperative who were present at such a general meeting . The decision of the general meeting of members of a housing cooperative is drawn up in a protocol and, if it is taken in the prescribed manner, is binding on all members of a housing cooperative.

The board of a housing cooperative (Article 118 of the Housing Code of the Russian Federation) is elected from among the members of the housing cooperative by the general meeting of members of the housing cooperative (conference) and manages the current activities of the cooperative, elects the chairman of the cooperative from among its members and exercises other powers not assigned by the charter of the cooperative to the competence of the general meeting cooperative members. The number of members of the board, the term and procedure for its activities, the procedure for making decisions by it are established by the charter and internal documents of the cooperative (regulations, regulations or other document of the cooperative). The board of a housing cooperative is accountable to the general meeting of members of the cooperative (conference).

The chairman of the board of the housing cooperative is elected by the board of the housing cooperative from among its members for a period determined by the charter of the housing cooperative. The chairman of a housing cooperative, when exercising his rights and performing his duties, must act in the interests of the cooperative in good faith and reasonably.

The functions of the chairman of the board of a housing cooperative are determined by Art. 119 ZhK RF:

▪ Ensuring the implementation of decisions of the board of the cooperative;

▪ acting on behalf of the cooperative without a power of attorney, including representing its interests and making transactions;

▪ exercise other powers not assigned by law 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.

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) of the housing cooperative for a period of not more than 3 years. The number of members of the audit commission of a housing cooperative, the procedure for its work is determined by the charter of the cooperative and other internal documents of the cooperative. Members of the audit commission cannot simultaneously be members of the board of a housing cooperative, as well as hold other positions in the management bodies of a housing cooperative. Its chairman is elected from the composition of the audit commission. The audit commission (auditor) has the right to conduct an audit of the financial and economic activities of the cooperative at any time. In addition, she must be provided with access to all documentation relating to the activities of the cooperative.

The audit commission (auditor) of a housing cooperative:

▪ mandatory conducts scheduled audits of the financial and economic activities of the housing cooperative at least once a year;

▪ presents to the general meeting of members of the cooperative (conference) a conclusion on the budget of the housing cooperative, the annual report and the amount of mandatory payments and contributions;

▪ reports to the general meeting of members of the cooperative (conference) on its activities.

41. Rights and obligations of members of housing cooperatives

A citizen or a legal entity wishing to become a member of a housing cooperative shall submit an appropriate application to the board of the housing cooperative, which must be considered within a month by the board of the housing cooperative and approved by the decision of the general meeting of members of the housing cooperative (conference). To be recognized as a member of a housing cooperative, a citizen or a legal entity, after approval of the decision on admission to membership of a housing cooperative by a general meeting of members of the cooperative (conference), must pay an entrance fee. Such a citizen or legal entity is provided with housing in the houses of a housing cooperative in accordance with the amount of the share contribution made. The basis for the possession, use and, within the limits established by law, of the disposal of residential premises is membership in a housing cooperative. A member of a housing cooperative acquires ownership of a dwelling in an apartment building if the share contribution is paid in full.

The share contribution is determined by the right to share a member of a housing cooperative. A share may belong to one or more citizens or legal entities. The division of a dwelling in a house of a housing cooperative between persons entitled to a share is allowed if each of such persons can be allocated an isolated dwelling or there is a technical possibility of converting and (or) re-planning non-isolated premises into isolated dwellings.

A member of a housing cooperative and members of his family living together with him, by mutual agreement and with prior notice to the board of the housing cooperative, have the right to allow temporary residents to live in a residential building that is in their use in the manner and on the conditions provided for by law (Article 80 of the Housing Code of the Russian Federation ).

A member of a housing cooperative who has not paid the share contribution in full, with the consent of the members of his family living with him and the board of the housing cooperative, has the right to rent out part or all of the living space he occupies in the house of the housing cooperative for rent. A housing cooperative has the right to rent out the vacated living quarters for a fee.

Membership in a housing cooperative is terminated in the event of:

▪ exit of a member of the cooperative;

▪ expulsion of a member of the cooperative;

▪ liquidation of a legal entity that is a member of the cooperative;

▪ liquidation of the housing cooperative;

▪ death of a citizen who is a member of a 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 housing cooperative by decision of the general meeting of members of the housing cooperative (conference). The law defines the preferential right to join the housing cooperative of the heirs of the deceased member of the housing cooperative.

A member of a housing cooperative may be expelled from a housing cooperative on the basis of a decision of the general meeting of members of a housing cooperative (conference) in the event of gross failure by this member, without good reason, to fulfill his obligations established by law or the charter of the housing cooperative. A member of a housing cooperative who has not paid the full share contribution and is expelled from the housing cooperative shall be paid the amount of his share within a period not exceeding 2 months from the date of his exclusion. After that, he and his family members lose the right to use the living quarters in the house of the housing cooperative and are obliged to vacate it within 2 months. In case of refusal to vacate a dwelling, citizens are subject to eviction in a judicial proceeding without providing another dwelling.

42. Housing benefits (concept, types)

Article 160 of the Housing Code of the Russian Federation provides for the possibility of compensating the costs of paying for residential premises and utilities for certain categories of citizens. The procedure for their provision is determined by:

▪ federal laws (for example, Federal Law No. 30-FZ of June 2002, 78 “On monetary allowances for employees of certain federal executive authorities, other payments to these employees and conditions for the transfer of certain categories of employees of the federal tax police and customs authorities of the Russian Federation to other conditions service (work)" (with last amendments and additions); Federal Law of November 7, 2000 No. 136-FZ "On the social protection of citizens engaged in work with chemical weapons" (with latest amendments and additions). ); Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel” (as amended and additional);

▪ laws of the constituent entities of the Russian Federation;

normative legal acts of local governments.

Compensation for the cost of housing and communal services is included in the total family income when calculating subsidies and is provided at the expense of the relevant budgets.

Subsidies for paying for housing and utilities (Article 159 of the LC RF) are provided to citizens if their expenses for paying for housing and utilities, calculated on the basis of the size of the regional standard for the normative area of \uXNUMXb\uXNUMXbthe residential premises and the size of the regional standard for the cost of housing and communal services , exceed the value corresponding to the maximum allowable share of such expenses 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. The basis for establishing this size is the level 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, the design and technical parameters of which correspond to the average conditions in the municipality.

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.

Citizens are eligible for subsidies:

▪ o users of residential premises of state and municipal housing funds;

▪ o tenants under lease agreements for residential premises of a private housing stock;

▪ o members of housing cooperatives;

▪ o owners of residential premises.

Subsidies are not provided to foreign citizens, unless otherwise provided by international treaties of the Russian Federation. Subsidies are provided by a local self-government body or an institution authorized by it on the basis of applications from these citizens, taking into account members of their families permanently residing with them. The condition for granting subsidies to citizens is that they do not have debts to pay for residential premises and utilities or the conclusion and (or) implementation by citizens of agreements on its repayment.

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.

43. The concept of a housing certificate

The Regulation on the Issuance and Circulation of Housing Certificates (approved by Decree of the President of the Russian Federation of June 10, 1994 No. 1182 with the last amendment and addition) defines a housing certificate - this is a special type of bonds with an indexed nominal value, certifying the right of their owner to:

▪ purchase by the owner of an apartment (apartments) subject to the acquisition of a package of housing certificates;

▪ receipt from the issuer upon first request of the indexed nominal value of the housing certificate.

The institution of housing certificates is used to expand the use of public funds and other non-budgetary sources of financing in the housing sector and protect them from inflation.

The scheme for indexing the nominal value of a housing certificate is established upon its issuance and remains unchanged during the established period of validity of the housing certificate.

The housing certificate certifies the contribution of the first owner (legal or natural person purchasing the certificate) of funds for the construction of a certain total area of housing, the size of which does not change during the established period of validity of the housing certificate.

Issuers of housing certificates - legal entities registered in the territory of the Russian Federation, having the rights of a customer for the construction of housing, a land plot allocated in accordance with the established procedure for housing construction and project documentation for housing, which is the object of raising funds, as well as legal entities to which all of these rights. These can be banks, credit institutions, commodity and stock exchanges. The issuer of housing certificates bears on its own behalf obligations under them to the owners of housing certificates.

Housing certificates may be issued in one of the forms stipulated by Federal Law No. 22-FZ of April 1996, 39 "On the Securities Market" (as amended and supplemented). Forms of housing certificates (nominal non-documentary, documentary to bearer) must be determined in the decision on their issue.

Transactions with housing certificates, including sales contracts, must be made in simple written form. The transfer of housing certificates is carried out in accordance with the legislation on securities. It is prohibited to make and accept housing certificates as a contribution to the authorized capital of business companies and partnerships.

State housing certificate is a personal document confirming a citizen’s right to receive a housing subsidy, which can only be used for the purchase (construction) of housing.

The condition for issuing a state housing certificate to a citizen living in a residential building under a social tenancy agreement is that he must provide an obligation to terminate the said agreement. Residential premises owned by a citizen are transferred under an exchange agreement to a government body of a constituent entity of the Russian Federation or a local government body in exchange for a state housing certificate. The obligation to terminate a social tenancy agreement or alienation under an agreement for the exchange of residential premises is signed by all adult family members. The fulfillment of the obligation to terminate a social tenancy agreement or alienation under an agreement for the exchange of residential premises is carried out within two months after the citizen purchases housing at the expense of the housing subsidy provided to him. For citizens who have sold housing that belonged to them by right of ownership, the amount of the housing subsidy is reduced by the amount received under the purchase and sale agreement.

44. Necessary details of the housing certificate

The housing certificate must contain the following mandatory details:

▪ full name of the issuer, its location and postal address;

▪ type, category (type) of housing certificate;

▪ state registration number of the issue and date of state registration;

▪ the rights of the owner, secured;

▪ conditions for the fulfillment of obligations by the person who provided the security, and information about this person in the event of issuing secured bonds;

▪ indication of the total number of housing certificates in this issue;

▪ an indication of whether housing certificates are subject to mandatory centralized storage, and, if so, the name of the depository that carries out their centralized storage;

▪ an indication that housing certificates are issue-grade bearer securities;

▪ signature of the person performing the functions of the issuer’s executive body and the issuer’s seal.

In the case of issuing housing certificates in paper form, the certificate of such a security, in addition to the mandatory details provided for by the said Federal Law, must contain the following mandatory details:

▪ name “housing certificate”;

▪ validity period of the housing certificate;

▪ the amount of the total housing area paid for when purchasing one housing certificate;

▪ the total volume of issue of housing certificates of this series;

▪ a scheme for indexing the nominal value of a housing certificate when it is repurchased by the issuer;

▪ preliminary conditions of the apartment purchase and sale agreement, which the issuer undertakes to conclude with the owner of a certain number of housing certificates, giving the right to purchase an apartment with established characteristics;

▪ the procedure for agreeing on additional and final terms of the future apartment purchase and sale agreement, which are not determined in advance in the housing certificate, including an indication of the period within which the issuer must respond to disagreements on the terms of the agreement, if these disagreements arise;

▪ full name of the bank (banks) that controls the intended use of raised funds;

▪ conditions giving the certificate holder the right to enter into an agreement to purchase an apartment, including:

▪ the date before which the housing certificate cannot be presented to the issuer by the owner with a requirement to conclude an agreement;

▪ the minimum number of certificates giving the right to demand the conclusion of an agreement for the purchase and sale of an apartment and the procedure for its payment;

▪ the deadline for the issuer of a housing certificate to fulfill the obligation to transfer the apartment to the owner of the housing certificates.

The absence of any props makes the housing certificate invalid.

The volume of issue of housing certificates (expressed in units of total living area) cannot exceed the size of the total area of housing under construction by the issuer, which is the object of raising funds. The housing certificate must have a certain period of validity.

The nominal value of a housing certificate is established in units of the total area of housing, as well as in its monetary equivalent. At the same time, the minimum face value of a housing certificate, expressed in units of the total area of housing, cannot be set less than 0,1 sq. meters.

In case of discrepancies between the text of the decision to issue housing certificates and the data given in the certificate, the owner has the right to demand the exercise of the rights enshrined in this security to the extent established by the certificate. The issuer is responsible for the discrepancy between the data contained in the housing certificate and the data contained in the decision to issue housing certificates.

45. The procedure and mechanism for providing subsidies for paying for housing and utilities

The regulation on the provision of subsidies for housing and utilities (approved by Decree of the Government of the Russian Federation of August 30, 2004 No. 444) defines:

▪ conditions and procedure for providing subsidies;

▪ establishing the amount of the subsidy;

▪ peculiarities of providing subsidies to certain categories of citizens;

▪ mechanism for providing subsidies;

▪ financing costs associated with the provision of subsidies;

▪ the procedure for suspending (or terminating) the transfer of subsidies.

To receive subsidies, citizens (applicants) or persons authorized by them on the basis of a power of attorney, submit the following documents to the authorized body at their place of permanent residence:

▪ application for a subsidy;

▪ documents on the composition of the applicant’s family;

▪ copies of documents confirming the legal basis for ownership and use of residential premises;

▪ documents confirming the income of the applicant and all family members, which are taken into account when deciding whether to provide a subsidy;

▪ documents containing information on the amounts of payments for housing and utilities accrued for the last month before submitting the application, and on the presence (absence) of overdue debts for payment of housing and utilities;

▪ copies of documents confirming the right to benefits or compensation for housing and utilities of the applicant and family members registered with him at his place of permanent residence;

▪ copies of documents certifying the citizenship of the Russian Federation of the applicant and his family members.

The applicant is responsible for the accuracy of the information provided, as well as the documents in which they are contained. The submission by the applicant of incomplete and (or) inaccurate information is the basis for refusal to provide a subsidy. The application for the provision of a subsidy must contain the consent of the applicant and his family members to the verification by the authorized body in the tax and customs authorities of the submitted information on income. The authorized body, within 10 days from the date of receipt of the documents, makes a decision to provide a subsidy or to refuse to provide it, calculate the amount of the subsidy and bring the relevant decision to the interested parties. The issuance of documents (copies of documents) necessary for obtaining a subsidy is carried out by the relevant bodies (organizations) free of charge, regardless of their legal form and departmental affiliation.

The recipient of the subsidy is obliged to inform the authorized body about the occurrence of events that entail a change in the conditions for granting the subsidy and its amount (change in the composition of the family and place of permanent residence, temporary departure of family members and changes in the income of family members), within 15 days after their occurrence.

The duration of the grant is 6 months. State authorities of the constituent entities of the Russian Federation may establish other terms. Subsidies are transferred to citizens before the deadline for making payments for housing and communal services to existing or opened by recipients of subsidies bank accounts or demand deposits (personalized social accounts). Recipients of subsidies have the right to use subsidies to pay for housing and any types of utility services provided to them, while the specified payment is made in full (without reduction by the amount of subsidies). Control over the timeliness and completeness of payment for housing and communal services by recipients of subsidies is carried out by authorized bodies on the basis of data received from landlords and organizations providing housing and communal services.

46. Testamentary refusal (legate)

The testator has the right to make a will containing an order for any property (including residential premises), including that which he may acquire in the future (Article 1120 of the Civil Code of the Russian Federation).

A testamentary refusal (Article 1137 of the Civil Code of the Russian Federation) is understood as the assignment by the testator to one or more heirs by will or by law of the execution of any obligation of a property nature at the expense of the inheritance in favor of one or more persons (legatees) who acquire the right to demand the fulfillment of this obligation . A testamentary renunciation must be set out in a will. The subject of a testamentary refusal may be the transfer to the legatee of ownership, possession on another real right or the use of a thing that is part of the inheritance, the transfer to the legatee of a property right included in the inheritance, the acquisition for the legatee and the transfer of other property to him, the performance of certain work for him or the provision of a certain service to him or the implementation of periodic payments in favor of the legatee, etc. In fact, we are talking about encumbrance of the right to housing with the right to use another person.

In particular, the testator may impose on the heir, to whom a residential house, apartment or other residential premises are transferred, the obligation to grant to another person for the period of the life of this person or for another period the right to use such premises or a certain part of it. Thus, depending on the conditions of the testamentary renunciation, a citizen can use the living quarters under the testamentary renunciation both for a certain period and indefinitely (during life).

In the event of a subsequent transfer of ownership of the property that was part of the inheritance to another person, the right to use this property, granted by testament, remains in force (clause 2, article 1137 of the Civil Code of the Russian Federation).

The right to receive a testamentary refusal is valid for 3 years from the date of opening of the inheritance and does not pass to other persons, if another legatee is not assigned to the legatee in the will (clause 4 of article 1137 of the Civil Code of the Russian Federation).

The right to use living quarters of a citizen to whom such a right has been granted under a testamentary refusal for a certain period may terminate upon the expiration of the period established by a testamentary refusal, unless such a citizen has the right to use it on another legal basis (for example, upon entering into marriage with the owner of the dwelling , concluding a contract with him to rent a dwelling, etc.).

According to Art. 33 of the Housing Code of the Russian Federation, a citizen who, by testamentary refusal, has been granted the right to use residential premises for the period specified in the relevant will, uses this residential premises on an equal basis with the owner of this residential premises. Upon the expiration of the period of use of the living quarters established by the testamentary refusal, the right to use the living quarters of the corresponding citizen terminates, except in cases where the right to use the living quarters of the corresponding citizen arose on another legal basis (when entering into marriage with the owner of the living quarters, concluding a lease agreement with him living quarters, etc.).

A capable citizen residing in a dwelling provided under a testamentary refusal shall be jointly and severally liable with the owner of such dwelling for the obligations arising from the use of such dwelling, unless otherwise provided by an agreement between the said owner and the citizen. A citizen residing in a dwelling provided under a testamentary refusal has the right to demand state registration of the right to use the living quarters arising from a testamentary refusal.

47. Agreement of pledge of ownership of an apartment in a house under construction

The conclusion of a mortgage agreement is regulated by Chapter 2 of the Federal Law of July 16, 1998 No. 102-FZ "On Mortgage (Pledge of Real Estate)" (as amended and supplemented). The mortgage agreement is concluded in compliance with the general rules of the Civil Code of the Russian Federation on the conclusion of agreements, as well as the provisions of the Law. The mortgage agreement must specify the subject of the mortgage, its valuation, the nature, amount and term of performance of the obligation secured by the mortgage. The subject of mortgage is determined in the agreement by indicating its name, location and a description sufficient to identify this subject.

The mortgage agreement must specify the right by virtue of which the property that is the subject of the mortgage belongs to the pledger, and the name of the body that carries out state registration of rights to real estate and transactions with it, which registered this right of the pledger.

The valuation of the subject of mortgage is determined in accordance with the legislation of the Russian Federation by agreement between the mortgagor and the mortgagee. In the case of a pledge of immovable property not completed by construction, which is in state or municipal ownership, an assessment of the market value of this property is carried out.

An obligation secured by a mortgage must be named in the mortgage agreement with an indication of its amount, the grounds for the occurrence and the deadline for fulfillment. In cases where this obligation is based on any contract, the parties to this contract, the date and place of its conclusion must be indicated. If the amount of the obligation secured by the mortgage is to be determined in the future, the mortgage agreement must indicate the procedure and other necessary conditions for its determination.

A mortgage agreement is concluded in writing and is subject to state registration. An agreement that does not contain any of the data specified in Art. 9 of the Law, or the rules of paragraph 4 of Article 13 of the Law are violated, is not subject to state registration as a mortgage agreement. 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.

The mortgage agreement is considered concluded and comes into force from the moment of its state registration. When a mortgage agreement is included in a loan or other agreement containing an obligation secured by a mortgage, the requirements established for a mortgage agreement must be observed with respect to the form and state registration of this agreement.

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 Unified State Register of Rights to Real Estate and transactions with it about the occurrence of a mortgage by virtue of the law.

Mortgage as an encumbrance of property pledged under a mortgage agreement arises from the moment of conclusion of this agreement. In case of a mortgage by virtue of law, a mortgage as an encumbrance of property arises from the moment of state registration of the right of ownership to this property, unless otherwise established by the contract.

The rights of the pledge holder (the right of pledge) to the property shall be deemed to have arisen from the moment the mortgage entry is made in the Unified State Register of Rights to Real Estate and Transactions Therewith, unless otherwise provided by federal law. The rights of the pledgee (the right of pledge) to the pledged property are not subject to state registration.

48. Preservation of living space for temporarily absent

The temporary absence of a tenant of a dwelling under a social tenancy agreement, any of his family members living with him or all of these citizens does not entail a change in their rights and obligations under a social tenancy agreement (Article 71 of the RF LC). The article guarantees the invariability of the legal status of the tenant of the residential premises under a social tenancy agreement and the members of his family living together with him in the event of the temporary departure of these persons from the occupied premises. The reasons for the temporary absence of citizens also do not affect the scope and content of their rights and obligations under a social contract of employment. In case of temporary absence, not only all rights, but also all obligations of the respective persons remain valid, in particular, the obligation to timely pay for housing and communal services. According to paragraph 11 of Art. 155 of the Housing Code of the Russian Federation, non-use by owners, tenants and other persons of the premises is not a basis 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. In the absence of individual tenants for more than 1 month, payment for utilities during their absence is not charged. Absent persons are not exempted from paying for the telephone and heating.

For a citizen undergoing alternative civilian service, the living space occupied by him before being sent to alternative civilian service is retained. At the same time, he cannot be excluded from the lists of persons in need of better housing conditions (Federal Law of July 25, 2002 No. 113-FZ "On Alternative Civil Service" (as amended and supplemented)).

Employees and contract servicemen of military units and bodies stationed on the territory of the Chechen Republic, for the entire period of service (military service) in this territory, retain their living quarters. For such citizens who do not have housing according to the established norms, there is a priority for obtaining housing at their former place of service (military service). In addition, such persons are paid monetary compensation for renting (subleasing) residential premises in the places of residence of their family members in the manner and in the amount established by the regulatory legal acts of the Russian Federation. The above statements are enshrined in Decree of the Government of the Russian Federation of February 9, 2004 No. 65 "On additional guarantees and compensations for military personnel and employees of federal executive bodies participating in counter-terrorist operations and ensuring law and order and public security on the territory of the North Caucasus region of the Russian Federation."

The written consent of a citizen who is temporarily absent from his place of permanent residence and who is a family member of the tenant who occupies this dwelling under a social tenancy agreement is necessary for:

▪ carrying out reconstruction and (or) redevelopment of the residential premises in which this citizen lived before his absence;

▪ to move other citizens into this residential premises as members of the tenant’s family;

▪ for the exchange of residential premises occupied by the tenant and members of his family for residential premises provided under a social rental agreement to another tenant;

▪ an application by the tenant to the landlord with a request to provide him with a smaller residential premises to replace the occupied residential premises.

49. Booking accommodation

Reservation of accommodation is one of the types of housing preservation for temporarily absent citizens for reasons of their military service, business trip, etc.

Residential premises occupied by employers and members of their families can be booked when sent to work abroad - for the entire duration of their stay abroad, when leaving for work in the regions of the Far North and equivalent areas - for the entire duration of the employment contract, as well as in other cases. Reservation of accommodation is made by the tenant or a member of his family no later than 6 months from the date of departure. Refusal to issue a security certificate may be appealed in court. If the tenant or members of his family within 6 months after the expiration of the certificate of protection (booking) do not demand the return of the premises to them, the tenancy agreement is terminated in court.

The tenant has the right to populate the reserved residential premises under the sublease agreement or settle temporary residents in it within the validity period of the protection certificate. When the tenant or members of his family return, they have the right to demand the immediate release of the reserved accommodation, regardless of the expiration of the period stipulated by the sublease agreement. If the sub-tenants or temporary tenants refuse to vacate this premises, they are subject to judicial eviction at the request of the tenant without providing another residential premises.

Accommodation cannot be booked:

a) if a claim is filed for termination or amendment of the contract for the rental of residential premises;

b) for those living in the service living area and in dormitories;

c) for temporary residents and sub-tenants in the houses of the state, municipal and public housing stock;

d) for tenants in houses of housing cooperatives and in houses owned by citizens.

The legal institution for booking a dwelling is not defined by the new housing legislation, however, it is widely used in relation to certain categories of citizens.

Decree of the Government of the Russian Federation of May 25, 1994 No. 533 "On Benefits for Citizens Relocating to Work in the Countryside" (as amended and supplemented) defines the right of a family that has entered into an agreement on resettlement to the countryside for permanent work to reservation for a period of three years of living space (except for privatized) at the place of residence before resettlement.

Federal Law No. 27-FZ of May 1998, 76 "On the Status of Servicemen" (as amended and supplemented) grants the right to book living space:

▪ military personnel - citizens undergoing military service under a contract, who own individual residential buildings (apartments) or are members of housing construction (housing) cooperatives, as well as military personnel upon transfer to a new place of military service in another locality;

▪ military personnel - citizens undergoing military service under a contract, sent for military service outside the territory of the Russian Federation, to the regions of the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions;

▪ military personnel - citizens undergoing military service upon conscription, cadets of military educational institutions of vocational education, occupying these residential premises before conscription (entry) to military service.

Federal Law No. 21-FZ of July 1997, 114 "On Service in the Customs Authorities of the Russian Federation" (as amended and supplemented) determines the right to book living space occupied by a customs officer when he is transferred to serve in another locality.

50. Protection of the housing rights of minors

According to the Letter of the Ministry of Education of the Russian Federation dated June 9, 1999 No. 244/26-5 "On additional measures to protect the housing rights of minors", in order to most effectively protect the housing rights of minors in the practice of work, educational authorities, local governments (guardianship and guardianship authorities ) should be guided by the following legislative acts:

▪ Family Code of the Russian Federation dated December 29, 1995 No. 223-FZ (as amended and supplemented);

▪ Law of the Russian Federation of December 21, 1996 No. 159-FZ “On additional guarantees for the social protection of orphans and children without parental care”;

▪ Federal Law of March 28, 1998 No. 50-FZ “On Amendments to Article 2 of the Law of the Russian Federation “On the Privatization of Housing Stock in the Russian Federation”;

▪ other regulatory legal acts.

Consideration of all issues related to the alienation of living space, the conclusion, as well as the change of all kinds of contracts, indirectly or directly affecting the legal rights and interests of minors living in a family or deprived of parental care and placed in state institutions of any form of ownership for full state support, and also graduates of these institutions, is carried out collegially, taking into account the opinion of legal representatives, the minors themselves at meetings of commissions (councils) for the protection of children's rights, as well as other bodies that are entrusted with the functions of guardianship and guardianship of minors by local governments.

In order to more effectively protect the housing rights of minors left without parental care, regardless of the form of their arrangement, their legal representatives (guardians, trustees, administration of the relevant institution), in the event that minors are left to live in residential premises alone, are obliged within three months from from the moment the child is placed, draw up an agreement on the transfer of residential premises to the ownership of the child (privatize) and, in the event of a long absence of a minor there, take measures to use it in the interests of the child.

The sale of residential premises owned by minors who are in institutions for orphans and children left without parental care, graduates under the age of 18, or living in families of guardians (trustees) is not recommended.

In the event that the guardianship and guardianship authority issues a preliminary permit for a transaction for the sale of residential premises with the acquisition of housing after its sale (with subsequent acquisition), the operative part of the resolution (instruction) must indicate that the sale is carried out with the obligatory acquisition of residential space in the name of a minor in case if he loses a share of the property or indicates where he will live in case he is only a member of the owner's family.

On this basis, a contract for the sale of residential premises is drawn up with a condition. A copy of the agreement is provided to the body of guardianship and guardianship. Registration of a preliminary permit for a transaction with residential premises in which minors are owners, co-owners, family members of the owner of residential premises, houses is carried out in the form of a resolution (instruction) of the local government at the place of residence of minors.

In case of temporary absence of graduates of boarding schools in the residential premises provided to them, in connection with the continuation of their studies in other educational institutions, the guardianship and guardianship authorities are obliged to take measures to preserve these residential premises until they are finally settled.

51. Concept of condominium

According to Art. 1 of the Federal Law of June 15, 1996 No. 72-FZ "On Associations of Homeowners" (as amended and supplemented; declared invalid on March 1, 2005 by Federal Law of December 29, 2004 No. 189-FZ) a condominium is a single complex of immovable property, which includes a land plot within the established boundaries and a residential building, other real estate objects located on the specified plot, and in which separate parts (premises) intended for residential or other purposes are located in a private, state, municipal ( owned by citizens, legal entities, the Russian Federation, constituent entities of the Russian Federation, municipalities - homeowners) and other forms of ownership, and other parts (common property) are in common shared ownership. The concept of "condominium" is used in accordance with the new housing legislation in a similar way to the concept of "property of an apartment building".

The condominium may include the following objects:

▪ one building, or part thereof, or several buildings in which the premises belong to different (at least two) homeowners, with an adjacent land plot within established boundaries, pedestrian and transport roads, swimming pools, ponds, perennial green spaces and other similar objects;

▪ several compactly located buildings or structures - single-family, garden or country houses with or without garden plots, garages and other facilities, united by a common land plot and infrastructure elements.

A separate part of the building can be separated into a separate condominium, provided that the addition, reconstruction, rebuilding or demolition of this block section does not violate the integrity of other parts of the building that are not part of this condominium.

A unit in a condominium may be owned by several owners on the basis of common ownership, acting as one homeowner, one homeowner may own several units in a condominium. Homeowners own, use and dispose of the premises in the condominium, which are in private, state, municipal or other form of ownership, in accordance with the general rules of civil law.

The condominium and the rights to real estate in it and transactions with it are subject to state registration with the provision of a home ownership passport.

The homeownership passport is compiled by territorial or local technical inventory bureaus on the basis of field measurements and information from architecture and urban planning authorities, land use and land resources authorities, state property management authorities and is kept by homeowners, customer services or partnerships. The Home Ownership Passport contains the necessary information about the real estate in the condominium, including:

▪ a record that this home ownership is a condominium registered in the unified state register;

▪ details of the data bank of the body that carries out state registration and accounting of property and ownership rights to it, in which a copy of the home ownership passport is stored;

▪ state cadastral number of the household;

▪ postal address of the property;

▪ topographic description and situational plan of the property’s site;

▪ floor plans of buildings and structures, recording the name, number of each individual part of the household and its area, floor heights;

▪ information on materials and other characteristics of load-bearing and enclosing non-load-bearing structures;

▪ historical information - year of construction and reconstruction, design and construction organizations, past and present owners of the condominium;

▪ information on the inventory value of the condominium.

52. The concept of a homeowners association

A homeowners association (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 (Article 135 of the LCD RF).

The charter of the HOA is adopted at the general meeting by a majority vote of the total number of votes of the owners of premises in an apartment building. The number of members of the HOA who have created a partnership must exceed 50% of the votes 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 its charter. The HOA is a legal entity from the moment of its state registration, has a seal with its name, current and other bank accounts, and other details. The HOA is liable for its obligations with all its property. The HOA is not liable for the obligations of the members of the partnership, and they, in turn, are not liable for the obligations of the partnership (clause 6, article 135 of the LC RF).

Owners of premises in one apartment building can create only one HOA. An HOA can be created by combining:

▪ several apartment buildings, the premises of which belong to at least two owners, with land plots located on a common land plot or several neighboring (bordering) land plots, utility networks and other infrastructure elements;

▪ several nearby buildings, structures or structures - residential buildings intended for single-family residence, country houses with or without personal plots, garages and other objects located on a common land plot or several neighboring (bordering) land plots, engineering and technical networks provision and other infrastructure elements.

Homeowners associations in apartment buildings under construction can be created by persons who will own the ownership of the premises in such houses, subject to the rules defined for homeowners associations in general.

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, in a judicial proceeding, they have the right to demand compulsory compensation for mandatory payments and contributions, as well as losses caused to it as a result of failure to fulfill these obligations.

Since the HOA is endowed with the status of a legal entity, it is possible to reorganize it in compliance with the rules of civil law, for example, into a housing or housing construction cooperative. Two or more HOAs can create an association of HOAs for the joint management of common property in apartment buildings.

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 percent of the votes of the total number of votes of the owners of premises in this building (Article 141 of the LC RF). The liquidation of the HOA is provided for by Art. 61 of the Civil Code of the Russian Federation and entails its termination without the transfer of rights and obligations by way of succession to other persons. Reasons for the liquidation of the HOA:

▪ by decision of its founders (participants) or its body authorized by the constituent documents, for example, in connection with the expiration of the period for which the HOA was created;

▪ by a court decision in the event of gross violations of the law committed during its creation, if these violations are irreparable, or the implementation of activities with repeated or gross violations of the law or other legal acts.

53. Rights and obligations of the HOA

The HOA has the right to:

▪ conclude, in accordance with the law, an agreement for 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 utility services and other agreements in the interests of members of the partnership;

▪ determine an 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 costs of major repairs and reconstruction of an apartment building, special contributions and deductions to the reserve fund, as well as expenses for other purposes;

▪ establish, on the basis of an accepted estimate of income and expenses for the year, 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;

▪ perform work for the owners of premises in an apartment building and provide them with services;

▪ use loans provided by banks in the manner and under the conditions provided for by law;

▪ transfer, under an agreement, material and monetary resources to persons performing work for the partnership and providing services to the partnership;

▪ sell and transfer for temporary use, exchange property belonging to the partnership.

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 (Article 137 of the LC RF):

▪ provide for use or limited use part of the common property in an apartment building;

▪ build on or rebuild part of the common property in an apartment building in accordance with the established procedure;

▪ receive for use or receive or acquire land plots into common shared ownership of the owners of premises in a given house for housing construction, construction of utility and other buildings and their further operation;

▪ carry out, on behalf and at the expense of the owners of premises in an apartment building, the development of allocated land plots adjacent to such a building;

▪ conclude transactions and perform other actions consistent with the goals and objectives of the partnership.

The HOA is obliged to:

▪ ensure compliance with the requirements of legislation and the charter of the partnership;

▪ enter into agreements on the maintenance and repair of common property in an apartment building with the owners of premises in the apartment building who are not members of the partnership;

▪ fulfill obligations under the contract;

▪ ensure proper sanitary and technical condition of common property in an apartment building;

▪ ensure that all owners of premises in an apartment building fulfill their responsibilities for the maintenance and repair of common property in an apartment building in accordance with their shares in the common ownership of this property;

▪ ensure compliance with the rights and legitimate interests of the owners of premises in an apartment building when establishing the conditions and procedure for the ownership, use and disposal of common property;

▪ take measures necessary to prevent or terminate actions of third parties that impede or interfere with the exercise of the rights of ownership, use and, within the limits established by law, of the owners of premises with common property in an apartment building;

▪ represent the legitimate interests of the owners of premises in an apartment building, including in relations with third parties.

The rights and obligations of the HOA can only be considered in relation to its creators, i.e. members of the HOA. However, if an agreement is concluded between the HOA and the owner who is not a member of the partnership, then the rights and obligations of the HOA arising from the agreement are, as a rule, identical to those listed.

54. General meeting of members of the HOA

The general meeting of members of the HOA is the supreme governing body of the partnership and is convened in the manner prescribed by the charter of the partnership. Its competence includes (Article 145 of the LC RF):

▪ amending the charter of the partnership;

▪ making decisions on the reorganization and liquidation of the partnership;

▪ election of the board and audit commission (auditor) of the partnership;

▪ establishing the amount of mandatory payments and contributions of members of the partnership;

▪ formation of special funds of the partnership (reserve fund, fund for the restoration and repair of common property in an apartment building and its equipment);

▪ making a decision on obtaining borrowed funds (bank loans);

▪ determination of areas for using income from the business activities of the partnership;

▪ approval of the annual plan on the financial activities of the partnership and a report on the implementation of such a plan;

▪ 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;

▪ adopting and amending, upon the proposal of the chairman of the board of the partnership, the internal regulations of the partnership in relation to employees whose responsibilities include servicing an apartment building, provisions on remuneration for their labor;

▪ determination of the amount of remuneration for members of the board of directors of the partnership;

▪ making decisions on leasing or transferring other rights to common property in an apartment building.

The general meeting of members of the HOA has the right to resolve issues that fall within the competence of the board of the partnership.

The notice of the general meeting shall be sent in writing by the person on whose initiative the general meeting is convened, and shall be handed over to each member of the partnership against receipt or by post (registered letter). The notice shall be sent no later than 10 days before the date of the general meeting. The notification contains information about the person who initiated the convening of the general meeting, the place and time of the meeting, the agenda of the general meeting (issues that were not included in the agenda are not subject to consideration).

The general meeting of members of the HOA is competent if more than 50 percent of the members of the partnership or their representatives are present at it. Decisions are taken by a majority vote of the total number of votes present at the general meeting, some issues are adopted by at least two-thirds of the total number of votes of the members of the partnership. These issues include making decisions about:

▪ reorganization and liquidation of the partnership;

▪ obtaining borrowed funds, including bank loans;

▪ directions for using income from the economic activities of the partnership;

▪ renting or transferring other rights to common property in an apartment building.

The general meeting is chaired by the chairman of the board of the partnership or his deputy, in their absence - by one of the members of the board of the partnership. A written form of voting by means of a poll or voting by groups of members of the partnership may be provided, depending on the type (residential or non-residential) of the premises belonging to them in an apartment building and the issues to be resolved.

Based on the decision of the general meeting of members of the HOA in the partnership, special funds may be formed, spent on the purposes provided for by the charter. Funds in these funds can also be directed from income from the economic activities of the partnership, for example:

▪ maintenance, operation and repair of real estate in an apartment building;

▪ construction of additional premises and common property in an apartment building;

▪ renting out, renting part of the common property in an apartment building.

55. Board of HOA. HOA auditor

The Board of the HOA - manages the activities of the partnership, has the right to make decisions on all issues, with the exception of those referred 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 partnership of homeowners. 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 2 years. The Board elects a Chairman of the Association from among its members. The HOA Board is an executive body accountable to the general meeting of members of the partnership.

A meeting of the board of the HOA is convened by the chairman within the time limits established by the charter of the partnership and is recognized as competent if a majority of the members of the board of the partnership take part in it. The Board's decision is documented in minutes.

The duties of the board of the HOA include (Article 148 of the LC RF):

▪ compliance by the partnership with the law and the requirements of the charter of the partnership;

▪ control over the timely payment by members of the partnership of established mandatory payments and contributions;

▪ drawing up estimates of income and expenses for the corresponding year of the partnership and reports on financial activities, submitting them to the general meeting of members of the partnership for approval;

▪ management of an apartment building or concluding agreements for its management;

▪ hiring workers to service an apartment building and firing them;

▪ concluding agreements for the maintenance, operation and repair of common property in an apartment building;

▪ maintaining a list of partnership members, office work, accounting and financial reporting;

▪ convening and holding a general meeting of 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. HOA funds consist of:

▪ obligatory payments, entrance and other contributions of members of the partnership;

▪ income from the economic activities of the partnership, aimed at achieving the goals, objectives and fulfillment of the obligations of the partnership;

▪ subsidies for the maintenance of common property in an apartment building, carrying out current and major repairs, providing certain types of utilities and other subsidies;

▪ other income.

The chairman of the board of the HOA is elected for a period established by the charter of the partnership and 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 these persons. The chairman of the board acts without a power of attorney on behalf of the partnership:

▪ signs payment documents and makes transactions that do not require mandatory approval by the board of the partnership or the general meeting of members of the partnership;

▪ develops and submits for approval to the general meeting of members of the partnership the internal regulations of the partnership in relation to employees whose responsibilities include servicing an apartment building, and regulations on remuneration for their labor.

The audit commission (auditor) is elected by the general meeting of the members of the partnership for no more than 2 years. Members of the management board of the partnership may not be members of the audit commission. The Chairman of the Audit Commission is elected from among its members. Audit committee:

▪ Conducts audits of the financial activities of the partnership at least once a year;

▪ presents 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;

▪ reports to the general meeting of members of the partnership on its activities.

56. Procedure for making payment for housing and utilities

Citizens and organizations are required to timely and fully pay for housing and utilities (Article 153 of the LC RF). The law identifies 5 categories of persons obliged to pay the specified fee:

1) 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 a contract for the lease of residential premises of the 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;

5) the owner of the dwelling from the moment the right of ownership to the dwelling arises.

Depending on belonging to a particular category, the composition of the payment for housing and utilities is determined:

▪ for the tenant of residential premises occupied under a social tenancy agreement or a rental agreement for residential premises of the state or municipal housing stock, a fee is provided for the use of residential premises (rental fee);

▪ for the owner of premises in an apartment building, the payment for residential premises includes the payment for major repairs of common property in an apartment building (major repairs of common property in an apartment building for tenants under a social tenancy agreement are carried out at the expense of the owner of the housing stock - the state or municipality).

The remaining items in the structure of payment for housing and utilities are the same for all categories:

▪ payment for the maintenance and repair of residential premises, including fees for services and work on managing an apartment building, maintenance and routine repairs of common property in an apartment building;

▪ payment for utilities - payment 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).

The procedure for making payments for residential premises and utilities is determined on the basis of an agreement between the tenant under a social tenancy agreement and the landlord or owner of the residential premises and the managing organization. The provisions defined by the LC RF may be changed by agreement between the parties. Payment for housing and utility services is paid monthly until the 10th day of the month following the expired month on the basis of payment documents submitted no later than the 1st day of this month.

Non-use by owners, tenants and other persons of the premises is not a reason for non-payment of payment for residential premises and utilities. In this case, only a recalculation of fees for the types of utilities that are paid on the basis of consumption standards can be made.

In the event of a change in the amount of payment for residential premises and utilities, the landlord or managing organization is obliged to inform in writing, respectively, tenants and owners of residential premises in an apartment building no later than 30 days before the date of submission of payment documents, on the basis of which a fee in a different amount will be paid. .

Persons who have late and (or) not fully paid the payment for housing and utilities (debtors) are obliged to pay to the creditor a penalty in the amount of one three hundredth 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 of delay. An increase in the established amount of penalties is not allowed (clause 14, article 155 of the LC RF).

57. The amount of payment for housing and utilities

The amount of payment for housing is determined by Art. 156 ZhK RF. The obligation to pay the costs of capital repairs of an apartment building applies to all owners of premises in this building. Upon transfer of ownership of the premises in such a house, the obligation of the previous owner to pay the costs of major repairs passes to the new owner.

The payment for the maintenance and repair of residential premises is established in the amount that ensures the maintenance of common property in an apartment building in accordance with the requirements of the law. For tenants under social rental agreements and rental of residential premises of state or municipal housing stock, the amount of this fee and the amount of rent is determined based on the occupied total area of \uXNUMXb\uXNUMXbthe dwelling (in separate rooms in dormitories, based on the area of \uXNUMXb\uXNUMXbthese rooms). The amount of payment for the use of residential premises (rental fees) of the state or municipal housing stock is established depending on the quality and amenities of the residential premises, the location of the house.

The amount of the rent must not give rise to the right of the tenant of the dwelling to a subsidy for the payment of the dwelling and utilities. For some categories of citizens, other conditions for determining the amount of rent may be provided.

The amount of payment for housing for citizens living in residential premises of houses of the social service system, in residential premises of funds for temporary accommodation 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 by the owners of these residential premises.

The amount of payment for the maintenance and repair of a dwelling in an apartment building in which no HOA or specialized consumer cooperative is established is determined at a general meeting of the owners of the premises and is established for a period of at least 1 year.

The amount of mandatory payments and (or) contributions of members of the HOA or a 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 these organizations in accordance with their charters.

Low-income citizens, recognized as such in the prescribed manner, are exempted by the Housing Code of the Russian Federation from making payments for renting housing under a social tenancy agreement.

If the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building does not correspond to inadequate quality and (or) is carried out with interruptions exceeding the established duration, the amount of payment for the relevant work or services is subject to change.

The amount of payment for utilities (Article 157 of the LC RF) is calculated 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, with the exception of the standards for the consumption of utilities for electricity supply and gas supply, approved by the state authorities of the constituent entities of the Russian Federation.

A change in the form of ownership of a dwelling, the grounds for using a dwelling, the formation or liquidation of an HOA or a specialized consumer cooperative is not a basis for changing the amount of payment for utilities.

In the event of the provision of public services of inadequate quality and (or) with interruptions exceeding the established duration, the amount of payment for the relevant services is subject to change.

58. The concept of registration

Registration registration is established in order to ensure the necessary conditions for citizens to exercise their rights and freedoms, as well as to fulfill their obligations to other citizens, the state and society (Rules for registration and removal of citizens of the Russian Federation from registration 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, 1995 No. 713 with the last amendment and add.)).

Registration authorities in cities, towns, rural settlements, closed military towns, settlements located in the border zone or closed administrative-territorial formations in which there are internal affairs bodies are internal affairs bodies, in other settlements - local authorities. self-government. In accordance with the Decree of the President of the Russian Federation of July 19, 2004 No. 928 (as last amended and supplemented), registration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation is also carried out by the Federal Migration Service, which is also endowed with the function control over the observance by citizens and officials of the rules of registration and deregistration.

Place of residence - a place where a citizen temporarily resides - a hotel, sanatorium, rest home, boarding house, campsite, hospital, tourist base, other similar institution, as well as residential premises that are not the place of residence of a citizen.

Place of residence - a place where a citizen permanently or predominantly lives as an owner, under a contract of hiring (sublease), social hiring, or on other grounds provided for by law - a residential building, apartment, office dwelling, specialized houses (dormitory, hotel - shelter, house of the maneuvering fund, a special home for the lonely and the elderly, a boarding house for the disabled, veterans, etc.), as well as other residential premises.

Responsible for the registration of citizens are officials who hold permanent or temporary positions related to the performance of organizational and administrative or administrative and economic duties to monitor compliance with the rules for the use of residential premises and social premises. They may be officials:

▪ housing maintenance organizations of state and municipal housing funds;

▪ housing construction and housing cooperatives;

▪ hotels, campsites, tourist centers, sanatoriums, holiday homes, boarding houses, hospitals, specialized houses and other social institutions;

▪ joint stock companies and other commercial organizations;

▪ other state and municipal organizations and institutions that have housing stock under the right of economic management or the right of operational management.

In a number of cases, determined by law, registration of citizens at the place of stay and at the place of residence is carried out subject to restrictions:

▪ in the border zone, closed military camps, closed administrative-territorial entities;

▪ in areas of environmental disaster;

▪ in certain territories and settlements, where, in case of danger of the spread of mass infectious and non-infectious diseases and poisoning of people, special conditions and regimes for the population’s residence and economic activity have been introduced;

▪ in territories where a state of emergency or martial law has been declared.

Citizens are required to register at the place of stay and at the place of residence with the registration authorities and comply with the Rules for the registration and deregistration of citizens at the place of stay and at the place of residence.

59. Registration of citizens

Citizens who have arrived for temporary residence in residential premises that are not their place of residence for a period of more than 90 days are obliged, after the specified period, to contact the officials responsible for registration and submit:

▪ identity document;

▪ application in the established form for registration at the place of residence;

▪ a document that is the basis for the temporary residence of a citizen in the specified residential premises (tenancy (sublease) agreements, social tenancy of residential premises or an application from the person providing the citizen with residential premises).

An identity document of citizens of the Russian Federation may be:

▪ passport of a citizen of the Russian Federation;

▪ birth certificate - for persons under 14 years of age;

▪ a passport identifying a citizen of the Russian Federation outside the Russian Federation - for persons permanently residing outside the Russian Federation.

The specified documents within 3 days from the date of the citizens' application are transferred to the registration authorities, which, within 3 days from the date of receipt of the documents, register citizens at the place of stay in residential premises that are not their place of residence, and issue them a certificate of registration at the place stay.

Registration of citizens at the place of stay in residential premises that are not their place of residence is carried out for a period determined by mutual agreement:

▪ with tenants and all adult citizens living together with them, subject to living in state or municipal housing stock;

▪ with owners of residential premises;

▪ with the boards of housing construction or housing cooperatives, if the members of the cooperatives are not the owners of these residential premises.

Registration of minor children at the place of stay of parents (adoptive parents, guardians) is carried out regardless of the consent of these persons.

Registration of citizens at the place of stay in a hotel, hospital, tourist base or other similar institution is carried out upon their arrival by the administration of these institutions on the basis of identity documents.

Registration of citizens at the place of stay is carried out without their deregistration at the place of residence.

A citizen who has changed his place of residence is obliged, no later than 7 days from the day of arrival at a new place of residence, to contact the officials responsible for registration and submit:

▪ identity document;

▪ application in the established form for registration at the place of residence;

▪ a document that is the basis for moving into residential premises (order, agreement, certificate of right to inherit residential premises, a court decision recognizing the right to use residential premises, a statement from the person who provided the citizen with residential premises, or another document or a duly certified copy thereof).

The specified documents with address sheets of arrival and forms of statistical accounting are transferred within 3 days from the date of the application of the corresponding citizen to the registration authorities, which, within 3 days from the date of receipt of the documents, register the citizen at the place of residence and make a note in his passport about registration at place of residence. Citizens whose registration is carried out on the basis of other identity documents are issued a certificate of registration at the place of residence.

According to the Law of the Russian Federation of June 25, 1993 No. 5242-I "On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation" (as amended and supplemented), registration of citizens is free of charge.

60. Deregistration of citizens

Citizens are considered deregistered at the place of stay in residential premises that are not their place of residence, after the expiration of the periods specified in their applications for registration at the place of stay, and in hotels, sanatoriums, rest houses, boarding houses, campsites, hospitals, tourist bases and in other similar institutions - upon their retirement. Applications from citizens to remove them from the registration at the place of stay and compiling address sheets of departure for them are not required.

Deregistration at the place of residence of citizens who are denied recognition by the Federal Migration Service of the Ministry of Internal Affairs of the Russian Federation or divisions for migration of the Ministry of Internal Affairs, departments and main departments of internal affairs of the constituent entities of the Russian Federation as forced migrants is carried out on the basis of notification by these bodies of the registration authorities.

Removal of a citizen from the registration at the place of residence is carried out by the registration authorities in the case of:

▪ change of place of residence - on the basis of a citizen’s application for registration at a new place of residence or an application for deregistration at his place of residence. When registering at a new place of residence, if the citizen has not deregistered at his previous place of residence, the registration authority is obliged to send a corresponding notification to the registration authority at the citizen’s previous place of residence within 3 days to remove him from registration;

▪ conscription for military service - based on a message from the military commissariat;

▪ Conviction to imprisonment - on the basis of a court verdict that has entered into legal force;

▪ recognition as missing - on the basis of a court decision that has entered into legal force;

▪ death or declaration of death by a court decision - on the basis of a death certificate issued in the manner prescribed by law;

▪ eviction from an occupied residential premises or recognition as having lost the right to use residential premises - on the basis of a court decision that has entered into legal force;

▪ detection of untrue information or documents that served as the basis for registration, as well as unlawful actions of officials when deciding the issue of registration - on the basis of a court decision that has entered into legal force.

In some cases, when deregistering citizens at the place of residence, the relevant documents may be submitted by interested individuals and legal entities.

The registration authorities, on the basis of the documents received, remove citizens from the registration at the place of residence within 3 days. In the passports of citizens deregistered at the place of residence (except for the dead, as well as citizens recognized as missing, declared dead or who left for a new place of residence without being deregistered), marks are made about deregistration at the place of residence. Marks on deregistration at the place of residence of citizens registered with other identity documents are made in the certificate of registration of citizens at the place of residence.

In cases where, as a result of checking the departed citizens, it is established that they have an outstanding or unexpunged criminal record, registration cards of persons with criminal record.

1 Decree of the Government of the Russian Federation of January 28, 2006 No. 47 "On approval of the Regulations on the recognition of premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition"

2 Federal Law of October 25, 2002 No. 125-FZ "On Housing Subsidies for Citizens Leaving the Far North and Equivalent Localities"

Author: Ryabchenko E.A.

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