Art. 235 of the Civil Code of the Russian Federation carries the basic provisions on the termination of property rights. They are fundamental in nature and are developed in other legislative acts. Consider the reasons for the termination of property rights, as well as related nuances.
Base groups
In h. 1 Article. 235 of the Civil Code of the Russian Federation indicates alienation (transactions with own property, waiver of rights and destruction). We are talking about circumstances related to the will of a person or unforeseen circumstances. This is the first group of grounds depriving anyone of property rights.
The second includes coercive measures in connection with the violations of the current legislation. The separation is based on the wording used in the code and is used in the scientific literature.
Forced dispossession
All of them are placed in paragraph 2 of Art. 235 of the Civil Code of the Russian Federation and constitute an extensive list:
- Debt collection.
- Lack of title to property.
- Seizure of the land due to violations of the rules of use.
- Termination of rights to an unfinished object due to the completion of an agreement on the lease of a land plot.
- Redemption of property for municipal and state needs.
- Requisition and confiscation.
- Redemption in connection with the division of property.
- Violation of anti-corruption and anti-terrorism legislation.
- Privatization of property.
Debt appeal
In Art. 235 of the Civil Code of the Russian Federation, almost all points contain direct references to other provisions of the code. One of them explains that the termination of rights to property in connection with unfulfilled obligations is carried out in court. The exception is situations specified in the law.
Lack of title to property
The rights to certain types of property are allowed to be acquired with special permission or having the status of a citizen. Different options are possible.
The owner who received such property is obliged to sell, donate or exchange it within 12 months. Otherwise, seizure is made. The authorized body shall file a lawsuit, and the court shall terminate the right of ownership. The former owner is reimbursed for the value of the property less costs to sell it. If a land plot is seized and a decision is made to demolish an illegal structure, the funds spent on its demolition are also deducted.
The transfer of property into state ownership without bidding is also possible, then the full value of the property is reimbursed.
Land Use Violation
This provision is associated with a number of articles, existing regulatory acts, and is not limited to Art. 235 of the Civil Code of the Russian Federation. This includes actions leading to soil depletion, going beyond the intended use of the site, and more. The local municipality or other authorized body decides on the seizure. The owner has the right to disagree with the decision, and then the court filed a statement of claim for seizure and sale.
If it is not possible to withdraw the land without depriving the right to real estate on the land, then this property is bought out or sold at auction.
Real Estate Issues
The expiration of a land lease agreement gives the right to seize it. If there is unfinished real estate on it, then it is allowed to be sold at auction by a court decision. The court rejects the lawsuit to the defendant, who proves that the delay in construction was due to the fault of the authorities, and he as a result of his actions.
Bidding is carried out once. Then, in the absence of buyers, the property becomes state property with payment of compensation to the former owner.
How to deal with already built real estate? If a land plot is seized, it remains with the original owner or may be redeemed.
The seizure of residential premises is allowed due to violations of the rights of other residents or owners and in case of mismanagement.
Cultural objects or values and animals
The law allows the redemption of cultural objects or animals by court order whose contents violate the norms of law or the foundations of society. Appeal to the court is supposed in case of refusal to conclude a redemption agreement.
When selling property from the auction, the proceeds are transferred minus the funds spent on the restoration of the cultural property.
Public seizure and requisition
The law allows the purchase of property for municipal or state needs. Examples are various projects for the construction or development of territories.
The owner is invited to conclude an agreement; in case of refusal, a lawsuit is filed. Usually the subject of dispute is the amount of compensation.
Requisition is the seizure of property during a natural disaster, epidemics and other similar events for public needs. The owner has the right to receive compensation or to demand the property back with compensation, in the event of a decrease in its value.
Despite these formulations, these measures are not nationalization.
Confiscation - termination of rights to property for committing violations (mainly of administrative and criminal nature).
Violation of anti-terrorism and corruption laws
If property is acquired with money related to corruption and terrorism, then they will be confiscated. For example, an official cannot prove the legitimacy of the funds for which property was acquired at a cost that is multiple of his income.
Privatization
Art. 235 of the Civil Code of the Russian Federation with comments refers to regulations on the transfer of private property of state and municipal property. The most famous law on the privatization of housing. There is a similar act relating to other objects (enterprises and lands). It is also necessary to take into account acts of regional authorities.
State ownership
According to Art. 306 and Art. 235 of the Civil Code of the Russian Federation, nationalization is the seizure of property on the basis of federal law into the ownership of the Federation. So far, there is no such law, and apparently its adoption is supposed taking into account extreme circumstances. Although the possibility of seizing property for public purposes and in the event of extreme situations is already available. It is difficult to say anything else on this score.
Finally
The Civil Code lists the grounds for the loss of ownership. Both voluntary and compulsory grounds are included. In Art. 235 HA more attention is paid to the second group. Most often, a paragraph refers to another article of the code or even another law.