Kirakosyan S.A., Odnachev P.S. —
On the development of the concept of neighborliness in the Russian housing Law
// Law and Politics. – 2021. – ¹ 6.
– P. 45 - 57.
DOI: 10.7256/2454-0706.2021.6.35808
URL: https://en.e-notabene.ru/lpmag/article_35808.html
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Abstract: The subject of this research is the relevant although poorly studied issued of neighborly relations in the Russian housing law. The authors set the goal to analyze the current legal regulation of neighborly relations in the housing sector, and substantiate the need for the development of the concept of neighborliness in the Russian housing law and legislation. Such concept aims to form the culture of living in a multifamily residential building, overcome excessive individualism that cultivates complete disunity of interests and indifference of neighbors to each other and to the fate of common property. The authors explore the problem of neighborly relations in the housing sector, viewing neighborship from two perspectives: as a social institution of the neighborhood community and as a behavioral standard of particular subjects – neighbors. The need for the development of the concept of neighborliness is substantiated. This fully corresponds to the historical path of development of neighborly relations in the housing sector and the objective pursued by the legislator –increase the responsibility and awareness of the housing owners. The concept of neighborliness is a product of the development of the doctrine and law enforcement practice in the sphere of neighborly relations, and should become a part of the new housing policy of the Russian Federation. The concept of neighborliness includes such elements, as objective, principles, functions, and boundaries of neighborliness.
Kirakosyan S.A. —
On classification of obligations of property owners in a multi-unit building
// Law and Politics. – 2020. – ¹ 8.
– P. 112 - 122.
DOI: 10.7256/2454-0706.2020.8.33320
URL: https://en.e-notabene.ru/lpmag/article_33320.html
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Abstract: The subject of this research is the classification of obligations of property owners in a multi-story building, as well as their maintenance. The need for studying the classification of responsibility of property owners dictated by scientific and practical importance: the disclosure of the content of responsibilities reveals the essence of burden of the content of individual accommodation and shared property in a multi-unit building, as well as the due and socially proper behavior of obliged entities – the property owners. For determining the criteria for classification of obligations of property owners, the author analyzes the provisions of housing and civil legislation. There is no research on the system of obligations of property owners within the science of civil and housing law. For eliminating the theoretical gap, the author attempts to classify the obligations of property owners in a multi-unit building, as well as examine their content. A new perspective upon the classification of obligations based on various criteria is suggested. Special attention is turned to the characteristics of obligations of property owners as a landlord and as a neighbor. The criterion for division of such obligations consists in qualitative characteristic of the status of property owner: owner-landlord and owner-neighbor, and the obligations assigned thereof. The conclusion is made that the owner of accommodation in a multi-unit building is distinguished by care for the property, willingness to contribute economically, and reasonable neighborliness.
Kirakosyan S.A. —
On classification of obligations of property owners in a multi-unit building
// Law and Politics. – 2020. – ¹ 8.
– P. 112 - 122.
DOI: 10.7256/2454-0706.2020.8.43356
URL: https://en.e-notabene.ru/lamag/article_43356.html
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Abstract: The subject of this research is the classification of obligations of property owners in a multi-story building, as well as their maintenance. The need for studying the classification of responsibility of property owners dictated by scientific and practical importance: the disclosure of the content of responsibilities reveals the essence of burden of the content of individual accommodation and shared property in a multi-unit building, as well as the due and socially proper behavior of obliged entities – the property owners. For determining the criteria for classification of obligations of property owners, the author analyzes the provisions of housing and civil legislation. There is no research on the system of obligations of property owners within the science of civil and housing law. For eliminating the theoretical gap, the author attempts to classify the obligations of property owners in a multi-unit building, as well as examine their content. A new perspective upon the classification of obligations based on various criteria is suggested. Special attention is turned to the characteristics of obligations of property owners as a landlord and as a neighbor. The criterion for division of such obligations consists in qualitative characteristic of the status of property owner: owner-landlord and owner-neighbor, and the obligations assigned thereof. The conclusion is made that the owner of accommodation in a multi-unit building is distinguished by care for the property, willingness to contribute economically, and reasonable neighborliness.