Protection of Homeowners in Russia from Unlawful Encroachment on Their Rights and Legitimate Interests

  • Irina V. EVGRAFOVA Department of International Maritime Law, St. Petersburg State Marine Technical University, Saint Petersburg, Russian Federation
  • Alexander V. MARCHENKO Department of International Maritime Law St. Petersburg State Marine Technical University, Saint Petersburg, Russian Federation
  • Alexander V. TRAVIN Department of International Maritime Law St. Petersburg State Marine Technical University, Saint Petersburg, Russian Federation

Abstract

The relevance of the study is due to the fact that with the initiation of the new Housing Code of the Russian Federation the situation with the provision of housing rights has not radically changed for the better. In this context, the article aims to analyze the features of civil-legal regulation of housing relations, ensuring the constitutional rights of citizens to housing, ways of committing offenses in the sphere of residential properties and their preventive actions, the problem of improving the legislation. Leading approach to the study of this problem is the descriptive method that has afforded revealing peculiarities of regulation of civil and housing legislation under consideration within Russian Federation. In the article the suggestions for improving the legislation of Russian Federation are presented. The materials of the paper imply the practical significance for the university teachers of the legal specializations.

References

[1] Alexy, P.V. (Ed.). 2010. Housing Law: A Textbook for University Students Enrolled in the Specialty ‘Jurisprudence’. YUNITI-DANA.
[2] Andreev, V.I. 2009. On the Problems of Improving the Civil Code of the Russian Federation. State and Law 3: 45-52.
[3] Bakirova, E.Yu. 2014. The concept of the actual composition as one of the grounds for the emergence of housing relations. Family and Housing Law 6: 36-40.
[4] Basos, E.V. 2014. The concept and features of the room. Family and Housing Law 1: 28-31.
[5] Belov, E.V. 2014. Real Estate Fraud in the Housing Sector. Ways of Accomplishment, Problems of Qualification: Scientific and Practical Manual. Yurisprudencia.
[6] Bidaishiyeva, A., et al. 2018. Improving quality of legal regulation for social rights of family and child within new social course in Kazakhstan. Journal of Legal, Ethical and Regulatory Issues 21(1): 1544-0044-21-1-165.
[7] Churilov, Yu.Yu. 2015. If You Got Neighbors. Feniks.
[8] Constitution of Kazakhstan. 2016. Almaty, http://www.akorda.kz/ru/official_documents/constitution.
[9] Constitution of the Russian Federation. 2016. Moscow, http://www.constitution.ru.
[10] Federal Law of July 3, 2016 No. 315 FZ ‘On Amendments to Part One of the Civil Code of the Russian Federation and certain legislative acts of the Russian Federation. Russian Newspaper 7017(149). https://rg.ru/2016/07/08/mashiny-dok.html.
[11] Gayduk, Yu.N. 2014. Minor share in common property rights. Russian Judge 10: 30-32.
[12] General Prosecutor's Office of the Russian Federation. https://www.genproc.gov.ru
[13] Goryacheva, E.V. 2015. Apartments as an Object of Ownership: Comparative Legal Analysis and Development Trends. Legal Real Estate Matters 1: 17-21.
[14] Gubarova, A.V., and Latiev, A.N. 2015. Property Abroad. Legal Issues. Nauka.
[15] Kategov, A.C. 2000. Law Enforcement Contradictions. Jantar.
[16] Kirichyok, E.V. 2013. Theoretical aspects of the modernization of the organizational and legal mechanism for ensuring the constitutional rights and freedoms of man and citizen in the Russian Federation. State and Law 11: 69-72.
[17] Kobilenkova, A.I. 2015. On the issue of housing legal relations. Family and Housing Law 4: 31-35.
[18] Kobylinsky, S.V. 2016. The human right to a worthy life as a legal concept. Journal of Advanced Research in Law and Economics 7(1): 1744-1748.
[19] Kokhanovska, О.V. 2018. The civil law norm as a universally binding rule of conduct, as information and the result of creativily. Journal of the National Academy of Legal Sciences of Ukraine 25(2): 142-155.
[20] Kolokolov, N.A. 2010a. The Constitutional Right to the Inviolability of the Home: on the Issue of the Effectiveness of Preventive Judicial Control (Part 1). Russian Judge 6: 20-24.
[21] Kolokolov, N.A. 2010b. The Constitutional Right to the Inviolability of the Home: on the Issue of the Effectiveness of Preventive Judicial Control (Part 2). Russian Judge 7: 24-27.
[22] Kostruba, A.V. 2018. General provisions on succession in the civil law of Ukraine. Journal of the National Academy of Legal Sciences of Ukraine 25(4), 100-113.
[23] Krasavchikova, L.O. 2003. Housing Law and Personal Non-Property Rights of Citizens. Actual Problems of Housing Law. Statut.
[24] Krasheninnikov, P.V. (Ed.). 1999. Legislation on State Registration of Rights to Real Estate and Transactions with It. Spark.
[25] Krasheninnikov, P.V. 2016. Housing Law. Statut.
[26] Kuznetsova, N.S., and Onishchenko, N.N. 2018. The role of the legal initiative in the establishment of civil society. Journalof the National Academy of Legal Sciences of Ukraine 25(1): 120-133.
[27] Melnikova, Yu.V. 2014. Invalidity (nullity) of sham and sham transactions and their legal consequences. Russian Judge 11: 7-12.
[28] Merkurieva, A. (Ed.). 2016a. Civil Code of the Russian Federation. Eksmo.
[29] Merkurieva, A. (Ed.). 2016b. Housing Code of the Russian Federation. Eksmo.
[30] Merkurieva, A. (Ed.). 2016c. Criminal Code of the Russian Federation. Eksmo.
[31] Merkurieva, A. (Ed.). 2016d. Federal Law ‘On State Registration of Rights to Real Estate and Transactions with It’. Eksmo.
[32] Mirolyubova, S.Yu. 2012. The right of citizens to choose their place of residence: content and development prospects. State and Law 12: 13-21.
[33] Novikov, I.A., and Sinelnikova, V.N. 2015. Legal Basis of the Institute of State Registration of Rights to Real Estate. IzdatelskiydomVyssheyshkolyekonomiky.
[34] Orekhov, A.A., Ripetskiy, A.V., and Fedoseev, D.V. 2018. Surface roughness assessment based on discrete model representation for additive manufactured parts. Periodico Tche Quimica 15(Special Issue 1): 514-524.
[35] Resolution of the Constitutional Court of the Russian Federation ‘On the verification of the constitutionality of a number of regulatory acts of the city of Moscow and the Moscow Region, the Stavropol Territory, the Voronezh Region and the city of Voronezh, regulating the registration of citizens arriving for permanent residence in these regions’ dated April 4, 1996. 1996. Meeting of the Legislation of the Russian Federation 16: 1909. http://www.consultant.ru/document/cons_doc_LAW_10033/.
[36] Resolution of the Constitutional Court of the Russian Federation of March 13, 2008 No. 5-P ‘On the case of verifying the constitutionality of certain provisions of sub-paragraphs 1 and 2, paragraph 1 of Article 220 of the Tax Code of the Russian Federation in connection with complaints of citizens of S.I. Anikin, N.V. Ivanova, A.V. Kozlov and T.N. Kozlova. 2008. Collection of Legislation of the Russian Federation 12: 1183, http://www.consultant.ru/document/cons_doc_LAW_75642/.
[37] Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 No. 25 ‘On the application by courts of certain provisions of section 1 of part 1 of the Civil Code of the Russian Federation. 2015. Russian Newspaper 6711(141). http://www.consultant.ru/document/cons_doc_LAW_181602/.
[38] Resolution of the Plenum of the Supreme Court of the Russian Federation of December 27, 2007 No. 51 ‘On judicial practice in cases of fraud, embezzlement and embezzlement’. 2008. Russian Newspaper 4561. https://rg.ru/2008/01/12/sud-voprosy-dok.html.
[39] Rodionova, O.M. 2015. On the issue of the civil legal nature of legally relevant communications. Lawyer 14: 4-8.
[40] Sammi, M., and Dawson, R. 2016. How to Get Rich on Real Estate in Your Free Time. Eksmo.
[41] Sitdikova, L.B. 2016. Living space as a special object of a civil transaction. Russian Justice 8: 9-11.
[42] Suslova, S.I. 2016. The right of common ownership of the dwelling and housing legislation. Family and Housing Law 5: 41-45.
[43] Tolstoy, Yu.I. 2016. Housing Law. Prospect.
[44] Torokina, T.N. 2015. Problems of implementing the rules governing transactions with residential premises belonging to young children. Family and Housing Law 5: 40-43.
[45] Tsukanova, E.Yu. 2015. Offenses as legal facts in housing law. Family and Housing Law 1: 43-47.
[46] Varlamova, N.V. 2009. Human rights as a subject of legal interpretation. State and Law 2: 24-29.
[47] Vlasenko, N.A. 2014. Reasonableness and Certainty in Legal Regulation. INFRA-M.
[48] Volkov, A.V. 2015. On the means of abuse of the right. Civil Law 5: 39-41.
[49] Vylegzhanin, V. 2010. Wormhole Apartments. Nauka.
[50] Vylegzhanin, V. 2016. How to Sell/Buy an Apartment. Nauka.
[51] Yurchenko, S.A. 2018. Refinement of the diatomic model of the interatomic interactions of frenkel for the improvement of methods of non-destructive quality control. Periodico Tche Quimica 15(Special Issue 1): 482-493.
[52] Zakhartsev, S.I. 2014. Some Problems of the Theory and Philosophy of Law. Norma.
[53] Zakhartsev, S.I., and Salnikov, V.P. 2015. Right: rationality and meaninglessness. Legal Science: History and Modernity 9: 17-22.
[54] Zakhartsev, S.I., and Salnikov, V.P. 2016a. The dependence of life on lawyers as philosophical and philosophical and legal problems. Legal Science: History and Modernity 9: 125-129.
[55] Zakhartsev, S.I., and Salnikov, V.P. 2016b. Legal progress – a new philosophical-legal definition. World Politics and Sociology 4: 171-188.
[56] Zgonnikov, P.P. 2016. On some current issues of civil rights protection. Russian Justice 4: 9-12.
[57] Zhukov, V.N. 2010. Right as a value. State and Law 1: 21-34.
[58] Zorkin, V.D. 2016. The right is power and the power is right. World Politics and Sociology 4: 18-32.
Published
2019-03-31
How to Cite
EVGRAFOVA, Irina V.; MARCHENKO, Alexander V.; TRAVIN, Alexander V.. Protection of Homeowners in Russia from Unlawful Encroachment on Their Rights and Legitimate Interests. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 1, p. 155-164, mar. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4337>. Date accessed: 03 dec. 2024. doi: https://doi.org/10.14505//jarle.v10.1(39).16.