State and Law. The RF CC Art. 153 with comments

The procedure for the fulfillment of obligations for the payment of communal services is governed by the provisions of Sec. VII of the RF CC. Art. считается одной из ключевых норм в данной сфере. 153 is considered one of the key standards in this area. Let's consider it in more detail.

Responsibilities of citizens and organizations

Legal and physical persons must fully and timely pay for utilities and living space. The corresponding duty, according to Part 2 of Art. возникает: 153 LCD RF, there is:

1. The tenants of the premises under the contract соцнайма, including the housing fund of social use. The said persons must make payments from the date of conclusion of the agreement.
2. Tenants / tenants of the premises of a municipal or state housing fund. The duty also arises from the date the agreement is drawn up.
3. Members of the housing cooperative since the provision of the premises.
4. Owners of the area from the date of the emergence of the right. In this case, the rule provided for in Article 169 of the Code (Part 3) is taken into account.
5. Persons who have accepted premises from the builder (the entity providing the erection of an apartment building) under a transfer or other act from the date of transfer. The obligation arises if the facility is put into operation. This fact must be confirmed by appropriate permission.
6. Developers in respect of premises in an apartment building that are not provided to others under a transfer or other act. The obligation arises from the date of granting him permission to put the facility into operation.

, до заселения в помещения муниципального и государственного жилфондов расходы на их содержание несут соответственно структуры местной и госвласти либо управомоченные ими субъекты. In accordance with the third part of item 153 of the LC RF , before settling into the premises of the municipal and state housing funds, the costs for their maintenance are borne by the structures of the local and state authorities or the subjects authorized by them, respectively.

Explanations

Considering Art. юристов, следует отметить, что ранее отношения, связанные с выполнением обязательств по оплате помещений и коммунальных услуг, регламентировались преимущественно подзаконными актами. 153 LC RF with comments of lawyers, it should be noted that earlier relations related to the fulfillment of obligations for payment of premises and utilities, were regulated mainly by by-laws. At present, the provisions of the norm not only have a regulative character, but also realize the most important system-legal task. Contained in the LC RF art. наряду с прочими нормами раздела VII выступает в качестве гарантии защиты интересов участников жилищного процесса. 153 along with other norms of Section VII acts as a guarantee of protection of interests of participants in the housing process.

Specificity of the norm

Part one of Art. обладает общим характером. 153 LCD of the RF has a general character. It stipulates that payment for housing and communal services and living space is the responsibility of all entities that have entered into housing legal relations on the basis of a treaty or law. The procedure for its implementation is disclosed by other norms of the Code. The articles in Section VII do not use a collective notion that covers all entities that are obliged to pay. It seems that they can be attributed to all users of premises. The corresponding term is used in the 159th article of the Code. The term "user" refers, mainly, to citizens living in municipal and state housing funds. The rules for the provision of housing and communal services include the concept of "consumer". This term denotes entities that receive utility services and are obliged to pay for them.

Features of subjects

In part two of the considered rule, the list of persons on whom the obligation to pay for housing and utility services is assigned. According to paragraph 1 of Art. , ими являются наниматели помещений. 153 LCD , they are tenants of premises. To obtain the relevant status, a person must conclude a contract. From the moment of its registration the subject becomes the obliged person. Meanwhile, far from all the cases, the approach established in the RF Parliament can be considered indisputable. Art. 153 (paragraph 2), for example, also determines the date of the obligation to enter into a lease agreement. But you need to take into account that it, like the contracts of social investment, hiring a municipal or state housing fund, is recognized consensual. All of them must be in writing.

Such contracts are considered concluded when the parties reach an agreement on significant conditions, which, in turn, must be recorded in the text of the main document. The date contained in it is considered the moment of conclusion of the transaction. Meanwhile, in practice, the tenant / tenant in fact can not operate the premises until it is provided to him.

Features of object transfer

At the time of providing the premises, the subject (the tenant / tenant) is given keys and documentation that confirms the proper condition. Among the papers, in particular, are:

1. Sanitary and hygienic certificate.
2. Technical passport for equipment installed in the premises.
3. Rules for the operation of devices.

The tenant conducts an inspection of the property. In the absence of comments, the parties draw up an act. From the moment of its signing the premises are recognized as transferred for use. Accordingly, it can already be exploited.

Nuances

The subject to whom the premises are transferred in accordance with the contract of employment shall have the right to refuse to accept the object and settle into it if its condition proves to be improper or unfit for habitation. In this case, it would be wrong to impose an obligation on a person to pay utility bills. If the subject who has concluded the contract unreasonably evades acceptance of the premises, this fact is fixed in a special act. The document should reflect that the person, without good reason, refuses to place and sign the necessary papers. In this situation, the obligation, which is fixed by the RF Parliament in Art. , возникла бы с момента оформления специального (комиссионного) акта. 153 , would arise from the moment of registration of a special (commission) act. Meanwhile, in the legislation there are no norms containing requirements to the process of transferring the premises. It seems that this is a significant enough gap in the norms that must be filled.

Expert opinion

Due to the lack of regulations governing the provision of the premises to the tenant, a number of lawyers suggest using the provisions of Article 611 of the Civil Code by analogy. Experts believe that it is quite logical to link the imputation of the obligation to pay housing and utility services to the subject from the moment of granting the facility to him. Moreover, in practice, as a rule, it happens that the agreement on hiring is concluded, and the living space is transferred later.

However, present in the FCC RF Art. закрепляет другое правило. 153 fixes another rule. It seems that the logic of the legislator is to stimulate the employer to remove any obstacles on his part to enter the premises provided to him under the contract and use it for the intended purpose. If, after registration of the agreement, the landlord, for whatever reason, delays the transfer of the object, the second party to the transaction may well require an unpaid payment for a period in which he could not operate the living space. If there is a dispute between the parties that can only be resolved within the framework of the proceedings, the instance reviewing the case must take into account the specific circumstances and determine the exact date on which the object was provided to the employer. When resolving a conflict, the court should be guided not only by general rules, but also by special provisions regulating binding relations.

Members of the cooperative

They get the right to the premises not in accordance with the contract, but on the basis of the performance by the association of the obligations assumed. As stated in the 124th article of the Code (Part 2), for the introduction of a member of the cooperative, the general meeting decides on this. Accordingly, the obligation fixed by the RF Parliament in Art. , возникает в момент утверждения указанного акта всеми членами объединения. 153 , arises at the time of approval of this act by all members of the association. According to experts, it would be logical to provide that the payment of the premises provided to a member of a housing cooperative should be made to them not from the date of the decision, but after the transfer of the object under the relevant act.

Owners

As stated in paragraph 5 of Art. обязанность по выплате сумм за коммунальные услуги и помещение возникает у владельцев после приобретения права на объект. 153 LCD, the obligation to pay amounts for utilities and premises arises from the owners after the acquisition of the right to the object. According to lawyers, this approach can not be called impeccable either. The point is that by the moment of acquisition of the property right specified in clause 5, part 2 of Art. , является госрегистрация. 153 LCD , is the state registration. It does not matter the reason for its occurrence. Gosregistratsiya, by virtue of provisions of legislation, is considered the only confirmation of the existence of law. In practice, meanwhile, the assignment of the obligation to the owner to pay utility bills and other mandatory amounts, occurs in different ways. For example, when buying a space in the framework of participation in the shared construction of MCD, the object is transferred before the registration of the right.

Participation in shared construction

In Art. указывается, что обязанность по отчислению платежей за помещение и услуги ЖКХ возникает при передаче объекта по соответствующему акту. 153 LCD of the RF it is indicated that the obligation to deduct payments for housing and utility services arises when the object is transferred under the relevant act. This document serves as one of the grounds for registration of the right to housing. In this case, the subject has not yet become a legal owner, but must already perform the duties stipulated by law. If the right to the premises has arisen from the acquirer by virtue of the contract, then the object can be transferred and before the state registration. Accordingly, at the same time there are also responsibilities, enshrined in the 153rd article of the Code. In the opinion of lawyers, it would be logical to supplement the initial wording of part two with a reference to "if the other is not provided for in the contract or law."

Openness of the list

Appointment of the rules stipulated by the second part of the norm in question consists in determining the moment of occurrence of obligations for payment of housing and communal services and premises. In this regard, it does not disclose a complete list of persons. Accordingly, the rules set forth in part two should be applied in conjunction with other norms of the Code establishing the range of obligated subjects. Among them, in particular, you can include competent (completely or limited) relatives of the owner / employer (under the contract sotsayma) and co-owners.

Innovation

P. 6 of Art. 153 LCD of the RF was introduced relatively recently. It establishes that the duty, fixed by part one, arises:

1. The subject who took the object under a bilateral act of acceptance and transfer from the developer. The status of a person is not specified. It seems that this entity must have the right to make demands for the provision of a room to him.
2. From the moment the object is transferred.

Conclusion

The municipal and state housing funds are managed by the regional, local and state authorities. In this connection, it is only natural that before the living space is not transferred to specific persons on this or that legal basis, the duties provided for by the first part of the considered norm are assigned to the authorized bodies of the subjects of the Russian Federation or the Ministry of Defense at the expense of budget funds of the appropriate level. In part 3 the wording "before settling the premises of municipal and state housing funds" is used. This expression, according to experts, is not entirely correct. In the sense of the norm, the settlement should be considered the granting of the facility in accordance with the established procedure to authorized persons. The concretization of the moment in which the obligation provided for by part one is terminated, in public entities, and at the same time arises in the said entities, is set forth in Part 2 of Article 153.