Protection of the Interests of a Former Family Member-Owner of a Privatized Residential Premises

Abstract

The legislation of the Russian Federation enshrines the right of a former family member-owner of a privatized dwelling premises who gave his consent to privatization in favor of another person (a person who did not take advantage of privatization) to live in a dwelling dor an indefinite period. The nature of this right is not clearly defined and is the subject of numerous doctrinal discussions. Protection of the interests of the authorized person is controversial. As a result of the analysis of judicial practice, the author highlights the main ways to protect the rights of a person who did not take advantage of privatization and concludes that he has an access to such property lawsuits as a negatory claim (including the order to move into a residential building), and a claim for recognition of the right. The paper determines the approach according to which the right of a person who did not take advantage of privatization, along with the rights to live in a residential premises on the basis of a testamentary refusal and on the basis of a contract of lifelong maintenance with a dependent, by its legal nature represents a limited property right to live in someone else’s residential premises, namely, habitation, which, in turn, is a kind of the rights of personal use or usufruct.