The types of housing stock are related. Housing Fund: concept and species. State Housing Foundation

Housing Foundation - This is a combination of all residential premises located in the territory of the Russian Federation.

Views housing funds (Art. 19 LCD RF).

I. In action from the form of ownership The housing foundation is divided into:

1) private Housing Fund - a totality lived. Premises located in the companion of citizens and JUR. persons;

2) state Housing Fund - a set of residential premises belonging to the right of ownership of the Russian Federation and residential premises belonging to the right of ownership to the subjects of the Russian Federation;

3) municipal Housing Fund is a set of residential premises belonging to the right of ownership to municipalities.

II. In action from goals Use Housing Fund is divided into:

1) Housing Fund social use - A combination of citizens provided by citizens under social hire agreements of the residential premises of the state. and municipal housing funds, as well as citizens provided by citizens under contracts for housing a housing stock social use of residential premises of state, municipal and private housing stocks.;

2) specialized Housing Fund - a set of selected categories of citizens of residential premises of state and municipal housing stocks;

3) individual Housing Fund - a set of residential premises of a private housing stock, which are used by citizens - owners of such premises for their stay, residence of members of their family and (or) of other citizens on the terms of free use, as well as JUR. persons - owners of such premises for the residence of citizens;

4) Housing Fund commercial Use is a set of residential premises, which are used by the owners of such premises for the residence of citizens on the terms of compensation, are provided to citizens in other treaties, provided by the owners of such premises to possession and (or) to use.

Residential premises It is recognized as an isolated premises, which is immovable property and suitable for permanent residence of citizens (meets established sanitary and technical rules and standards, other requirements of legislation.

The procedure for recognizing the placement by residential The room and the requirements that the residential premises must be accomplished are established by the Government of the Russian Federation. Residential premises can be recognized unsuitable For living on reasons and in the manner established by the Government of the Russian Federation. (in a dilapidation, emergency state, in which the harmful effects of habitat factors have been revealed)

Living space apartments depends on the quantitative composition of residential rooms and is calculated as the amount of the area of \u200b\u200bthe vehiclesir. It - square of main purpose . Total (useful) area Consists of: sums of the area of \u200b\u200ball parts of such a room, including the area of \u200b\u200bthe auxiliary use premises intended to meet citizens of household and other needs related to their living in the residential premises, with the exception of balconies, loggias, verandas and terraces.

Types of residential premises :

● House , part of a residential building; ● Apartment, part of the apartment; ● room.

Residential house An individual-specific building is recognized, which consists of rooms, as well as the premises of the auxiliary use intended to meet citizens of household and other needs associated with their accommodation in such a building. Apartment A structurally separate room in an apartment building is recognized, ensuring the possibility of direct access to public premises in such a house and consisting of one or more rooms, as well as premises of auxiliary use. Room A part of a residential building or an apartment is recognized, intended for use as a place of direct residence of citizens in a residential building or apartment.

Purpose of residential premises and limits his use Installed in Art. 17 LCD RF. Residential premises designed For the residence of citizens. It is allowed to use residential premises for professional activities or individual entrepreneurial activities living in legal grounds by citizens, if it does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet.

Definition 1.

Housing Foundation Of the Russian Federation, as one of the main doors of society and the state, is a combination of all residential premises located on the territory of our country.

The classification of the housing stock is possible on two criteria: form of ownership and making method. Depending on the one who owns the premises, the following main types allocate in the housing stock:

1. state;
2. private;
3. municipal.

And for use goals The housing foundation is divided into:

1. social;
2. specialized;
3. individual;
4. commercial.

Consider all of the above types of housing stock in more detail.

State Housing Foundation

The premises belonging to state Funddisposed of:

1. ministry of State Property of the Russian Federation;
2. authorized authorities of the constituent entities of the Federation;
3. state enterprises or institutions.

Note 1.

Despite the fact that the owner of the departmental housing is the state, it transmits part of the real rights to the use of premises. They are intended, as a rule, to accommodate employees of enterprises and institutions, on the balance of which are concrete buildings and structures.

Article $ 294 of the Civil Code of the Russian Federation establishes that the legal entity due to property on the right of economic management, although it does not have all the powers of the owner, but it is entitled to use this housing at its own discretion.

In addition, federal and government agencies can be endowed with the right of operational management of the housing foundation. In accordance with Article $ 296 of the Civil Code of the Russian Federation, they may dispose of the property assigned to them in accordance with the goals of their activities, the orders of state authorities and the appointment of housing.

At the same time, the Ministry of State Property Property of the Russian Federation and similar regional structures are able to withdraw from the enterprise the right of operational management entrusted to him by the housing foundation, but only under the circumstances specifically stipulated by law.

Picture 1.

Municipal Housing Foundation

Dispose of municipal Fund they have a right:

1. city \u200b\u200band district administrations;
2. rural settlements;
3. administrative-territorial formations of cities and districts;
4. municipal enterprises and institutions.

The residential foundation based on the balance of municipal enterprises and institutions is also assigned to them on the right of economic management or operational management.

In accordance with the Federal Law "On the General Principles of the Organization of Local Government in the Russian Federation", ownership of municipalities is housing, intended to ensure poor citizens. They must accommodate in this village and need to improve the housing conditions to get from the local administration of the premises under social employment contracts.

Private housing fund

Houses, apartments and rooms belonging to citizens and various legal entities are private Foundation. This category also includes residential premises whose owners are commercial or public organizations, including trade unions, charitable funds and religious associations.

Owners can build, acquire or privatize their real estate facilities. Privatization is the process of defoding property. It is carried out through the sale or gratuitous transfer of state or municipal property to various companies and individuals.

Note 2.

One of the forms of privatization is rental housing for a long time with the right of subsequent redemption. In addition, the premises can be sold out to new owners as a result of the auction.

Classification of the Housing Fund depending on the purpose of use

Classification of the Housing Fund for Use largely depends on what form of ownership includes certain premises.

Social Fund It consists of state or municipal housing provided to citizens in need of improving housing conditions. Social hiring agreement has a number of characteristic features. Its objects are always at home, apartments or rooms, isolated from other residential premises.

As a leader under a social hiring agreement, an organ of state or municipal authorities speaks, and as an employer is a specific citizen. His family members also enjoy rights and fulfill the responsibilities related to accommodation provided.

Specialized Foundation The following real estate objects are:

1. service housing;
2. hostel;
3. houses for the elderly and disabled;
4. boarding schools for orphans and children left without parental care;
5. premises intended for refugees and forced migrants.

Most of the specialized housing stock is owned by state authorities and local self-government. These premises are usually used to temporarily reside students, workers or employees, in connection with the study or performance of professional duties.

Individual Foundation Belongs to citizens or legal entities. Housing owners and members of their families constantly live in their homes, apartments or isolated rooms. The rights and obligations of the owners of these premises are determined by the current Housing Code of the Russian Federation.

Commercial Foundation Used to retrieve profits. It is a combination of premises provided to people or organizations under lease or employment contracts.

Objects of the Commercial Fund may belong both to the authorities of the state and municipal authorities and citizens or legal entities who have the right to hand over their homes or apartments on a reimbursable basis.

The housing stock of commercial use is subject to state accounting. The procedure for this procedure is established by the relevant regulatory acts of the Government of Russia. We are talking about mandatory technical inventory and certification of real estate objects with registration of appropriate documents. Technical passports of residential premises are confirmed by their compliance with established construction, sanitary, environmental and other standards.

The types of housing stock are classification of residential premises depending on affiliation and destination. Consider what it is based on how it affects the rights and obligations of citizens. We affect the methods and forms of accounting and monitoring the housing in the country.

Regulatory regulation

Answers to questions about housing gives LCD. He describes the concept and types of housing stock, rules for their use.

As for the rules of content, they are accepted at the level of the Government of the Russian Federation.

We must not forget about documents that have a purely technical nature (rules for the operation of housing), which are guided by employees of the housing and communal services.

A number of special documents are adopted to regulate the accounting of all housing in the country.

Housing stock composition

In his quality, the legislation is understood by residential premises available in the country. The form of property does not have, the purpose of the premises is also. These factors are only used as classification criteria, as well as the procedure for forming and use.

Forms of ownership

Consider how the right to own property of various entities is being implemented. The housing foundation is divided into rooms belonging to:

• citizens and non-state legal entities (private housing);
• the State Fund belongs accordingly to the state and its subjects (represented by the regional authorities);
• the municipal fund belongs to municipalities.

As the housing for private ownership appears, it is clear to all: as a result of the privatization, the construction of new facilities into operation for the money of citizens or organizations.

The State Fund is formed by purchasing housing at the expense of budget funds. Companies can transfer apartments or houses to tax and other obligations to the state. Property can go to the ownership of the state for other grounds. Similar rules apply to municipal housing.

Goals use

The law indicates several types of housing stock depending on the purpose:

• for social hiring;
• specialized (intended for a wide list of persons);
• for individual use;
• for commercial use.

The text of normative acts meet mentions, for example, a departmental fund, which refers to a specialized one. It is necessary to repel in the complaints and claims only from the wording of the LCD.

Social housing

Apartments from the Housing Fund of Social Use are provided by citizens under a social hiring agreement. The use fee is not charged. Provided by the state or municipality. They are often represented by an authorized organization responsible for managing residential premises.

They are provided for accommodation on the conditions set forth in the LCD. Citizens concluded agreements based on typical form. Who is entitled to get to use the room?

There are several categories of citizens: disabled people and their families, citizens, whose income is lower than a certain level, large families and persons who need additional housing. In regulations in the regions, the list of requirements for bidders for receiving housing is described in detail in this way. The right to premises from the Housing Fund of Social Use has a variety of people.

The described assistance form cannot be confused with hiring housing in the social use fund, which is provided for a small fee.

Specialized Housing Foundation

It is formed at the expense of the premises of the state and the authorities of the municipality. Persons, the universes in the premises attributed to this fund, are not eligible for their privatization, as is done with housing transmitted in accordance with the rules of social hiring.

In particular, the specialized housing foundation includes:

• service premises;
• rooms in hostels (unless they are transmitted within social hiring);
• housing from the maneuverable fund;
• social for servicing citizens;
• for forced immigrants, refugees;
• for persons assigned to orphans and left without parental supervision and previously relate to them (the achievement of 18 years does not deprive the rights);
• accommodation for social protection of certain categories of citizens.

Approximate list of purchases

Premises from the maneuverable fund are available during training, service or work. As a rule, people settle in the rooms of the hostels.

In the LCD there is an incomplete list of foundations giving the right to premises from the maneuverable fund:

• the overhaul of the premises issued under the Social Hospital Program is carried out;
• the only housing acquired for credit funds has been recovery;
• the accommodation has become unsuitable for accommodation due to natural disasters, hostilities and other emergencies.

Thus, the law highlighted another type of residential premises, not mentioned in the first articles of the Code.

Individual accommodation

Art. 19 LCD RF considers it as premises in private property. The owner has the right to establish the living conditions at its discretion, except for establishing the fee. The owner, family members and other persons, whom he wished to instill, possesses the right to reside.

Commercial Foundation

Article LCD, dedicated to the concept and types of housing fund, refers to the commercial premises fund transmitted on a paid basis. The wording does not allow the use of a paid accommodation, if it relates to a specialized fund or is provided for social hiring.

Monitoring and keeping the state of housing

Provided by minstroy and housing and communal services. Monitoring includes measures to collect statistical reporting on the state of housing in the Russian Federation: its volumes and technical condition. Receiving information, analyzing it, the Ministry is required to report its conclusions to the authorities obliged to take measures to preserve and maintain its safety.

Accounting - measures in the form of inventory and certification. Both tasks are carried out by special enterprises - BTI, owned by the regions. In addition, the activities of private organizations performing the functions of the BTI are allowed. However, copies of the materials collected by them are still transmitted to state organizations.

Rules and norms of the Housing Fund

In 2003, Gosstroy adopted a document describing the procedure for exploiting housing. It includes links to other acts, it is prescribed by the responsibilities of the owners of apartments and the common property of an apartment building. From them, for example, a careful attitude towards real estate and improvement facilities are required. What else says in the document?

• Describes the types and procedure for inspection, maintenance.
• Types of repair (current and capital), the procedure for conducting.
• Organization of servicing residential premises, attics, objects of improvement.
• The procedure for preparing for the heating season.
• Organization of the dispatch service.
• Cleaning in conditions of different seasons (winter, summer).
• A significant part of the document is assigned to the description of the maintenance of walls, partitions, floors, coatings, roofs, windows.

The final part of the rules and norms of the operation of the Housing Fund is devoted to the forms of documents reflecting the state of the house that record the conduct of inspections, repair and other events.

Finally

A number of documents illuminates the process of maintenance and operation of an apartment building. It is for them that state attention is directed. People living in individual homes ensure the safety of housing on their own.

housing Foundation Municipal Property

In this chapter, I will classify those types of housing stocks that are provided for by the current legislation.

If you analyze the provisions of the new LCD of the Russian Federation, then it can be seen that housing legislation proceeds from two criteria to determine the type of housing stock:

1. Depending on who owns the ownership of residential premises;

2. Depending on the type of target use of the residential premises.

According to the first criterion, residential premises are divided into:

A private housing stock - a set of residential premises in the property of citizens and owned by legal entities;

The State Housing Fund is a set of residential premises belonging to the right of ownership of the Russian Federation (Housing Fund of the Russian Federation), and residential premises belonging to the right of ownership to the subjects of the Russian Federation (Housing Fund of the constituent entities of the Russian Federation);

The municipal housing foundation is a set of residential premises belonging to the right of ownership to municipalities.

Private housing fund - This is a combination of residential buildings (residential premises) who are owned by citizens, as well as owned by legal entities created as owners.

The composition of the Housing Fund, which is owned by citizens, includes individual residential buildings; Privatized, built and purchased apartments and houses; apartments in houses of housing and housing and building cooperatives with a fully paid shared fee; in houses of individual owners of apartments; Apartments and homes acquired by citizens.

Citizen - the owner of the residential premises has the right in the manner prescribed by law, to own, use and dispose of them, including to rent, to lease, deposit, in general, in parts, sell, modify, rebuild or demolish, Actions, if the existing norms, housing and other rights and freedoms of other citizens are not violated, as well as public interests.

The law establishes and restrictions on the forced dissemination of real estate in the housing sphere. The forced deprivation of the owner of the residential premises belonging to him (as well as other property) cannot be made anything otherwise, as a court decision, and the forced alienation of such property for state needs can be produced only under the condition of preliminary and equivalent compensation of Part 3 of Art. 35 Constitution of the Russian Federation (adopted on a nationwide vote on December 12, 19993) ..

The private housing stock includes a housing foundation owned by legal entities created as private owners, built or acquired at the expense of their funds, including apartments in housing, housing and construction cooperatives with not fully paid by a shared fee.

Currently, according to the legislation, the owners of residential buildings (residential premises) may be commercial and non-profit organizations (except for state and municipal enterprises, as well as institutions funded by the owner), public and religious organizations (associations), charitable and other funds of Ch. 4 Article. 213 Civil Code of the Russian Federation. Part One of 11/30/1994 No. 51-FZ (as amended from 06/29/2009) .. Among them are economic companies, partnerships, collective enterprises, etc. which acquire residential premises and other property in their property.

Legal entities have the right to acquire residential buildings, other residential premises for all grounds provided for by civil law (under purchase and sale agreements, mena, donation, etc.); Quite often, the ownership of residential premises in private legal entities arises by their equity participation in the housing construction or other forms of investing their funds in this construction or purchase of housing. Finally, legal entities can build housing and independently, issued a properly pre-right to the appropriate land plot (ownership, the right of long-term lease or the right of inheritance).

A feature of the property rights of private legal entities to residential premises is that if a citizen - the owner of the residential premises can use it for personal residence of his family members either to rent a living room for the residence of other persons on the basis of the contract, then private legal entities may have accommodation Only to give it to the use of citizens on the basis of a hire agreement.

Most often, legal entities acquire residential premises to provide them with their employees in need of improving housing conditions (in the receipt of housing).

State Housing Foundation - This is a combination of residential buildings and other residential premises in state ownership.

State ownership is divided into federal property, i.e., property of the Russian Federation, and the property of individual constituent entities of the Russian Federation.

The state housing foundation consists of two parts:

1) a departmental housing fund, consisting of state ownership of the Russian Federation and is in the full business of state-owned enterprises or the operational management of government agencies related to federal state ownership.

Thus, the departmental housing fund is a combination of many funds belonging to individual state-owned enterprises on the principle of economic management or institutions on the right of operational management.

The right of economic management means that the state-owned enterprise owns, enjoys and disposes of the property transferred to it, including residential buildings (residential premises), within the limits determined by the Civil Code of the Russian Federation. The company disposes to him by property (except real estate) independently, except in cases established by laws or other legal acts (Art. 294-295 of the Civil Code of the Russian Federation).

The right of operational management means the right of state institution (as well as a state-owned enterprise) in relation to the property enshrined after it within the limits established by law, in accordance with the objectives of its activities, the assignments of the owner and the appointment of property of the right of ownership, use and orders to them (Article 296- 299 of the Civil Code of the Russian Federation).

The departmental fund, located in the federal ownership of Russia, is quite significant: in many cities where federal industrial enterprises are located, the departmental fund is more than half of the State Housing Fund. In general, in terms of volume, the departmental housing fund is about 60% of the total housing foundation of the country. It is constantly updated with residential buildings, which are erected by state enterprises, institutions, organizations at the expense of centralized capital investments, as well as non-centralized funds of these enterprises and organizations.

The homes of the departmental housing stock are intended for a specific purpose - to ensure the housing needs of employees of enterprises, institutions, ministries, departments. Satisfaction with the company (institution, department) of its employees with residential premises is important in creating appropriate housing conditions for workers and employees, consolidation of qualified specialists and fight fluidity of personnel.

In the homes of the departmental housing stock enjoy residential premises and citizens who left work at this enterprise, in the institution, organization in connection with retirement. In addition, from the departmental housing stock can be provided by the living area of \u200b\u200bmedical, cultural and educational and other institutions directly serving the labor collective of this enterprise.

Some other categories of citizens who have received residential premises in accordance with the established procedure (the disabled people of the Great Patriotic War, the families of the victims, etc.) live in homes of the departmental housing stock.

A feature of the use of departmental residential premises is that their employers under the law enjoy a smaller amount of housing rights than the employer of residential premises in houses owned by district (urban) administration: in many cases, carrying out their housing and civil rights (for example, when privatizing apartments) , employers of departmental residential premises must obtain the consent of the owner (balance holder) of housing. The exchange of residential premises in the houses of enterprises, institutions, organizations is also allowed with the consent of their owners.

2) the fund owned by the republics as part of the Russian Federation, regional regions, the autonomous field, the cities of Moscow and St. Petersburg, as well as a departmental fund, which is in the full business of state-owned enterprises or the operational management of government agencies related to the appropriate type of ownership .

The Housing Fund of the constituent entities of the Russian Federation has the main task of providing residential premises of the population living in the territory of the republics, the region, the region, the Autonomous Okrug, the cities of Moscow and St. Petersburg, as well as employees of those state enterprises and institutions that are in the management and submission of the subjects of the Russian Federation. The latter applies equally to the departmental housing fund, which is in economic management of state enterprises or the operational management of government agencies of the regional (i.e. at the level of the subjects of the Federation) subordination. The housing foundation owned by the constituent entities of the Russian Federation, the relevant local government agencies of the executive authority of the subjects of the Federation are disposed.

Enterprises are allowed to use funds from the Fund of Social and Cultural Events and Housing for Participation in the joint construction of residential buildings and cultural and domestic institutions.

Municipal Housing Fund.The municipal housing foundation is a fund owned by the district, the cities entering them administrative and territorial entities, including in the cities of Moscow and St. Petersburg, as well as a departmental fund, which is in the complete management of municipal enterprises or the operational management of municipalities institutions.

The main source of education of the municipal housing stock was the transfer to the ownership of municipalities - urban, rural settlements and other settlements of residential buildings (residential premises), which were previously underway to local councils, i.e. were objects of state ownership.

The municipal housing foundation as part of the municipal property, although it has, due to the public character of its structure, a certain similarity with the State Housing Fund, however, is an independent view (form) of property, independent view of the country's housing stock. The constitutional foundations of the municipal property are given in Gl.8 of the Constitution of the Russian Federation ("Local Government"). According to Art. 130 Constitution of the Russian Federation Local self-government in the Russian Federation ensures an independent decision to the population of local issues, possession, use and orders by municipal property.

Article 132 of the Constitution of the Russian Federation determines that local governments independently manage municipal property.

On behalf of the municipality, the rights of the owner are carried out by local governments and the persons listed in the law (Article 125, 215 of the Civil Code of the Russian Federation).

Residential premises in municipal property are assigned to municipal enterprises and institutions (schools, hospitals, clubs, etc.).

The constitutional provision that local governments independently manage the municipal property, including the municipal housing foundation, means that these bodies dispose of those owned by residential buildings in accordance with the will and interests of the population of the district, city, the village. The maintenance of local governments includes, in particular, issues related to housing and communal services as: energy, water, heat supply of settlements, their planning and development, improvement, utilities, etc. At the same time, the Constitution of the Russian Federation establishes that local governments can end up with the law of individual government powers with transfer to their implementation of material and financial resources. The implementation of the powers under control of the state of Ch. 2 Article. 132 Constitution of the Russian Federation (adopted on a nationwide vote on December 12, 19993) ..

Anyone who does not contradict the law and the decision of the local government body does not require none prior consent, nor subsequent statement of the state body and cannot be canceled in administrative or judicial.

The municipal housing foundation is one of the main objects of the law of municipal property intended to meet the needs of the population of this territory in the dwelling. Objects of the municipal housing foundation, as well as state, are subject to adverse registration in the register of municipal ownership, which leads the bodies of management of municipal property. The municipal housing fund is subject to privatization in accordance with the legislative acts of the Russian Federation on the privatization of the Housing Fund Civil Law. Part 1. Tutorial / Ed. Yu. K. Tolstoy, A. P. Sergeeva. - M.: Publisher Teis, 2008. P. 292 - 300 ..

Depending on the purpose of use, the housing fund is divided into:

Housing Fund of Social Use - a set of citizens provided under social hiring agreements of residential premises of state and municipal housing stocks;

Specialized Housing Fund - a set of individual categories of citizens and provided according to the rules of the section IV LCD of the Russian Federation, the premises of state and municipal housing stocks;

Individual Housing Fund - a set of residential premises of a private housing stock, which are used by citizens - owners of such premises for their stay, residence of members of their family and (or) of other citizens on the terms of free use, as well as legal entities - owners of such premises for citizens to these Terms of Use;

The housing stock of commercial use is a set of residential premises, which are used by the owners of such premises for the residence of citizens on the terms of compensated use, are provided to citizens in other treaties, provided by the owners of such premises to possess and (or) to use.

The housing fund is subject to state accounting in the manner established by the authorized government of the Russian Federation by the federal executive body. The State Accounting of the Housing Fund Along with other forms of its accounting should include the conduct of technical accounting of the Housing Fund, including its technical inventory and technical certification of Art. 19 Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (as amended by 07/23/2008, with change of 03.06.2009) ..

The housing foundation consists of individual residential premises (residential buildings, parts of residential buildings, apartments, apartments). The concept of "residential premises" is given in Art. 15 LCD RF, and the types of residential premises are listed in Art. 16 LCD RF. The housing foundation includes only residential premises, and, therefore, non-residential premises (premises that are not intended for the residence of citizens) are not included in the housing stock.

In accordance with Art. 19 LCD RF housing Foundation - This is a combination of all residential premises located in the territory of the Russian Federation.

Depending on the ownership

• The private housing foundation is a set of residential premises owned by citizens and owned legal entities;
• The State Housing Fund is a set of residential premises belonging to the right of ownership of the Russian Federation (Housing Fund of the Russian Federation), and residential premises belonging to the right of ownership to the subjects of the Russian Federation (Housing Fund of the Subjects of the Russian Federation);
• The municipal housing foundation is a set of residential premises belonging to the right of ownership to municipalities.

Depending on the purpose of use The housing foundation is divided:

• At the Housing Fund of Social Use A combination of citizens provided by citizens on social housing agreements of the residential premises of state and municipal housing stocks;
• Specialized Housing Fund - a set of separate categories of citizens and provided according to the rules of section. IV LCD of the Russian Federation residential premises of state and municipal housing stocks;
• Individual Housing Fund - a set of residential premises of a private housing stock, which are used by citizens - owners of such premises for their stay, residence of members of their family and (or) of other citizens on the terms of free use, as well as legal entities - owners of such premises for citizens to these Terms of Use;
• The housing stock of commercial use is a set of residential premises, which are used by the owners of such premises for the residence of citizens on the terms of compensated use, are provided to citizens in other treaties, provided by the owners of such premises to possess and (or) to use.

From the point of view of the comparative legal analysis of the norms contained in this article, it should be noted that a more detailed definition of the concept of "Housing Fund" previously contained Art. 1 bases:

"The Housing Fund is a set of all residential premises regardless of the forms of ownership, including residential buildings, specialized houses (hostels, shelters, houses of a maneuverable foundation, residential premises from housing funds for temporary settlement of internally displaced persons and persons recognized as refugees, residential premises from the Fund Housing for a temporary settlement of citizens who have lost housing as a result of the recovery of residential premises, which was acquired at the expense of a bank loan or another credit organization or means of a target loan provided by a legal entity for the purchase of housing and laid in ensuring a loan refund or a target loan, special homes For single-elderly, boarding houses for disabled, veterans and others), apartments, service residential premises, other residential premises in other buildings suitable for living. "

Article 4 of the LCD RSFSR was also given to the definition of this concept:

"Residential buildings in the RSFSR, as well as residential premises in other buildings form a housing foundation. The housing fund does not include non-residential premises in residential buildings intended for trade, household and other needs of non-industrial nature."

In art. 17 LCD RF is given a very concise definition of the concept of "Housing Fund", without any concretization. In other words, it does not contain due legal load. The housing foundation is considered as a combination of all residential premises located in the Russian Federation. Unlike the definitions of this concept in the LCD RF and the basics, this definition from a legal point of view does not fully meet its content. It refers to the entire housing foundation located in the country. Meanwhile, the housing fund is formed from residential premises of different species that are in apartment buildings and other buildings. It should be noted that every subject of the Russian Federation and each municipality has its own housing fund (like another property belonging to the right of ownership).

According to statistical authorities, at the beginning of 2005, the housing foundation in the Russian Federation exceeded 2.912 billion square meters. M of the total area of \u200b\u200bhousing, and the average security of the total area was more than 20.4 square meters. m per person. At the beginning of 2010, this foundation reached 3.172 billion square meters. M of the total area, and the average security is housing - 22.5 sq m per person.

However, the indicated indicators indicate that housing in the country is not enough; For example, in Western European countries and the United States, the average security of citizens in housing is two or three times higher than the Russian level. In the Scandinavian countries, each person accounts for more than 80 square meters. M housing, in the USA - 75 square meters. m. In Germany and France, the level of medium-sized housing exceeds 40-50 square meters. According to specialists, our country lands approximately 1 billion square meters. M Square housing. To this end, it is necessary to build about 1 square meter annually. M of the total housing area per person, i.e. 140 million square meters. In 2008, in the country, the annual volume of housing input increased to 64.1 million square meters. m, in 2011 - 62.3 million square meters. m. By 2012, the country's housing stock reached 3.272 billion square meters. m of the total area, and the average security housing is 22.8 square meters. m per person. However, the grounds for optimism are still small: the volume of input of the housing "Perestroikny" 1987 has not yet been reached - 72.8 million square meters. m.

At the same time, it is observed in the Russian Federation and individual regions an annual increase in the average security of citizens by housing. However, in Moscow, this figure decreased this indicator: from 20.0 square meters. m in 1995 to 18.8 square meters. M in 2003 in 2008. The average security of housing in Moscow was 19.9 square meters. m, i.e. Over the past period, this indicator has practically improved. This is mainly due to a more dynamic population growth in the region called region compared with the growth rates of housing construction.

The main (traditional) classification of the housing stock is carried out on the basis of the forms of ownership, which are provided for by Art. 8 of the Constitution and Art. 218 of the Civil Code of the Russian Federation. It has been established that in the Russian Federation are recognized and guaranteed private, state and municipal ownership.

Consequently, the entire housing foundation is divided into the LCD of the Russian Federation, depending on the ownership of three types. However, it is necessary to clarify which residential premises relate to a particular housing stock.

• 1) Private housing fund:
  • a) Housing Fund, owned by citizens: individual residential buildings, privatized, built and acquired apartments and houses, apartments in houses LCD and RCS with a fully paid shared contribution, in houses of HOA, apartments and houses acquired by citizens on other grounds stipulated by law;
  • b) Housing Fund, which is owned by legal entities (created as private owners), built or acquired at the expense of their funds, including at the expense of housing, housing and construction cooperatives with a fully paid shared fee.
• 2) State Housing Foundation:
  • a) the housing foundation in the state ownership of the Russian Federation, including those who are in economic management or the operational management of state-owned enterprises or institutions related to federal property;
  • b) the housing foundation owned by the subjects of the Russian Federation, including those in the economic department

or operational management of enterprises or institutions related to property of the subjects of the Russian Federation.

3) Municipal Housing Foundation - Housing Fund owned by the city, rural settlement, other municipality, including those who are in economic management or operational management of municipal enterprises or institutions.

Thus, the housing fund for ownership form is divided into three types, including private and public funds in their composition two subspecies.

The correct classification of the housing stock is of fundamental importance from the point of view of using each of its species.

Thus, in the private housing stock, they own and manage the housing foundation (residential premises), on the basis of the relevant articles of the Civil Code of the Civil Code (Article 209, 212-215, 288, 289, etc.). In residential buildings of the State and Municipal Housing Fund, another procedure for the use of residential premises is used. For example, in these houses, a certain part of the residential premises is provided to citizens for free (under the terms of the social hiring agreement), which is not provided in the private housing stock.

Allimy that the possession and use of residential premises in the housing fund of commercial use is usually carried out in accordance with the rules of ch. 35 "hiring of residential premises" (Art. 671-688) of the Civil Code of the Russian Federation. If we talk about an individual housing stock, then it is supposed to free use by citizens by residential premises. In the former legislation, residential buildings and apartments in the personal property of citizens were considered an individual housing foundation (art. 5 LCD RSFSR).

Parts 4 and 5 tbsp. 19 LCD RF provides for the State Accounting of the Housing Fund (in the LCD RSFSR, Article 25 was devoted to this issue. 25). Accounting for the housing stock is carried out along with the state registration of housing as real estate. If state registration of housing as a real estate is a one-time act, the state account has a permanent (everyday) character.

On this issue, along with the norms of the LCD RF, it should be guided by the Regulations on the state accounting of the Housing Fund in the Russian Federation, approved. Decree of the Government of the Russian Federation of 13.10.1997 No. 1301. According to this provision, the main task of state accounting of the Housing Fund is to obtain information on the placement, quantitative and qualitative composition, technical condition, level of improvement, the value of the Fund's objects and the change in these indicators.

State accounting is subject to independently of the ownership of residential buildings, apartments, office residential premises, other residential premises suitable for permanent residence. The inclusion of residential buildings and residential premises in a housing fund and an exception to it is made in accordance with the housing legislation of the Russian Federation. State accounting of the Housing Fund in the Russian Federation includes technical accounting, official statistical accounting and accounting.

The basis of the state accounting of the Housing Fund is technical records carried out in the manner established by regulatory legal acts in the field of state technical accounting and technical inventory of capital construction facilities (see the Regulation on the Organization in the Russian Federation of State Technical Accounting and Technical Inventory of Capital Construction Objects. Resolution Government of the Russian Federation of 04.12.2000 No. 921).

Technical accounting of the Housing Fund is assigned to specialized state and municipal organizations of technical inventory - Unitary enterprises, services, management, centers, bureaus.

Federal Law of 25.12.2012 No. 271 "On Amendments to the Housing Code of the Russian Federation and the individual legislative acts of the Russian Federation and the recognition of the individual provisions of the legislative acts of the Russian Federation" on issues relating to the organization of the overhaul of common property in apartment buildings, changed In the LCD RF, including in Art. 19 (it is supplemented part 6). The specified part provides for monitoring the use of the housing stock and ensure its safety by the relevant federal executive authority. These activities should be carried out at the federal level in order to ensure the overhaul of common property in apartment buildings.

• Russia in numbers. 2010: Pros. Stat. Sat M., 2010. P. 128.
• Russia in numbers. 2009: Pros. Stat. Sat M., 2009. P. 267, 268.
• Russia in numbers. 2012: Pros. Stat. Sat M., 2012. P. 291.
• Ibid. Pp. 140.