Issues of Judicial Protection of Violated Rights of Apartment Owners

Abstract

To date the issue of qualifying apartments as a type of real estate has not been resolved at the legislative level; there is no resolution of the issue in terms of determining the intended (economic) purpose of these premises, taking into account the practice of using them for permanent or primary residence. This situation is due to the lack of a definition of apartments in the current legislation. The goal is to consider certain issues of judicial protection of the rights of owners of apartments that have variable intended use, related to the observance of the rights of third parties, the organization of management of buildings in which the apartments are located, with the transfer of apartments from non-residential premises to residential ones. In particular, attempts to change the current legislation in terms of determining the status of apartments are analyzed, taking into account the balance of interests of all participants, taking into account the existing negative and positive experience. The current judicial practice is examined from the point of view of protecting the violated rights of apartment owners during bankruptcy proceedings and enforcement proceedings. Positive contractual structures have been identified when purchasing apartments, taking into account minimizing the legal risks of their owners. The features and disadvantages of taxation of apartments used for permanent residence, including during their alienation, have been identified. That is, the legal institution of apartments, used for the permanent residence of citizens, was considered as a multifaceted complex phenomenon, the regulation of which is carried out by many branches of law. Methods: analysis, synthesis and comparison. The obtained conclusions are of scientific novelty and practical significance, since they contribute to the improvement of the norms of civil legislation and the development of the science of civil law.