Privatization of the housing fund in the works of professor S.M. Korneev and modern problems of privatization

Abstract

The article analyzes the scientific heritage of Professor S. M. Korneev, dedicated to the privatization of the housing stock in the Russian Federation. The continuity of the ideas of the scientist in the current doctrine of law and the consolidation of individual proposals in modern Russian legislation are shown. It is noted that S. M. Korneev was one of the first in Russian law who addressed the topical legal problems of housing stock privatization and suggested ways to resolve them. In particular, he studied the issues of protecting the rights of family members of the owner during privatization, including formulating proposals on the need to improve legislation on the participation in privatization of minors and incapacitated family members; they show how the principle of “free” and “one-off” housing privatization should work in law enforcement practice; proposals were formulated for the formalization of the legal regime of the common property of an apartment building during the privatization of residential premises in it; the problem of the legal regime of a land plot under an apartment building is raised and proposals are made for organizing the maintenance of the infrastructure of such a house through the creation of special legal entities — condominiums. This article shows that the comprehension and resolution of many of the scientific and practical problems of protecting the right of ownership to residential premises identified by S. M. Korneev, which arose even at the stage of privatization, took place in the last decades of the development of domestic legislation. It is concluded that. that individual problems of privatization remain topical even at the present stage.

References

1. Korneev, S.M. (1995). The main trends in the development of housing law in a market economy. In E. A ., Sukhanov (Ed.). Civil law of Russia in the transition to the market: Collection of scientific articles by professor. Department of Civil Law Law Faculty of Moscow State University, dedicated to the memory of V. P. Gribanov (pp. 146–172). Moscow (in Russ.).
2. Korneev, S.M. (2012). Selected works. Moscow (in Russ.).
3. Korneev, S.M. and Krasheninnikov, P.V. (1996). Privatization of housing stock: Legislation and practice. In P. V ., Krasheninnikov, Collected works. Volume 5. Housing law (pp. 127–201). Moscow, Saratov (in Russ.).