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Judicial protection of the right to privatization

07/ 06/ 2022
  Author: Polonov Stanislav, lawyer Dynasty Law & Investment The issue of privatization of housing is one of the most pressing issues in our country. Legal aid is often sought by persons who learn that the housing in which they are registered has been privatized without their participation and the latter wish to restore their violated right by declaring the privatization of this housing illegal on the specified grounds in court. the persons place of residence is insufficient to overturn the privatization decision. In particular, the right to privatize housing has persons (tenants, members of his family) who permanently reside in them or for whom such a right to housing is maintained due to certain circumstances. and not more than six months. Also, paragraphs 1-7 of Part 1 of Article 71 of the Housing Code indicate cases where the right to use housing is retained by persons who are absent for more than six months. However, Part 2 of Art. 197 of the Housing Code of the USSR determined that when persons leave for permanent residence in another place (in the same locality), the lease agreement is terminated from the date of such departure. If not all family members leave the dwelling, the tenancy agreement is not terminated, and the retired family member loses the right to use this dwelling from the day of departure. that the person has chosen another place of permanent residence: transportation of all property, conclusion of an employment contract, declaration of medical care, forwarding of correspondence, indication of a new address in official documents, etc. Therefore, a person is considered to have left home, and not temporarily absent under two conditions: not living in the apartment for more than six months and the absence of valid reasons for not living, recognized by the court. Thus, the person is officially registered in this housing. her use of this housing.

Author: Polonov Stanislav, lawyer Dynasty Law & Investment

The issue of privatization of housing is one of the most pressing issues in our country. Legal aid is often sought by persons who learn that the housing in which they are registered has been privatized without their participation and the latter wish to restore their violated right by declaring the privatization of this housing illegal on the specified grounds in court. the person’s place of residence is insufficient to overturn the privatization decision.

In particular, the right to privatize housing has persons (tenants, members of his family) who permanently reside in them or for whom such a right to housing is maintained due to certain circumstances. and not more than six months. Also, paragraphs 1-7 of Part 1 of Article 71 of the Housing Code indicate cases where the right to use housing is retained by persons who are absent for more than six months.

However, Part 2 of Art. 197 of the Housing Code of the USSR determined that when persons leave for permanent residence in another place (in the same locality), the lease agreement is terminated from the date of such departure. If not all family members leave the dwelling, the tenancy agreement is not terminated, and the retired family member loses the right to use this dwelling from the day of departure. that the person has chosen another place of permanent residence: transportation of all property, conclusion of an employment contract, declaration of medical care, forwarding of correspondence, indication of a new address in official documents, etc.

Therefore, a person is considered to have left home, and not temporarily absent under two conditions: not living in the apartment for more than six months and the absence of valid reasons for not living, recognized by the court. Thus, the person is officially registered in this housing. her use of this housing.

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