Conditions for the exercise of property rights in respect of housing

Аннотация

The article analyzes the conditions and requirements set out in the civil and housing legislation for the exercise of property rights to housing. The article also addresses issues related to the exercise of property rights in relation to housing with limited civil treatment. Keywords: Housing, property rights, civil rights, mortgages, mortgages, ownership, possession, use, disposal. 26 Scientific research results in pandemic conditions (COVID-19) In civil law, the exercise of the right is understood as the opportunities and powers established by law to take actions aimed at the possession, use and disposal of the rights belonging to the person on the basis of their own desires and interests. The exercise of civil rights is the ability of a particular right holder to perform an action arising from that right, through which the right holder satisfies his or her own needs. According to A.P. Sergeev, the exercise of the right means the realization of the opportunities provided to the subjective right holder on the basis of law or contract. In other words, the exercise of a subjective civil right is a clear exercise of the legal freedoms guaranteed by the state [4]. According to Article 9 of the Civil Code, citizens and legal entities exercise their civil rights, including the right to protection, at their own discretion. All issues related to the exercise of civil rights, such as the ways of their implementation, the scope of which is the waiver of subjective rights or the transfer to another person, are carried out by an authorized person at his own discretion [6]. The homeowner also acts in accordance with the law and contracts in the exercise of the right of ownership over the home belonging to him. In particular, according to Article 11 (3) of the Housing Code, the right of ownership to housing is indefinite, without violating the rights and legally protected interests of citizens and legal entities, the right to own housing at his own will and interests. the right to use and dispose of it, as well as to demand redress for the violation of his property rights. Changes in the appearance of dwellings, their reconstruction or demolition are allowed with the appropriate permission of the local state authorities. Therefore, in the exercise of property rights in respect of ordinary objects, movable property, in particular, when changing their appearance or violating them, the right holder shall exercise the right of ownership of housing only if he follows the general conditions set out in Article 9 and Article 172 of the civil code. the person must comply with the requirements established by law. In other words, in exercising property rights over movable property, a legal entity has broader powers than exercising property rights over housing. That is, as noted by D.I. Babaev, the exercise of the rights of citizens and legal entities, which are the subjects of civil law, depends on their will, and they must comply only with the requirements of the legislation in the exercise of their rights [1]. In the exercise of property rights in respect of housing, the subject of law is given the opportunity to perform certain actions on the basis of law and contract, as well as the limits of the exercise of this right. V.P. Gribanov acknowledges that the establishment of conditions and boundaries for the exercise of civil rights is not a restriction of these rights, but a legal 27 Scientific research results in pandemic conditions (COVID-19) expression of the economic equality of persons in the system of social relations, ie the legal guarantee of equality in practice [5]. In our opinion, the conditions for the exercise of this property right should be conditionally called the boundaries of property rights and agree with the views of P.V. Krasheninnikov. In his view, conditions are objective only if they do not arise from the will of the subjects or the judiciary arising from the law [10]. According to O.V. Shvedkova, restrictions on the owner’s will in relation to his property, regardless of this will, can be established only within the law. Thus, restrictions are understood as the exclusion of certain rights from the property right of the subject in relation to the object, established by law [13]. Similar ideas are found in other legal literature [8,7,9]. In addition to these considerations, the conditions and boundaries of the exercise of property rights can be divided into the following types on the basis of which they arise: 1. Conditions established by the legislation. 2. Contractual Terms. 3. Conditions set by the courts. The rules set out in Article 172 of the Civil Code may be included in the conditions established by the legislation on the exercise of property rights in respect of housing. This norm establishes the following conditions: - the exercise of the owner’s rights must not violate the rights and legally protected interests of other persons; - in cases, conditions and within the limits provided by law, the o