Legal relations in the field of housing rights. Possible types of housing legal relations - what are their features? Grounds for the emergence of housing legal relations

The content of housing legal relations consists of the rights and obligations of its participants.
In accordance with Art. 4 of the RF Housing Code regulates relations regarding:
1) the emergence, implementation, change, termination of the right of ownership, use, disposal of residential premises of state and municipal housing funds (Section 2 of the Housing Code of the Russian Federation);
2) use of residential premises of a private housing stock;
3) use of the common property of the owners of the premises (in accordance with Articles 36 - 38 of the Housing Code of the Russian Federation);
4) classifying premises as residential premises and excluding them from the housing stock (Articles 22 - 24 of the Housing Code of the Russian Federation);
5) housing stock accounting;
6) maintenance and repair of residential premises;
7) reconstruction and redevelopment of residential premises (Articles 25 - 29 of the Housing Code of the Russian Federation);
8) management of apartment buildings (Articles 161 - 165 of the Housing Code of the Russian Federation);
9) the creation and activities of housing and housing construction cooperatives, homeowners’ associations, the rights and obligations of their members (Sections 5 and 6 of the Code);
10) provision of public services (Articles 153 - 160 of the Housing Code of the Russian Federation);
11) payment for residential premises and utilities (Article 155 of the Housing Code of the Russian Federation);
12) control over the use and safety of the housing stock, compliance of residential premises with established sanitary and technical rules and regulations, and other legal requirements (Article 20 of the Housing Code of the Russian Federation).
It is necessary to consider a number of specific examples that specify the content of housing legal relations regarding:
1) use of residential premises. This right is contained in Art. 17 Housing Code of the Russian Federation. The use of residential premises is carried out in accordance with its purpose, taking into account the rights and legitimate interests of citizens and neighbors living in this residential premises, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved Government of the Russian Federation.
Depending on who is the user of the residential premises - the owner or the tenant, the rights and obligations associated with this component of the concept of the content of housing legal relations are different:
a) the owner of the residential premises exercises the rights of ownership, use and disposal of the residential premises belonging to him by right of ownership. Moreover, it is he who bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of the premises in the corresponding apartment building, and the owner of a room in a communal apartment also bears the burden of maintaining the common property of the owners of rooms in such an apartment, unless otherwise provided by federal law or a contract. The owner of a residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building;
b) under a social tenancy agreement, residential premises are transferred by the landlord to the tenant for possession and use for living in it under the conditions established by the Housing Code of the Russian Federation. The tenant of residential premises in an apartment building, under a social tenancy agreement for this residential premises, acquires the right to use the common property in this building.
In accordance with the Rules for the Use of Residential Premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25, the tenant is obliged to:
a) use the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation;
b) use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises;
c) ensure the safety of the residential premises, prevent the performance of work in the residential premises or the commission of other actions leading to its damage;
d) maintain the proper condition of the residential premises, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the residential premises, entrances, elevator cabins, stairwells, and other common areas, ensure the safety of sanitary and other equipment equipment;
e) immediately take possible measures to eliminate detected defects in the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or the relevant management organization;
f) carry out routine repairs of residential premises;
g) pay rent for housing and utilities on time. The obligation to pay for residential premises and utilities arises from the moment of concluding a social tenancy agreement for residential premises;
h) inform the landlord, within the time frame established by the social tenancy agreement, about changes in the grounds and conditions affecting the use of the residential premises;
i) allow, at a pre-agreed time, into the residential premises employees of the landlord or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, as well as to carry out the necessary repair work ;
j) not carry out reconstruction and (or) redevelopment of residential premises in violation of the established procedure;
k) upon termination of the right to use residential premises, hand over to the lessor in good condition the residential premises, sanitary and other equipment located in it, pay the cost of repairs of the residential premises, sanitary and technical and other equipment located in it that were not carried out by the tenant, or carry out repairs at your own expense, as well as pay off debts for payment of housing and utilities.
In this case, as a user of residential premises, the tenant has the right:
a) move other persons into the occupied residential premises. Move-in is carried out with the consent (in writing) of family members of the tenant, including those temporarily absent, and the landlord. The consent of other family members and the landlord is not required to move their minor children into the parents' home;
b) with the consent (in writing) of the landlord and members of his family living with the tenant, including those temporarily absent, part of the residential premises, and in the case of temporary departure - all of the residential premises for sublease on the terms established by the Housing Code of the Russian Federation;
c) allow, by mutual agreement with family members living together with the tenant and with prior notification to the landlord, free residence in residential premises for citizens as temporary residents under the conditions established by the Housing Code of the Russian Federation;
d) with the consent (in writing) of the landlord and his family members living with the tenant, including those temporarily absent, exchange the occupied residential premises for residential premises occupied under a social rental agreement for residential premises by another tenant;
e) demand from the landlord timely major repairs of the residential premises, proper participation in the maintenance of common property in the apartment building, as well as the provision of utilities;
2) payments for housing and utilities. The obligation to pay for housing and utilities arises from:
a) the tenant of residential premises under a social tenancy agreement from the moment of conclusion of such an agreement;
b) a tenant of residential premises of the state or municipal housing stock from the moment of conclusion of the relevant lease agreement;
c) a tenant of residential premises under a rental agreement for residential premises of the state or municipal housing stock from the moment of conclusion of such an agreement;
d) a member of a housing cooperative from the moment the housing cooperative provides residential premises;
e) the owner of the residential premises from the moment the right of ownership to the residential premises arises.
Persons who have lately and (or) not fully paid for housing and utilities (debtors) are obliged to pay the creditor a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at the time of payment, from the amounts not paid on time for each day of delay starting from the next day after the due date for payment until the day of actual payment, inclusive. An increase in the established amount of penalties is not allowed;
3) management of apartment buildings. It must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolution of issues related to the use of said property, as well as the provision of utilities to citizens living in such a building.
If there are owners of premises in an apartment building, they are required to choose one of the methods of managing the apartment building:
a) direct management of the owners of premises in an apartment building;
b) management of a homeowners’ association or a housing cooperative or other specialized consumer cooperative;
c) management of the management organization.
If all premises of an apartment building are owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, the management procedure is established respectively by the Government of the Russian Federation, the state authority of the constituent entity of the Russian Federation and the local government body.
In Art. 10 of the Housing Code of the Russian Federation establishes the grounds for the emergence of housing rights and obligations. They represent legal facts (actions and events). The Code allows for the manifestation of housing rights and obligations when a legal fact is not provided for by legal acts, but at the same time corresponds to the general principles and meaning of housing legislation. This article provides for the following grounds for the emergence of housing rights and obligations:
1) agreements and other transactions provided for by federal law, and also, although not provided for by federal law, but not contrary to it. In other words, the Housing Code of the Russian Federation allows as a basis bilateral, multilateral transactions (agreements), as well as unilateral transactions for which the will of one party is sufficient. This legal fact is currently the main fact giving rise to housing rights and obligations;
2) acts of state bodies and local government bodies, which are provided for by housing legislation as the basis for the emergence of housing rights and obligations. This legal fact is an expression of power;
3) court decisions establishing housing rights and obligations. That is, from the moment the said decision enters into legal force, housing rights and obligations arise;
4) acquisition of ownership of residential premises on the grounds permitted by federal law. This fact is subject to mandatory registration in the relevant department of the Federal Registration Service (Rosregistration);
5) membership in housing or housing construction cooperatives in accordance with Section 5 of the Housing Code of the Russian Federation and Federal Law of December 30, 2004 No. 215-FZ “On Housing Savings Cooperatives”;
6) actions (inaction) of participants in housing relations or the occurrence of events with which a federal law or other regulatory legal act connects the emergence of housing rights and obligations.

In accordance with Art. 4 of the RF Housing Code regulates relations regarding:

1) the emergence, implementation, change, termination of the right of ownership, use, disposal of residential premises of state and municipal housing funds (Section 2 of the Housing Code of the Russian Federation);

2) use of residential premises of a private housing stock;

3) use of the common property of the owners of the premises (in accordance with Articles 36 - 38 of the Housing Code of the Russian Federation);

4) classifying premises as residential premises and excluding them from the housing stock (Articles 22 - 24 of the Housing Code of the Russian Federation);

5) housing stock accounting;

7) reconstruction and redevelopment of residential premises (Articles 25 - 29 of the Housing Code of the Russian Federation);

8) management of apartment buildings (Articles 161 - 165 of the Housing Code of the Russian Federation);

9) the creation and activities of housing and housing construction cooperatives, homeowners’ associations, the rights and obligations of their members (Sections 5 and 6 of the Code);

10) provision of public services (Articles 153 - 160 of the Housing Code of the Russian Federation);

11) payment for residential premises and utilities (Article 155 of the Housing Code of the Russian Federation);

12) control over the use and safety of the housing stock, compliance of residential premises with established sanitary and technical rules and regulations, and other legal requirements (Article 20 of the Housing Code of the Russian Federation).

It is necessary to consider a number of specific examples that specify the content of housing legal relations regarding:

1) use of residential premises. This right is contained in Art. 17 Housing Code of the Russian Federation. The use of residential premises is carried out in accordance with its purpose, taking into account the rights and legitimate interests of citizens and neighbors living in this residential premises, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved Government of the Russian Federation.

Depending on who is the user of the residential premises - the owner or the tenant, the rights and obligations associated with this component of the concept of the content of housing legal relations are different:

a) the owner of the residential premises exercises the rights of ownership, use and disposal of the residential premises belonging to him by right of ownership. Moreover, it is he who bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of the premises in the corresponding apartment building, and the owner of a room in a communal apartment also bears the burden of maintaining the common property of the owners of rooms in such an apartment, unless otherwise provided by federal law or a contract. The owner of a residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building;

b) under a social tenancy agreement, residential premises are transferred by the landlord to the tenant for possession and use for living in it under the conditions established by the Housing Code of the Russian Federation. The tenant of residential premises in an apartment building, under a social tenancy agreement for this residential premises, acquires the right to use the common property in this building.

In accordance with the Rules for the Use of Residential Premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25, the tenant is obliged to:

a) use the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation;

b) use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises;

c) ensure the safety of the residential premises, prevent the performance of work in the residential premises or the commission of other actions leading to its damage;

d) maintain the proper condition of the residential premises, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the residential premises, entrances, elevator cabins, stairwells, and other common areas, ensure the safety of sanitary and other equipment equipment;

e) immediately take possible measures to eliminate detected defects in the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or the relevant management organization;

f) carry out routine repairs of residential premises;

g) pay rent for housing and utilities on time. The obligation to pay for residential premises and utilities arises from the moment of concluding a social tenancy agreement for residential premises;

h) inform the landlord, within the time frame established by the social tenancy agreement, about changes in the grounds and conditions affecting the use of the residential premises;

i) allow, at a pre-agreed time, into the residential premises employees of the landlord or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, as well as to carry out the necessary repair work ;

j) not carry out reconstruction and (or) redevelopment of residential premises in violation of the established procedure;

k) upon termination of the right to use residential premises, hand over to the lessor in good condition the residential premises, sanitary and other equipment located in it, pay the cost of repairs of the residential premises, sanitary and technical and other equipment located in it that were not carried out by the tenant, or carry out repairs at your own expense, as well as pay off debts for payment of housing and utilities.

In this case, as a user of residential premises, the tenant has the right:

a) move other persons into the occupied residential premises. Move-in is carried out with the consent (in writing) of family members of the tenant, including those temporarily absent, and the landlord. The consent of other family members and the landlord is not required to move their minor children into the parents' home;

b) with the consent (in writing) of the landlord and members of his family living with the tenant, including those temporarily absent, part of the residential premises, and in the case of temporary departure - all of the residential premises for sublease on the terms established by the Housing Code of the Russian Federation;

c) allow, by mutual agreement with family members living together with the tenant and with prior notification to the landlord, free residence in residential premises for citizens as temporary residents under the conditions established by the Housing Code of the Russian Federation;

d) with the consent (in writing) of the landlord and his family members living with the tenant, including those temporarily absent, exchange the occupied residential premises for residential premises occupied under a social rental agreement for residential premises by another tenant;

e) demand from the landlord timely major repairs of the residential premises, proper participation in the maintenance of common property in the apartment building, as well as the provision of utilities;

2) payments for housing and utilities. The obligation to pay for housing and utilities arises from:

a) the tenant of residential premises under a social tenancy agreement from the moment of conclusion of such an agreement;

b) a tenant of residential premises of the state or municipal housing stock from the moment of conclusion of the relevant lease agreement;

c) a tenant of residential premises under a rental agreement for residential premises of the state or municipal housing stock from the moment of conclusion of such an agreement;

d) a member of a housing cooperative from the moment the housing cooperative provides residential premises;

e) the owner of the residential premises from the moment the right of ownership to the residential premises arises.

Persons who have lately and (or) not fully paid for housing and utilities (debtors) are obliged to pay the creditor a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at the time of payment, from the amounts not paid on time for each day of delay starting from the next day after the due date for payment until the day of actual payment, inclusive. An increase in the established amount of penalties is not allowed;

3) management of apartment buildings. It must ensure favorable and safe living conditions for citizens, proper maintenance of common property in an apartment building, resolution of issues related to the use of said property, as well as the provision of utilities to citizens living in such a building.

If there are owners of premises in an apartment building, they are required to choose one of the methods of managing the apartment building:

a) direct management of the owners of premises in an apartment building;

b) management of a homeowners’ association or a housing cooperative or other specialized consumer cooperative;

c) management of the management organization.

If all premises of an apartment building are owned by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, the management procedure is established respectively by the Government of the Russian Federation, the state authority of the constituent entity of the Russian Federation and the local government body.

In Art. 10 of the Housing Code of the Russian Federation establishes the grounds for the emergence of housing rights and obligations. They represent legal facts (actions and events). The Code allows for the manifestation of housing rights and obligations when a legal fact is not provided for by legal acts, but at the same time corresponds to the general principles and meaning of housing legislation. This article provides for the following grounds for the emergence of housing rights and obligations:

1) agreements and other transactions provided for by federal law, and also, although not provided for by federal law, but not contrary to it. In other words, the Housing Code of the Russian Federation allows as a basis bilateral, multilateral transactions (agreements), as well as unilateral transactions for which the will of one party is sufficient. This legal fact is currently the main fact giving rise to housing rights and obligations;

2) acts of state bodies and local government bodies, which are provided for by housing legislation as the basis for the emergence of housing rights and obligations. This legal fact is an expression of power;

3) court decisions establishing housing rights and obligations. That is, from the moment the said decision enters into legal force, housing rights and obligations arise;

4) acquisition of ownership of residential premises on the grounds permitted by federal law. This fact is subject to mandatory registration in the relevant department of the Federal Registration Service (Rosregistration);

5) membership in housing or housing construction cooperatives in accordance with Section 5 of the Housing Code of the Russian Federation and Federal Law of December 30, 2004 No. 215-FZ “On Housing Savings Cooperatives”;

6) actions (inaction) of participants in housing relations or the occurrence of events with which a federal law or other regulatory legal act connects the emergence of housing rights and obligations.

Previous

The content of housing legal relations is formed by the mutual rights and obligations of its subjects (participants). They differ in nature and scope depending on the legal regime of the residential premises, the subject composition and the type of housing legal relationship. In organizational relations, a citizen who has the right to receive living space from the social use fund acquires the right to claim from the authorities that, in accordance with the law, keep records of citizens in need of improved housing conditions, as a result of which they are obliged, subject to certain conditions, to register the citizen to improve living conditions, make a decision on the provision of specific residential premises. Similar relationships arise in connection with a citizen joining a housing construction or housing cooperative and receiving living space in it. The peculiarity of such legal relations is that one of their parties is a body authorized by law to promote the implementation of a citizen’s constitutional right to housing.

Housing property legal relations arise from the moment of issuing a warrant and concluding a social tenancy agreement (or an agreement on the use of official residential premises, premises in a dormitory or other specialized fund), in other cases from the moment of concluding a tenancy agreement for residential premises (commercial tenancy agreement, sublease agreement, move-in agreement) temporary residents, etc.). A housing construction cooperative (housing cooperative) as a subject of housing law differs from legal entities and landlords in its special legal status. He is not a landlord of cooperative apartments. Acting as their owner, he is obliged to provide residential premises for use only to shareholders and members of their families. With the adoption of a decision by the general meeting to provide a member of a housing cooperative (HC) with residential premises, housing property relations arise.

The peculiarity of property legal relations is that the rights and obligations of their (legal relations) parties are mainly rights (and therefore obligations) for the use of residential premises, aimed at the material object - residential premises. As a result, the rights of the user of residential space have the nature of real rights (along with their obligatory features). Therefore, it is no coincidence that the subjective rights of the user of a residential premises, rather than his responsibilities, occupy a greater place in the legislation. The set of rights of a tenant to use and dispose of residential premises provided to him under a contract or other basis is sometimes called the right to living space, meaning a special right to the residential premises he occupies. For example, S.I. Asknaziy understood the right to living space as a special civil law institution of a property-law nature (Asknaziy S.I., Braude I.L., Pergament A.I. Housing Law. M., 1956. P. 48); True, he, clarifying his position, proposed to understand the “right to housing” as a term expressing the complex of rights of the tenant to use and dispose of residential premises provided to him under a contract or other legal basis (Ibid., pp. 86, 87). According to Yu.G. Basin, the term “right to housing” is unsuccessful, since it coincides with the subjective right to use residential premises, so he proposed calling this institution “housing law” (Basin Yu.G. Issues of Soviet housing law. Alma-Ata, 1963. P. 18 ). V.P. Gribanov believed that the right to living space includes the right to housing (V.P. Gribanov, Fundamentals of Soviet Housing Legislation. M., 1983, pp. 25-27).

Obviously, the term “right to housing” is used in the literature and in practice in various meanings, including as a special property right, covering the totality of powers of the user of residential premises obtained on various legal grounds. It seems that this term can be taken in the latter meaning. The content of the right to residential premises includes the rights (and obligations) to use residential premises and some rights to dispose of housing (the right to exchange, to move in other persons, to partition, etc.). However, since a citizen uses “someone else’s” residential premises (as belonging to another person by right of ownership), these rights are exercised under the control of the owner or a person authorized by him (for example, a sublease agreement for residential premises can only be concluded with the consent of the landlord). Moreover, the owner (or a person authorized by him) is obliged to ensure the normal use of the residential premises by the user (perform major repairs of the building, routine repairs of equipment, provide utilities).

So, the main figure in housing legal relations is the citizen, the user of the residential premises, who is endowed with certain rights regarding the residential premises used and the other side of the legal relationship. The latter bears responsibilities to ensure the proper implementation of these rights and has the right to control their implementation. At the same time, the housing legal relationship is obligatory, therefore the owner (the person authorized by him) is endowed with certain rights, but there are few of them and they are aimed at obtaining reimbursement for the costs of maintaining and managing the housing stock, and for providing the user with utilities; he also has the right to control the proper use of the housing stock by its users.

During the transition to the market, the methods and principles of regulating housing relations between citizens and government bodies regarding the provision of residential premises, concluding rental agreements, paying for housing and utilities have changed.

Legislation has provided citizens with greater rights to purchase housing as private property without limiting its quantity, size and value (as a result of privatization of housing, free purchase and sale by owners, exchange, will, gift). The rights for individual housing construction, the creation of developer partnerships, and participation in housing and housing construction cooperatives have been expanded.

Housing legal relations- these are social relations regulated by the norms of housing legislation. This is a general, generic concept that covers various types of relations regulated by legal norms that arise regarding housing: ownership, use and disposal of residential premises, provision of residential premises to those in need, management and operation of the housing stock, etc.

As a result of regulation by the norms of housing law, public relations acquire a legal form and become housing legal relations.

In legal science, two types of housing legal relations are distinguished: organizational - built on the principles of power and subordination (for example, relations for managing the housing stock, registering citizens in need of housing and housing distribution), and developing on the basis of equality of their participants, which are divided into property ( for example, legal relations for the use of residential premises) and personal non-property relations (for example, arising from the fact of proximity to a communal apartment). Most property relations.

Part 1 art. 4 of the Housing Code of the Russian Federation establishes a list of housing relations.

Thus, housing legislation regulates relations regarding:

1. the emergence, implementation, change, termination of the right of ownership, use, disposal of residential premises of state and municipal housing funds;
2. use of residential premises of private housing stock;
3. use of common property of premises owners;
4. classifying premises as residential premises and excluding them from the housing stock;
5. accounting of housing stock;
6. maintenance and repair of residential premises;
7. reconstruction and redevelopment of residential premises;
8. management of apartment buildings;
9. creation and activities of housing and housing-construction cooperatives, homeowners' associations, the rights and obligations of their members;
10. provision of public services;
11. payment for residential premises and utilities, including payment of a contribution for major repairs of common property in an apartment building;
12. formation and use of a capital repair fund for common property in an apartment building (hereinafter referred to as the capital repair fund);
13. control over the use and safety of the housing stock, compliance of residential premises with established sanitary and technical rules and regulations, and other legal requirements;
14. implementation of state housing supervision and municipal housing control;
15. limiting the increase in the amount of payments made by citizens for utility services.

Object and subjects of housing legal relations

In the legal literature there is still no clear understanding of what is the object of housing legal relations. The answer to this question is much easier to find in legislation. According to Part 1 of Art. 15 of the Housing Code of the Russian Federation, the only object of housing legal relations is residential premises. These include residential buildings, parts of residential buildings, parts of apartments, and rooms.

The range of subjects of housing legal relations is quite wide and diverse:

• parties to the housing legal relationship;
• users of residential premises who do not coincide with the parties to the obligations;
• persons who have an independent right to use residential premises;
• persons whose rights are dependent, derivative, etc.

The main subjects of housing legal relations are their parties.

The parties, for example, to housing organizational legal relations, on the one hand, are the bodies authorized to keep records of persons in need of residential premises and distribute housing, on the other hand, a citizen who has the right to receive housing in a given housing stock.

In housing property legal relations, only citizens can be users of residential premises (tenant, member of a housing or housing construction cooperative, members of their families and other persons who have an independent right to use residential premises; subtenants and temporary residents).

Housing law also uses the term “family”, understanding the essence of which is important when defining such entities as “a member of the owner’s family”, “a member of the tenant’s family”. There is no legal definition of family. In housing law, "family" is understood more broadly than in family law. This is a group of people, a community of people based on marriage, kinship, property or living together in the same dwelling and leading with the tenant of the living space, as a rule, a joint household, which means the presence of a common budget, common expenses for paying for housing, mutual care and etc.

However, the legislation is structured in such a way that the family as a community of people is not an independent subject of housing legal relations.

Grounds for the emergence of housing legal relations

Housing rights and obligations arise from the grounds provided for in Art. 10 of the Housing Code of the Russian Federation, other federal laws and other legal acts, as well as from the actions of participants in housing legal relations, which, although not provided for by such acts, but due to the general principles and meaning of housing legislation give rise to housing rights and obligations.

The Housing Code of the Russian Federation lists legal facts - life circumstances that lead to the emergence of housing legal relations. Similar legal facts also entail changes and termination of housing legal relations.

Legal facts are divided into two types: actions (depending on the will of the subjects of legal relations) and events (do not depend on the will of legal relations).

Actions, in turn, are divided into legal and illegal.

So, housing rights and obligations arise from the following legal facts:

1. from contracts and other transactions provided for by federal law, as well as from contracts and other transactions, although not provided for by federal law, but not contradicting it. The most common legal facts are contracts and other transactions;
2. from acts of state bodies and acts of local government bodies, which are provided for by housing legislation as the basis for the emergence of housing rights and obligations. For example, state registration of the right to residential premises, a decision of the executive body of state power to provide residential premises;
3. from court decisions establishing housing rights and obligations;
4. as a result of the acquisition of ownership of residential premises on the grounds permitted by federal law;
5. from membership in housing or housing construction cooperatives;
6. as a result of actions (inaction) of participants in housing relations or the occurrence of events with which federal law or other regulatory legal acts link the emergence of housing rights and obligations.

Legal facts can be combined into a legal composition.

This means that for a legal relationship to arise, the totality of those specified in Art. 10 LC RF legal facts.

For example, when transferring ownership under an agreement, it is necessary not only to conclude the agreement in writing, but also to comply with the requirements of state registration of the agreement and transfer of ownership.

They differ in nature and scope depending on the legal regime of the residential premises, the subject composition and the type of housing legal relationship.

Thus, in organizational relations, a citizen who has the right to receive living space from the social use fund acquires the right to claim from bodies that, in accordance with the law, keep records of citizens in need of improved housing conditions, as a result of which they bear the obligation, subject to certain conditions: to supply UAH for registration, make a decision on the provision of specific residential premises, etc.

Housing property legal relations arise from the moment a decision is made to provide residential premises and the conclusion of a social or commercial tenancy agreement, etc.

The peculiarity of property legal relations is that the rights and obligations of the parties in this legal relationship are mainly the rights and obligations for the use of residential premises, aimed at a material object - residential premises.

As a result, the rights of the user of residential space have the nature of real rights (along with their obligatory features). The set of rights of a tenant to use and dispose of residential premises provided to him under a contract or other basis is sometimes referred to as the “right to living space,” meaning a special right to the residential premises he occupies.

The housing legislation does not define the concept of “housing relations”. The concept, structure and types of housing legal relations is a rather complex topic. Until the Housing Code of the RSFSR was adopted, this concept usually meant civil law relations arising in relation to the use of residential premises. These relations were regulated by civil law. After the adoption of the Housing Code, the term “housing relations” began to be used in a broader sense.

Let's consider the types of housing legal relations, what they are.

What are housing relations?

Housing legal relations arise when resolving issues of ownership, as well as use, change and termination of rights of use, disposal of residential premises that are in state, municipal or private disposal. This also includes issues of redevelopment of residential premises, the activities of housing cooperatives and partnerships, as well as payment for housing and communal services and the preservation of the housing stock.

In other words, they represent the relationships that arise regarding the ownership, use, disposal and management of the housing stock.

Structure of housing legal relations

Let us reveal the concept and types of housing legal relations.

The structure of any legal relationship is a combination of three elements. This is the subject, object and content of legal relations. The subjects in this case include persons, including legal entities, taking part in housing legal relations. In addition, these may be citizens of foreign states, foreign legal entities and stateless persons. The main subjects of these legal relations are the owners or tenants of residential premises. Moreover, only citizens have the right to be employers. When a legal entity enters into a lease agreement for premises, it is a party to the lease agreement, but does not have housing rights. A legal entity has the right to use housing stock only for the purpose of residence of citizens. The object of housing legal relations is always a living space.

As for the issue of the content of these legal relations, its multifaceted nature does not allow us to consider it completely in this article. Let’s just say that the legal content of housing legal relations is understood as the rights and obligations that bind the subjects of these legal relations. In addition to the legal content of legal relations, a distinction is made between material and ideological. Material content is a social relationship that underlies a legal relationship and is secured with its help. Ideological content presupposes the will of the state, as a necessary cog for the connection between material and legal content.

Types of housing legal relations

Issues related to housing legal relations are diverse, but legal scholars have managed to divide them into two groups.

The first group includes organizational legal relations that develop on a power basis with government officials. The second group includes property legal relations that are formed on a parity basis between their participants. This also includes relationships between subjects in matters of use and ownership of housing stock. Such relationships may be based on a social or commercial rental agreement.

In addition, participants in lease agreements for residential premises of specialized housing stock, as well as sublease agreements for residential premises, can also be included in this group. In this case, this is just an example; there are other types of relationships between participants in housing legal relations. The owner of the housing stock can be a legal entity, the state, federal subjects, or municipalities. In this case, the owner manages the housing stock through housing and communal services management bodies. The relationships that arise in the management of the housing stock do not relate to organizational relations; rather, these are purely management issues. A completely opposite situation arises in the relationship between housing maintenance companies and housing users. As a rule, this is a relationship arising from a rental agreement.

The concept and types of objects of housing legal relations are of interest to many.

With the formation of the residential premises market, almost all residential premises are involved in it (with the exception of social premises, which are transferred to those in need free of charge). Market relations usually arise on the basis of a commercial lease agreement, sublease agreement and other agreements, concluded in most cases on a paid basis, and are regulated by civil law.

Other types of housing relationships

The Housing Code regulates relations that arise in connection with:

• The emergence, implementation, change, termination of ownership, use and disposal of residential premises owned by the state and municipalities.
• Use of residential premises owned by private owners.
• Use of common property of premises owners.
• Recognition of premises as residential and their exclusion from the housing stock.
• Housing stock accounting.
• Maintenance and repair of housing.
• Reconstruction and redevelopment of residential premises.
• Management of residential buildings.
• Providing utility services.
• Payment for housing and utilities.

These types of housing legal relations are quite common.

Subtypes of housing relations

This list of possible housing legal relations is fixed by the legislator. The above types are divided into subtypes, for example, in this situation there may be primary and derivative legal relations. Those legal relations that arise in connection with the use and possession of residential premises by the owners themselves are primary legal relations, and if they arise with the tenant of the housing, they will be considered derivative.

Among the above-mentioned legal relations, it is necessary to say in more detail about the relations that arise in connection with the management of residential apartment buildings. All housing relations involving repairs, redevelopment, reconstruction of residential premises, as well as the operation of utilities can be regulated by civil legislation, but taking into account the norms of the housing code.

Features of housing legal relations

What are the differences between the types of housing legal relations (the diagram is presented below)?

• The object of such legal relations is always residential premises.
• Housing legal relations are structurally complex, since each of the subjects is endowed with the right of claim against the other participant and at the same time has the obligation to perform actions in accordance with the powers of the second subject.

The prerequisites that are basic for the emergence of housing legal relations are specific life circumstances with which legal norms associate various changes in the status of subjects of housing legal relations.

The Housing Code says that legal relations of this type arise from the grounds provided for by housing legislation, federal laws and other legal acts. In addition, such grounds are the actions of subjects of housing legal relations, which, if not provided for by such acts, then, based on the meaning and general principles of legislation, give rise to rights and obligations.

Legal basis

Let us note once again that the fundamental types of contracts regulating housing legal relations may be:

• Agreements provided for by federal law or not inconsistent with it.
• Acts of state authorities, municipalities, etc., provided for by law.
• Decisions of judicial authorities determining the emergence or termination of housing rights and obligations.
• Registration of membership in various housing cooperatives and partnerships.
• Certain events with which the legislation of the Russian Federation connects the emergence of rights and obligations in housing legal relations.

We have reviewed housing legal relations, concepts, features and types.