Categories of title users of premises at the present stage of development of private law and their legal status
In article the housing legislation regarding completeness of definition of a research of a legal status of separate categories of users of premises as participants of the civil and housing relations is analysed. The directions of a further research of a concept and the maintenance of the housing relations are defined. From 14.8 million civil cases considered in 2017 by courts of law, more than 5.8 million or 39% made housing disputes. According to the adviser of Althaus Group Susanna Chiracosjan, besides other factors, such large number of housing disputes can be explained with abundance of low-quality regulations which constantly change. "Housing norms do not understand and not only consumers, but also professionals do not accept. Result - lawsuit". The housing code of the Russian Federation adopted by the State Duma of 22.12.2004 (further - ZhK Russian Federation) became a new stage in development of the housing legislation, were laid great hopes on it, first of all, the law enforcement official. But, unfortunately, not all hopes were equaled. Not accidentally, in thirteen years which passed since introduction of the code to action sixty nine laws on introduction of changes in it are adopted. Emergence of it, unfortunately, of the act which is not deprived of shortcomings, forced to address a research of many, known and earlier again, debatable questions and also put before the doctrine and law enforcement officials other tasks. Today, after seventeen years, it is possible to note that one of the questions needing reconsideration is still the question of need of the new, comprehensively intelligent, based on a scientific basis approach to a research of a concept and signs of the housing relations, a ratio of the civil, housing, family, land legislation. Still the uniform device of concepts is not developed. It is represented that the research at this stage allows to draw a preliminary conclusion on need, first of all, at the doctrinal level, definitions of a concept and the maintenance of the housing relations to which it is necessary to carry the relations on possession, to use and the order of a special object of the rights - premises (at the same time to consider the housing relations as a component of the civil relations) and also adjacent with housing the relations. It is necessary to call all categories of users of premises in ZhK Russian Federation and to define their legal status. Besides, there is an urgent need of development and application of a uniform conceptual framework. It is represented that the housing relations deserve of closer attention and researchers, and the legislator, and, judging by quantity and complexity of lawsuits, and the discipline "The housing right" reasonably joins in curricula of training of lawyers.
Keywords
жилищные отношения, жилое помещение, жилищное законодательство, housing relations, premises, housing legislationAuthors
| Name | Organization | |
| Rakhvalova Marina N. | Novosibirsk Military Institute of a name of the general I.K. Yakovlev of the National Guard Troops of the Russian Federation | Rakhvalova@mail.ru |
References
Categories of title users of premises at the present stage of development of private law and their legal status | Tomsk State University Journal of Law. 2018. № 30. DOI: 10.17223/22253513/30/18