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INTRODUCTION

Urgency of a theme of research. Management of apartment houses originates the development from the moment of realisation in housing and communal services of the transformations directed on optimisation of participation of public structures in this sphere and redistribution of responsibility on proprietors of a premise in an apartment house.

Reconsideration of problems of reform of housing and communal services took place after introduction essentially new, but the imperfect Federal act źAbout associations of proprietors of habitation╗ 1 which positions represented the reception of legal regulation of management of apartment houses from continental Europe. Unavailability of a society to independent management of houses has been predetermined taking place throughout long time in Russia вытеснением* public structures from this sphere, administrative pressure, and also inability of the state to provide the decision of problems of management by apartment houses an effective legal mechanism of realisation. Many associations of proprietors of the habitation, self-confidently organised by proprietors of premises in apartment houses, after the introduction ╗owing to the Federal actź About associations of proprietors of habitation ╗have appeared incapable to cope with maintenance of safety of available housing and have been forced to transfer control to professional participants of it rshka services. Therefore the association of proprietors of habitation as a way of management of an apartment house did not become a support of system of reforming ^ housing and communal services".

В* Present time, in connection with acceptance of the Housing code of the Russian Federation {further - ZHK the Russian Federation), legal regulation of management by apartment houses worries a new stage. The increasing number

1 SZ РФ.1996. N 25. Item 2963. The concept of reform of housing and communal services, approved by the Decree of the President of the Russian Federation źAbout housing and communal services reform╗ from April, 28th, 1997 №425.

3 SZ the Russian Federation. 2005. N 1 (a part 1). Item 14.

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Proprietors of premises in apartment houses realise necessity of a choice of an optimum way of management, but also as well as earlier, are at a loss to make this choice. Similar difficulties are connected as with insufficient knowledge of the population, and absence of the state support. Besides, in population operation there is an out-of-date and shabby available housing, a choice of a way of management which is not justified by motive of its safety. In the present! The moment creation of association of proprietors of habitation is one of effective mechanisms of managerial process by an apartment house as mediates the coordination of interests of proprietors of premises of apartment houses and problems of reforming of housing and communal services. The concept of reform of housing and communal services has given to this way of management legitimate character and named its one of the most perspective in respect of achievement of the planned results.

The created associations of proprietors of habitation, having typed by experience and having liquidated blanks in understanding of legal and economic questions of management, make reconstruction - and building, introduce resursosberegajushchie technologies, transfer on vozmezdnyh the beginnings to the third parties the ground areas and other objects of the community property, allowing proprietors to save considerable means for the maintenance and house operation, create workplaces and solve other problems promoting creation of an optimum microclimate within the limits of an apartment house.

In norms operating civil and the housing legislation, devoted to management of apartment houses of associations of proprietors of habitation, there are blanks and the contradictions complicating both managerial process, and the mechanism of its realisation.

Recently to questions of civil-law regulation of management apartment houses and, in particular, to associations of proprietors, habitation give a lot of attention. But in a modern science only separate criteria of management as effective mechanism of safety of an available housing are formulated, the general questions connected with ways of management by apartment houses are investigated only, at

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Absence of the complete system analysis of management of apartment houses as activity process, and also consideration of such way of management as association of proprietors of habitation.

Managerial process by apartment houses is the new institute existing no more ten of years. And even the modern housing legislation does not allow to consider set of the specific questions following at practical realisation of management, beginning from definition poobektnogo structure of the community property of proprietors of premises of an apartment house and finishing forms of responsibility of association of proprietors of habitation for activity on management of an apartment house.

All it testifies to an urgency of a problematics and defines a choice the author of a theme of dissertational research.

Degree of a scientific readiness of a theme. The theoretical basis of dissertational research was constituted by fundamental works of the scientists-lawyers investigating various aspects of the property right and the right of the joint property, a liability law, management of property, and also contractual designs in confidential management of property, such as: M.M.Agarkov, V.K.Andreeva, S.S.Alexey, M.I.Braginsky, S.N.bratus, A.V.Venediktov, V.V. Vitrjansky, D.M.Genkin, O.A.Gorodov, V.P.Gribanov, N.G.Doronin, D.F.Yeremeyev, O.S.Ioffe, V.P.Kamyshansky, SEE Korneyev, I.L.Korneyev, O.A.Krasavchikov, P.V.Krasheninnikov, V.A.Lapach, V.N.Litovkin, R.P.Manankova, V.F.Maslov, D.I.Meyer, L.M.Minkin, I.B.Novitsky, V.A.Rjasentsev, O.N.Sadikov, P.I.Sedugin, A.P.Sergey, K.I.Sklovsky, E.A.Sukhanov, V.A.Tarhov, A.A.Titov, JU.K.Tolstoy, P.O. Halfina, G.F.Shershenevich, etc.

Separate aspects of a theme of dissertational research were exposed earlier to the analysis in various scientific works. So, in O.N.Bobrovskoj's work źthe condominium as object of the civil rights╗, aspects of formation of an imushchestvenno-ground complex and its components for management of association of proprietors of habitation are investigated; O.I.Vlasovoj's work źlegal regulation of relations of the property on the general

6 имущество* an apartment house ╗opens вопросы* definitions of objective structure, the community property╗ and limits, its use by proprietors of premises of an apartment house; work VžS. Ermakova źlegal regulation of activity of associations of proprietors of habitation╗ it is devoted formation of association of proprietors of habitation? How legal? Persons; for?; the purposes; managements of the multiroom: the house;, однако* it completely? It is based on lost force Федеральном* the law; ź0 association of proprietors of"habitation"; work Є.ju; SHahovaź the Legal essence and ways of management of an apartment house ╗has subjected to the analysis ways of management of apartment houses.

The such; in the image, managerial process as purposeful ╗the activity-special of subjects called; to satisfy, to requirements собственникові premises; an apartment house in? Available housing and reception preservation? Necessary accompanying services it was considered nesistemno, within the limits of research of other adjacent questions;

Researches; managerial process; multiroom the house association? Proprietors of habitation as; one of the basic ways-upravlenijavramkah of dissertational works it was not spent.

To separate questions: the works, following researchers are devoted managements of apartment houses: RR Alljamova, 0:И; Vlasovoj, Л:Ю. Krudtsynoj, И:А: Drozdova; In; S.Ermakova; ę іЕ. ZHulevoj, E.A.Kamenevoj; E.B.Kozlovoj. П:В. Krasheninnikov; ISH. Mironov, G.F. Pevnitsky;. A.V; popova; A.B; Ryzhov; Д:Б; Savelyev; ПіИ: Sedugina, U.B: Filatovoj, SJU. SHahova; ЛіВі SHCHennikovoj; E.A.Chefranovoj and others.

Object? Researches are legal relations; developing in the course of realisation of activity of association of proprietors! Habitation on management of an apartment house, as basic way of management; an apartment house from among defined by operating housing legislation.

The object of research constitutes the body of rules civil and the housing law, regulating activity of association of proprietors of habitation on management of an apartment house; and also judicial

7 and pravoprimenitelnaja practice.

The purpose of dissertational research is system research of activity, осуществляемой* association: proprietors of habitation on management of an apartment house, directed on satisfaction of consumer interest of proprietors of premises in an apartment house, on the basis of the analysis of existing ways; managements ^ and also development предложений* on perfection operating civil izhilishchnogo legislations.

Purpose achievement; исследования* обеспечивается* in process: решения* following problems:

- To specify and concretise правовое:понятие activity of associations, proprietors, habitation on management of an apartment house on a basis обобщения* a theoretical material and proceeding ╗from positions of the operating? Civil and the housing legislation;

- To consider specificity of process: managements of an apartment house within the limits of the ways defined by the housing legislation;

- To define, subektnysh structure of process, management of an apartment house and criteria of allocation: the objects of the joint property transferred in control;

- To show features of carrying out state ^ monitoring systems for ought osushchestvleniemdejatelnosti associations of proprietors of habitation? On management of an apartment house and to prove necessity of its combination; with self-regulation procedure ■: • ■ managing directors in the market of corresponding services;

- To define g limits of responsibility of the managing director (the managing director; the organisations) ' in the course of realisation ^ activity on management? Apartment houses;

- To carry out the retrospective analysis of development, management; apartment houses in the Russian Federation;

- To study, foreign experience of the organisation of management ^ apartment houses;

- To reveal, the most significant problems arising at realisation

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Association of proprietors of habitation of activity on management of apartment houses to establish the reasons of occurrence of the given problems and ways of their elimination, including by perfection of operating rules of law.

Methodological basis of research constitute a general scientific dialectic method, along with which author were used chastnonauchnye knowledge methods: system, is formal-logic, historical, legallistic, linguistic, rather-legal, empirical. The historical method allows to track history of development of institute of management of apartment houses from the moment of its occurrence up to now in the Russian doctrine and practice. The system method assumes studying of the given institute in a complex, and not just studying of its separate parts. Is formal-logic and legallistic methods are used at the analysis of regulatory legal acts, a formulation of author's definitions.

During research the system analysis of norms of the federal housing and civil legislation, the subordinate legislation, normative acts of subjects of the Russian Federation, is concrete-sociological research of judiciary practice of their application, the comparative analysis of theoretical works were carried out, receptions of dialectic and formal logic were used. The empirical method is important that the legal institution analysis was not limited only to the theory, but also was based on practical application of rules of law.

Standard base of research standard legal acts of the Russian Federation, certificates of subjects of the Russian Federation, the subordinate legislation have constituted, explanations and recommendations of the Supreme Court of the Russian Federation, and also the decision of vessels of various instances about concrete affairs.

Scientific novelty of dissertational research consists that it is one of the first works devoted to system research of relations, arising at realisation of activity of association of proprietors of habitation on management of an apartment house.

In work author's definition źactivity of association of proprietors of habitation on management of an apartment house╗ is formulated. Offers on perfection of norms civil are stated and

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The housing legislation for optimisation of activity of association of proprietors of habitation on management of an apartment house. It concerns, first of all, to the legal capacity of the chairman of board of association of proprietors of habitation, making contract of management by an apartment house, establishments of the list of works and services given by operating organisation under the contract upravlenija.mnogokvartirnym the house.

Necessity - of fastening of the mechanism of compulsion, to making contract, managements, by an apartment house, proprietors of the premises refusing its conclusion on a voluntary basis is proved.

The expediency of an establishment of compulsory insurance is proved; гражданской1 responsibility of the operating organisations under contracts, managements of an apartment house.

On the basis of research conclusions are drawn and offers on perfection of the legislation of the Russian Federation, the recommendation about application ╗subjects of legal relations on management of apartment houses are developed.

The scientific. "Novelty of dissertational research contains in the theoretical author theoretical and practical positions which are taken out on protection.

As a result of the spent research - on protection following positions are taken out:

1. It is offered ' author's definition źto activity of association of proprietors of habitation on management of an apartment house╗ which is considered as the process consisting of set interconnected and vzaimoobuslovlennyh of actions of parties liable, including the professional participants, directed on satisfaction of interest of proprietors of premises in an apartment house on maintenance of its safety, appropriate functioning and the maintenance according to the established norms, and also on granting of services and performance of works for proprietors of premises in an apartment house.

Thus the association of proprietors of habitation can carry out activity on management of an apartment house in three forms: on a basis

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Memberships, without the conclusion with copartners of the corresponding contract of management of an apartment house; on the basis of the contract of management of the apartment house concluded, in particular, with not by copartners; and also on the basis of the contract of management of the apartment house concluded with operating organisation or managing directors.

2. With a view of • unifications of positions about the contract of management of an apartment house it is expedient to fix in item 1 of item 162 ZHK the Russian Federation a rule about the conclusion of the uniform contract of proprietors of premises in an apartment house with operating organisation (in a case, activity on management of an apartment house carries out association of proprietors of habitation with proprietors of premises in an apartment house, being not copartners), having given such right to the selected works on general meeting to the representative. Thus it is necessary to estimate the size of the payment brought by each of joint owners under blanket tariffs taking into account a share of each of proprietors of premises in an apartment house in the community property.

3. Absence of the mechanism of compulsion to making contract of management by an apartment house of proprietors of premises in it, refusing its conclusion on a voluntary basis, as at other proprietors of premises in an apartment house, and at association of proprietors of habitation and other operating organisation is revealed.

Proceeding from sense of item 5 of item 46 ZHK the Russian Federation general meeting decisions are obligatory for all proprietors, and evasion of the proprietor from management making contract infringes on interests of other proprietors. It is expedient to recognise behind general meeting of proprietors, copartners of proprietors of habitation, and also the specialised organisation involved for management with an apartment house, the right to demand execution of the decision of general meeting under compulsion.

4. The analysis of norm of item 144 ZHK allows to approve the Russian Federation: the chairman of board of association of proprietors of habitation is not a part of controls of association of proprietors of habitation. However, proceeding from positions of item 149 ZHK the Russian Federation, the chairman of board of association carries out functions

11 individual executive office of management. It has the right to make independently some transactions on behalf of association of proprietors of habitation and by that occupies the isolated position in relation to. To general meeting of members ^ associations and to association board.obrazuja the third element in hierarchical structure of bodies of a society: general meeting-board - the chairman.

With a view of bar of claim by lapse of time of the order by money resources of association of proprietors of habitation at the discretion of the chairman of board, it is expedient to limit powers of the chairman of board - по* to transactions of association of proprietors of the habitation, having a high cost index.sovershenie which it can be carried out tolkoposle approval by board or general meeting of copartners: the Given restriction is expedient for establishing in the charter of association of proprietors of habitation.

5. It is revealed, that under the contract of management the apartment house does not give utilities. All powers of association of proprietors of habitation or other operating organisation in sphere of rendering of utilities on. To management of an apartment house are limited to representation of interests in relations with resursosnabzhajushchimi the organisations and maintenance in any part of serviceability of used devices and the equipment, the utilities connected with consumption. In this connection predlagaem.izlozhit item 2 of item 162 ZHK the Russian Federation in the following edition: ź Under the contract of management of an apartment house one party (the operating organisation) on the instructions of other party (proprietors of premises in an apartment house, controls of association of proprietors of habitation or controls of a housing co-operative or controls of other specialised consumer co-operative society) during an agreed period for a payment undertakes to render services and to perform works on the appropriate maintenance and community property repair in such house, and also to carry out other directed on achievement of the purposes of management by an apartment house activity, including activity on maintenance of granting of utilities and resources ╗.

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6. It is proved, that to associations of proprietors of the habitation, exercising administration of apartment houses, and apartment houses it is expedient to other professional participants of managerial process to found the self-adjustable noncommercial organisations, membership in which will carry a binding character. It will allow end users of works and services, i.e. proprietors of premises in an apartment house, to conclude the contract of management of an apartment house only with those operating organisations which are recommended by association of professional managing directors, excepting assumption possibility to management of the subjects, done not pass certifications and certifications within the limits of operating association.

Thereupon it is offered - to add section VIII ZHK the Russian Federation with article in the following - edition: źMembership of subjects enterprise or professional work on management of apartment houses in the self-adjustable organisations is obligatory╗.

7. It is established, that in the absence of licensing of activity of the operating organisations, with a view of maintenance, interests of proprietors of premises in an apartment house, it is expedient to establish requirements to the minimum size of the charter capital such-organisation, and also to enter procedure of compulsory insurance of a civil liability of the operating organisations under contracts of management of an apartment house. The sum insured should correspond with cost ╗the apartment house community property, and also the size of means of the proprietors brought on the maintenance and repair of specified property.

Fastening of compulsory insurance of responsibility of managing directors, and also requirements about the size of the charter capital approved by a trade union or association of managing directors, will deduce from the market of services in management of the organisation apartment houses, not capable to bear property responsibility for the professional work before proprietors of premises in the apartment houses selected association of proprietors of habitation as a way of management and delegating such powers to the special subject - to a member of the self-adjustable organisation.

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The theoretical and practical importance of research consists that the specialised housing-legal problematics was considered from a point зрения1 the civil doctrine. Theoretical positions containing in work allow to plan new problems ╗in studying of activity of association of proprietors of habitation on management of an apartment house, and also can serve as a material for the further scientific researches. Positions and dissertation conclusions can be used at definition of prospects - of development╗ institute of management of apartment houses as sistemoobrazujushchego a component of the modern legal approach to questions of safety and available housing use. Results of research can применяться* at teaching of courses "Civil law", "Housing law", and. Also at> to preparation of the educational and uchebno-methodical literature.

The practical importance is defined by that the received conclusions and the formulated recommendations can be applied для* perfection and elimination of lacks of existing legal regulation of activity of association of proprietors of habitation on management multiroom the house, and also efficiency increases pravoprimenitelnoj activity.

Theoretical conclusions and the practical recommendations made in work, can promote perfection, pravoprimenitelnoj experts, and also activity of associations of proprietors of habitation.

Research approbation-results. Substantive provisions and research conclusions are stated scientific publications of the author and в* performances at scientific conferences, and also introduced in educational, process at lecturing at the rate "Housing law" at approval by chair of civil law of the All-Russia state tax academy of the Ministry of Finance ^rossijskoj - Federations.

Dissertation structure. The executed work consists of the introduction, three heads including eight paragraphs, the conclusions, the list of sources and the literature.

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A source: Zakuskin Alexander Andreevich. Civil-law regulation Activity of association of proprietors Habitation on management of an apartment house. The dissertation on competition of a scientific degree of the candidate legal naukju Moscow - 2009. 2009
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More on topic INTRODUCTION:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. Introduction
  11. Introduction
  12. INTRODUCTION
  13. Instead of Introduction …
  14. PRACTICAL INTRODUCTION OF RESULTS OF WORK
  15. 5. Attention strengthening to questions of legal introduction.
  16. Introduction
  17. Introduction
  18. Introduction
  19. Introduction