Housing law - a set of legal rules governing relations relating to housing rights. It should be noted that this includes not only acts of their own housing code, but also other acts that are apparently not related to the housing sector.
Principles of Legislation
The principles are the basic ideas underlying the branch of law. Partially, they are formulated directly in the texts of laws, some were deduced by scientists in research works, others - by judicial practice.
We note that today there is no clear and exhaustive list of principles of housing legislation, and the proposed classifications differ from each other. The following is a sample list:
- providing authorities with an enabling environment for citizens to exercise housing rights;
- inadmissibility of arbitrary deprivation of rights to housing (the procedure is carried out exclusively through the court);
- free use, without coercion of the right to own discretion, the existing restrictions are introduced exclusively by federal law ;
- equality of participants in legal relations before the law.
Normative regulation
Forms of expression or sources of law are:
- The Constitution - bears in itself the general principles of legal regulation that are directly applicable.
- The Housing Code is the basic regulatory act on which housing legislation is based.
- Decisions of the Government of the Russian Federation, regulatory acts of central authorities (for example, the Ministry of Construction, etc.).
- Clarifications of the RF Armed Forces of a general nature.
- Reviews of the practice of applying housing legislation of the Armed Forces of the Russian Federation.
- Acts of the Constitutional Court of the Russian Federation explaining the meaning of laws and the practice of their application.
Regional and municipal authorities contribute their share in regulatory regulation. The acts they issue are secondary in nature and are based on federal laws and documents of federal authorities. For example, the regulation on housing authorities.
Decisions of the Constitutional Court of the Russian Federation are binding in the process of applying Russian housing legislation. For example, in its decisions, the Constitutional Court clarified in which cases the attic is the common property of apartment owners. This area is partially regulated by the Civil Code. For example, the rules for calculating the limitation period, the rules on common ownership. Its norms are based on the regulation of obligations and other issues.
Judicial branch and regulations
The country's highest courts are not limited only by the right to interpret legislation. They are given the right to cancel them in whole or in part.
The Constitutional Court of the Russian Federation has broader powers. He has the right to declare a norm unconstitutional in whole or in part. Partial recognition indicates the extent to which this norm does not comply with the Basic Law, and how to correctly understand and apply it.
This approach is applied by the court more widely, and lawyers try to send complaints based on it.
The Supreme Court considers complaints of non-compliance of acts of the Government and central authorities with laws. He has the right to either accept the complaint and cancel the act in whole or in part, or refuse it.
In fact, the judiciary is making major changes to housing legislation.
The effect of the rule of law over time
The effect of the law is limited in particular by the time frame. How?
It takes effect from the moment of signing by the President. The Constitution prescribes that 7 days after signing by the head of state, new laws are published. From the moment they are published in an official source, they are gaining strength. Another option is also possible. For example, the text directly indicates the beginning of the changes in housing legislation from January 1 of the next year.
For regional laws, a similar procedure for the acquisition of legal force by them is provided.
Entry into Force of By-Laws
A subordinate regulatory act shall be effective from the moment of its signing or publication, often this happens on the same day. If the document affects the rights of citizens, or is of an interdepartmental nature, it is subject to registration with the Ministry of Justice. Without it, neither his signing, nor his publication give him legal force.
The registration process aims to verify the compliance of the new act with the Constitution and other laws. If the ministry agreed with the new document, it is published in official sources, in particular, on Internet resources and in newspapers.
The acts that amend the housing legislation directly indicate the date from which they should be applied.
If we compare a similar procedure in the case of laws, then determining the date from which they are applied sometimes causes confusion and affects decision-making.
Retroactive and experiencing law
The peculiarity of normative acts in the extension of their action to relations that arose after they gained strength. If social relations continue to exist, then they are governed by old norms.
An example is the provision for registration of citizens who are entitled to state housing. In relation to all those who were registered before 01.03.2005, the provisions of the old code continue to apply. Its norms seem to survive their action.
Due to this, there is no need to reissue previously issued documents issued in full compliance with the then existing legislation.
The introductory law and transitional provisions of the LCD provide for exceptions, in particular, multi-apartment housing management contracts, concluded before the adoption of the new code.
The reverse effect of the law in time is directly spelled out here.
The ratio of regulations
The housing legislation of the Russian Federation is organized in a certain hierarchy. The Constitution is of the highest importance, followed by federal laws, then acts of the Government, then acts of the central authorities, followed by regulatory acts of the regions in the same sequence: laws and acts of executive authorities.
What role do presidential decrees play? The head of state issues them in cases prescribed by law. In addition, they may draw up the lines of activity of the Government. In order to implement the decree, one or more acts of the Government may be adopted. As a rule, a document at the bottom of the hierarchy is more specific. Its application is more real in comparison with laws or decrees.
The subject of regulation
What conclusion do they make when examining housing legislation? The room, in fact, is the main object of its impact. Why?
The acquisition and exercise of ownership of it is one of the main things that concern modern people.
The LCD sets out the procedure for acquiring state or municipal housing. There is separate legislation on the transfer of state or municipal housing to people.
Also, the LCD describes the grounds and conditions for acquiring the right to use someone else's property.
A number of articles of the Code are devoted to the acquisition of the right and conditions for the use of housing, which was received by the main tenant from the authorities.
The Code governs the activities of housing cooperatives, homeowners associations and other associations of homeowners.
Housing Change and Conversion
The law gives the right to transfer residential premises into non-residential premises and vice versa. The LCD contains only basic regulations on this issue, they refer to urban planning legislation. The regions adopted regulations created by a single methodology. They spelled out the grounds for submitting an application, a list of documents that need to be attached and the procedure for action by the authorities.
The same can be said about the conversion and refurbishment. It is popular today, unfortunately, instead of issuing a permit, citizens first rebuild the apartments. Then they try to formalize everything through the court.
Unfortunately, regular changes made this path ineffective and dangerous. Having spent significant amounts of money, a citizen is forced to spend the same amount to return housing to its original state.
Who is eligible for preferential housing
The housing legislation of the Russian Federation establishes lists of citizens who are entitled to free purchase of housing from the state. The reasons are - occupation of a position stipulated by law, large families, disability and the status of a low-income family.
Normative acts regulating the procedure for obtaining housing in these categories are adopted at both the federal and regional levels.
So, for example, there are instructions of the FSIN, the Ministry of Defense, the FSB on recording in the queue for housing by employees of organizations.
The laws of the regions:
- categories of waiting lists are established;
- queuing order;
- order of documentation of the waiting list;
- lists of documents to write to the queue.
Regional legislation is aimed at resolving issues with the poor, the disabled and other categories of citizens.
Federal law aims to address the issues of persons in the public service, in particular, military personnel.
Thus, the housing legislation of Russia at some points is a complex object for understanding.
The emergence of rights and obligations
According to the provisions, the rights and obligations of citizens in the housing sector arise:
- from transactions (contracts, other actions, for example, the actual occupation of a dwelling) ;
- acts of authorities (recording in the queue for housing from the state, issuing orders to eliminate violations);
- court decisions - as a result of the resolution of the dispute, the presence or absence of the right of the parties to the dispute is recognized.
The source of rights and obligations is quite capable of serving as the law, its individual norms, and itβs another matter that this provision is embodied through the adoption of by-laws and orders of authorities that solve the problem of a particular citizen.
The procedure for acquiring rights and obligations is governed in large part by civil law (the procedure for concluding transactions, registering rights to real estate, etc.).
Housing violation
A person or authority may for some reason go beyond the requirements of the law or the terms of the agreement and thereby violate them. Thus, the injured party or the authority has a reason for taking protective measures. They may be of an administrative nature:
- issuing prescriptions by authorized bodies (housing inspectorate, police, municipalities);
- bringing administrative authorities to administrative responsibility;
- filing lawsuits.
The first two points are related to fines and imposition of obligations on the guilty person. For example, to return the room to its original position or not to make noise at night.
Repeated violations may result in the deprivation of the right to own or use the premises. This is characteristic of those who are the owner, not the owner.
If a citizen has withheld information and is illegally registered as in need of housing, he will be removed from the queue. If he received housing in this way, he will be deprived of his rights to it. If funds have been received, they must be returned to the budget.
A dispute may arise between private individuals over the acquisition of rights to housing and the use of them.
Disputes regarding the quality of housing and utilities services have become more frequent. Citizens are increasingly turning to housing authorities and prosecutors, as well as courts, to protect themselves from the poor quality of services of the Republic of North Ossetia. The result is significant cost savings.
Finally
Housing law is a huge layer of regulatory documents. We must not forget about the judiciary - acts of the RF Armed Forces and the Constitutional Court of the Russian Federation affecting their application. Something new appears in housing legislation, almost every day.
ZhK and normative acts adopted under it overlap to some extent with other laws and by-laws. An example of this is the regulation of housing rights of the military.
The law, the court decision and the act of the authority, as well as the contract often serve as the basis for the acquisition of the rights and obligations of the homeowner.
Violators of the law will face government regulations, fines, and court decisions to recover money.