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§ 3. The Community property in an apartment house and an apartment house as objects of legal regulation

ZHK the Russian Federation does not give concept to the community property, an apartment house. Therefore it is necessary to understand what to understand as that and another.

Article 290 GK the Russian Federation and item 36 ZHK the Russian Federations define the community property a lot of - condominium by transfer poobektnogo structure of such property.

Thus the list of the elements forming the community property, in ZHK the Russian Federation is constituted

More widely, and unlike the list containing in item 1 of item 290 GK the Russian Federation, is not settling. Later the legislator has gone further away and in changes in ch. 1 item 36 ZHK РФ1 the community property list in an apartment house pu - that has specified its transfers in subparagraphs in which words are used "including", "including", "other", "others". Analyzing them, it is possible to allocate four groups of elements:

1. Constructive elements which cannot be parts of apartments, for example, interroom platforms, ladders, lifts, liftovye and other mines, corridors, attics, cellars, etc.

2. Protecting bearing and not bearing designs, and also the engineering equipment which is both outside of, and in premises and obslu - zhivajushchee more than one premise.

3. The separate premises intended for satisfaction sotsial - but-household requirements, but separate persons not being in the property, for example, premises for the organisation of leisure, cultural development, children's creativity, playing sports, etc.

4. The ground area with gardening and accomplishment elements, and so - other objects located on it.

As we see, the legislator has more carefully approached to objective opredele - niju the elements concerning the community property, proceeding from technical or social appointment of these objects, however transfer remains renumber -

niem.

It is more logical to provide criteria of reference of elements and objects to about - shchemu to apartment house property, instead of to try to use a method pe - rechislenija all what probably to carry to the community property. Prisoedi - nimsja to A.Kazakovoj and O.Vilesovoj's opinion that such principles and kri -

terii should and can be considered, since a stage of creation design to dock -

1 See: FZ the Russian Federation from June, 4th, 2011 № 123-FZ «About modification of the Housing code of the Russian Federation and separate acts of the Russian Federation»//Meeting of the legislation of the Russian Federation.

– 2011. – № 23. – Item 3263.

mentatsii and receptions of necessary coordination at a design stage and buildings multiroom дома1.

Analyzing the list of the elements which are a part of the community property from the technical point of view, it is possible to notice, that all of them it is constructive and about - stranstvenno are connected among themselves. For example, the roof and a cellar incorporate me - I wait itself bearing designs, since the base, ladder mar - shami and platforms, lift mines etc. Engineering communications probottoms - vajut all elements of the house, and also the ground area. Elements of gardening and bla - goustrojstva, located on the ground area, also intended for operation of an apartment house and favorable residing of people.

On - it there is no such element which would not be out of communication with others. From here it is possible to allocate a principle – technical, spatial and target vzaimosvja - zi objects of the community property among themselves.

Signs (criteria) of reference of an element to the community property a lot of - condominium are:

1) the element (object) should not be an apartment part (uninhabited pome - shchenija) and should not be in the property of separate persons;

2) prednaznachennost an element (object) for service more than one premise;

3) the special-purpose designation of an element (object) – for operation is a lot of - condominium and satisfaction of social requirements sobstven - nikov premises;

4) an arrangement of an element (object) within borders ground learning - stka, allocated under an apartment house.

All four sign should be in aggregate. From here follows, that

The object which is not answering at least to one of them, cannot be considered as the general.

1 See: Kazakova A, Vilesova O.Novyj the Housing code of the Russian Federation: regulirova - nie institute of the community property of an apartment house and management of it//the Appendix to magazine «the Economy and the right». – 2005. – № 4. – With. 9.

Applying to elements the signs, allowing to carry this or that object to the community property, it is possible to name community property all entirely uniform not - a dividend object. However each element has the technical name and mission, therefore the community property it is possible to name a complex an ale - of cops. From the legal point of view is a complex of property, besides it would be possible to recognise it as real estate as it is formal it podpa - gives under signs of item 130 GK the Russian Federation.

Not so long ago ZHK the Russian Federation has replenished with article 36.11 about the general monetary sredst -

vah which will be on the special account and to intend for about - major repairs conducting in an apartment house. Certainly, that the given money resources of proprietors of premises belong to them not on real right, and have the obligations nature. Therefore they cannot be carried to elemen - there the general real estate in an apartment house. However they can be ranked as the general complex of property of joint owners as any of them cannot demand allocation of the share of money resources. Besides it money resources have property of following at right transition actually - sti to the new purchaser of a premise in the given house.

Let's stop on the analysis of the general real estate. Developers ZHK the Russian Federation define the apartment house community property as a complex not - a personal estate which parts are intended for service, ispol - zovanija and access to помещениям2. The Community property is object of the joint property, thus separate elements of the community property are not sa - mostojatelnymi legal objects. Though the community property is in the common property, proprietors are practically deprived traditional the right - mochy. In particular, joint owners have not the right to carry out section of it is

stva and to allocate in nature from it a certain share, that is it is impossible opre -

1 See: the Federal act from 25.12.2012 № 271-FZ «About modification of the Housing code of the Russian Federation and separate acts of the Russian Federation and a recognition become invalid for separate positions of acts of the Russian Federation»//Meeting of the legislation of the Russian Federation. – 2012. – № 53 (CH. 1). – Item 7596.

2 See: the Article by article comment to the Housing code of the Russian Federation / Under the editorship of P.V.Krasheninnikov.

– WITH. 184.

Division poobektnoj community property accessories concrete sosobst - vennikam. According to ch. 1 item 36 ZHK the Russian Federation, the community property as a whole, and a share in the joint property right can be only at proprietors on - meshcheny in an apartment house. The given circumstance has served osnovani - I eat for A.E.Tarasovoj's conclusion that according to item 129 GK the Russian Federation the apartment house community property, as well as a share in the right to the community property, jav - ljaetsja the object limited in a turn which can belong to only certain participant – to the proprietor of a premise in доме1.

Despite inadmissibility of disposal of community property in a kind from -

chuzhdenija, it as it is represented, is not absolute. So, the legislator supposes possibility of granting of the community property of an apartment house in using to other persons (ch. 4 items 36 ZHK the Russian Federation, ch. 2 items 137 ZHK the Russian Federation). The contradiction Is available, consisting that the legislator, defining the general imushche - stvo as the uniform indivisible object, supposes possibility to other persons ispol - zovat parts of the community property which can appear in this case is allocated - nymi in nature.

Other contradiction consists that of this right other persons can take advantage only, instead of proprietors of premises in such house. In this case it is looked through also infringement of the rights of joint owners of the general imu - shchestva as any of proprietors of premises in the house can izja - to twist desire for a payment or it is free popolzovatsja separate objects about - shchego property. We will give an example.

In court with the claim about annulment of the rent contract of a roof about - ratilsja the proprietor of apartment in an apartment house to the managing director organi - zatsii. On a plaintiff's statement the given transaction mismatches the law as imu - shchestvo, given in rent, is the community property, and transfer to using to other persons is in the general meeting competence sobstven -

nikov premises. As the meeting was not spent, operating organiza -

1 See: Tarasova A.E.Oborotosposobnost of objects of the community property in an apartment house

//the Housing law. – 2006. – № 11. – with. 67.

tsija, having concluded the rent contract, has fallen outside the limits the established powers. In session of the court it has been established, that the tenant of a roof is a body - the radio company which is the proprietor of apartment in the same house. Reshe - niem the trial court which the court of cassation has left without izme - nenija, in the claim it has been given up. Thus the court has specified, that as the rent contract is concluded not with other person, and with the proprietor of premises, hence, it is also the joint owner of the community property. Compulsion of decision-making of general meeting concerning use possibility such sosobst - vennikom the community property do not provide neither Housing, nor Citizens - sky codes of the Russian Federation. Besides to court it is not given proofs of infringement of the rights of the claimant on using the community property. The in itself fact of realisation of using a community property part one of joint owners is not infringement of the rights of other joint owners of data имущества1.

For elimination of this contradiction it suggested to establish a rule, on to -

toromu the part of the community property generated in independent object, can be given in using to the third parties and proprietors pomeshche - ny in the given house for the needs which have been not connected with operation of an apartment house on the basis of contracts, under condition of the decision of this question on the general sob - ranii. The given decision should admit the administrative certificate. If ob - ekt it is not generated in independent one (some) proprietor (ov) on - meshchenija (y) can use a part of the community property for needs, it is not connected - nyh with operation of an apartment house without the decision of this question on about - shchem meeting provided that the given using will not break the rights and legitimate interests of all other proprietors and users of premises.

Practical experience testifies that is frequent in apartment houses cellars are maintained. Constructions of basement type basically schi -

Are thawed by a place of placing of engineering systems, but after carrying out sootvetst -

1 See: Definition of the Chelyabinsk provincial court from June, 24th, 2010 on business № 33-5162/2010//Archive of the Chelyabinsk provincial court.

vujushchego arrangements become suitable for independent ispolzo - vanija. Such premises in practice are called built in.

In a problem of necessity and allocation and alienation possibility neko - toryh objects of the community property in an apartment house specifies a number avto - a ditch. So, JU.P. fairly notices, that the interdiction for community property alienation as a whole is logical, however an interdiction for alienation of separate objects not always обоснован1. E.S Ermakov suggests to differentiate property, naho - djashcheesja in the common property of proprietors of premises of an apartment house on "alienated" and "inaliennable" 2.

Really, the community property legal regime in multiroom to - me as uniform indivisible object urged to provide a special-purpose designation mno - gokvartirnogo houses – residing of people. Therefore transfer to using and from - chuzhdenie even some objects of the community property can affect on without - pasnuju operation of all apartment house and accordingly harm premises and people living in them. It so categorical relation of the legislator to alienation of objects of the community property of an apartment house speaks. On the other hand, at an existing duty sob - stvennikov premises to contain the community property, use of some general objects for extraction of additional means (for example, koljasochnyh, dvornitskih, pantries, konserzhnyh, penthouses, attics, cellars, etc.) It would be rather useful. For an exception of the named contradiction, in our opinion, there is no the technique, allowing to establish object of the community property which can be technically and is spatially allocated, individualised and vpo - a consequence capable to be maintained by proprietors of premises for the general

Needs.

So, in court the Committee ground and property relations has addressed Is -

polnitelnogo committee of municipal union of Kazan with the claim to Open Company

1 See: JU.P.concept's Retinues and a legal regime of the community property of an apartment house//Zhi - lishchnoe the right. – 2006. – № 6. – with. 7.

2 See: Ermakov V. S. The concept of construction of legal system of administration of common property of the condominium (apartment house)//the Housing law. – 2004. – № 2. – with. 57-59.

«A drugstore 36.6» (Society). The reason of giving of the claim the applicant named that fact, that the cellars which are in apartment houses, in its opinion, are mu - nitsipalnoj the property. As one of them is occupied by a drugstore, the premise comes under to reclamation agrees item 301 GK the Russian Federation. The respondent against the claim objected and has explained, that the specified premise is technical as inside not - go communication networks settle down. For this reason basement pomeshche - nie such type belongs to house owners on the joint property right. The specified Society which also acts in the status of the proprietor pomeshche - nija in the house, has addressed to other proprietors and has received the consent on obust - rojstvo in a cellar of a drugstore after carrying out of corresponding repair. In the trial court the claim has been satisfied, as the court has considered, that by the introduction moment in actions of positions ZHK the Russian Federation at basements already was the proprietor. The previous decision has been cancelled by appeal court, and the decision of appeal instance has been supported by a court of review. Both vessels started with the fact, that disputable basements are tehniche - skimi, and therefore house owners have the right of the joint property. They and a feather -

Have given a cellar to the Society in urgent using on gratuitous основе1.

In the given situation crucial importance was that fact, that in data on - meshchenii there is a property which serves all house. However courts at the resolution of disputes about an object recognition the general or independent object often recognise that presence in the equipment serving more of one premise, is not good cause for a premise recognition in which this equipment is, the house community property. Therefore establish, whether have disputable premises independent znache -

nie, or they are intended only for service of all premises

1 See: the Decision of Presidium YOU the Russian Federation from 02.03.2010 № 13391/09 on business № a65 -

7624/2008-СГЗ-14/13//Sprav.-legal system "Guarantor".

In an apartment house, for what purposes of a premise intended originally and as they it was used in connection with этим1.

One more not settled question is the following. As otmecha - an elk above, the apartment house community property formally is not - a personal estate, however the law does not provide necessity gosu - donative registration of the rights to the given property neither as a whole, nor objective. When the new object of the community property will be allocated and individualised, wasps - novanie can be carried occurrence of the rights to it to creation new nedvizhi - wash things that should entail necessity of the state registration of the rights to the specified object.

As fairly notices E.M.tuzhilova, using such objects inhabitants of an apartment house in the absence of any the law - nogo a title only on the basis of the property right to premises pre - rotates such possession and using in fiction. As the author believes, such title should be defined, otherwise and usings sosob - stvennikov on the general auxiliary property it is difficult to transfer the right of possession and practically

It is impossible защитить2.

It is represented, that the given certificate is necessary also for observance private and public interests, namely for the control from the state for sover - sheniem transactions with community property elements in apartment houses.

Thus, compulsion of the state registration such obek - tov it is necessary to establish in ZHK the Russian Federation.

On the given problem we will pay attention to one more important being - telstvo. More often to a stage of allocation and an object individualization will be before -

To stride reconstruction of elements of the community property. The legislator predu -

1 See, for example: the Decision of Federal Arbitration court of the Ural district from October, 21st, 2009 № Ф09-8168/09-С6//Sprav.-legal system "Guarantor"; the Decision Fede - ralnogo Arbitration court of the Ural district from January, 22nd, 2009 № Ф09-9623/08-С6//Sprav.-legal system "Guarantor"; the Decision of the Fourteenth Arbitration Apelljatsi - onnogo Vessels from November, 27th, 2008 on business № А44-1312/2008//Sprav.-legal system "Guarantor".

2 Tuzhilova-Ordansky E.M.problem of protection of estates in land in civil law

Russia: the Monography. – M: Open Company «the Publishing house"Bukvoved", 2007. – With. 91.

smatrivaet one of possibilities of disposal of community property by about - reconstruction conducting. Reconstruction is possible only on the basis of the decision accepted by special majority of proprietors of premises (ch. 1 items 46 ZHK the Russian Federation), and if reconstruction entails community property reduction, only with the consent of all proprietors of premises in the given house (ch. 3 items 36

ZHK the Russian Federation). And reduction of the size of the community property is possible only by its reconstruction.

From the aforesaid follows, that allocation and an individualization of object from structure of the community property by reconstruction it is possible on the basis not - skolkih juridical facts:

1. In data it is a lot of - decision of general meeting of proprietors of premises a condominium about reconstruction and allocation of object from the community property and (or) subsequent use of the generated object;

2. The decision accepted by local government about the coordination of reconstruction and allocation of object from structure of the community property;

3. The inspection certificate about end acknowledgement rekonstruk - tsii object;

4. The certificate of the state registration of the right to the allocated object.

Thus, at allocation and an individualization of object from structure about - shchego property by reconstruction the similar rules established ZHK the Russian Federation for transfer of an uninhabited premise in the inhabited can be applied. Predstavlja - etsja, that intervention of local governments is necessary in such cases for safety maintenance as actions on reconstruction can entail infringement of fire-prevention, sanitary and other requirements, to uhud - sheniju conditions of operation of the community property and to infringement of the rights of citizens. In this case the element of public regulation is shown.

As shown above, though there are problems in mode definition obshche - go property in an apartment house, to its regulation in ZHK the Russian Federation is given dos - tatochno places that it is impossible to tell about an apartment house legal regime.

According to Position item 6 about a premise recognition inhabited pomeshche - niem, premises unsuitable for residing and an apartment house emergency and coming under сносу1 an apartment house admits sovokup - nost two and more apartments having independent exits or on the earths - nyj a site, adjoining to to an apartment house, or in premises of the general polzova - nija such house. The legislator does not result other concept. We will notice, that in the resulted definition it is not mentioned the community property of proprietors of premises.

So, the apartment house consists of several inhabited both uninhabited on - meshcheny and the elements of the community property intended for maintenance a cart - mozhnosti of using by these premises. There are various opinions from - nositelno the legal bond of premises and objects of the community property. So, Beliefs - hovnyj the Court of the Russian Federation has explained, that on sense of the current legislation of Dews - sijskoj Federations the premises (apartments) which are in multiapartments - nyh houses, concern difficult things (the apartment), is direct udo - vletvorjajushchih housing requirements of citizens, and also other general pomeshche - ny at home, being in common use (ladders, lifts, cellars, measles - dory, attics, roofs, etc.) And intended for service and obespeche - nija the main thing (apartment) and connected with it the general назначением2. We at - derzhivaemsja opinions of those authors which notice, that the position of the Supreme Court of the Russian Federation is not absolutely true. This statement by the argument - following mi is proved. In a court explanation differentiation in a legal regime of a difficult thing and the main thing and an accessory is not spent. The difficult thing arises in that case when diverse things form a single whole assuming them is vanie on a general purpose. According to item 134 GK the Russian Federation, actions of the transaction concluded concerning a difficult thing, extends on all its compound hour -

ti if the contract does not provide other. A thing intended for serve -

1 It is approved by the Governmental order of the Russian Federation from January, 28th, 2006 № 47//Meeting zako - nodatelstva the Russian Federation. – 2006. – № 6. – Item 702.

2 See: Definition of the Supreme Court of the Russian Federation from December, 25th, 2000 № 78-GOO-61//Sprav. - legal system "Guarantor".

vanija to other, main thing and connected with it a general purpose (prinadlezh - nost), follows destiny of the main thing if the contract does not provide other (the item

135 GK the Russian Federation). We will notice, inhabited both uninhabited premises and the community property in an apartment house are connected not only to destination, but also is constructive, that does not allow to consider them as diverse things. And one more important circumstance consists that as a part of a difficult thing nevoz - it is possible to combine object of a material world and a share in the right of the joint property to the community property in an apartment house. Such share cannot be vydele - on in nature, and dispose of it also not probably. Thus, optionality of norms of the item of item 134-135 GK the Russian Federation is excluded. Besides, if to consider about - shchee property as a component of a difficult thing as it is nosti, leaves, that on the ground area separate premises with the community property adjoining them are placed. Such object immovable imushchest - va as an apartment house in this case is denied completely.

A.Kazakova and O.Vilesova suggest to extend on legal vzaimo - communication of premises and a share in the right of the joint property to the general imushchest - in an enterprise legal regime as property complex and to name it is a property complex of the proprietor of apartment (inhabited and uninhabited pomeshche - nija) 1. As a possible variant the same authors suggest to consider one more legal design: the property right to a premise in ka - chestve «the main thing real» the rights and a share in the property right to the general imushche - stvo at home in quality of "accessory real right» 2. However authors are there and then reserved, that existence of the specified design is not provided by the current legislation.

Of this year Pevnitsky declares essentially new object: a property complex – difficult indivisible immovable composit object, in structure

Which there is a main thing and an inseparable accessory from it, koto -

1 See: Kazakova A, Vilesova O.Novyj the Housing code of the Russian Federation: regulirova - nie institute of the community property of an apartment house and management of it. – With. 38.

2 See: Kazakova A, Vilesova d. – with. 41.

ruju the author suggests to name a home ownership (and its proprietors it is respective - but – house owners) 1. To agree with opinion of the given author does not represent - sja possible because of already named lacks which accompany interrelation of a premise as the main thing and the community property as prinadlezhno - sti. Some other approach has been offered I.A.Drozdovym. In its opinion, premises in a broad sense – «the served property» consists of actually premises and the property intended for it serve - vanija – "serving", and are a difficult thing. "Served" and

"Serving" things are represented by independent objects of citizens - skih the rights and correspond among themselves as the main thing and an accessory of a special sort. Their separate turn is not supposed, including under the agreement hundred -

рон2.

Thus, reference of inhabited and uninhabited premises to objects grazh - danskih the rights at anybody does not raise the doubts, and in relation to the general imushche - stvu the common opinion is not present. It is thought, that the community property in an apartment house cannot be considered as independent object of the civil circulation in svja - zi with its dependent, specific appointment. Certainly, it is impossible rassmatri - vat inhabited both uninhabited premises and the community property of proprietors of premises in an apartment house out of communication with the house.

The legislator does not carry an apartment house to premises, sle - dovatelno, it is not object of the civil rights.

Approaches to definition of a legal regime of an apartment house at spe - tsialistov are various. So, I.A.ouzel specifies that the apartment house is not independent object of the real estate and represents set of one "serving" thing and several "served" ve -

The Russian cabbage soup which is in separate property several лиц3.

1 See: Pevnitsky Of this year the Right of the municipal property in apartment houses//the Lawyer.

– 2006. – № 2. – WITH. 52-54.

2 See: I.A.service's Ouzels of premises: civil-law regulation.

– M: the Statute, 2006. – With. 69.

3 See: I.A.in the same place's Ouzels. – with. 90.

JU.P. carries an apartment house to a special category imushchestven - nyh complexes – compound вещей1. Of this year Pevnitsky also considers mnogokvar - tirnyj the house as a property complex – type kvaziobektom. In opinion avto - ra, the house is uniform object not the civil rights, and public (grado - building and technical) регулирования2.

A little bit other opinion at E.A.Chefranovoj. It carries an apartment house to technical objects which does not admit neither uniform immovable ve - shchju, nor uniform object of real rights. It is a real estate complex, a complex of independent objects of the real estate, which separately learning - stvujut in civil обороте3. Proving the statement, E.A.Chefranova results V.V. Chubarova's opinion which believes, that the recognition of premises sa - mostojatelnymi objects of the real estate means simultaneous negation of a building as object of the real estate. The last in this case exists technically, but not юридически4. Apparently, these authors carry an apartment house to object of public laws.

We support the point of view about an apartment house as about nedvizhi - mom a property complex and we suggest to recognise as its uniform object of management and as possible (in certain cases) uniform object of citizens - skogo a turn. We will prove the given position.

Proceeding from classification of objects of the civil rights (item 129 GK), mno - gokvartirnyj the house it would be possible to carry the Russian Federation to other property, namely imushche - stvennomu to a complex.

Let's take advantage of generic characteristics of a property complex as pra -

vovoj a design allocated with V.A.Belovym5. Them concern: slozhnosostav -

1 See: JU.P.concept's Retinues and a legal regime of the community property of an apartment house.

– WITH. 6.

2 See: Pevnitsky Of this year Real rights on property in apartment houses. – with. 7.

3 See: CHefranova. E.A.legal regulation of property relations in an apartment house. – with. 15.

4 See: Chubarov V.V. n of an uninhabited premise as independent object not - the personal property//the Right and economy. – 2003. – № 3. – with. 15.

5 See: Belov V. A. Property complexes: the Sketch of the theory and experience of a dogmatic design on the Russian civil law. – M: joint-stock company "Center JurInfoR", 2004. – With. 64.

Ache character of a property complex, that is integrated approach; the property maintenance of the given complex; its special-purpose designation; partial oborotospo - sobnost. Certainly, the apartment house possesses an integrated approach sign, as consists of several premises (inhabited and uninhabited), elements of the community property and the general money resources which are on the special account. It is given - nyj a complex has property character as its structure joins directly real things, and also a share in the right to the general objects and to - lja in the right to money resources which inherently is a property right, only the first has real character, and the second – obligations. Jav - but also the uniform special-purpose designation – maintenance of the general on - trebnostej proprietors of premises in residing both safe operation and the appropriate maintenance and repair of the given object is traced also. The problem arises at sign application oborotosposobnosti. The apartment house as a whole as a property complex is excluded from the civil circulation. It confirms - sja and ZHK the Russian Federation which does not carry an apartment house to objects of housing laws. However it is difficult to agree with such position, as if to compare norms about objects of housing laws (item 16 ZHK the Russian Federation) and kinds housing pravoot - carrying (item 4 ZHK the Russian Federation), it is possible to come to conclusion that separate dwellings - nye relations, such as management of apartment houses (podp. 8 ч.1 item 4 ZHK the Russian Federations), arise concerning the object which is not carried to objects of dwellings - nyh of the rights. In our opinion, it is caused by unsuccessful attempt of the legislator razgra - nichit civil and housing relations.

According to A.E.Tarasovoj, the apartment house as should be considered complex object as object simultaneously civil and dwellings - nyh the rights, considering, that relations on management of an apartment house inherently are civil-law, possessing specificity, projav - ljajushchejsja in housing сфере1. The author suggests to differentiate objects of dwellings -

nyh the rights, intended directly for residing (apartment, komna -

1 See: Tarasova A.E.Oborotosposobnost of objects of the community property in multiroom to - me. – With. 67.

You, parts of apartments, not multiroom apartment house), and also objects of housing laws in which occasion there are other housing relations, including administrative (an apartment house, the community property multiroom to - ma, objects of the community property of an apartment house). From position GK the Russian Federation and ZHK the Russian Federation the first objects are oborotosposobnymi, the second are excluded from a turn or limited in a turn.

Having taken advantage of the given classification, it is possible to tell, that mnogokvar - tirnyj the house is the object of the civil rights limited in a turn. Kaza - an elk, that such statement excludes sign application oborotosposob - nosti a property complex to an apartment house.

The same problem has arisen before V.A.Belovym when it tried on rodo - vye signs of a property complex to the condominium. The sign – oboroto - ability of the given object is present, but in the changed kind: uniform juri - dicheskaja the destiny of the condominium is established not for the sake of that transformation into uniform object of the rights, and for the sake of association in the condominium of elements, stanovja - shchihsja by objects of actual domination of persons to which it is given vozmozh -

nost managements of the condominium in целом1.

ZHK the Russian Federation has refused a condominium design, however has left concept of the community property of an apartment house as an integral part of the house. The apartment house is not uniform object of one subjective pra - va, however is compound object of the rights belonging simultaneously not - skolkim to persons. Feature of the given object is that it includes technically and spatially inseparable among themselves premises, at - ought to different persons on the right of estate in severalty and the elements concerning the community property, being in the joint property of these persons. Thus it is important to differentiate a circle of relations of the authorised persons the friend with dru - gom and their relations with all the rest. So, for the decision of questions povsednev -

nogo usings and maintenances of individual premises, which not -

1 See: Belov V. A. Property complexes: the Sketch of the theory and experience of a dogmatic design on the Russian civil law. – with. 64.

Are possible without community property use, the general will of all proprietors (simultaneously joint owners in relation to the general imushche - stvu) is necessary. Counterparts in the name of managing directors and resursosnabzhajushchih the organisations, other persons resisting to several authorised persons, should vi - to put a single will generated on general meeting. Decisions of the general sobra - ny just also establish a procedure of competence of using (i.e. actual actions) concerning an apartment house and rasporjazhe - nija, in statutory limits, (i.e. legal acts) in otnoshe - nii the community property (its separate parts). From these positions the apartment house should admit uniform object of management. It is possible to confirm it with that agree ch. 1 items 161 ZHK the Russian Federation, management should start with concrete requirements: To provide favorable and safe conditions of residing gra - zhdan, the appropriate maintenance of the community property, granting of utilities to the citizens living in an apartment house, and also the decision in - proowls of using with this property. From the listed purposes (requirements) it is visible, that realisation of first three constituting managements is turned first of all on favorable and safe using inhabited pomeshche - nijami, to be exact, on their due operation that it is impossible to make without ispolzo - vanija the community property.

Here we will address to question research – that represents pome - shchenie in an apartment house. From the point of view of private-law regulation, it is object of the civil rights. However if to consider premises as object of the real estate it is possible to notice, that this three-dimensional space, it is fenced - noe on perimetre by bearing walls and overlappings which concern to about -

shchemu to property of all собственников1. To the proprietor individual pomeshche -

1 In the project of changes in GK the Russian Federation the concept of a premise which is understood as the building or construction part limited to a three-dimensional closed contour, suitable for is - usings (item 289) is entered. See: the Draft federal law № 47538-6 «About modification of a part of the first, second, third and fourth Civil code of the Russian Federation, and also of separate acts of the Russian Federation» [the Electronic resource]//It is published on April, 8th, 2012 on the Internet portal of "the Russian newspaper». – an access Mode: http://www.rg.ru/2012/04/06/gk-popravki-site-dok.html.

nija partitions belong only, to a door, windows, and also internal furnish of walls and overlappings as they serve only one premise.

Thus, the premise in an apartment house is a legal fiction. Using a premise is closely connected with appropriate operation of the community property in an apartment house. Actions on realisation of these problems have mainly actual character.

The fourth purpose of management – the decision of questions of using the general imushche - stvom in an apartment house concerns only the community property, and actions on their realisation have legal character. The detailed analysis of the purposes (trebova - ny), shown to management of an apartment house, is presented in tre - tej to the head.

Thus, proceeding from requirements to management of multiapartments - nyj the house entirely, and not just the community property in the house, should be obek - management volume. And administration of common property in the form of the decision of questions of using is one of management components multiroom to -

mom.

Acknowledgement of our conclusion can be found out in Rules osushchestvle - nija activity on management multiroom домами1 which ustanav - livajut standards and an activity procedure on management it is a lot of - condominium. In them it is established, that management should is carried out concerning each separate apartment house as independent object of management taking into account structure, design features, degree fi - zicheskogo deterioration and a technical condition of the community property, depending on geodetic and prirodno-climatic conditions of an arrangement of multiapartments - nogo at home, and also proceeding from the minimum list of services and the works necessary for maintenance of the appropriate maintenance of the community property in multiroom

The house (item 3 of Rules …).

1 See: the Governmental order of the Russian Federation from May, 15th, 2013 № 416 «realisation Rules deja - telnosti on management of apartment houses»//Meeting of the legislation of the Russian Federation. –

2013. – № 21. – item 2652.

Such order of things especially concerns a case when all premises in an apartment house are in the property of one person as the community property mode in that case remains, to operate it is necessary as for them (ch. 7 items 46 ZHK the Russian Federation), and individual premises.

In the big cities of a steel appears use examples mnogokvar - tirnyh at home as hotels or profitable houses the proprietor pomeshche - ny in which one person is.

Until recently unique possibility of the decision of housing problem for the majority of Russians there was a habitation purchase. Now the situation varies. In Moscow, St.-Petersburg, Nizhni Novgorod profitable houses are under construction, apartments in which are let on hire. The market of sales of habitation cannot besko - nechno to develop. The market of rent (hiring) more flexible and capacious, it is capable on - to restrict the market of sales. Such habitation appears and in Chelyabinsk, such projects while units, and they carry a social orientation. Group of the companies

"Strojkom" has handed over in an apartment house an entrance under commercial rent for students of two large HIGH SCHOOLS: CHelGU and JUUrGU. Building organisation KpDiSk has constructed the profitable house "Ostrovsky". SK "Artel-with" intends to erect the house, two entrances in which are intended under commercial найм1.

The State Duma has approved in the first reading the bill, zaklady - vajushchy of a creation basis in Russia of institute of noncommercial hiring of habitation. For - konoproekt it is developed for the decision of housing problem, so-called environments - it a class which on level of the income has no right to state support, but the habitation at the expense of own or extra means at the market price thus cannot get. As it is marked in an explanatory note to the bill, already se - godnja there are such relations in sphere of hiring of habitation which it is impossible otne - sti neither to social, nor to commercial. In ZHK the Russian Federation is offered to enter such concepts, as «a hired (rent) apartment house","hired (rent)

Apartment house "and" complex of hired (rent) apartment houses ». It is supposed,

1См.: in Chelyabinsk again will start to build profitable houses. [An electronic resource]. – the Mode dos - tupa: http://www.mediazavod.ru/articles/108410

That basically with a view of granting in noncommercial employment will be under construction multiroom дома1.

Development of public relations will shortly demand the decision of a question on giving to such houses of a mode of uniform object. For example, in that is tea if the proprietor of all premises decides to sell all premises to other unique proprietor (to proprietors together). Whether is then neobhodi - most to overload work of registering bodies and to "produce" set not - obhodimyh the documents confirming the transactions on each premise? Before - stavljaetsja, that was issue one transaction with one object of the rights is easier.

In the Concept of development civil законодательства2 it is possible to see under -

tverzhdenie our reflexions. So it is offered, that if the person who at - has found all premises in a building, have the right to transform the property right to separate premises to the property on a building as a whole. In a case obedine - nija all premises in a building, belonging to several proprietors, in one object of the real estate by the state registration of their right to the general share - howl properties on a building the property right of the given persons on separate on -

meshchenija in the specified building прекращается3.

Apparently from the resulted positions, it is offered to recognise a building with zhi - lymi premises, in particular an apartment house, independent obek - property right volume provided that the right will be registered on zda - nie as a whole, instead of on separate premises in it. Thus some persons then the building entirely will be prinadle - to press to these persons on the joint property right can be the proprietor mno - gokvartirnogo at home as one person then it will be object to the individual - alnoj properties, or.

We support the given offers, however we consider them are insufficient -

mi because there will be an uncertainty of an establishment of a mode much -

1 See: Noncommercial hiring of habitation will be. [An electronic resource]. – an access Mode: http://

www.vecherka.su/katalogizdaniy? id=45770.

2 See: the Decree of the President of the Russian Federation from July, 18th, 2008 № 1108 «About sovershenstvova - nii the Civil code of the Russian Federation»//the Russian newspaper. – 2008. – on July, 23rd.

3 See: the Concept of development of the civil legislation of the Russian Federation / Vstup. A.L.Makovsky's item. – M: the Statute, 2009. – With. 6.

Condominium in that case when the variant to the several individual - alnyh the rights to premises and general laws on the community property remains. In our opinion, it is necessary to recognise legislatively an apartment house as object nedvizhi - pave in any case, however the requirement about the state registration of the rights to it will be necessary depending on a situation. If the proprietor solves ob - edinit all premises in an apartment house in one object gosudarstven - naja registration will be obligatory, and after it the house will be considered free in a turn. If the traditional variant entirely it is not required to registration of the rights to the house remains, and in this case it will be considered as object, is limited - nym in a turn. In this case the recognition of an apartment house is established by object of the civil rights not for the sake of that transformation in uniform ob - ekt the rights for an economic turn, and for the sake of association in a single whole elemen - tov, being objects of actual domination of persons, into whose daily duties enters to contain and operate the community property. It is represented, that at such situation the balance private and public interests will be observed at management of apartment houses.

In that and the friend cases the apartment house should come under tehniche - skomu (inventory) account.

The duty under the maintenance and management of an apartment house, naho - djashchimsja in the property of one or several persons entirely, should for - konodatelno be fixed to the proprietor (joint owners) not only in GK the Russian Federation, but also ZHK the Russian Federation. This duty should meet those requirements which are established in item 161 ZHK the Russian Federation for apartment houses, premises in which belong to different persons. Legislative fastening is necessary that further there was no situation when the proprietor (joint owners) of a multiroom apartment house as uniform object of the property rights, not a wasp - shchestvljajushchy its due maintenance, operation and major repairs, could not refer exclusively only to item 210 GK the Russian Federation about burden of the maintenance of property, regardless to observance of special requirements, approving, that the housing legislation on them does not extend, as a duty

Maintenances and managements of an apartment house for such cases not zakrep - lena in ZHK the Russian Federation.

Taking into account the given offers an apartment house it will be possible at - the nobility object of simultaneously housing and civil rights.

Let's designate some more moments which will help to understand an apartment house legal regime.

In 2009 our country has started a new stage of realisation gosudarstven - ache politicians in sphere energosberezhenija and increases energoeffektivnosti. The More potential of economy of power resources is in housing sector, namely at available housing operation. The federal act from November, 23rd

2009 № 261-FZ «About energosberezhenii and about increase power effek - tivnosti and about modification of separate acts of the Russian Federation» (further – the Law «About energosberezhenii») 1 has established, that mnogokvar - tirnye houses should correspond to requirements power effectively - sti and to requirements on their equipment devices of the account of consumption of resources, and proprietors of premises are obliged to bear burden of expenses on carrying out objaza - telnyh actions on energosberezheniju and to increase power ef - fektivnosti an apartment house. We will pay attention that establishments of the Law (items 12) are directed on an apartment house as a whole, instead of to its structure - nye elements (premises and the community property). From a technical aspect it is easily explainable: the greatest effect on reduction, for example, teplopotreblenija on heating is given by the actions which are carried out on the scale of all house.

Researches show, that at operation of a floor apartment house traditional many - through walls is lost to 40 % from total warmly - losses, through windows – 18 %, a cellar – 10 %, a roof – 18 %, ventilation – 14 %. On -

To it to reduce teplopoteri to a minimum it is possible only at complex podho -

1 See: Meeting of the legislation of the Russian Federation. – 2009. – № 48. – item 5711; – 2012. – № 53 (ch. 1). – the Item

7595.

de to энергосбережению1. Since 2012 technical survey of apartment houses on a class of their power efficiency has begun. Corresponding uka - zateli should be hung out on facades of houses.

Thus, the duty of proprietors of premises in an apartment house in the form of performance of actions on energosberezheniju and to increase ener - geticheskoj efficiency extends not only on the community property, but also on all house as a whole, as an apartment house – such object out of which neither individual premises, nor the community property cannot exist.

Let's ask a question, whether weigh volume of duties on energosberezheniju and to increase of power efficiency of an apartment house lays on proprietors of premises?

Energoeffektivnost apartment houses depends on activity of set of the various organisations and the persons who are taking part in designing, systems - telstve, management and operation of these buildings. In this connection the law «About ener - gosberezhenii» for each of them establishes special duties and powers. Having analysed Law positions, it is possible to make following you -

Waters.

Activity on energosberezheniju and to increase power effek - tivnosti an apartment house is carried out simultaneously at three levels:

The first level – activity of proprietors of premises in multiapartments - nom the house;

The second level – activity resursosnabzhajushchih the organisations, justices - ljajushchih the organisations, TSZH, ZHK, ZHSK, other persons who are involved under contracts with proprietors of premises and responsible for the maintenance of the community property and for

Service of intrahouse engineering systems;

1 See: Matijashchuk S.V.comment to the Federal act from November, 23rd, 2009 № 261-FZ «About energosberezhenii and about increase of power efficiency and about modification of separate acts of the Russian Federation» (article by article). – JUstitsinform,

2010.//Sprav.-legal system "Guarantor".

The third level – activity of public formations (Russian Fede - portable radio sets, subjects of the Russian Federation, municipal unions) in the name of corresponding bodies and the organisations.

At each level there are corresponding duties and polnomo - chija which are closely connected with activity on management of apartment houses and a housing-and-municipal complex as a whole. They consist in sle - blowing.

At the first level proprietors are obliged to provide appropriate consisting - nie the index of a class of power efficiency of an apartment house and at class change to provide replacement of this index; are obliged to bear rasho - dy on carrying out of actions on energosberezheniju and to increase energoef - fektivnosti.

At the second level the person responsible for the maintenance of an apartment house, is obliged to carry out actions on energosberezheniju and to increase ener - geticheskoj efficiency. The organisation which is carrying out supply energeti - cheskimi resources of an apartment house on the basis of the public contract, it is regular (not less often, than once a year) is obliged to offer the list of actions for an apartment house, which carrying out in bolshej to degree sposobstvu - et energosberezheniju delivered by this organisation in an apartment house of power resources and to increase of their power efficiency is - usings. The person responsible for the maintenance of an apartment house, regu - ljarno (not less often than once a year) is obliged to develop and bring to the notice of proprietors of premises in an apartment house of the offer on actions on energosberezheniju and to increase of power efficiency with instructions of expenses on their carrying out, volume of expected decrease used energe - ticheskih resources and times of recovery of outlay of offered actions.

At the third level in powers of public formations enters formiro - vanie and state policy realisation into areas energosberezhenija and increases of power efficiency; working out and realisation federal - nyh, the state and municipal programs in area energosberezhenija and

Increases of power efficiency; an establishment of rules of definition of classes of power efficiency of apartment houses; an establishment of the list of obligatory actions on energosberezheniju and to increase energe - ticheskoj efficiency concerning the community property of proprietors pome - shcheny in an apartment house; definition of forms and methods of the state support in area energosberezhenija and increases power effektiv - nosti and its realisation; coordination of actions on energosberezheniju and on - vysheniju power efficiency and the control over their carrying out; organi - zatsija a supply with information of actions on energosberezheniju and on - vysheniju power efficiency.

Apparently, the state tries to build package approach on ener - gosberezheniju and to increase energoeffektivnosti the Russian economy and zhi - a lishchno-municipal complex in particular which compound units are apartment houses. Thus realisation of all planned about - gramme should pass in close interaction of the state, the state and private organisations and proprietors of premises in apartment houses. However at any initiative of the government and bodies local itself managements the big role in the decision of a problem of increase energoeffektivnosti apartment houses belongs to proprietors of apartments. From them is tivnogo executions of the duty on management of an apartment house will depend also it energoeffektivnost.

Let's analyse one more problem which will help to define an apartment house legal regime.

Considering an apartment house as an individual building, it is impossible to forget that it is an element city инфраструктуры1. City infra - the structure is everything, that provides normal existence of people in a city.

The apartment house cannot exist without water supply and vodootvede -

1 Infrastructure – set of buildings, constructions, systems, the services necessary for funk - tsionirovanija process of production of goods and maintenance of a daily life nase - lenija / Geography. The modern illustrated encyclopaedia. Under the editorship of prof. A.P.hill on. – M: Rosmen, – 2006. [The Electronic resource]//http://dic.academic.ru/dic.nsf/socio/1346.

nija, warmly - energo - gas supply. All it concerns to industrial in - frastrukture. The apartment house is adjoined by prodrivings and parking for av - totransporta. The majority of houses has nurseries game or athletic fields, gardening and accomplishment elements – all it enters into a social infrastructure.

Engineering communications penetrate all apartment house, from - rush to the community property and are simultaneously structural unit of the big municipal complex which provides necessary sushche - stvovanie all city community. Therefore favorable conditions prozhi - vanija people in apartment houses directly depend from technical from standing of communications not only in the concrete house, but also all municipal complex. It concerns also qualities of given utilities.

The tendency of erection of the huge microdistricts which have been built up mnogokvar - tirnymi houses with a typical lay-out during the industrial (Soviet) period has remained and in modern conditions. During the Post-Soviet period building construction has been transferred in private hands, and the business purpose as from - vestno, to profit. In practice habitation building pays off much faster, than building of communications and social objects, therefore for - strojshchiki began to build and sell the inhabited real estate, not caring about sozda - nii new, resursosberegajushchih engineering networks and objects of an accomplishment. Absence of communications was aggravated still with a deterioration of the networks constructed during Soviet time. In not the best condition there were children's playgrounds and accomplishment elements. As a result of increase in quantity personal avtomo - bilej there was a shortage parkovochnyh places near to apartment houses, has appeared also a transport problem.

One of the main reasons of these problems – a long absence of the concept of development accepted at the state level of Russian settlements,

Existing before introduction of second Town-planning code РФ1. It in -

1 See: Meeting of the legislation of the Russian Federation. – 2005. – № 1 (ch. 1). – item 16.; – 2012. – № 53 (ch. 1).

– Item 7619.

pros the town-planning policy, and though it concerns sphere public regu - lirovanija, without a designation of some problems to us not to manage. One of them with - costs in the following.

Into structure of the community property of an apartment house enters ground learning - a drain with accomplishment and gardening elements. It once again confirms a clod - pleksnost such object as an apartment house. Operating zakonoda - telstvom it is established, that the ground area which is generated to vvede - nija in ZHK the Russian Federation and in which relation the state cadastral account is spent, passes free of charge in the general common property of proprietors pome - shcheny in an apartment house. If the ground area is not generated (there has not passed the cadastral account) on the basis of the general meeting decision sobstven - niki can address in public authorities or bodies local sa - moupravlenija with the statement for its formation (item 2, 3 items 16 Introduction закона1).

The majority of the ground areas under apartment houses

In the Russian cities are not generated, as formation process dostatoch - but trudozatratnyj and technically uneasy and to solve it it is necessary not in the relation from - an efficient building, and on the scale of quarter, microdistrict and all settlement. Proble - ma consists in the following. The ground area is characterised not only pokazate - ljami the areas, but also concrete geometry, a configuration, repernymi by placing points on a terrestrial surface. It does senseless definition gra - face downwards the ground area of already existing building by means of any norm - tivnyh indicators of the abstract area (so, the ground area, having appeared - ljajushchy itself a circle in diameter of 300 m. and an one-and-a-half-metre strip otmostki lived - go an apartment house long in 400 m. can have the same area). In practice of border of the ground area under an apartment house oprede - ljajutsja in is minimum necessary distances from a building facade, protivopo - zharnymi ruptures, requirements insoljatsii and aerations of premises, geology and

Etc. Outlined according to these is minimum necessary requirements -

1 See: the Federal act from December, 29th, 2004 № 189-FZ «About introduction in action of the Housing code of the Russian Federation»//Meeting of the legislation of the Russian Federation. – 2005. – № 1 (ch. 1). – item 15.

mi the ground area will have a concrete configuration and the area, both it is less, and more than the established (prospective) norm. So, in a main line - ache parts of cities where the building density is great, sites under multiapartments - nymi houses inevitably will be imposed against each other, and there will be a question on how to dissolve crossed interests of inhabitants with a number of standing houses (especially if they are served by the different operating organisations). In this case it would be more expedient to proprietors of the next houses dogovo - ritsja and to choose for management one operating organisation which and was responsible for service of the general territory. And is more true, in order to avoid disputes that - which requirement to fix in ZHK the Russian Federation. Other problem will arise, if after opre - divisions of is minimum necessary size of the ground areas under mnogokvar - tirnymi houses in microdistrict between them remain wedges of territories, koto - rye will belong to nobody also further use of such sites in view of their unsuccessful geometry, the small sizes, a site in a quarter and other circumstances can exclude their further possibility ispolzova - nija. As practice such earth (wedges) quickly shows turns in between - house dumps of dust. Besides, within microdistrict territories which belong not particularly to any apartment house, and can be found out at once by several. These are the territories constituting the microregional blessing - the device, – recreations, small sports constructions, linen, children's plo - shchadki, platforms for vygula, etc. Usually them rank dogs as a category ze - a bank of common use which are fixed as municipal sobstven - nost. City dwellers usually do not have any business to these scattered vnut - ri quarters and microdistricts of the ground areas and fastening to them in kache - stve the proprietor of a city perniciously for them. Such state of affairs about - dolzhat will stimulate inhabitants to indifferent and thriftless otnoshe - niju to these territories. Expedient to recognise it would be right the general sobst - vennosti on such sites for proprietors of buildings surrounding them. It is a question of private-law character. However at once there will be a question on expediency vve - denija the land tax on generated ground a site under mnogokvar -

tirnymi houses, especially on what have big enough sizes. In our opinion, such tax to establish does not follow, as proprietors on - meshcheny in apartment houses and so will bear financial loading under the maintenance pridomovoj territories in what actually and interestedly gosu - darstvo. And it already a question of public regulation.

Thus, the ground area located under an apartment house, it is necessary to form on the basis of complex development of all a quart - la or microdistrict according to town-planning and ground zakonoda - telstvom (item 4 ch. 1 items 36 ZHK the Russian Federation).

It is necessary to notice, that the town-planning legislation concerns sphere of public regulation and is in a formation stage. In council - sky the period there were the separate normative acts regulating grado - building activity, and only in 1998 the first has been accepted Grado - building code РФ1 which has existed only six years.

As experts mark, this code has played a positive role,

But has ceased to meet requirements and life realities as was accepted in peri - odes of sharp discussions round the project of the Land code of the Russian Federation and regulated roofing felt - to some question of granting of the ground areas and realisation застройки2.

Therefore the second Town-planning code of the Russian Federation has been accepted. An overall objective of its acceptance – maintenance of a sustainable development of territory and the favorable environment of ability to live of the population. For its achievement the duty of authorities is entered to approve documents on development of territories and the answer - stvennost for nonacceptance of such documents is entered.

Accordingly the problem of formation of the ground areas under many - condominiums directly depends on acceptance, the statement and realisation to -

kumentov on development of territories.

1 See: Meeting of the legislation of the Russian Federation. – 1998. – № 19. – item 2069.

2 See: Kovaleva E.Gradostroitelnyj the code of the Russian Federation (new in zakonodatelst - ve)//the Economy and the right. – 2005. – № 8. – with. 3.

So, the apartment house as complex immovable object, raspo - lozhennyj on the certain ground area, is simultaneously infra - a structural element of quarter, microdistrict and as a whole cities (settlement). And efficient control an apartment house, in particular concerning the ground area, depends on maintenance with local governments of a sustainable development of territories.

The resulted examples prove, that an apartment house as a whole jav - ljaetsja object of private-law and public regulation.

Summing up to research of a legal regime of the community property and the apartment house, we will give concept "apartment house", proceeding from the purposes (requirements) of management and integrated approach of legal regulation of relations, with this object, including housing, civil and town-planning for - konodatelstva.

The apartment house is a building of the inhabited appointment, including individual premises and the community property of proprietors of premises, ob - ekt management and the technical account, an element town-planning infrastruktu - ry quarter, microdistrict, and a city as a whole (settlements).

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A source: BEREGOVAYA TATYANA ALEKSANDROVNA. the PRIVATE-LAW And PUBLIC BEGINNINGS In REGULATION of RELATIONS ON MANAGEMENT of the APARTMENT HOUSE. The DISSERTATION on competition of a scientific degree of the master of laws. Chelyabinsk. -201

More on topic § 3. The Community property in an apartment house and an apartment house as objects of legal regulation:

  1. § 2. Features of the maintenance of the right of the joint property on the community property in an apartment house
  2. § 1. The Property right to the community property in an apartment house as a joint property version
  3. §2. Definition of objects of the general common property in Apartment house for management of association Proprietors of habitation
  4. CHAPTER 2. LEGAL REGULATION of RELATIONS of the JOINT PROPERTY In the APARTMENT HOUSE
  5. §3. A choice of a way of management of an apartment house as the right and Duty of the proprietor
  6. § 1. Maintenance of appropriate operation of an apartment house
  7. § 5. Contract application resursosnabzhenija at a direct way of management of an apartment house
  8. §2. Management of an apartment house as process. Stages and functions
  9. § 2. Private-law means of optimisation of ways of management of an apartment house
  10. § 2. Private-law and public components of the modern housing legislation in sphere of regulation of management of an apartment house
  11. §1. The state control over activity of associations of proprietors of habitation on management of an apartment house
  12. 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
  13. THE CHAPTER II. SPECIFICITY OF THE ORGANIZATION AND ASSOCIATION ACTIVITY PROPRIETORS OF HABITATION AS WAY OF MANAGEMENT APARTMENT HOUSE
  14. COASTAL TATYANA ALEKSANDROVNA. the PRIVATE-LAW And PUBLIC BEGINNINGS In REGULATION of RELATIONS ON MANAGEMENT of the APARTMENT HOUSE. The DISSERTATION on competition of a scientific degree of the master of laws. Chelyabinsk, -2014 2014
  15. THE CHAPTER I. MANAGEMENT OF THE APARTMENT HOUSE AS THE SPECIAL KIND THE ACTIVITY, DIRECTED ON SATISFACTION INTERESTS OF PROPRIETORS OF PREMISES
  16. CHAPTER 3. REALIZATION of the RIGHTS And DUTIES of PROPRIETORS of PREMISES ON MANAGEMENT of the APARTMENT HOUSE: PRIVATE-LAW And PUBLIC ASPECTS
  17. THE CHAPTER III. ОСОБЕННОСТИ* CONTROL FOR ACTIVITY OF ASSOCIATIONS OF PROPRIETORS OF HABITATION ON TO MANAGEMENT OF THE APARTMENT HOUSE
  18. §4. The contract of management of an apartment house. The analysis структурных* элементов5
  19. §1. Historical aspect and foreign experience of the organisation of management Apartment houses
  20. 2.1. Section of the community property and vydel from it a share