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DETERMINATION OF CK OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of March 15, 1995

According to Art. 16 of the Law of the Russian Federation "About bases of federal housing policies" in case of absence in the communal flat of the housing conditions of employers, and also the employers having living space of less established regulation on one person needing improvement, the exempted premises are transferred to other employers of this apartment according to the lease agreement or purchase and sale

(extraction)

Andreyev made in court the claim to Garmanov for installation it to the room of 18 sq.m located in the communal flat, referring to the fact that on this room the order is issued to it, however Garmanov is the employer of two other rooms in this apartment, interferes with its installation.

Garmanov did not recognize the claim and imposed demands in reconvention to Andreyev and administration of Leninsky district of Krasnoyarsk about recognition invalid the order issued to Andreyev and to administration of Krasnoyarsk about provision on it rooms according to the lease agreement, motivating the requirements with the fact that the right to provision to it the exempted room is provided by Art. 16 of the Law of the Russian Federation of December 24, 1992. "About bases of federal housing policies".

The Krasnoyarsk regional court nullified the order issued by administration of Leninsky district of Krasnoyarsk to Andreyev on the right of installation in the room of 18 sq.m in size in the communal flat, obliged administration of Leninsky district of Krasnoyarsk to present Andreyeva with the daughter Anastasia, 1990 of year of birth, other premises corresponding by the size and improvement provided according to the order; about installation in the room of 18 sq.m refused to Andreyev the claim; recognized for Garmanov the right to provision to it rooms of 18 sq.m in size in the mentioned apartment according to the lease agreement signed between it and administration of Krasnoyarsk.

In the writ of appeal the administration of Leninsky district of Krasnoyarsk considered the judgment wrong and asked it to cancel, specifying that the court had no legal causes for recognition of the order issued to Andreyev invalid with the effects provided by Art. 100 of ZhK RSFSR.

Judicial board on civil cases of the Supreme Court of the Russian Federation, having considered on March 15, 1995 the writ of appeal of administration of Leninsky district of Krasnoyarsk, left the decision of regional court without change, having specified the following.

The procedure for use of communal flats is provided in Art. 16 of the Law of the Russian Federation "About bases of federal housing policies".

According to this Article, the exempted isolated premises in communal flats where several employers live, shall be provided to the citizens living in this apartment needing improvement of housing conditions, and in the absence of those - to the citizens having living space of less established regulation on one person (at the same time the right to additional living space is considered).

In case of absence in the apartment of the citizens specified in part one of this Article, the exempted premises are transferred to other employers of this apartment according to the lease agreement or purchase and sale.

As it is established by court, after release of premises Garmanov remained to live in the communal flat. Considering these circumstances, the court reasonably came to conclusion that Garmanov according to the p. 2 of Art. 16 of the called Law has the right to require transfer to it of the exempted isolated premises in this communal flat according to the lease agreement.

Performing this right, Garmanov addressed to housing bodies for provision occasion to it the exempted room.

With respect thereto the court reasonably did not accept defendant's cases that Garmanov allegedly with delay declares requirements about provision to it rooms, after issue of the warrant for this room to Andreyev.

According to the p. 4 of Art. 16 of the Law of the Russian Federation "About bases of federal housing policies", the exempted premises in the communal flat are provided to other citizens according to the employment contract only in case of absence in the apartment of the citizens wishing to occupy the exempted premises.

In defiance of these requirements of the law the administration of Leninsky district issued the warrant for the room to Andreyev without the fact that Garmanov living in the apartment applied for this room.

According to Art. 48 of ZhK RSFSR the warrant for premises can be nullified judicially in case of violation of the rights of other citizens to the premises specified in the order.

Under such circumstances and considering requirements of the called Law, the court came to the correct conclusion that the order issued to Andreyev shall be nullified because in case of distribution of the exempted premises Garmanov's right to provision to it this room according to the purchase and sale agreement or leases was violated.

At the same time the court correctly considered that recognition invalid warrants for motive of its issue for premises, right to use which belongs to other citizen attracts owing to Art. 100 of ZhK RSFSR provision to persons specified in this order of other premises corresponding by the size and improvement provided according to the order and reasonably recognized that the obligation on provision of other premises to Andreyev and members of his family shall be assigned to the administration of Leninsky district of Krasnoyarsk which issued the illegal order.

Due to the recognition invalid warrants for premises the court correctly refused the claim to Andreyev about installation in this room.

 

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