Problematic aspects of the theory and practice of transferring premises from non-residential to residential
https://doi.org/10.35854/2219-6242-2023-1-95-101
Abstract
This paper is focused on the problem of legal regulation of the transfer of nonresidential premises to residential and vice versa. The authors reviewed the main normative legal acts regulating this sphere of legal relations. Special emphasis is given to the classification of a group of subjects. The judicial practice on the transfer of non-residential premises to residential and residential premises to non-residential was analyzed. Several problems, which are most frequently faced by the subjects of the legal relations, are disclosed. The grounds for the transfer of non-residential premises to residential are studied and characterized. The analysis of judicial practice showed that in assigning a new legal status to an object of real estate, its features consisting of certain conditions must be primarily considered.
About the Authors
S. M. OganesyanRussian Federation
S. M. Oganesyan — Doctor of Law, Associate Professor, Professor at the Department of Civil Law and Procedure
44a Lermontovskiy Ave., St. Petersburg 190103
A. V. Kuz’min
Russian Federation
A. V. Kuz’min — PhD in Law, Associate Professor, Head of the Department of Civil Law and Procedure
44a Lermontovskiy Ave., St. Petersburg 190103
E. M. Porechnyy
Russian Federation
E. M. Porechnyy — public assistant of the prosecutor’s office of the Vyborgsky district of St. Petersburg
20k12 Lesnoy Ave., St. Petersburg 194044
References
1. Decision of the Chukhloma District Court of the Kostroma Region dated November 30, 2021 in case No. 2-135/2021. Sudebnye i normativnye akty RF. URL: https://sudact.ru/regular/doc/b8ergdDo3NZC/ (accessed on 06.02.2023). (In Russ.).
2. Decision of the Krasnoselsky District Court of St. Petersburg dated May 28, 2020 in case No. 2-254/2020. Sudebnye i normativnye akty RF. URL: https://sudact.ru/regular/doc/uyrM5iiVvE5c/ (accessed on 14.02.2023). (In Russ.).
3. Review of judicial practice in cases related to unauthorized construction. Approved by the Presidium of the Supreme Court of the Russian Federation on November 16, 2022. Garant.ru. URL: https://www.garant.ru/hotlaw/federal/1585240/ (accessed on 20.02.2023). (In Russ.).
Review
For citations:
Oganesyan S.M., Kuz’min A.V., Porechnyy E.M. Problematic aspects of the theory and practice of transferring premises from non-residential to residential. Sociology and Law. 2023;15(1):95-101. (In Russ.) https://doi.org/10.35854/2219-6242-2023-1-95-101