The purpose of the dwelling and the limits of its use. Use of...

Article 17. Appointment of a dwelling and the limits of its use. Use of a dwelling

1. The living quarters are intended for citizens.

2. It is allowed to use a dwelling to carry out professional activities or individual entrepreneurial activities by citizens living on it legally, unless this violates the nature and legitimate interests of other citizens, as well as the requirements that the dwelling should meet.

3. It is not allowed to place industrial production in residential premises.

4. The use of a dwelling is carried out taking into account the observance of the rights and legitimate interests of citizens, neighbors, fire safety requirements, sanitary and hygienic, environmental and other requirements of legislation living in this residential area, and in accordance with the Rules for the use of living quarters approved by the federal government authorized by the Government of the United States the executive body ( No. 160-FZ of July 23, 2008.)

1. The article is about the appointment of a dwelling and the limits of its use (parts 1 - 3). (For residential premises and their types, see articles 15 and 16 and comments on them.)

2. Part 1 of the commented article emphasizes that the residential premises are primarily intended for the residence of citizens (owners and employers, members of their families, etc.). Of course, a dwelling can be used not only for personal living, but also for the residence of other persons: tenants and sub-tenants (on the basis of an agreement), temporary tenants (at no cost).

3. Until May 2002, housing and civil law did not provide for the use of residential premises for other purposes, i.e. not for the citizens' residence. The use of housing not for its intended purpose entailed the corresponding consequences. For example, Art. 98 LC of the RSFSR and art. 293 of the US Civil Code provided for the eviction of citizens from a dwelling for this offense (here it should be explained - the US Civil Code on this issue continues to operate).

In May 2002, Art. 10 LCD RSFSR was supplemented by two parts, which provided for the possibility of housing a lawyer's office in a residential building. Article 21 of Federal Law No. 63-FZ of 31.05.2002 "On advocacy and legal profession in the United States"; (in ed. ot21.11.2011) 1 fixed the right of an attorney to individually establish an advocate's office to carry out advocacy (as one of the forms of lawyer formations along with the bar association, etc.), as well as the right to use living quarters for these purposes. This supplement in the US LC did not specifically indicate which living quarters occupied by a lawyer and members of his family can be used for a lawyer's office. Consequently, it became possible to place the lawyer's office not only in a separate apartment, but also in the communal apartment room where the lawyer and his family live, which significantly worsens their living conditions, and also creates inconveniences for neighbors.

4. Now, on the basis of Part 2 of the commented article, the use of housing not for living was not an exception, but a general rule. In essence, the wording about the possibility of using housing for the implementation of "professional or individual entrepreneurial activity" hardly has any limits. The only exception is the ban on the placement of industrial production in residential premises - paragraph 3 of the article being commented. By industry is meant the industry of production, encompassing the processing of raw materials, the development of subsurface resources, the creation of means of production and consumer goods. This prohibition is contained in the law in order to ensure compliance with the requirements that are imposed on living quarters. However, if you follow the formulation of the above-mentioned part ("Do not allow the placement of industrial production in living quarters"), then taking into account the norms of Art. 16 US LC (see comments on it), we can conclude that in an apartment building in a non-residential premises can be placed and industrial production. In other words, the version of part 3 of the article is obviously unsuccessful. However, in the Civil Code of the United States such a prohibition remained: according to paragraph 2 of Art. 288 accommodation in residential buildings of industrial production is not allowed. It is also enshrined here that the placement by the owner in the residential premises of enterprises, institutions, organizations is allowed only after the transfer of such premises to non-residential premises. Consequently, the revision of Part 3 of Art. 17 US LC needs to be clarified in terms of a complete ban on the placement of industrial production in residential buildings.

5. Prior to the adoption of the US housing policy, the state policy was aimed at rational use of housing, strictly targeted use of housing. As a rule, the demolition of dwelling houses was not allowed and the use of residential premises was prohibited for other purposes. Now, taking into account the simplified transfer of living quarters to non-residential premises (see Article 23 and the commentary to it), it can be said that the legal framework on this issue has changed significantly. In particular, the opportunity provided by the legislation to transfer residential premises to non-residential premises can lead to the retirement of housing from the housing stock and, consequently, to its substantial decrease.

6. Part 2 of the commented article says that when using housing for other purposes, the rights and legitimate interests of other citizens should not be violated. In this regard, it should be noted that this wish has a declarative nature, and in reality a new procedure for using housing creates the ground for numerous violations of the rights and interests of not only citizens, but also other persons, for example, legal persons (organizations), foreign citizens and persons without citizenship.

7. In part 4 of the article, the obligation of residents to comply with the Rules for the use of living quarters, which apply to all users of residential premises (employers, owners, etc.) is established. These Regulations are approved by the US Government Resolution No. 25 of 21.01.2006.

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