of July 4, 1991 No. 1541-1
About privatization of housing stock in the Russian Federation
This Law establishes the basic principles of implementation of privatization of the state and municipal housing stock of social use in the territory of the Russian Federation, determines legal, social and economic basis of transformation of the relations of property on the dwelling.
The purpose of the Law is creation of conditions for implementation of the right of citizens at free choice of method of requirements satisfaction in the dwelling, and also improvements of use and safety of housing stock.
The introduction in the property rights to the dwelling gives to citizens the chance to effectively make the investments, to perform accumulating of immovable property, to act with it in the real estate market, to masterfully use, use and dispose of the dwelling.
Article 1. Privatization of premises - free transfer into the ownership of citizens of the Russian Federation on voluntary basis of the premises occupied by them in the state and municipal housing stock, and for the citizens of the Russian Federation who reserved the occupied premises - in the place of booking of premises.
Article 2. The citizens of the Russian Federation having right to use by premises of the state or municipal housing stock on the terms of the social hiring having the right to acquire them on the conditions provided by this Law, other regulatory legal acts of the Russian Federation and regulatory legal acts of subjects of the Russian Federation in common property or in property of one person, including minor with the consent of all these premises of full age faces and minors having the right to privatization aged from 14 up to 18 years.
Premises in which live exclusively minor aged up to 14 years are transferred by it to the possession according to the statement of parents (adoptive parents), guardians with preliminary permission of guardianship and custody bodies or at the initiative of the specified bodies. Premises in which live exclusively minor aged from 14 up to 18 years are transferred by it to the possession according to their statement with the consent of parents (adoptive parents), custodians and guardianship and custody bodies.
In case of the death of parents, and also in other cases of loss of care of parents if in premises remained to live exclusively minor, guardianship and custody bodies, heads of organizations for orphan children and children without parental support, guardians (custodians), adoptive parents or other legal representatives of minors within three months register the agreement of transfer of premises under the ownership to orphan children and children without parental support. Agreements of transfer of premises to property to the minors which did not reach age of 14 years are drawn up according to statements of their legal representatives with preliminary permission of guardianship and custody bodies or if necessary at the initiative of such bodies. The specified agreements are drawn up by the minors which reached age of 14 years independently with the consent of their legal representatives and guardianship and custody bodies.
Execution of the agreement of transfer into the ownership of premises in which exclusively minor live is carried out at the expense of means of owners of the premises performing their transfer.
Article 3.1. In case of the death of one of participants of joint property on the premises privatized till May 31, 2001 shares of participants of common property on these premises, including share of the dead are determined. At the same time the specified shares in the right of common property to these premises are recognized equal.
Rules of this Article are applied so far as for separate types of joint property the Federal Laws do not establish other.
Article 4. Privatizations the premises which are in critical condition, in hostels, in houses of the closed military camps, and also office premises, except for housing stock of the sovkhozes and other agricultural enterprises equated to them and the housing stock of stationary organizations of social protection of the population which is in the rural zone are not subject.
Owners of housing stock or the bodies authorized by them, and also the companies to which the housing stock on the right of economic maintaining is assigned and organizations to which operational management the housing stock with the consent of owners is transferred have the right to make decisions on privatization of office premises and the housing stock of stationary organizations of social protection of the population which is in the rural zone.
Article 5. It is excluded
Article 6. Transfer of premises to property of citizens is performed by the public authorities authorized by owners of the specified premises, local government bodies, and also state or municipal unitary enterprises to which the housing stock on the right of economic maintaining, is assigned by the public or local government offices, the state companies to which operational management the housing stock is transferred.
Article 7. Transfer of premises to property of citizens is drawn up by the agreement of transfer signed by public authorities or local government bodies, the company, organization with the citizen receiving premises in property according to the procedure, established by the legislation. At the same time the notarial certificate of the agreement of transfer is not required and the state fee is not collected.
The agreement of transfer of premises to property joins the minors having right to use by these premises and living together with persons to whom these premises are transferred to the possession, general with minors, or the minors who are living separately from specified persons, but did not lose right to use by these premises.
The property right to the acquired premises arises from the moment of state registration of the right in the Unified State Register of Rights to real estate and transactions with it.
The officials guilty of violation of requirements of part one of this Article are made responsible in accordance with the established procedure.
In case of violation of the rights of the citizen in case of the solution of questions of privatization of premises he has the right to take a legal action.
Article 9. Voided
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