On the Issue of Legal Regulation of the Alienation of Residential Premises from Public Ownership to the Ownership of Individuals

Abstract

The article examines the peculiarities of the legal regulation of the alienation of residential premises from public ownership to the ownership of individuals. In particular, the procedure for the privatization of residential premises belonging to the state and municipal housing stock, and used by citizens under a social rental agreement, is disclosed. The authors raise the problematic issue of the procedure for the transfer to the ownership of individuals of the so-called luxury apartments, which become state property as a result of the application of legal sanctions to their past owners as a result of the identification of facts of corruption offenses. The authors also analyzed a number of problematic aspects identified as a result of studying law enforcement practice in the field of privatization: we are talking about cases of invalidation of the contract for the transfer of residential premises to ownership as a result of privatization, as well as cases of refusal to participate in privatization. The authors also address the problems of protecting the rights of minors in the process of privatization. The article also pays attention to the reverse process of privatization – deprivatization. The authors conclude that it is necessary to continue improving the legal norms defining the status of participants in privatization, whose rights may be violated due to gaps in legislation.