General concepts of dwelling apartment and his description.
The concept of residential premises under the legislation of the Russian Federation.
The object of housing legal relations are residential premises. The inhabited premise is the isolated premise which is real estate and is suitable for constant residing of citizens (meets the established sanitary and technical rules and norms, other requirements of the legislation). This definition is given in Article 15 of the Housing Code of the Russian Federation.
Article 16 of the Housing Code of the Russian Federation distinguishes the following types of residential premises:
1) a dwelling house, a part of a dwelling house - a dwelling house - is an individually defined building which consists of rooms and premises of auxiliary use intended for the satisfaction of citizens with household and other needs related to their living in such a building;
2) an apartment or a part of an apartment - an apartment is considered to be a providing an opportunity for direct access to public premises in such a building.
The concept of a communal apartment, we can say that a communal apartment is also a living quarters consisting of two or more rooms occupied by several citizens under separate rental contracts and owned by them on the basis of private property rights.
Previously, they were held in Articles 40 and 52 of the RSFSR Housing Code. In the functioning LCD of the Russian Federation, these norms are absent. At the same time, however, the decree of the RSFSR Council of Ministers No. 335 of July 31, 1984 "On the Procedure for Registration of Citizens in Need of Improved Housing Conditions and Provision of Residential Facilities in the RSFSR", which was adopted on the basis of the RSFSR Housing Code, but nevertheless was not recognized as null and void with the termination of its validity, established that the residential premises:
1) shall be provided to citizens per one person in the amount established by the subject of the Federation, and may not be less than the social norm of the area of housing equivalent to the minimum size of the provision of housing;
2) in the provision of housing is not allowed to occupy one room by persons of different sexes over 9 years of age, except spouses;
3) shall be provided taking into account the state of health of citizens and other halls.
Article 17 of the Housing Code of the Russian Federation defines the purpose of residential premises and the limits of their use. Accommodation in residential premises of industrial production facilities is not allowed.
But at the same time, a new norm has been introduced, according to which it is allowed to use residential premises for professional activity or individual entrepreneurial activity by citizens legally residing in it.
In order for these persons to exercise this right, the following conditions must be met:
1) it shall not violate the rights and legitimate interests of other citizens;
2) it must not violate the requirements to which the accommodation must meet.
As an example, we can cite the relevant rights of an attorney who has established an advocate's office, as contained in Article 21 of the Federal Law of May 31, 2002 No. 63-F3 "On Advocacy and the Bar in the Russian Federation" as amended in 2017 (hereinafter - the Federal Law "On Advocacy and the Bar in the Russian Federation".
According to it, an advocate is entitled to use residential premises owned by him or members of his or her family for the purpose of accommodating an advocate's office, with the consent of the latter. Residential premises occupied by an advocate and members of his or her family on the basis of a contract of employment may be used by the advocate to accommodate the office of the advocate with the consent of the lessor and all adults living together with the advocate.