THE SUBJECTS OF THE RIGHTS TO NON-RESIDENTIAL PREMISES IN APARTMENT BUILDINGS

Abstract

The problems of establishing the system of subjects of the rights to non-residential premises in apartment buildings have been studied. It has been established that the management of non-residential premises of an apartment building can be accomplished both by owners of the premises and an organization that has entered into agreement with the owner to manage the property. The author has suggested own definition of “a subject of the rights to non-residential premises in an apartment building” – these are persons who may be participants of legal relations that arise around non-residential premises in an apartment building, including civil, covering relations of property and the use of the object, and administrative relations arising on housing management of non-residential premises. The author has distinguished the following types of subjects of the rights on managing non-residential premises in an apartment house: condominiums; housing cooperatives; house, street, block and other bodies of self-organization of the population; municipal government agencies; specialized companies that provide utility services.

It has been proved that the use of non-residential premises in an apartment building has certain limitations, which are naturally associated with the functionality of an apartment building. The author has suggested own definition of non-residential premises in an apartment building – as premises that is a part of the apartment buildings designed to meet non-residential needs, which are determined by the law, does not belong to housing stock and is the object of civil circulation.