scholarly journals Analysis of the collection rate of contributions for capital repairs of the common property of apartment buildings

2020 ◽  
Vol 10 (3) ◽  
pp. 350-357
Author(s):  
Alexandra Y. Aprelkova ◽  
◽  
Tatyana V. Dobysheva ◽  
Keyword(s):  
Russian Federation ◽  
Common Property ◽  
Public Confidence ◽  
Price Inflation ◽  
Collection Rate ◽  
Apartment Buildings ◽  
Whole Process ◽  
Irkutsk Region ◽  
The Russian Federation ◽  
The Common

This article aims to analyse the formation of monetary accruals from contributions for capital repairs of the common property of apartment buildings and to assess the collection of contributions in the subjects of the Russian Federation. The work presents general provisions on capital repairs of the common property of apartment buildings based on the Housing Code of the Russian Federation, as well as considers the emergence of the concept of "contribution" for the repair of the common property in the Housing Code of the Russian Federation in 2012. The amount of contributions for the repair of apartment buildings is established by the governments of Russian regions based on the sufficiency and availability of funds collected. At the same time, the noted increase in such contributions in the regions of the Russian Federation is associated with price inflation and the VAT increase. The article presents an analysis of the collection rate of contributions for capital repairs of the common property of the hous-ing stock from 2014 to 2019, both in Russia as a whole and in the Irkutsk Region. According to the analysis, the collection of contributions during this period demonstrated an apparent growing trend, thereby indicating the efficiency of regional systems and increasing public confidence. At the same time, the rate of including apartment buildings in regional development programmes remains relatively moderate, which indicates problems with the order of inclusion of these houses in the programmes and insufficient funds in the house accounts. The conducted analysis of the formation of contributions for capital repairs of the common property of apartment buildings showed that the sufficiency of contribu-tions is determined both by their rate for the citizens and the transparency of the whole process of capi-tal repairs.

scholarly journals ON PROPERTY AS AN OBJECT OF THE COMMON PROPERTY RIGHT OF THE SPOUSES IN THE CONTEXT OF THE DRAFT FEDERAL LAW № 835938-7

2021 ◽  
pp. 36-43
Author(s):  
Ольга Юрьевна Косова
Keyword(s):  
Russian Federation ◽  
Common Property ◽  
Property Right ◽  
Federal Law ◽  
Property Relations ◽  
The Family ◽  
The Russian Federation ◽  
The Common ◽  
Family Code

В статье анализируются положения законопроекта, вносящего изменения и дополнения в ст. 34, 39 Семейного кодекса Российской Федерации, дается их оценка, высказываются предложения по редактированию. Обращается внимание на использование в законопроекте отдельных базовых для регулирования имущественных отношений собственности терминов, например, «имущество», «раздел общего имущества супругов». Обосновывается вывод, что общие долги супругов не могут входить в состав их общего имущества. The article analyzes the provisions of the bill introducing amendments and additions to Articles 34, 39 of the Family Code of the Russian Federation, gives their assessment, makes suggestions for editing. Attention is drawn to the use in the draft law of certain basic terms for regulating property relations of ownership, for example, «property», «division of the common property of spouses». The conclusion is substantiated that the common debts of spouses cannot be part of their common property.

scholarly journals Improving programs for capital repairs of apartment buildings and their role in the sustainability of the region

2021 ◽  
Vol 274 ◽  
pp. 10001
Author(s):  
Anna Soloveva ◽  
Olga Antonyan ◽  
Konstantin Generalov ◽  
Kermen Pyurveeva
Keyword(s):  
Common Property ◽  
Housing Stock ◽  
Time Frame ◽  
Apartment Buildings ◽  
Current State ◽  
Volgograd Region ◽  
The Subject ◽  
The Russian Federation ◽  
The Common ◽  
Regional Programs

The current state of the housing stock of the Russian Federation necessitates overhaul of the common property of apartment buildings. The basis of the state program (concept) for overhaul of apartment buildings is formed by regional programs and short-term plans for overhaul of the common property of apartment buildings. Therefore, the purpose of this article was to study the implementation of the regional program for the overhaul of apartment buildings and develop directions for its improvement. The subject of the research is the regional program for the overhaul of the common property of apartment buildings in the Volgograd region, which is a document that guarantees the overhaul within the time frame established in it. The analysis of the implementation of the program according to the data of the Fund For Overhaul of the Volgograd region is presented. The problems of the implementation of the regional program are identified and directions for their elimination are outlined, which will allow achieving the target indicators of the regional overhaul program.

scholarly journals Systematization of interaction between the customer and the contractor responsible for the overhaul work

2021 ◽  
Vol 11 (1) ◽  
pp. 55-62
Author(s):  
Rima S. Petrosyan ◽  
◽  
Vladislav D. Zyukin ◽  
Keyword(s):  
Common Property ◽  
Organizational Factors ◽  
Technical Condition ◽  
Structural Elements ◽  
Apartment Buildings ◽  
Contractual Relationship ◽  
Wear And Tear ◽  
Construction Supervision ◽  
The Russian Federation ◽  
The Common

Introduction. The technical condition of residential houses remains a severe challenge in the present-day phase of the socio-economic development of the Russian Federation. Apartment houses become obsolete in the process of operation; they suffer from physical wear and tear; therefore, the monitoring of their technical condition and timely performance of the work, needed to eliminate any defects in the structural elements of buildings, is needed to ensure the proper maintenance of apartment houses. The scope of work, performed within the framework of overhauls, has been gradually shrinking. The sources of funding the renovation, caused by the wear and tear, are scarce, since real estate owners were permitted not to pay the overhaul charges. Materials and methods. The co-authors analyze versatile elements of the system of interaction between the customer and the contractor in the course of overhauling the common property of apartment houses. The co-authors have identified the main connections that govern interaction between the customer and the contractor at the stages of building examination, identification of the types of work to be performed, drafting the project budget, coordinating overhaul assignments, developing the project documentation, entering into contracts, etc. Results. Systematized processes of interaction between the customer and the contractor that performs the overhaul of common property in apartment buildings can serve as the basis for the methodology that regulates the processes of organizing and performing the overhaul of common property in apartment buildings. Conclusions. The customer is responsible for the timely high-quality overhaul of common property in apartment buildings, namely, the establishment of an overhaul fund, keeping track of the target contributions made by the co-owners, entering into a contractual relationship with a contractor and executing construction supervision. Processes of interaction between the customer and the contractor are regulated by organizational factors and parameters, although they are not limited to scheduled stages, therefore, it is impossible to assess their duration and impact on each stage of work.

scholarly journals Risks in housing and communal services and major repairs program for apartment buildings in Moscow. Experience of the first years of implementation

2018 ◽  
Vol 251 ◽  
pp. 06022
Author(s):  
Artem Davidyuk ◽  
Igor Rumyantsev
Keyword(s):  
Russian Federation ◽  
Common Property ◽  
The State ◽  
Capital City ◽  
Federal Law ◽  
Maintenance And Repair ◽  
Low Level ◽  
Apartment Buildings ◽  
Pros And Cons ◽  
The Russian Federation

The Housing Code of the Russian Federation has been significantly amended by Federal Law No. 271-FZ of December 25, 2012 [1] with respect to the issues pertaining to major repairs of apartment buildings. Since that moment, the obligation to pay for maintenance and repair of common property has transferred from the state to owners. Since 2013 owners of the premises are required to pay for major repairs the minimum amount (17 rubles per one square meter in Moscow) set by the regulatory legal act of the sub-federal unit of the Russian Federation, or larger amounts (in excess of the minimum) approved by the meeting of owners [2]. In each region of the Russian Federation regional major repair programs were adopted; in Moscow this program was adopted later, at the end of 2014 [3-5], which allowed considering all the pros and cons that had appeared in the regions. Along with the undeniable advantages, the repair in the capital city for the first 3 years (2015-2017) has shown a number of disadvantages and significant risks associated with the low level of design and subsequent problems with the quality, timing and budget constraints encountered by contractors at the repair stage.

scholarly journals To the question of planning the volume of investments for capital repair of the common property in the apartment buildings in the Irkutsk region

2018 ◽  
Vol 212 ◽  
pp. 08009
Author(s):  
Ekaterina Dedukhina ◽  
Irina Torgashina
Keyword(s):  
Common Property ◽  
Cost Of Capital ◽  
Residential Buildings ◽  
Capital Repair ◽  
Apartment Buildings ◽  
Irkutsk Region ◽  
The Common ◽  
The Cost

The regional program of capital repair of the common property in multi-apartment buildings located on the territory of the Irkutsk region is analyzed in this paper. The drawbacks of the program are described. Particular attention has been paid to the identification of dependence of the residential buildings characteristics and the cost of capital repairs. Proposals have been made to improve the mechanism for financing capital repair of the common property in the apartment buildings.

scholarly journals Public Property Authorities

2021 ◽  
Vol 6 ◽  
pp. 16-25
Author(s):  
Andrey B. Agapov ◽  
Keyword(s):  
Intellectual Property ◽  
Federal Government ◽  
Russian Federation ◽  
Common Property ◽  
Legal Status ◽  
Public Property ◽  
The Russian Federation ◽  
The Common ◽  
The Republic ◽  
The City

The content of the powers of possession, use and disposal of public property of the federal government, the President of the Russian Federation, federal executive authorities is investigated. The article considers the prescriptions of the constitutions and charters of the constituent entities of the Russian Federation, which determine the content of the powers to manage public property, while the presence of public (state and municipal), as well as private and intellectual property is postulated directly in the Constitution of the Russian Federation. The constitutional legislation of the constituent entities of the Russian Federation determines the foundations of the legal status of another type of public property, namely the common property of the city of Moscow and the Russian Federation, along with it, the Constitution of the Republic of Sakha (Yakutia) provides for the existence of collective property.

scholarly journals The Improvement of Housing Law Terminology in the Legal Regulation of Apartment Block Management Operations

2020 ◽  
Vol 6 ◽  
pp. 44-47
Author(s):  
Sergey V. Taradonov ◽  
◽  
Igor O. Ivanov ◽  
Keyword(s):  
Russian Federation ◽  
Common Property ◽  
Legal Regulation ◽  
Apartment Buildings ◽  
The Russian Federation

The article deals with the issues of legal regulation of management of apartment buildings in the Russian Federation, the existing shortcomings of housing legislation in the field of terminology that defines the interaction between objects and subjects of housing relations. The article substantiates recommendations and suggestions for introducing the necessary terms and definitions into the housing legislation in the sphere of management, maintenance and operation of apartment buildings as objects of common property of owners of premises.

scholarly journals Problems of Interpretation of Paragraph 2 of Article 35 of the Family Code of the Russian Federation in Russian Legal Science and Jurisprudence

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 9-19
Author(s):  
A. A. Dobrovinskiy
Keyword(s):  
Russian Federation ◽  
Common Property ◽  
Legal Regulation ◽  
Property Relations ◽  
The Supreme Court ◽  
The Family ◽  
The Russian Federation ◽  
The Common ◽  
Relationship Of ◽  
Family Code

The paper analyzes the issues of interpretation and application of the presumption of spousal consent in transactions involving the common property of spouses. Presumption of spousal consent to carry out transactions with common property is considered in the context of its correlation with the principle of equality of spouses, including property relations. The paper deals with the jurisprudence on this issue, including the decisions of the Supreme Court of the Russian Federation. The author has determined practical problems in the field of application of this rule of law. The author comes to the conclusion that the legal regulation of the legal regime of property of spouses, in force at present, has a number of shortcomings that not only violate the rights of co-owners of the specified property, but also, in our view, are often contrary to the law. In particular, the current jurisprudence with regard to paragraph 1 of section 2 of Article 35 of the RF Family Code contradicts both the constitutional rule enshrined in Article 35 of the Constitution of the Russian Federation providing for the protection of the interests of the owner and the norms of the Family Code of the Russian Federation establishing the principle of equality of spouses in property relations (Articles 21, 31, 35). The paper gives reasonable proposals to improve the legislation. To this end, the author suggests the following wording for Paragraph 1 of Section 2 of Article 35 of the Family Code of the Russian Federation: “When one of the spouses carries out a transaction in the administration of the common property of the spouses, it is assumed that one spouse acts with the consent of the other spouse. This assumption applies exclusively to the legal relationship of spouses with third parties.”

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