of December 29, 2004 No. 188-FZ
Accepted by the State Duma of the Russian Federation on December 22, 2004
Approved by Council of the Russian Federation on December 24, 2004
1. The housing legislation is based on need of providing with public authorities and local government bodies of conditions for implementation by citizens of the right to housing, its safety, on the immunity and inadmissibility of any deprivation of the dwelling, on need of free implementation following from the relations regulated by the housing legislation is right (further - housing laws), and also on recognition of equality of participants of the relations regulated by the housing legislation (further - the housing relations) on ownership, use and the order of premises if other does not follow from of this Code, other Federal Law or being of the corresponding relations, on need of ensuring recovery of the violated housing laws, their judicial protection, ensuring safety of housing stock and use of premises to destination.
2. Citizens at discretion and in the interests perform the housing laws belonging to them, including dispose of them. Citizens are free in establishment and realization of the housing laws owing to the agreement and (or) other bases provided by the housing legislation. Citizens, performing housing laws and fulfilling the duties following from the housing relations, shall not violate the rights, freedoms and legitimate interests of other citizens.
3. Housing laws can be limited based on the Federal Law and only in that measure in what it is necessary for the purpose of protection of bases of the constitutional system, morality, health, the rights and legitimate interests of other persons, ensuring defense of the country and safety of the state.
4. The citizens who are legally in the territory of the Russian Federation have the right of the free choice of premises for accommodation as owners, employers or on other bases, stipulated by the legislation.
5. Restriction of the right of citizens for liberty of choice of premises for accommodation is allowed only based on of this Code, other Federal Law.
Public authorities and local government bodies within the powers provide conditions for implementation by citizens of the right to housing, including:
1) promote market development of the real estate in the housing sphere for the purpose of creation of necessary conditions for requirements satisfaction of citizens in the dwelling;
2) is used by budgetary funds and other sources of money which are not forbidden by the law for improvement of housing conditions of citizens, including by provision in accordance with the established procedure of subsidies for acquisition or construction of premises;
3) is provided in accordance with the established procedure to citizens by premises under agreements of social hiring or employment contracts of premises of the state or municipal housing stock;
4) stimulate housing construction;
5) provide protection of the rights and legitimate interests of the citizens acquiring premises and using them on legal causes, consumers of utilities, and also the services concerning servicing of housing stock;
5. 1) are provided to disabled people of condition for easy access to common property in apartment houses;
6) provide control of use and safety of housing stock;
6. 1) will organize ensuring timely carrying out capital repairs of common property in apartment houses at the expense of fees of owners of placements in such houses on capital repairs of common property in apartment houses, budgetary funds and other financing sources which are not forbidden by the law;
7) exercise according to the competence the state control of observance of the requirements established by the legislation when implementing housing construction;
8) perform the state housing supervision and municipal housing control according to the competence;
9) place in the state information system of housing and communal services (further - system) information in accordance with the legislation of the Russian Federation.
1. The dwelling is inviolable.
2. Nobody has the right to get into the dwelling without consent living in it on legal causes of citizens differently as in the purposes and in the cases provided by other Federal Law provided by this Code and according to the procedure of or based on the judgment.
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