Abstract

The article discusses the issues of apartment building management, analyzes the concept of common property and opinions of landlords, examines the rights of apartment building management bodies (general meetings of landlords), councils of apartment buildings, as well as studies controversial aspects of law enforcement practices. The research is based on the analysis of the law enforcement practices, including materials of the Supreme Court of the Russian Federation, personal experience, observations of activities of the councils of apartment buildings. The relevance of the issue is due to the lack of conditions for enforcing legal rules, implementing specific legal mechanisms, negative law enforcement practices, numerous legal proceedings and interpretations provided by higher judicial bodies. The work is independent and original. It is aimed at summarizing the current law enforcement practices. The study is carried out at the junction of constitutional, civil, and housing branches of law. The main emphasis is on the analysis of civil law norms governing the property rights and housing relations. The works by civil scientists (M.M. Braginsky, V. V. Vitryansky [1], O.S. Ioffe [2], E.A. Sukhanov [3]) are used as a methodological basis. The author’s previous work deals with the issues of apartment building management from the labor law’s perspective [4]. It seems interesting to analyze the rights of apartment building management bodies and develop recommendations for improving the apartment building management legislation.

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