RU

Keyword: «residential premises»

In this article, the author considers the issue of determining the legal status of apartments and their role in the system of objects of civil law. Apartments are a relatively new piece of real estate. A systematic analysis of the legislation of the Russian Federation made it possible to identify the main problem: the legal status of apartments is not defined in the legislation, and therefore there are difficulties not only from a theoretical point of view, but also in practice.
The article analyzes problems of law enforcement practice and prospects for improving the regulation of ownership rights to residential premises in the Russian Federation. It examines the balance between constitutional protection of private property and the right to housing, revealing defects in the application of civil, housing, and registration legislation. Particular attention is paid to the legal status of former family members of the owner, transactions involving shares in residential premises, transparency of encumbrances, acquisition of housing in shared construction, and the uncertain status of apartments. The authors substantiate the need for greater legal certainty and propose targeted legislative amendments.
The article analyzes current issues of legal regulation of residential commercial tenancy agreements in the Russian Federation. It examines legislative gaps related to the absence of a statutory definition of commercial tenancy, uncertainty of the parties’ legal status, imbalance between landlord and tenant rights in contract termination, difficulties of state registration of long-term leases, and allocation of utility payment obligations. Particular attention is paid to judicial practice and the legal positions of the Constitutional Court of the Russian Federation. The author substantiates the need to improve Chapter 35 of the Civil Code through targeted amendments ensuring legal certainty and balanced protection.