of August 24, 1993 No. 8
About some questions of application by courts of the Law of the Russian Federation "About privatization of housing stock in the Russian Federation
Considering that in case of application of the Law of the Russian Federation of July 4, 1991. "About privatization of housing stock in the Russian Federation" (with the changes made by the Law of the Russian Federation of December 23, 1992 N 1541-FZ, the Federal Laws of August 11, 1994 N 26-FZ, of March 28, 1998 N 50-FZ, of May 1, 1999 N 88-FZ, of May 15, 2001 N 54-FZ, of May 20, 2002 N 55-FZ, of November 26, 2002 N 153-FZ, of June 29, 2004 N 58-FZ, of August 22, 2004 N 122-FZ and of December 29, 2004 N 189-FZ) courts had questions requiring permission, the Plenum of the Supreme Court of the Russian Federation decides to make to courts the following explanations:
1. According to Art. 22 of the CCP of the Russian Federation and the p. 3 of Art. 8 of the Law of the Russian Federation "About privatization of housing stock in the Russian Federation" the cases arising in connection with implementation and protection of the rights of citizens in case of privatization of the premises occupied by them (including reserved) in the state and municipal housing stock, including departmental housing stock (the housing stock which is under complete economic authority of the companies or operational management of organizations) are subordinated to courts.
2. Considering that in connection with refusal in privatization of the premises occupied by the citizen between it and local administration, the company to which on the right of complete economic maintaining it is assigned, or organization to which operational management the housing stock is transferred, there is dispute on the civil law, it is allowed by court by rules of claim production.
As in the specified case matter in issue is the property which is not subject to assessment by its transfer to property of citizens according to the procedure of free privatization, the state fee in case of submission of such statements shall be collected in the amount of, provided by the subitem 3 of Item 1 of Art. 333.19 of the Tax code Russian Federation for the actions for declaration which are not subject to assessment.
Actions for declaration of persons applying for the privatized premises for motive of accessory of this room to the testator including in case privatization was not drawn properly up during lifetime of the testator, are paid with the state fee, proceeding from actual value of the room concerning which there was dispute determined for the period of presentation of the claim (the subitem 1 of Item 1 of Art. 333.19 of the called Code).
3. According to article 2 of the Law of the Russian Federation "About privatization of housing stock in the Russian Federation" only the citizens occupying premises under the agreement of social hiring in the state and municipal housing stock, including departmental housing stock, implemented on the conditions provided by the called Law, other regulations of the Russian Federation and subjects of the Russian Federation have the right to free privatization of housing. However, if the procedure for privatization of housing established by other acts contradicts the Law called above, including is accepted with abuse of authority of the bodies which issued such act it is necessary to be guided by provisions of this Law.
4. Resolving issue of legitimacy of refusal in privatization of the premises which are in departmental housing stock it is necessary to consider that according to Art. 18 of the Law of the Russian Federation "About privatization of housing stock in the Russian Federation" (in edition of the Law of the Russian Federation of December 23, 1992) transition of the state and municipal companies to other pattern of ownership or their liquidation do not influence housing laws of the citizens living in houses of such companies and organizations including on the right of free privatization of housing.
To the citizen it cannot be refused privatization of premises in houses of data of the companies and organizations and if change of pattern of ownership or liquidation of the companies and organizations took place before entry into force of Art. 18 of the called Law (in edition of the Law of December 23, 1992) as the legislation existing till this time regulating conditions and procedure for change of pattern of ownership of the state and municipal companies and organizations did not concern questions of privatization of their housing stock, and the legislation regulating privatization of housing stock did not establish conditions which would deprive of the citizen in the specified cases of the right in property of the occupied premises. This provision shall not be applied if the legal successors who changed pattern of ownership of the state and municipal companies and organizations on the means constructed or acquired not populated premises which were afterwards matter in issue about privatization including after enforcement of Art. 18 of the Law of the Russian Federation "About privatization of housing stock in the Russian Federation" (in edition of the law of December 23, 1992).
5. Requirements of citizens about free transfer of premises to common property of all persons living in it or in property of one or some of them (according to the agreement reached between these persons) are subject to satisfaction irrespective of will of persons to whom the law assigns obligation on transfer of housing to property of citizens as Art. 2 of the Law of the Russian Federation "About privatization of housing stock in the Russian Federation" allocated the citizens occupying premises in houses of the state and municipal housing stock under the agreement of social hiring with the right with the consent of all living full age family members and minors living with them aged from 14 up to 18 years to acquire these rooms in common property (equity or joint). At the same time for the citizens who expressed consent to acquisition by other persons of the occupied room living with them the right to free acquisition in property according to the procedure of privatization of another of the received premises as in the specified case the opportunity provided to these persons by Art. 11 of the called Law to privatize free of charge occupied premises only once was not realized in case of consent on privatization of housing by other persons remains afterwards.
6. In case of dispute over occasion of legitimacy of the agreement of transfer of premises including in property of one of its users, this agreement, and also the certificate on the property right upon the demand of interested persons can be acknowledged as court invalid on the bases established by the civil legislation for recognition of the transaction invalid.
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