Year: 2025
Type: article
Abstract: Introduction. The relevance of the study is ensured by the fact that it is just comparatively recently that the Russian civil legislation has got general norms aimed at a comprehensive, holistic solution to the problem of the legal regime of the common property of owners of immovables. The significance of the study is manifested in the fact that it reveals the approaches of civil legislation, law enforcement practice and doctrine to the solution of this issue. Purpose. The purpose of the study is to assess the proposed legislative innovations in determining the legal regime of the common property of owners of immovables for their consistency and completeness. Methodology. The methodological basis of the study includes the structural-functional, formal-logical methods and the method of legal modelling. Results. Despite the implemented reform of the legislation regarding the common property of owners of immovables, the existence of gaps has been revealed. The gaps are filled in judicial practice by applying the analogy of law. This solution is accompanied by errors in the choice of norms of the Housing Code of the Russian Federation in resolving disputes related to the maintenance and management of common property. Conclusion. The author draws the conclusion on the need for a regulatory solution to this problem by making appropriate additions to the norms of Chapter 17.1 of the Civil Code of the Russian Federation.
Author: Irina Kuzmina
Institution: Kemerovo State University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409980432