Адвокат Голубев - жилищное право
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Golubev Alexey Mikhaylovich
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        Адвокат по жилищным вопросам, юрист по жилищным вопросам.

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The lawyer on housing law
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THE CARRIED CASE
 
Administrative

This branch of law is today one of the most conservative as it is regulated preferential by regulations of the Housing code of RSFSR, the approved 24.06.1983 more, that is at the time of existence of the USSR. From there are many questions which permission at first sight by the current legislation, apparently, just impossible as often for this purpose it is necessary to study rather large number of volume documents in search of one necessary, however, and here numerous court and law-enforcement practice can come to the rescue. As a rule, the person, having faced serious housing problems, cannot independently understand them therefore he is not always capable to estimate correctly the situation and to choose the right decision wandering along judicial corridors, and in some situations permission of case in this or that advantage directly depends on it. That is why the timely appeal to the help of the lawyer during trial of the specific housing dispute can promote more bystry and correct permission of business on the being. Otherwise, penny-wise and pound-foolish.

Now in the State Duma of Russia the question of adoption of the new housing legislation consisting of the whole package very important and enough volume documents is actively discussed. It should be noted that the solution of many housing problems according to the new legislation, radically to change. So, for example, under the new code providing premises under the agreement of social hiring is possible only for the needy citizen needing improvement of living conditions, at the same time in general first-priority provision of housing is excluded. The agreement will become the basis for installation in premises from now on, and the order will be abolished. In the new housing legislation the order of use of premises is very accurately defined by the former members of the family of the owner. So, in case of the termination of the family relations with the owner of premises the right to use of these premises for the former members of his family does not remain. Cancellation of privatization, that is free acquisition of housing in property becomes one of the main short stories of the housing legislation. But it is only the small part of the changes connected with housing laws and duties of citizens in our country.

Nevertheless, permission of many of the specified questions in more simplified type is supposed only in the future, however, for any person the decision of the specific housing dispute can become to ask rather serious problem for the qualified legal aid already now therefore for it the opportunity will be the most true in time. And it is necessary to consider that unsoluble situations practically do not happen.

In 2003 M asked me for the help to write out the former spouse of N who was only registered at its place of residence from its apartment, but never there lived. Having carefully prepared for consideration of the case, having brought together all necessary evidentiary base, we managed to achieve in court of the solution of the question for benefit of M. According to the judgment for N the right to use of premises of M was not recognized and it was struck off the registration register at this place of residence.

In 2001 A and D, married, after receiving new two-room apartment privatized it in equal shares. Then owing to the developed circumstances they were forced to dissolve the marriage. After annulment of marriage at the beginning of 2004 D sold the share in the specified apartment to the stranger with whom And it was necessary to live together. Having asked me for the help And reported that the new resident boorishly behaves in relation to it, constantly offends, does not allow to use the total living space not to mention that simply is the person, absolutely foreign for it. Having studied the facts of the case, I came to the conclusion that at And there are quite good chances for recovery of the status - quo for the purpose of barrier from possible actions of the new resident owner, illegal in relation to it. We to one of district courts of the city of Moscow submitted the action for declaration about recognition of the sales agreement of the share to D stranger invalid as the right And to preferential purchase of this share was violated. After long trial the court passed the relevant decision, having nullified the signed agreement. Now And purchased at D share of the last for the amount on which it was sold to the stranger, having become the complete and only hostess of all apartment, having with guarantee protected itself from any interventions in her private life of the strangers applying for the property right in its apartment.

In addition to the specified cases, in my practice there is a number of examples of the solution of housing questions of the resulting various quarrels between relatives. B, Zh and Z lived three together in two to the room apartment under the agreement of social hiring. And Z being absolutely adult parasitized, did not work and the B who all life lived in one of two isolated rooms of the apartment were engaged in pumping out of money, and sometimes and simple theft at the sister. However, the agreement of social hiring was signed with which was considered as the employer, and B and Z only members of the family of the employer though all the time of B conducted the economy independently and did not need any means or the help from two other sisters. The behavior of sisters drove her to despair, and she decided to ask me for the help in permission of current situation. All this occurred in the middle of 2002. We from her name submitted the petition about change of the employment contract (the section of the personal account in the apartment). After the long judicial proceedings connected with unwillingness of Zh and Z to agree to it at the end of 2003 by a court decision local authorities undertook to sign the separate agreement of social hiring for the specified room with B. What finally was also made. Then B with my help privatized the specified room and since May, 2004 lives in separate one-room apartment which purchased in property after sale of the privatized premises.

The specified cases are only the little bit of how it is possible to resolve the arisen problems in this area.

Thus, it should be noted once again that there are no unsoluble situations, in time to everyone to define the main thing what he wants to achieve at the decision of the specific housing dispute and to ask for the help the lawyer.

Services of the experienced lawyer in housing law:

$/rub
Legal advice bureau on housing law, the subway of 1905, Krasnaya Presnya St., 29 10 000 rub.
Legal advice bureau with departure to you 20 000 rub.
Drawing up written legal documents from 5000 rub.
Participation in negotiation process with the opponent of the client from 10000 rub.
Assistance to the client assembled, to the podgtovka and execution of required documentation 10000 rub.
Maintaining the civil case in court from 20000 rub.
Conducting arbitration case in court from 30000 rub.
Conducting criminal case on pretrial investigation (inquiry) from 30000 rub.
Conducting criminal case in court from 30000 rub.


Remember that the quicker you address, the quicker receive real legal aid.


You call, do not hesitate, in any day, including days off and holidays by phone +7(926)5232945 from 10:00 till 24:00. Alexey Mikhaylovich Golubev.

e-mail: agol@agol.ru

Always your lawyer Golubev Alexey Mikhaylovich.
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