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> Journal "Urban Geography and the Real Estate Market"
> Rubric "News and legislation survey, real estate market normative acts"
News and legislation survey, real estate market normative acts |
Fokina M.M. - Procedure for residential properties title transfer, following an auction
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DOI: 10.7256/2313-0539.2015.1.14522
Abstract: Auctions are widely known and popular around the world. This kind of public sale allows the participants to procure a broad variety of possessions, from art and antiquities to enterprise assets, securities and real property. In Russia, auctions are a comparatively new way of competing for the assets of one's choice. In light of the economic reforms, auctions started becoming more popular in all its variety, which includes, beside auctions themselves, tenders and contests. Goods auctions have gained importance, as they are connected to broad privatization policies. The methodological basis of this research consists of general research methods - analysis, synthesis, comparison, classification; as well as Jurisprudence-specific methods, such as analogy, interpretation, legal base survey and legal analysis. Auctions which are conducted in order to sell real property grow in popularity among the people, who, until recently, used to distrust such methods. Beside buying residential property directly from the owner, auctions offer a plethora of programs and offers. It would seem that auctions as means for property transactions have a rich potential for broader use.
Keywords:
living quarters, Russian Civil Code, property assets, contest, auction, bidding, tender, transfer of titles, society, state
Fokina M.M. - Procedure for residential properties title transfer, following an auction
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pp. 66-70
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DOI: 10.7256/2313-0539.2015.1.66490
Abstract: Auctions are widely known and popular around the world. This kind of public sale allows the participants to procure a broad variety of possessions, from art and antiquities to enterprise assets, securities and real property. In Russia, auctions are a comparatively new way of competing for the assets of one's choice. In light of the economic reforms, auctions started becoming more popular in all its variety, which includes, beside auctions themselves, tenders and contests. Goods auctions have gained importance, as they are connected to broad privatization policies. The methodological basis of this research consists of general research methods - analysis, synthesis, comparison, classification; as well as Jurisprudence-specific methods, such as analogy, interpretation, legal base survey and legal analysis. Auctions which are conducted in order to sell real property grow in popularity among the people, who, until recently, used to distrust such methods. Beside buying residential property directly from the owner, auctions offer a plethora of programs and offers. It would seem that auctions as means for property transactions have a rich potential for broader use.
Keywords:
living quarters, Russian Civil Code, property assets, contest, auction, bidding, tender, transfer of titles, society, state
Trutnev E.K. - On division of powers in city management and legal logic
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DOI: 10.7256/2313-0539.2015.1.15073
Abstract: The author examines the situation that arose following the changes in the normative base that redistributed the powers among municipal authorities and Federal Subject authorities in the area of city-planning. Various hypotheses that may justify this shift were analyzed, and conclusions were reached regarding the consequences of implementing the legal novelties for the legal system as a whole, and for administrative practice in particular. This article offers the results of analyzing the major norms of Federal Law ¹136-ÔÇ, 27.05.2014, in the context of other Federal Laws and the legal logic of the city-management system. The methodological basis of this article is constituted of general scientific methods, such as induction, deduction, analysis, synthesis, modeling, as well as legal methods of Jurisprudence - legal analysis, legal interpretation. This article proves that the contradictions that emerge in Law can't but negatively affect Law application, stimulates the emergence of additional administrative barriers, increases procedural terms, and leads to other tendencies that are strictly opposite to the goals of Federal policies.
Keywords:
Constitution, interpretation, distribution of powers, city-regulation, municipal authorities, Russian Federal subject authorities, legal logic, administration practice, collision of Law, autonomous decision
Trutnev E.K. - On division of powers in city management and legal logic
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pp. 71-75
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DOI: 10.7256/2313-0539.2015.1.66491
Abstract: The author examines the situation that arose following the changes in the normative base that redistributed the powers among municipal authorities and Federal Subject authorities in the area of city-planning. Various hypotheses that may justify this shift were analyzed, and conclusions were reached regarding the consequences of implementing the legal novelties for the legal system as a whole, and for administrative practice in particular. This article offers the results of analyzing the major norms of Federal Law ¹136-ÔÇ, 27.05.2014, in the context of other Federal Laws and the legal logic of the city-management system. The methodological basis of this article is constituted of general scientific methods, such as induction, deduction, analysis, synthesis, modeling, as well as legal methods of Jurisprudence - legal analysis, legal interpretation. This article proves that the contradictions that emerge in Law can't but negatively affect Law application, stimulates the emergence of additional administrative barriers, increases procedural terms, and leads to other tendencies that are strictly opposite to the goals of Federal policies.
Keywords:
Constitution, interpretation, distribution of powers, city-regulation, municipal authorities, Russian Federal subject authorities, legal logic, administration practice, collision of Law, autonomous decision
DOI: 10.7256/2313-0539.2014.2.11706
Abstract:
Fokina M. M. - Buying and selling residential property: modern legal problems
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pp. 92-97
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DOI: 10.7256/2313-0539.2014.2.65876
Abstract: Over the quarter of a century, there were considerable changes on the market. There has been a flux
of demand in relation to residential properties. Due to the collapse of USSR and the emergence of a new country,
the problem of legal regulation of property market emerged in both, legal and economic fields. The state issues new
normative acts to improve the regulation of various spheres of social life. But, as the normative base grows, collisions
emerge, and citizens who want to make property transactions, as well as courts that produce decisions in this field,
meet considerable difficulties. Today, the real estate market is regulated by Russian Federation’s normative Acts, as
well as a considerable amount of international Acts. But, seeing the prevalence of international Law, the courts face
a persisting problem of legal collisions. From the economics viewpoint, the real estate market plays an important
role, being one of the major points of investment, used for mitigating inflation peaks and valleys that inevitably affect
savings. The abovementioned points support the notions of rapid real estate market growth in Russia, as well as
dynamic changes in the Civil Law that regulates property transactions. Following a thorough research, the author
reaches a conclusion that it is necessary to employ the norms regulating only the transaction contract, and there is
little need for other norms stated in the Russian Civil Code, because a property transaction contract has established
major conditions and rules.
Keywords:
transactions, objects, residential estate, contract, buying and selling, room, Civil Code, property market, property rights, subject of the contract
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