Legal Status of Persons, Who Have Refused to Privatize Residential Premises

• Main Author: M. O. Gur'ev
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2019-09-01
• Series: Сибирское юридическое обозрение
• Subjects: privatization; premises; right of use
• Online Access: https://www.siberianlawreview.ru/jour/article/view/410

In modern Russia, there is often a situation where people are registered in an apartment who once refused to privatize it in favor of another person or who did not participate in such privatization for some other reason, despite the existence of such a right. The apartment, built before the 90s of the previous century, at first belonged to state or municipal property, and then transferred free of charge to the property of the persons living in it in privatization order. In this article, the Author talks about the problems associated with the lack of legal consolidation of this right. The position of the courts of various instances regarding the legal status of these persons, as well as the grounds for recognizing them as having lost the right to use the disputed apartment, is examined. Options for improving legislation to address this issue are proposed.