Article 17 of the LC RF establishes purpose of the dwelling: the dwelling is intended for habitation of citizens.

In paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of July 2, 2009 No. 14 “On some issues that have arisen in judicial practice in the application of the Housing Code Russian Federation» clarified that the use of residential premises for other purposes should be understood as the use of residential premises not for the residence of citizens, but for other purposes (for example, using it for offices, warehouses, locating industrial production, keeping and breeding animals), i.e. the actual transformation of a dwelling into a non-residential one.

At the same time, according to part 2 of Art. 17 of the Housing Code of the Russian Federation, it is allowed to use residential premises for the implementation of professional activities or individual entrepreneurial activities by citizens legally residing in it, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet (fire safety, sanitary and hygienic and etc.). Various categories of citizens can engage in professional activities at home: scientists, writers, etc. Such citizens also include lawyers who have chosen a lawyer's office as a form of their activity. According to paragraphs 6 and 7 of Art. 21 federal law dated 31.05.2002 No. 63-FZ “On advocacy and advocacy in the Russian Federation” 1 a lawyer has the right to use residential premises owned by him or his family members on the right of ownership, with their consent, as well as residential premises occupied by a lawyer, to accommodate a lawyer’s office and members of his family under a contract of employment - with the consent of the landlord and all adults living together with the lawyer.

An interesting question is whether it is possible to indicate the address of the residential premises as the location of the legal entity. There is no legal norm in the Housing Code of the Russian Federation that would allow or prohibit the registration of a legal entity at the address of a dwelling, i.e. at the place of residence of the citizen. According to paragraph 2 of Art. 45 of the Civil Code of the Russian Federation, the location of a legal entity is determined by the place of its state registration on the territory of the Russian Federation by indicating the name locality (municipality). State registration of a legal entity is carried out at the location of its permanent executive body, and in the absence of a permanent executive body - another body or person authorized to act on behalf of the legal entity by virtue of law, other legal act or founding document. In accordance with paragraph 2 of Art. 8 of the Federal Law of 08.08.2001 No. 129-FZ “On State Registration legal entities and individual entrepreneurs» state registration of a legal entity is carried out at the location of the permanent executive body indicated by the founders in the application for state registration, in the absence of such an executive body - at the location of another body or person entitled to act on behalf of the legal entity without a power of attorney. Thus, the sole executive body of the newly created legal entity (for example, director) has the right to indicate in founding documents as the address of the location of the legal entity, the location of the permanent executive body, that is, the address of its place of residence.

It is not allowed to place industrial production in residential premises (part 3 of article 17 of the LC RF). Industrial production includes activities for the production of products using machine tools and other mechanical equipment, associated with the excess of sanitary and hygienic standards that are unacceptable in residential premises. Industrial production should be located in buildings specially built for this purpose and located in acceptable sanitary zones from residential buildings.

This provision was developed in Art. 288 of the Civil Code of the Russian Federation: placement by the owner of enterprises, institutions, organizations in the residential premises belonging to him is allowed only after the transfer of such premises to the category of non-residential.

If the residential premises are not used for their intended purpose, this entails the termination of the housing lease agreement and the eviction of the tenant and his family members (Articles 83 and 91 of the LC RF, Articles 687 and 688 of the Civil Code of the Russian Federation).

According to Art. 293 of the Civil Code of the Russian Federation, the use by the owner of his housing for other purposes may lead to his forced withdrawal. If the owner of a dwelling does not use it for its intended purpose, or systematically violates the rights and interests of neighbors, or mishandles the dwelling, allowing it to be destroyed, the local government may warn the owner about the need to eliminate the violation, and if they entail the destruction of the premises, appoint a reasonable period for renovation of the premises. If the owner, even after a warning, continues to violate the rights and interests of neighbors or use it for other purposes, as well as without good reason, does not make the necessary repairs, the court, at the request of the local government, may decide to sell such premises at public auction with payment to the owner of the proceeds from sale of funds, from the amount of which the costs of enforcement of the judgment will be deducted.

In addition, for the use of residential premises for other purposes, a citizen may be held administratively liable in the form of a fine in the amount of 1,000 to 1,500 rubles. on the basis of Art. 7.21 "Violation of the rules for the use of residential premises" of the Code of Administrative Offenses of the Russian Federation.

In accordance with Part 4 of Art. 17 ZhK RF use of living quarters is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by Decree of the Government of the Russian Federation of 01/21/2006 No. 25 "On approval of the rules for the use of residential premises" .

The following persons have the right to use the living quarters: the tenant of the living quarters under the contract of social renting of the living quarters and members of his family; a tenant under a tenancy agreement for state and municipal housing funds for commercial use and citizens permanently residing with the tenant; a tenant under a lease agreement for specialized housing and members of his family; the owner of the dwelling and members of his family; a member of a housing or housing-construction cooperative and members of his family.

The right to use residential premises is quite clearly enshrined in Russian legislation. In the scientific community of lawyers, this concept and term is considered in great detail and has become a topic for writing many works in specialized literature, dissertations and graduation projects. We note right away that it is often very difficult for a non-specialist to independently understand the specifics of most practical, and, moreover, theoretical issues that arise in connection with the exercise of their right to use residential premises. However, below in this article we will try to briefly and easily state the basic concepts and determine the right to use the dwelling and ownership of it.

According to the general understanding, unlike the concept of ownership, the use of residential premises implies, first of all, your right to live in it. Owners can enjoy the fullest scope of such rights - they are limited only within the limits of their obligations to respect the rights of other citizens, including those who are related to them. For other citizens, this concept is just a derivative of the right of the owner and is always associated with certain duties. An example is the features established by the rules for the ownership of hostels. The concept and procedure for using residential premises in them has a number of limitations. In this regard, it makes sense to define in more detail the concept and limits of the use of residential premises.

Limits of use of residential premises

If we talk about ownership, then the owner (legal or individual), the least limited in independent rights. His right to use residential premises implies that, at his own discretion, he can:

• to rent such housing,
• move in not only members of your family, but also other citizens,
• carry out any actions not prohibited by law with their housing, including changing the purpose of the residential premises with its withdrawal from the housing stock to non-residential, if the rights of other citizens are not violated and houses are not destroyed and other property is destroyed.

Similar rights to the use of residential premises as the owner are granted to tenants under a social tenancy agreement, however, the limit of their powers is much narrower and their obligations are greater. Their limits and rules for the use of residential premises are limited at the legislative level and the provisions of the contract. For example, moving even relatives into such premises is possible only with the written consent of other family members. And if it concerns hostels, then it will be mandatory to obtain permission from the landlord. Therefore, such recognition of the right to use residential premises should be considered truncated. Also, their right to use residential premises is limited in terms of performing actions related to overhauls and / or redevelopment (re-equipment) of apartment buildings.
However, both the owner and the tenant have an unlimited (indefinite) right to use the residential premises, not associated with any events.

Features of the use of residential premises

Features of the use of residential premises exist, first of all, for family members of the tenant or owner. First of all, if we talk about their rights, then household members have equal rights to use residential premises along with the owner. They have the right to protect their rights, and this right concerns not only the protection of their interests from the actions of other citizens, but also from the unlawful actions of the owner.

The owner does not have the right to expel his household from housing or in any way limit their ability to use public services within even a privatized apartment.

Here it should be understood that when the adult members of his family move into a dwelling, the owner has the right to conclude an agreement with them on the shared participation in the maintenance of the premises and on the payment by them of a certain share of utilities, providing in its text for the specifics for performing these actions. If members of the owner's family do not fulfill their obligations to jointly maintain and pay utility bills, then the amounts due may be recovered from them in judicial order.

In practice, the most common problem is the definition of the fact of cohabitation. In today's realities, the proof of such a fact is the presence of registration of a family member of the owner at the place of residence in the premises owned by the owner.

Determining the rights of the user of the living quarters

Determining the rights of the user of a dwelling most often concerns those cases when a marriage breaks up and the spouses cease to be members of the same family. It was then that, along with family disputes, housing disputes also had to be resolved. A competent approach to legislative norms often does not allow, even by a court decision, to vacate the premises from a former spouse or wife. In such cases, the courts are forced to determine the procedure for using the living quarters separately for each of the former spouses.

The existing norms and concepts in them suggest that if one of the former family members does not have the opportunity to move to another housing, then, regardless of the will of the tenant, they retain the right to live in the same place, but property rights do not arise. And if for privatized apartments this issue has more opportunities for resolution, then in the case of using residential premises under a social tenancy agreement, the eviction of a former spouse who does not have other housing is practically impossible.

Minors and use of residential premises

The consideration and concept of the rights of minor children to use living quarters deserves special attention. Such rights are under the special protection of the law and are guarded very carefully. First of all, this concerns guarantees of unhindered registration in the premises, when the consent of the family members of the tenant or the owner of the apartment is not required. Analysis judicial practice allows us to conclude that registration can be carried out even in cases where the employer or owner has an objection to this.

Special categories of children should also be distinguished, for example, those over whom guardianship has been established. The fact of their registration can completely block any other actions to dispose of residential premises. In addition, it should be taken into account that the guardian also has special rights to use the residential premises at the place of registration and residence - he is obliged to live with the child.

Features of the use of residential premises in hostels

The rules for the use of residential premises for dormitories are established by the owners within the limits not less than determined housing code RF (Article 94).

It should be remembered that the contract for renting housing in dormitories ends when the citizen completes training, service or labor relations. According to Art. 105 of the Housing Code of the Russian Federation are sufficient grounds for eviction from hostels.

Dormitories can be recognized as residential buildings built specifically for these purposes or houses converted for temporary residence. Required condition recognition of the legal status of dormitories - registration of premises as such in municipal government bodies. Model norms determine that hostels must be equipped with everything necessary to ensure the possibility of living in them:

• pieces of furniture,
• equipment for providing living conditions,
• leisure items.

Certain features of use exist for student dormitories and family-type dormitories. The rules for the use of residential premises in them, the purpose of the residential premises and the limits of its use as hostels must be agreed with the sanitary and epidemiological control authorities and comply with existing sanitary requirements.

Separate consideration requires the question of the possibility of converting apartments owned by citizens on the right of ownership in apartment buildings into hostels. Determining the procedure for using residential premises assumes that this is possible only by decision of the body that owns the apartment building and which manages such a property.

Re-equipment of a residential building (as a rule, an apartment building) into a hostel is possible only by decision of the body that manages the state or municipal housing stock, in whose jurisdiction or territory the hostel is located, where it is also registered. In order for the premises to be recognized as a hostel and fall under such a concept, it is required that the owner obtain a special registration certificate for the right to use the residential premises for such a purpose.

If the use of premises in houses intended for permanent residence, is carried out under a lease agreement, such residential premises cannot be converted into dormitories. There are certain restrictions on the ability of citizens to privatize - article 4 in part 1 of the Law "On Privatization housing stock of the Russian Federation" excludes the right of citizens living in dormitories to such an action. Accordingly, the right to inherit, exchange and divide such premises between members of the same family living in them is excluded, as can be done with premises owned by citizens.

As for the size of the area allocated as a hostel, one person should have at least 6 sq.m. If this is a family-type hostel, then for each family it should be possible to allocate a separate isolated room.

Violation of the limits established by law for exercising the right of ownership to a dwelling entails the application to the owner of various kinds of liability measures provided for by law, for example, administrative in the form of a warning or a fine (, the Code of the Russian Federation on Administrative Offenses), civil law in the form of deprivation of ownership of the dwelling (GK RF).

Article 7.21 of the Administrative Code of the Russian Federation:

Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reorganization and (or) re-planning of residential buildings and (or) residential premises, or their use for other purposes, entails a warning or imposition administrative fine for citizens in the amount of one thousand to one thousand five hundred rubles. Unauthorized redevelopment residential premises in apartment buildings shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles.

Article 7.22 of the Administrative Code of the Russian Federation:

Violation by those responsible for the maintenance of residential buildings and (or) residential premises, the rules for the maintenance and repair of residential buildings and (or) residential premises, or the procedure and rules for recognizing them unsuitable for permanent residence and transferring them to non-residential buildings, as well as reorganization and (or) redevelopment residential buildings and (or) residential premises without the consent of the tenant (owner), if the reorganization and (or) redevelopment significantly change the conditions for the use of a residential building and (or) residential premises, entails the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles; for legal entities - from forty thousand to fifty thousand rubles.

Let us give an example of such a violation: the use by an organization of an apartment for an office. The use of this kind is unlawful, since the apartment is a residential area intended for the residence of citizens (, the Housing Code of the Russian Federation, the Civil Code of the Russian Federation). Accommodation in residential premises of enterprises and organizations is allowed only after its transfer to non-residential premises in the manner prescribed by housing legislation (the Civil Code of the Russian Federation). If an organization nevertheless locates its office in a residential area, a number of adverse consequences may await it:

Attention! When considering such cases, the plaintiff must prove to the court the very fact of using the premises for other purposes, systematic violation of the rights and interests of neighbors, or mismanagement of housing. Evidence can be, for example, testimonies, protocols drawn up by employees of the internal affairs bodies, called in connection with a violation of the rules for the use of residential premises, acts of the local government, etc.

In addition to the above evidence, the court must provide evidence sending a warning to the owner about the need to eliminate violations.

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The Housing Code defines the purpose of using a dwelling - the residence of citizens. The fundamental law of the Russian Federation - the Constitution of the Russian Federation determines that "everyone who is legally located on the territory of the Russian Federation has the right to move freely, choose a place of stay and residence" (Article 27). Article 20 of the Civil Code of the Russian Federation defines the place of residence as the place where a citizen permanently or predominantly resides. Accordingly, the place of residence is the place of temporary residence of citizens.

Based on the specified purpose of the residential premises, housing rights and obligations, the object of which may be a room, an apartment (part of an apartment), a residential building (part of a residential building), may arise from a lease agreement for residential premises, a contract for gratuitous use, a lease agreement (if the residential premises serves as the place of residence of a participant in housing relations) and from any other legal basis. The basis for permanent residence of citizens may be their permanent registration at the location of the dwelling.

Residential premises have a strictly designated purpose. Residential premises are intended exclusively for the residence of citizens, and the exercise of the owner's rights to own, use and dispose of such real estate should be carried out in accordance with the intended purpose of these things. A citizen - the owner of a residential building, a privatized apartment or other residential premises has the right to use them for personal residence and residence of members of his family, as well as to alienate these things and lease them for temporary use to other persons only for similar purposes.

Thus, it is not allowed to use them not for living without first transferring these premises to the category of non-residential, i.e. without changing their intended purpose (which, in turn, requires their respective re-registration with the authorities responsible for accounting for this type of real estate).

The use of residential premises for other purposes, or the systematic violation by the owner of such premises of the rights and interests of neighbors, or the mismanagement of the owner with his housing, may become the basis for the court to decide on the sale of such residential premises at public auction, at the request of the local government, i.e. on the expropriation of property owned by the owner.

The requirement to use residential premises for their intended purpose is contained in both housing and civil legislation.

According to Art. 67 of the Housing Code of the Russian Federation, the tenant of a dwelling under a social tenancy agreement is obliged to use the housing for its intended purpose and within the limits established by the Housing Code of the Russian Federation. Violation of such an obligation entails the termination of the contract and eviction without the provision of other housing (Article 83 of the LC RF).

Article 678 of the Civil Code of the Russian Federation establishes the obligation of the tenant of residential premises under a commercial lease agreement to use it only for living. If the housing is not used for its intended purpose, the landlord has the right to terminate the lease contract in court.

According to Art. 30 of the Housing Code of the Russian Federation, the owner of a dwelling shall exercise the right to own, use and dispose of his dwelling in accordance with its purpose and the limits of its use. The use by the owner of housing for other purposes may entail the sale of housing at public auction (by court order) with the payment to the owner of the proceeds from the sale, minus the costs of enforcement of the court decision.

The tenant of a dwelling may transfer it to a citizen under a sublease agreement, the owner - under a lease agreement. However, the requirements of Art. 17 of the Housing Code of the Russian Federation - the use of housing for the residence of citizens.

If a dwelling is not used for its intended purpose, it provides for the termination of housing contracts and the eviction of citizens in cases of systematic violation of the rights and interests of neighbors, which indicates the need to prevent such violations.

According to Art. 293 of the Civil Code of the Russian Federation, the use by the owner of his housing for other purposes may lead to his forced withdrawal.

The general purpose of residential premises is the residence of citizens in it.

An exception to this rule is established in paragraph 2 of Art. 17 of the Housing Code of the Russian Federation, according to which residential premises can be used for professional or individual entrepreneurial activities.

Entrepreneurial activity of citizens is understood as an independent activity carried out at one's own risk, aimed at the systematic receipt of profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in accordance with the procedure established by law 5 .

Entrepreneurial activity can be carried out by both legal entities and citizens. As the location of a legal entity (its legal address), a residential premises belonging to one of its founders by right of ownership can be used, with the consent of all persons residing in it, but only if this premises will not be used in violation of the rights and interests persons and neighbors living in it, as well as in violation of sanitary and technical rules and regulations, other legislative requirements for residential premises, that is, for example, in such an apartment a workshop for the manufacture of household chemicals or an evening club will not be opened. However, the residential premises indicated as a legal address may well be used, for example, as an office, as sometimes notaries, teachers or lawyers use residential premises.

Thus, the premises can be used for profit by persons registered in the manner prescribed by law for this. In other words, residential premises can be leased, under a lease agreement or on other legal grounds by the owner of such premises for use by persons (tenants or tenants) for their intended purpose - residence or for the purpose of making a profit, but without violating the procedure established by law for the use of residential premises. premises.

The following conditions must be met for this use of the premises. Firstly, for professional or entrepreneurial activities, residential premises can only be used by citizens legally residing in it.

Secondly, the use of residential premises for professional or entrepreneurial activities is allowed, if the rights and legitimate interests of other citizens are not violated.

Thirdly, the use of residential premises for professional or entrepreneurial activities should not create prerequisites for violating the requirements for residential premises, which are established by the Government of the Russian Federation.

In accordance with Art. 17 of the Housing Code of the Russian Federation, residential premises are intended for the residence of citizens.

The limits of the use of residential premises have always caused a lot of both theoretical and practical disputes. With the adoption in 2005 of the Housing Code of the Russian Federation, disputes only intensified.

And this is quite understandable, given that the new Housing Code of the Russian Federation in the conditions market economy fundamentally changed the approach to legal regulation questions about the use of housing.

As you know, a dwelling has such a property as a designated purpose, which ultimately determines the presence of numerous limits for its use. At the same time, the legislator allows the expansion of the limits of the use of residential premises that go beyond the scope of its purpose.

Of course, the dwelling is intended and suitable for permanent residence of citizens. This is its main target characteristic. In this regard, residential premises should be used only for permanent residence of citizens.

However, the legislation does not exclude the possibility of using residential premises for the purposes of temporary residence (for example, under a rental agreement for specialized residential premises, under a commercial rental agreement, under a gratuitous use agreement, or on other legal grounds (Article 30 of the LC RF))1.

The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by the Government of the Russian Federation.

As follows from the Federal Law "Technical Regulations on Fire Safety Requirements" No. 123-FZ, as amended. dated July 10, 2010, electrical installations of buildings and structures must comply with the class of the fire and explosion hazardous zone in which they are installed, as well as the category and group of the combustible mixture.

Cable lines and electrical wiring of fire protection systems, means of ensuring the activity of fire departments, fire detection systems, warning and control of people evacuation in case of fire, emergency lighting on evacuation routes, emergency ventilation and smoke protection, automatic fire extinguishing, internal fire water supply, elevators for transporting departments fire protection in buildings and structures must remain operational in a fire for the time necessary to perform their functions and evacuate people to a safe area.

Horizontal and vertical channels for laying electrical cables and wires in buildings and structures must be protected from the spread of fire. In places where cable channels, ducts, cables and wires pass through building construction with a rated fire resistance limit, cable penetrations with a fire resistance limit not lower than the fire resistance limit of these structures should be provided.

Cables from transformer substations of backup power sources to input distribution devices must be laid in separate fire-resistant channels or have fire protection.

Switchboards must have protection that prevents the spread of combustion outside the shield from the low-current compartment to the power one and vice versa.

Cables laid in the open must be flame retardant.

Emergency lighting fixtures on escape routes with autonomous power sources should be provided with devices to test their performance when simulating a main power outage. The service life of an autonomous power source must provide emergency lighting on evacuation routes during the estimated time of evacuation of people to a safe area.

Electrical equipment without means of fire and explosion protection is not allowed to be used in explosive, explosive and fire hazardous premises of buildings and structures that do not have additional protection measures aimed at eliminating the risk of an ignition source in a combustible environment.

Explosion-proof electrical equipment is allowed to be used in fire and non-flammable rooms, and in explosive rooms - provided that the category and group of the explosive mixture in the room correspond to the type of explosion protection of electrical equipment.

Automatic fire extinguishing and fire alarm installations must be installed in buildings and structures in accordance with the design documentation developed and approved in the prescribed manner.

The method of supplying a fire extinguishing agent to the fire site should not lead to an increase in the fire area due to spillage, splashing or spraying of combustible materials and to the release of combustible and toxic gases.

The project documentation for the installation of automatic fire extinguishing installations must provide for measures to remove the fire extinguishing agent from the room, building and structure after it has been supplied.

Automatic fire extinguishing and fire alarm installations, depending on the algorithm developed during their design, should provide automatic fire detection, supply of control signals to the technical means of warning people about a fire and managing the evacuation of people, control devices for fire extinguishing installations, technical means of controlling the smoke protection system, engineering and technological equipment. Automatic fire extinguishing and fire alarm installations should ensure automatic informing of the personnel on duty about the occurrence of a malfunction in the communication lines between the individual technical means that are part of the installations.

Fire detectors and other means of fire detection should be located in the protected room in such a way as to ensure timely fire detection at any point in this room.

Fire alarm systems must ensure the supply of light and sound signals about the occurrence of a fire to the receiving and control device in the premises of the staff on duty or to special remote warning devices.

Manual fire detectors should be installed on escape routes in places accessible for their inclusion in the event of a fire.

Requirements for the design of automatic fire extinguishing installations and automatic fire alarms are established by this above federal law and (or) fire safety regulations.

Notifying people about a fire, managing the evacuation of people and ensuring their safe evacuation in case of fire in buildings and structures should be carried out by one of the following methods or a combination of the following methods:

1) supply of light, sound and (or) speech signals to all premises with permanent or temporary stay of people;

2) broadcasting specially designed texts on the need for evacuation, evacuation routes, direction of movement and other actions that ensure the safety of people and prevent panic in case of fire;

3) placement and provision of lighting of fire safety signs on evacuation routes during the standard time;

4) inclusion of evacuation (emergency) lighting;

5) remote opening of locks of doors of evacuation exits;

6) providing a connection between the fire post (dispatching room) and the zones for alerting people about a fire;

The internal fire-fighting water supply should provide the standard water flow for extinguishing fires in buildings and structures.

The internal fire water pipeline is equipped with internal fire hydrants in an amount that ensures the achievement of fire extinguishing goals.

According to Art. 23 of the Federal Law of March 30, 1999 No. 52-FZ (as amended on June 25, 2012) "On the sanitary and epidemiological well-being of the population"

residential premises in terms of area, layout, illumination, insolation, microclimate, air exchange, noise levels, vibration, ionizing and non-ionizing radiation must comply with sanitary rules in order to ensure safe and harmless living conditions, regardless of its duration.

I would like to cite a common case from life, described in one of the forums: “Recently I got stuck in an elevator. I press all the buttons - nothing works. I looked around: inside it doesn’t say what number to call the elevator operator. Is this not a violation? And then I had to drum on the doors for a long time and loudly, because the entrance was someone else’s, and I didn’t want to call and ask for help from relatives who are completely on the other side of the city and it’s not known when they can come and rescue me from there.

In this case, the answer is unequivocal - yes, the lack of contact information is a significant violation, since in accordance with the Decree of the Gosgortekhnadzor "On approval of the Rules for the installation and safe operation of elevators", the rules for using the elevator are posted in the cabin and the main landing floor, as well as a plate indicating the phone number for communication with service personnel and emergency services.

Also, in accordance with Art. 10 of the Law of the Russian Federation "On Protection of Consumer Rights" establishes a list of mandatory information that the service provider must provide. The supervisory authority for not providing information about the service provider is Rospotrebnadzor, where you need to send a complaint.

Another example of expanding the limits of the use of residential premises is part 2 of Art. 17 of the Housing Code of the Russian Federation, according to which it is allowed to use residential premises for the implementation of professional activities or individual entrepreneurial activities of citizens legally residing in it, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that residential premises must meet.

At the same time, a number of authors include the activities of doctors in private practice, teachers, writers, scientists, musicians, poets, photographers, artists, auditors, lawyers, tailors, etc. . At the same time, the implementation of such activities has criteria: observance of the rights and interests of neighbors, compliance with the requirements for the level of noise, radiation, etc. .

It should be noted that in addition to professional activities, Part 2 of Art. 17 of the Housing Code of the Russian Federation, as allowed for implementation in a residential area, also includes individual entrepreneurial activity. However, the use of residential premises as an office to accommodate the personnel of a legal entity is still prohibited1. Accommodation in residential premises of enterprises, institutions, organizations is allowed only after the transfer of such premises to non-residential (clause 3 of article 288 of the first part of the Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ (hereinafter referred to as the Civil Code of the Russian Federation)).

Until May 2002, housing and civil legislation did not provide for the use of residential premises for other purposes at all, i.e. not for civilians. The use of housing for other purposes entailed the corresponding consequences. For example, Art. 98 ZhK RSFSR and art. 293 of the Civil Code provided for the eviction of citizens from residential premises for this offense (a clarification should be made here - the norms of the Civil Code of the Russian Federation continue to apply).

In December 2002 Art. 10 of the earlier existing LCD of the RSFSR was supplemented by two parts, which provided for the possibility of placing a lawyer's office in the living room. Article 21 of the Federal Law of May 31, 2002 N 63-FZ "On advocacy and advocacy in the Russian Federation" (as amended on November 21, 2011), the right of a lawyer to individually establish a lawyer's office for advocacy is secured (as one of the forms of advocacy formations along with a bar association, etc. ), as well as the right to use residential premises for these purposes. The specified addition to the RSFSR LC did not contain specific instructions on which living quarters occupied by a lawyer and members of his family could be used as a lawyer's office. Consequently, it became possible to place a lawyer's office not only in a separate apartment, but also in a room communal apartment where the lawyer and members of his family live, which significantly worsens their living conditions, and also creates inconvenience for neighbors.

Now, on the basis of part 2 of Art. 17 of the Housing Code of the Russian Federation, the use of housing not for living has become no exception, but general rule. In essence, the wording about the possibility of using housing for the implementation of "professional and self-employed activities" hardly has any limits. The only exception is the ban on placing industrial production in residential premises (part 3 of article 17 of the LC RF). This prohibition is contained in the law in order to ensure compliance with the requirements that apply to residential premises. According to V.T. Batychko, edition of part 3 of Art. 17 of the LC RF is not entirely successful, which is explained by the following factors.

Industry refers to the branch of production, covering the processing of raw materials, the development of subsoil, the creation of means of production and consumer goods.

As you can see, the objects where industrial production is prohibited are different: in one case, these are residential buildings, and in the other, residential premises. For this reason, the norms of these articles are interpreted differently. So, for example, on the one hand, A.D. Kulikov defines a ban on the location of industrial production in residential buildings in general, i.e. both in residential and non-residential premises that may be located in such a house.

On the other hand, as A.A. Titov, if guided by the wording of Part 3 of Art. 17 of the Housing Code of the Russian Federation (it is not allowed to place industrial production in residential premises), then, taking into account the norms of Art. 16 of the LCD of the Russian Federation, it can be concluded that in apartment building industrial production can also be located in non-residential premises.

But P.V. Makeev believes that industrial production cannot be located not only in residential premises: a residential building, an apartment, a room, but also in non-residential premises in an apartment building, and in premises that are part of the common property in an apartment building, explaining this by the fact that in Art. 35 Urban Planning Code RF dated December 29, 2004. No. 190-FZ in the residential and public and business area in which housing facilities are located: residential and multi-apartment buildings should not be located production facilities(industrial, utility-warehouse and other production facilities).

The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the Rules for the use of residential premises approved by the Government of the Russian Federation dated January 21, 2006 No. 25 (part 4 of article 17 of the RF Code). From Chapter 2 of Article 10 of these Rules it follows:

As a user of residential premises, the tenant is obliged to:

a) use the residential premises for their intended purpose and within the limits established by the Housing Code of the Russian Federation;

b) to exercise the use of residential premises, taking into account the observance of the rights and legitimate interests of citizens living in residential premises, neighbors;

c) ensure the safety of the residential premises, prevent the performance of work in the residential premises or the commission of other actions that lead to its damage;

d) maintain the proper condition of the living quarters, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the living quarters, entrances, elevator cabins, stairwells, in other common areas, ensure the safety of sanitary and other equipment, as well as comply with the requirements of paragraph 6 of these Rules;

e) immediately take possible measures to eliminate the detected malfunctions of the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or to the appropriate management organization;

e) to carry out current repairs of residential premises;

g) timely pay for housing and utilities. The obligation to pay for housing and communal services arises from the moment the contract for social rental of housing is concluded in accordance with the law;

h) inform the landlord within the terms established by the contract of social rental of residential premises about changes in the grounds and conditions affecting the use of residential premises;

i) to allow, at a pre-agreed time, the employees of the landlord or persons authorized by him, representatives of the authorities state control and supervision to inspect the technical and sanitary condition of the dwelling, sanitary and other equipment located in it, as well as to perform the necessary repair work;

j) not to reorganize and (or) re-plan the residential premises in violation of the established procedure;

k) upon termination of the right to use the residential premises, to hand over to the landlord in good condition the residential premises, sanitary and other equipment located in it, pay the cost of repairs not made by the tenant of the residential premises, sanitary and other equipment located in it, or make repairs at their own expense, as well as pay off debts for payment of housing and utilities.

In this regard, it should be noted that the provision of Part 4 of Art. 17 of the Housing Code of the Russian Federation has a declarative character, but in reality the new procedure for the use of housing creates the basis for numerous violations of the rights and interests of not only citizens, but also other persons, such as legal entities (organizations), foreign citizens and stateless persons.