Пределы права собственности на жилые помещения и возможность заключения договоров краткосрочного найма жилых помещений

Abstract

The article analyses certain restrictions on the right of ownership of residential premises and the validity of their enshrining in the current law. As for the prohibition on the placement of industrial productions its “absorption” by the mentioned general prohibition is argued. The prohibition on missionary activity in residential premises is characterised as a prohibition without any legal content related to housing, which is confirmed by the analysis of law enforcement practice. The prohibition on the accommodation of hotels and the prohibition on the provision of hotel services using residential premises are distingushed. The hotel accommodation prohibition is more definite, in relation to it the clear enough criteria in judicial practice are formulated. In this work these criteria are presented in a generalised form. At the same time this prohibition did not require a separate fixation in the law, because it is covered by the general prohibition on the use of residential premises not for their intended purpose, which is confirmed by the analysis of judicial practice that existed before the inclusion of this prohibition in the text of the Housing Code of the Russian Federation. As for the prohibition on the use of premises for the provision of hotel services the lack of legal certainty of the content of this prohibition is stated. Generalisation of the criteria for distinguishing hotel services from short-term rent of residential premises, developed by judicial practice, has shown that these criteria either do not relate to the problem, and indicate other violations of housing rights, or are extremely controversial.