DOI: 10.25136/2409-7136.2018.8.27040

Abstract: The subject of this article is the social relations that may arise as a result of the restricted principle of invoilability of ownership. The author analyzes the problem of ungrounded restrictions of the property rights based on the example of The Housing Renovation Program in Moscow. He focuses on such principles as the adequacy of restrictions and their correspondence to the public interest as well as the balance between private and public interests. The author of the article also pays attention to the constitutional grounds of inviolability of ownership and proportionality criterion for the legal restriction of property rights. Within the framework of this research, Pozhidaev has used general research methods including analogy, induction, deduction, and comparison. He has also applied the systems approach, formal law analysis and content analysis of the Federal Law on Renovation of July 1, 2017. The novelty of the research is caused by the fact that the Renovation Program and legal regulation of civil, land and city-planning relations have not become the matter of in-depth analysis so far due to the novelty of the issue. The author comes to the conclusion that the regulation set forth by the Law on Renovation partly violates the principles of proportionality and adequacy of property rights restriction and thus needs to be amended in order to restore the balance between private and public interests. 

DOI: 10.7256/2454-0706.2018.8.27214

Abstract: The relevance of this research is justified by the difficulties in definition of the legal status of a multi-family residential building in the modern legal theory and legislation. The change in the current approaches is especially relevant in the context of the launch of the renovation of the residential areas in Moscow. The subject of this research is the legal status of multi-family buildings as an object of property right. The author examines the doctrinal approaches towards determination of the legal status of multi-family residences, exploring the advantages and disadvantages of each of them. Special accent is made on the position, according to which a multi-family residence represent a single unit of real estate. A conclusion is made on the impossibility of application of the Integral Real Estate Complex legal regime by the interpretation of the current civil code, and requires designation of the category of residential property complex. The author formulates the concept of residential property complex and highlights the key features distinguishing it from the Integral Real Estate Complex. The main conclusion is the recognition of the imperfection of the current approaches towards the legal regulation of multi-family residential buildings as the objects of civil law. The author advances that a multi-family residence should be recognized as a single real estate unit, for which the category of “residential property complex” is being proposed. Formalization of this concept in Russian legislation would allow recognition of a multi-family residence as an abject of property right.

DOI: 10.7256/2454-0706.2018.8.43178

Abstract: The relevance of this research is justified by the difficulties in definition of the legal status of a multi-family residential building in the modern legal theory and legislation. The change in the current approaches is especially relevant in the context of the launch of the renovation of the residential areas in Moscow. The subject of this research is the legal status of multi-family buildings as an object of property right. The author examines the doctrinal approaches towards determination of the legal status of multi-family residences, exploring the advantages and disadvantages of each of them. Special accent is made on the position, according to which a multi-family residence represent a single unit of real estate. A conclusion is made on the impossibility of application of the Integral Real Estate Complex legal regime by the interpretation of the current civil code, and requires designation of the category of residential property complex. The author formulates the concept of residential property complex and highlights the key features distinguishing it from the Integral Real Estate Complex. The main conclusion is the recognition of the imperfection of the current approaches towards the legal regulation of multi-family residential buildings as the objects of civil law. The author advances that a multi-family residence should be recognized as a single real estate unit, for which the category of “residential property complex” is being proposed. Formalization of this concept in Russian legislation would allow recognition of a multi-family residence as an abject of property right.