Management of the common property of an apartment building: legal issues

被引:0
|
作者
Filatova, Ulyana [1 ]
Dalbaeva, Natalia [1 ]
Semeryanova, Nina [2 ]
Dolnikova, Ludmila [2 ]
Bayanov, Dmitriy [3 ]
机构
[1] Irkutsk State Univ, Law Inst, Ulan Batorskaya Str 10, Irkutsk 664082, Russia
[2] South Ural State Univ, Nizhnevartovsk Branch, Natl Res Univ, Mira Str 9, Chelyabinsk 628600, Chelyabinsk Obl, Russia
[3] Tyumen Ind Univ, Volodarskogo Str 38, Tyumen 625000, Russia
关键词
D O I
10.1051/e3sconf/201911002096
中图分类号
TU [建筑科学];
学科分类号
0813 ;
摘要
The article discusses the main issues of the legal regime of public facilities in non-residential buildings, the system of management of such property. The relevance of the research topic is manifested in the following aspects. With the development of market economy, the need to use non-residential premises, including those located in buildings, has increased. The presence of material base is an essential condition for the development of entrepreneurial activity. However, legislative gaps in the field of common property management by owners of non-residential premises lead to deceleration of economic processes and adversely affect sustainable development and welfare of cities. For a long time, in theory and practice, there were different opinions about the possibility of extending, by analogy with the common property of the building, provisions on the common property regime of an apartment building. Despite the fact that the issue of legal vacuum was partially solved by the Supreme Arbitration Court of the Russian Federation by the issuance of Resolution No. 64 of the Plenum of July 23, 2009, many questions on the legality of using the proclaimed analogy of the law still do not find an unequivocal solution in lawmaking and law enforcement activities of relevant legislative and judicial bodies.
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页数:7
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