Жилищные права и интересы граждан и их нотариальная защита

Abstract

The article defines the limits of notary participation in protection of subjective rights and interests of housing relations participants. The question of the correlation between the terms «notarial protection» and «notarial defence» is investigated, and the author gives the arguments in favor of the legislator's position which refers all notarial acts to measures of protection of rights and interests of citizens and legal entities. The ambiguity of understanding the terms «conflict regime», «undisputed regime», «violation of rights and interests» is demonstrated. The scientific debate on the issue of objects of notarial protection is illustrated, the conclusion that subjective rights and interests can act as such objects is formulated. The author draws attention to the absence of an established approach to the distinction of these protection objects types in the science of civil law, analyzes the provisions of the norms of civil and housing legislation, fixing situations of notaries participation in housing rights and interests protection, and indicates the timeliness of the legislative decision on introduction of obligatory notarial certifications of transactions with shares in the right of ownership of dwelling premises. The conclusion about the necessity of the further step-by-step expansion of notaries participation in protection of the subjective rights and interests of participants of housing relationships is formulated.