Manifestation of civilization of the right in harmonization of rights and duties of citizens - owners of the general property in apartment houses, security of their realization when carrying out capital repairs

From the position of civilizational principles of law, a new legislative model of the organization of carrying out capital repairs of the general property in apartment houses harmonized the rights and duties of owners of the general property in apartment houses and has became a legal basis for the organizational mechanism in their realization. The registered regional operators - non-profit organizations "Funds of Capital Repairs" were given public and significant authority and became the elements of the above mechanism. Among other things, these funds accumulate monetary contributions on capital repairs of those owners of the general property in apartment houses who did not choose the option for formation of special accounts. Regional programs of capital repairs of apartment houses are approved. Interaction of the "Funds of capital repairs" with regional and municipal executive authorities, with housing inspectorates and other bodies, with banks is organized. The scientific analysis of new articles of the Housing Code of the Russian Federation is urgent because of their novelty and lack of scientific economic and legal justification of legal modernization of the housing-and-municipal sector of economy and, as a result, of a large number of various problems, arising in the course of execution of regional capital repair programs. Actual problems include the failure of general property owners in apartment houses to pay monetary contributions on repair and violation of the schedule of repair works. Organizational and legal problems include unresolved issues of financing of services of construction control at the level of standard contracts and misunderstanding by ordering customers that they do not need any permission of self-regulatory organizations for implementation of construction control. Legal problems include infringement of the rights of owners of the general property in apartment houses - new buildings by regional laws in terms of time of their obligation to pay contributions on capital repairs and the authors suggest releasing them from paying such contributions for a warranty period of a developer - for 5 years. According to the authors, the question of choosing the way for formation of capital repairs funds (either on a special account or on the account of a regional operator) by owners of the general property in block sections has to be solved as follows. The way of formation of capital repairs funds of general property in each subsequent block section put into operation has to be analogous to the way of formation of such funds in the first section. The designated and other problems of implementation of regional programs of capital repairs of general property in apartment houses in subjects of the Russian Federation have to become a subject of in-depth, constructive scientific research as this area of legal relations guarantees human right on safe and comfortable accommodation and, finally, the human right to life. Human life, his rights constitute the basis for civilization of law.

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