Sorokin M.A. Exclusion of state and municipal properties from the specialized real estate market: inequality of rights and opportunities

Abstract: The subject of this research is the procedure of transfer of a residential building of specialized real estate resources into a separate category – social housing. The author demonstrates that despite the formal regulation of such procedure in the legislation of the Russian Federation, for the properties of state-owned real estate it is practically unenforceable. In addition to that, for specialized residential buildings of municipal real estate there are developed mechanisms that successfully perform their duty. This circumstance leads to an inequality of the citizens’ rights in realization of their residential rights set by the Constitution of the Russian Federation. The author analyzes the mechanisms and conditions of a transfer of specialized municipal reals estate into the category of public housing. Referring to the positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the author highlights the possible violations of the constitutional rights of the citizens, which result from the inability of the transfer of government housing into public housing. The novelty of this research consists in the proposal of two versions of solution to this issue on both, the executive, as well as legislative levels.  The realization of either of the proposed version is capable of eliminating the issue of lack of mechanism for transferring specialized government housing over to public housing.

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