THE PROBLEM OF THE PROTECTION OF RIGHTS AND LEGITIMATE INTERESTS OF THE JOINT OWNERS OF A MULTI-APARTMENT HOUSE IN THE CONTEXT OF THE ADOPTION OF THE ARTICLE 181.5 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION


Cite item

Full Text

Abstract

The paper studies the problem of the protection of rights and legitimate interests of the joint owners of a multi-apartment house in the context of the adoption of the Article 181.5 of the Civil Code of the Russian Federation that is a part of “Chapter 9.1 of the decisions of the meetings”, its application, and the effect of the application of this legal norm by the courts when protecting by the joint owners of a multi-apartment house the violated rights and legitimate interests resulting from the holding of the house general meetings.     

The object of the study is the norms of civil and housing law validating the nullity of the decisions of meetings of civil communities that are the owners of the premises in the multi-apartment houses considering the time allocated by the procedural law for the judicial protection of violated rights and legitimate interests.      

The object of the study is also the judicial acts of general courts and the directives of Plenum of the Supreme Court of the Russian Federation regarding the application of the Article 181.5 of the Civil Code of the Russian Federation in conjunction with the limitations of actions.  

In the context of the study, the authors used the formal legal method and various ways of interpretation of the civil norms. During the study, the comparative-judicial method was used which is demonstrated in the comparison of the provisions of various regulatory legal acts. The authors applied the philosophical categories of general, particular and private.     

In the result of the research, the authors conclude about the ways the general courts interpret and apply the legal norms being studied and deal with some issues related to the prospects of the improvement of the institute of regulatory control in the civil and housing law.   

About the authors

Еlena Valerievna Chuklova

Togliatti State University, Togliatti

Author for correspondence.
Email: elenachuklova@mail.ru

assistant professor of Chair “Business and Labor Law”

Russian Federation

Dmitry Anatolievich Kuptsov

Togliatti State University, Togliatti

Email: kuffz@mail.ru

graduate student of Chair “Business and Labor Law” of the Institute of Law

Russian Federation

References

  1. Legislative activity supporting system. SOZD. URL: sozd.parlament.gov.ru/.
  2. Bevzenko R.S. “Zakonorea”, or Why we have such bad laws. And why they will hardly become better in a very near future. Zakon.ru: pervaya sotsialnaya set dlya yuristov. URL: zakon.ru/blog/2018/03/22/zakonoreya_ili_pochemu_u_nas_takie_plohie_zakony__i_pochemu_oni_v_blizhajshem_buduschem_vryad_li_sta#comment_460522.
  3. Constitution of the Russian Federation as amended by the Laws of the Russian Federation on the amendments to the Constitution of the Russian Federation dated the 30 of December 2008 N 6-FKZ, dated the 30 of December 2008 N 7-FKZ, dated the 05 of February 2014 N 2-FKZ, dated the 21 of July 2014 N 11-FKZ. Konsultant-Plyus: spravochno-pravovaya sistema. URL: consultant.ru/document/cons_doc_LAW_28399/.
  4. Civil Code of the Russian Federation (part one) dated the 30 of November 1994 N 51-FZ: edition dated the 29 of July 2017: as amended and supplemented, enacted from the 06 of August 2017. Sobranie zakonodatelstva RF, 1994, no. 32, st. 3301.
  5. Housing Code of the Russian Federation dated the 29 of December 2004 N 188-FZ: edition dated the 03 of April 2018. Konsultant-Plyus: spravochno-pravovaya sistema. URL: consultant.ru/document/cons_doc_LAW_51057/.
  6. RF. RF Government Regulation dated the 06 of May 2011 N 354: edition dated the 27 of March 2018 “Concerning the providing of communal services to the owners and users of premises in the multi-apartment houses and dwelling houses” (along with “The rules for providing of communal services to the owners and users of the premises in the multi-apartment houses and dwelling houses”). (In Russian)
  7. RF. Resolution of Plenum of the Supreme Court of the RF dated the 23 of June 2015 N 25 “Concerning the application by the courts of certain provisions of paragraph I of part one of the Civil Code of the Russian Federation”. (In Russian)
  8. RF. Resolution of Constitutional Court of the Russian Federation dated the 21 of January 2010 N 1-P, St. Petersburg. (In Russian)
  9. RF. Appellate decision of St. Petersburg municipal court dated the 28 of September 2017 on the case № 33-14775/2017. (In Russian)
  10. RF. Appellate decision of Saratov regional court dated the 09 of June 2016 on the case N 33-3375/2016. (In Russian)
  11. RF. Appellate decision of Moscow municipal court dated the 28 of February 2018 on the case N 33-5630/2018. (In Russian)
  12. RF. Decision of Avtozavodsky district court of Togliatti of Samara region on the case № 2-2-1631/2018 dated the 10 of April 2018. (In Russian)
  13. RF. Appellate decision of the Supreme Court of the Udmurt Republic dated the 30 of January 2017 on the case N 33-520/2017. (In Russian)
  14. RF. Appellate decision of Magadan regional court dated the 16 of August 2016 N 33-700/2016. (In Russian)
  15. RF. Decision of Saratov regional court dated the 27 of October 2015 on the case N 33-7086/2015. (In Russian)
  16. Rozhkova M.A., Novoselova L.A. On the question of the power of the arbitration acts. Vestnik Vysshego Arbitrazhnogo Suda Rossiyskoy Federatsii, 2003, no. 5, pp. 69–78.
  17. How to install video monitoring in a dwelling house? Elektronnyy zhurnal “Azbuka prava”, 2018. URL: consultant-dv.ru/o-sisteme/azbuka-prava/.
  18. Bychkov A.I. Kvartirnyy vopros. Priobretenie, realizatsiya i zashchita prava sobstvennosti na kvartiru [The housing question. The acquisition, implementation and protection of the rights of ownership of a flat]. Moscow, Infotropik Media Publ., 2016. 316 p.
  19. Braginskiy M.I., Vitryanskiy V.V. Dogovornoe pravo: obshchie polozheniya [Contract law: general provisions]. Moscow, Statut Publ., 1999. Kn. 1, 848 p.
  20. Braginskiy M.I., Vitryanskiy V.V. Dogovornoe pravo: dogovory o vypolnenii rabot i okazanii uslug [Contract law: agreements on performance of works and rendering of services]. Moscow, Statut Publ., 2002. Kn. 3, 1055 p.

Supplementary files

Supplementary Files
Action
1. JATS XML
Download

Copyright (c)



This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies