Privatization of an apartment with a minor child: rules

The law deals with many situations and provides substantial benefits to citizens under the age of 18 in the process of privatization of housing.

This is due to the special status of the minor, who is entirely at the disposal of the parents.

What rights the child has: privatization of the apartment with minor children

Age at full age

According to generally accepted rules and according to the law of the Russian Federation, minors are considered as minors.Persons under 18 years of age.

The thing is,at that age, a person becomes legally capableand may exercise rights and duties fully.

Art. 21 of the Russian Civil Code:"The ability of a citizen, through his or her actions, to acquire and exercise civil rights, to establish civil obligations for himself or herself and to perform them (civil capacity) arises fully with the onset of majority, i.e. at the age of eighteen."

Until then, children and adolescents have every right, in many cases even more than adults, but only through their father and mother or guardians.

The age of majority may be reached earlier if he or she has entered into a marriage that has been legal since he or she was 14 years old.

Concerning the process of obtaining ownershipThe law would divide the underage into two groups.

1. Persons under 14 years of age.In the privatization of housing, minors become owners, but they cannot make decisions or sign documents on their own; all decisions are made by parents.
2. Citizens aged 14 to 18.They have the full right to vote in matters relating to the establishment of the square; they can make independent decisions as well as write statements, but all their actions must be carried out only with the consent of the parents or the guardianship authorities.

Both groups have the right to own a house or apartment.Their main difference is the different procedure for registering housing.

The violation of the rights of minors in the privatization of housing will be grounds for the cancellation of the results in the future.

Violation of a child ' s rights if he or she does not receive a share and his or her compulsory participation

The process of transfer of ownership to citizens includes:Mandatory participation of persons under 18 years of ageand which are written in a defined area.

There are now cases where they are the only applicants for square metres, and they are entitled to register real estate at the mother ' s or father ' s place of residence.

If the parents are written in different places or are separated at all, there are several options:

• If the adolescent's father and motherDivorcedand have an agreement to live with him; he shall participate in the registration of only the premises in which he or she lives with his or her mother or father in accordance with the agreement;
• If parentsprescribed in different placesthe children will be involved in the establishment of the dwelling where they are registered;
• If the children wereissuedThey lose the possibility of privatizing the first one and are issued only with the permission of the guardianship authorities.

Until the age of 18, no one has the right to write a waiver of privatization.

Theoretically, this option of granting ownership without such a child ' s participation is only possible if he or she has been discharged from the apartment and is registered in another place; this requires authorization from the guardianship authorities.

Rules for the re-enactment of housing with children

1. The law allows for participation in this procedure only once.
2. Only in certain exceptional cases is it permitted to re-establish ownership of property on a non-reimbursable basis.
3. This possibility is available to persons who have not attained full legal capacity due to age.

It's important!Persons who have participated in the process of granting free ownership of a dwelling under the age of 18 years have the right to privatize the dwelling for the second time.

• The State also grants other benefits to owners who have not reached the age of majority.
• For example, if only persons under the age of 18 are registered as the sole owner, the entire cost of documentation is borne by the local administration.
• If, on the other hand, a small citizen is the only one who is prescribed in the living space because of the death of the mother and father or for other reasons, the ownership of the premises must be transferred to him within three months.

The right to receive the parents ' apartment free of charge and the possibility of re-registration upon reaching the age of majority remains even if the person owns another dwelling.

How Can You Be Owner?

At the end of the procedure, all participants, including children, receive a share in the apartment.

The registration of rights should ensure:

• Parents;
• Guardians or adoptive parents;
• The guardianship authorities;
• The head of the orphanage in the case of a minor who has been left without parental care.

In general, you will need to provide a standard volume of documents.

However, you may need further information.This applies to divorce situations or cases where the adolescent has the opportunity to participate in the registration of several types of real estate.

Would it be possible to prescribe a progeny in the apartment after?

Once you've got a place to live, you can make a prescription for children using the standard procedure.- there's no obstacle to that.

However, there is a great difference in the rights granted when housing with registered children and registering them in the premises at the end of the procedure.

If you write a progeny after you get your property rights, it won't become a co-owner of real estate, and he'll only be able to use it.

On the one hand, the processing of minors is easier, on the other hand, the ownership of minors will have to be handled separately in the future.

As we can see, a minor has the right to participate in the free transfer of housing, as well as the right to participate again in such a procedure in the future. In order to establish an apartment with children up to 18, you must prepare additional documents and be prepared to allow the property to take place a little longer than usual.

Privatization of an apartment with a minor child

According to the legislation in force, everyone has the right to own and dispose of their property, but to own it must first be obtained.

Many manage to acquire their own square metres by privatizing public and municipal housing.

However, what to do in such a situation is for families with minor children, since there are many different nuances in this procedure.

Are young children involved

All the nuances that may arise in the near future must be taken into account in the course of the transfer of the State flat, especially if these characteristics relate to the participation of a minor in the transaction.

Those who have previously engaged in a variety of transactions with real estate are well aware that the involvement of a minor is the most delicate moment.

The legislation in force in the country is very strict at this point.

However, all children under 18 years of age participate in the privatization procedure without any consent.They must be:

1. It's written in a privatized apartment.
2. If the room is being privatized, they should also be registered in the room.
3. Doesn't mean anything about whether they're in the apartment or not.
4. If the family had children between the ages of 14 and 18, their consent to the privatization of the premises would also be required.

Initially, the legislation under which the entire process of privatization of the dwelling had been carried out did not contain such a provision, thus in a gross manner violating all the rights of the minor; only later, in 1994 were separate amendments made which began to protect the interests and rights of the minor.

The privatization procedure, in which children were not included among the new owners of the dwelling, was later declared invalid because it was not in accordance with the legislation in force in the country.

It should be borne in mind, however, that an action to declare such a procedure null and void could only be brought within 10 years of its completion.

Rights of minors

There are certain rights for children involved in privatization.

1. If only children live in a privatized dwelling,Those who have not yet reached the legal age of self-participation in the transaction shall be transferred to them on the basis of the consent of their parents, guardians or adoptive parents, and it should be borne in mind that such a procedure will also require the consent of the guardianship authority.
2. If the parents of the children have diedAccording to an existing application from an existing guardianship authority, the property must also be transferred to the full ownership of the children within three months, and if the minor is currently 14 years old, he or she will have to make such a contract on his or her own, subject to the authorization and assistance of the competent guardianship authority.
3. For a minor there is also a limitation in the generally accepted rule.Children who have become full owners of the premises through privatization are fully entitled to the privatization of real property after they have reached the age of majority.

Of course, the list of documents for the transfer of real property with the direct involvement of a child under the age of 18 is quite different from the usual package.

Thus, the following package will need to be collected in order to transfer the housing to its own property:

1. A contract for the employment of a particular dwelling - this document confirms the legality of people ' s residence in a particular apartment or room.
2. All residents ' passports and birth certificates.
3. Cadastral residence passport, or a technical plan.
4. Reference to persons who are registered in the apartment.
5. A certificate confirming the fact that none of the tenants of the premises had previously exercised their right to privatize immovable property.
6. If a person has refused to transfer the dwelling to his or her own property, a notarized refusal to perform such a transaction is required.
7. Trust is required if one person acts on behalf of all the tenants, and it is worth remembering that parents who act in the interests of their children do not need to be given any power of attorney.

Regulations on privatization with minors

In fact, there is no difference in the manner in which such a procedure is carried out, depending on whether or not children are involved in the transfer of public housing.

Most importantly, participants are required to comply with the requirement of the law that minor children must sign a declaration if they have already reached the legal age of 14.

In any event, he must obtain a certificate of ownership, regardless of his age at the time of privatization.

Some privatization rules:

1. Children cannot be excluded from the procedure.
2. If a minor is registered in the floor room, he or she must participate in the procedure.
3. None of the parents has the right to sign, on behalf of their minor, a refusal to participate in the property transfer procedure.
4. At the same time, the parents themselves may have their own notary refusal to participate in such a transaction; thus, once the procedure has been completed, the minor will be the sole owner of the dwelling.
5. The minor may also participate in the transfer of the dwelling if he or she is not registered but is permanently resident.
6. All documents for young children must be submitted by their parents or legal guardians.

Although the privatization of the dwelling appears to have been sufficiently regulated, the courts now have a large number of claims filed by persons who disagree with the proceedings, many of whom demand that the privatization process be declared null and void by the courts.

It was particularly common for a court to seek a solution to the statute of limitations, which was the main problem, since on the one hand such a transaction was considered null and void if it had been carried out in violation of the law, but the statute of limitations was only 10 years old.

On the other hand, the requirement to protect its violated right may be accepted by the court, whether or not the statute of limitations has expired.

There are often situations in which a minor who has reached the age of 18 applies to a court for the protection of his or her violated rights, but is denied because he or she has completed the 10-year period, but sometimes the court has reached the age of majority.

Examples include:

In 1992, the apartment was occupied by a mother, grandmother, brother and sister of Petrov, and the mother and grandmother were given ownership of the three-room apartment; two years later, the mother died and the grandmother was given custody of the children; however, in 1999, due to the inadequate performance of her duties, she was completely exempted from her duties.

From now on, both children had no guardian.

When Anna ' s older sister was 18 years of age in 2003, she applied to the court to declare the contract of transfer of immovable property null and void, as he violated her rights and those of her minor brother.

In the case, the girl was denied because she had completed a 10-year period, but a decision was made in cassation to render the contract null and void, as there had been a violation of the rights of minors.

Privatization of an apartment with a minor child — participation in the process of children before and after 14 years of age

The privatization process is relatively simple, but it is often complicated by different nuances: one of these nuances is living in a minor's apartment. In the case of housing, minors have a special list of rights, with rights for children under 14 and rights for children 14-18 years of age being different.

Here you will read the material that will help you understand all the privatizations: Can you privatize a dwelling for a minor? How is the privatization procedure carried out with the participation of a minor? What is the problem with the privatization of a child's apartment?

The privatization of the apartment became possible in 1991, but the first law on who could be involved in the privatization of the apartment completely ignored the rights of minors, and the participation of children in the privatization of the apartment was not even mentioned.

Children are now compulsory owners of privatized housing.

Special features of privatization of housing with minor children

The rules for the privatization of housing with minor children depend on the age of the child.A person under the age of 14 has some rights, after the age of 14, others, but there are common issues.

1. Minors are always included in the privatization contractNo matter where they live, if they are prescribed in privatized housing;
2. Elimination of privatization of the apartment by minorsOnly with the authorization of the guardianship and guardianship authorities;
3. To carry out any form of transactions with privatized housingin which minors have been involved in the privatization, the authorization of the guardianship and guardianship authorities will be required;
4. If the privatization process took place with the participation of a minor childWhen he reaches the age of majority, he can reprioritize the dwelling without paying for it.

In privatization involving minors, it is also difficult to carry out sales or other transactions with such an apartment because it requires the consent of the guardianship authorities, which is not easy to obtain.

Privatization of housing with children up to the age of 14

The privatization process involving persons under the age of 14 has its own characteristics: young tenants have the right to participate in privatization, but the child ' s interests will be represented by his or her legal representative (parents, one of them) or guardian.

Children also need to be documented, but the paperwork will be written by adults.

Privatization of an apartment with children under the age of 18

The privatization process with a child aged 14-18 also has special features, so if only persons, between 14 and 18, live in the apartment:

• The transfer of ownership of the dwelling is subject to their application and the consent of the parents, guardians and guardianship authorities is required;
• An agreement on the privatization of housing is issued at the expense of the State.

If privatization is carried out with a dwelling of persons under 18 years of age, they must agree to be included in the privatization process.

A child over 14 years of age may become the sole owner of an apartment. Otherwise, a share is required.

Privatization of housing per child

Is privatization possible for a minor? Yes, but in any case, his parents remain his legal representatives.The child ' s privatization requires the consent of all persons registered in the dwelling.

The main disadvantage of this form of privatization, as we have mentioned above, is the problem of selling, and the apartment reserved for a minor cannot be sold without the permission of the guardianship authorities.

How to write a contract for the sale of an apartment with a minor owner here, it is not easy to obtain a permit for the sale of a dwelling with a minor owner.

The participation of a minor in the privatization process will require:

• A passport for those who are 14 years old;
• Birth certificate for persons under 14 years of age;
• BTI certificate confirming that housing has not been privatized;
• a statement that the dwelling has been transferred to the right to use;
• Social employment contract.

There will also be a need for a declaration of intention to privatize the dwelling, a model application for privatization of the dwelling here, and documents and applications will be filed with the Fed.

Privatization and the rights of minors

At present, the law strictly protects the rights of minors regarding the privatization process:

• If minors are 14-18 years old, their consent is required for privatization;
• If only minors are registered in the apartment, their representatives must, within three months, sign a contract for the transfer of the dwelling to their property.
• If a person took part in the privatization process at a time when he was under 18 years of age, he or she remains entitled to a single, free privatization; when he or she becomes a minor, he or she will be able to participate in the privatization process and will not pay for it;
• Minors registered in housing are automatically included in the privatization process, but it is not important where they live;
• A minor ' s refusal to take part in the establishment of a dwelling is possible only with the permission of the guardianship authorities;
• If the privatization process is carried out, the minor either becomes the sole owner or receives his or her share.

Minors must be involved in privatization.

It can be said that all options have been put in place by legislators, and all the rights of minors regarding the privatization process have been retained; the child becomes a full participant in the privatization process, receives his or her share, retains the right to private property at an already conscious age.

Privatization of an apartment with a minor 2023 - rules, under 18 years of age, participation, rights

The privatization of an apartment with a minor child is a matter of great urgency, but few know the nuances of the process, which govern its legal and transaction rules, and let us explain these important points.

General

The privatization of a dwelling is a voluntary procedure for the acceptance of a dwelling, which is carried out free of charge and with the consent of all residents, including children.

Housing may be originally owned by municipal authorities or held by the State.

This procedure is sometimes difficult because not many people know the rules and the law; children have the right to participate in privatization with adults, including if they are discharged from their parents ' apartment.

Children have the right not to participate when they are in possession of a dwelling, but the guardianship and guardianship authorities must agree to do so because they cannot refuse to do so; the law protects children under similar manipulations.

What does the law say?

In accordance with the Law "On the Privatization of the Housing Fund in the Russian Federation" No. 1541-1 of article 2, residents who use the premises have the right to acquire the premises in joint property or in the case of one person, including children under the age of majority, and all persons who have the right to receive housing must agree to this procedure.

Another aspect is that children who are under the age of 18 on the day of privatization have every chance of further privatization of the apartment (article 11 of Russian Law No. 1541-1).

The child is obliged to participate in the privatization process; in the case of a child living with his or her parents and registered in an apartment, the child is considered as the owner of the home.

In order to resolve the issue of whether children will be involved in privatization or not, the following law needs to be examined: Decision No. 8 of 24 August 1993 of the Plenary of the Supreme Court of the Russian Federation "On certain issues of application by the courts of the Russian Federation law on privatization of housing stock in the Russian Federation".

Also under article 69 of the Code of Criminal Procedure, underage children living together with their employer and who are members of their family have equal rights under a social employment contract and therefore have the opportunity to participate in the transfer of the right of ownership to a place of residence at the same level as the adult owners of the dwelling.

The rules on the provision of housing under public employment are laid down in the Housing Code (art. 49).

Pursuant to articles 28 and 37 of the Civil Code of the Russian Federation, parents, guardians, spouses and other immediate members of the family are prohibited, without the consent of the local administration, from carrying out all kinds of transactions aimed at the removal, reduction or giving of the minor ' s property.

The privatization of the apartment with the minor children should now be examined in more detail.

Privatization of an apartment with a minor child

The privatization of an apartment with a minor child takes place in the place where it is registered.

It happens that the child is prescribed with the father and lives with the mother, in which case the following rules must be observed:

• When the marriage between the spouses is registered but the request is made to different addresses, the child is involved in the privatization of the residence where it is prescribed;
• When the parents are divorced and they have reached an agreement on their child ' s place of residence, they are already involved in the privatization of their place of residence.

If the guardianship authorities agree, the child may be discharged from the apartment, in which case he or she loses his or her right to property at his or her former place of residence.

Did children under the age of 18 participate?

In the Russian Federation, a citizen who has reached the age of majority is considered to be fully competent; until that age, all transactions related to implementation and privatization are carried out with the assistance of guardians or parents.

The privatization process divides minors into two groups:

• Up to the age of 14, guardians perform all procedures independently, children cannot participate themselves;
• From 14 to 18 years of age, the application is made by themselves, but only with the consent of the representatives and guardianship authorities.

By law, a child cannot refuse privatization himself or herself.

Their rights

Underage children have the same rights as adults in the privatization of apartments.
As long as the child is under 14 years of age, he or she is not able to participate in the transaction.

From the age of 14 to the age of 18, children are not fully capable and have the opportunity to participate in the transaction, but only with the consent of the guardians.

There are cases in which children are able to be fully functional when they are under 18 years of age, in other words, emancipated, in which case they can carry out all transactions related to privatization on their own; the right to privatize such a capable child only once.

With guardianship

The guardians are legally equal to the parents of their own wards, and they can make all transactions with the permission of the guardianship and guardianship authorities, especially with respect to children under 14 years of age.

If the guardian has reached the age of 14, but is under the age of 18, he or she shall sign the consent to the privatization written by the guardians themselves and shall be given further written permission from the guardianship authorities.

If prescribed

Minors take part in privatization at the place of permanent registration, in accordance with the law, and if the child is released from the residence by the parents and registered elsewhere, the child does not have the opportunity to take possession of the apartment.

The procedure is carried out with the permission of the district administration, but only when it does not infringe its rights or aggravate its living conditions.

Procedures for processing

The procedure for formalizing privatization is as follows:

1. A written consent must be obtained from all close relatives for the privatization of the dwelling; if any of them wishes to give up their share of the dwelling, they may issue a written refusal in favour of a member of the family, which must be written in writing and certified notarized.
2. Then you have to prepare all the documents that will be useful for privatization; you have to hand over all the papers to the housing administration at the place of registration, and you have to wait for a decision within two months; this time limit is established by law, in the event of non-compliance by the authorities, the applicants have the right to apply to the courts.
3. Set up a contract for the purchase of a dwelling.
4. Once the contract has been drawn up, registration of the privatized dwelling will be required, and within 10 working days the employees of Rosreest must give a certificate of ownership to each co-owner of the dwelling.
5. Once a contract has been registered with the public registry office, the information is entered into a single register, after which it is already possible to use the apartment.

Are there any benefits?

If young children have been involved in privatization, the right to reprioritization is retained by law when they reach the age of 18.

If the child lives alone after the death of the guardians or the parents, or they are deprived of parental rights, the estate must be owned by its representatives within three months with the consent of the guardianship authorities.

Documents

List of documents on privatization of housing with minor children:

• Approval for privatization with the signature of all family members (children from 14 to 18 years of age decide themselves but are signed by parents);
• Social employment contract;
• Copies of documents (passport and birth certificates);
• A technical residence passport, if not in hand, must be requested from the technical inventory office, including a cadastral passport and other technical documents (in 2023 the cadastral passport may not be applied);
• :: Personal account (occupancy statement);
• Notary power of attorney;
• A certificate on the lack of prior privatization of housing;
• A certificate of no debt for housing;
• A copy of the death certificate will be required if the person who died is living in the apartment;
• The payment of a receipt from the Minister's office.

Value

In the case of privatization, the owner pays 2,000 rubles (art. 333.33). Under article 333.35 of the Code of Criminal Procedure, disadvantaged citizens are granted benefits in the process of formalizing privatization.

The overall cost varies between 7 and 10,000 rubles, but if citizens turn to lawyers, the amount is doubled, depending on the region of residence.

Time frame

The timing of privatization depends on the speed with which documents are collected, usually taking up to 15 days to check in the housing department for up to two months.

The trial itself may last up to nine months, in a particular case, different periods of time.

Underwater stones

When buying a dwelling with a minor child, first of all, it is necessary to check whether the owner of the dwelling is the owner of the dwelling and to verify the authenticity of the documents submitted.

The owner of the dwelling needs to clarify the existence of minor children, as the abuse of their rights may have a negative impact on the transaction.

In the implementation of a privatized dwelling with children, parents will have to submit to the guardianship authority proof that the living conditions in the new apartment will be much better; in the area, the dwelling to be purchased must be the same as the previous one or more; otherwise, the transaction may not take place; sometimes the authorities go to a meeting, but if that justifies waiting.

Special features of privatization of the apartment with children

Privatization, as a means of obtaining ownership of an apartment, also applies to:Underage childrenwhich may be included in the transaction with their parents, andSeparated from themNon-participation of such persons in the transfer of the dwelling to citizens ' property, if they are entitled to participate in such a process, may be possible only if they agree to do so.of the guardianship and guardianship authority.

In the event of a minor being discharged from his or her homePrior to the start of the privatization processHis right to participate in such a process remains.equals the share of other participantsThe above process.

Refraining minors from participating in privatizationnot foreseenThe legislation contains a number of provisions that protect the rights of minors in the privatization of housing, the supervision of which is the responsibility of the guardianship and guardianship authorities.

Children ' s participation in privatization

Pursuant to article 2 of the Act of the Russian Federation of 4 July 1991 No. 1541-1 on the privatization of the housing stock in the Russian Federation, citizens who have the right to use housing units located in State or municipal property,have the right to:to acquire them in common property or in the property of a single person, including a minor, if so obtainedconsent of all personswho are entitled to such housing under the law.

Thus, the law in the first place emphasizesOpportunity to participateIn the privatization of minors.

For the transfer of such property to property existsseparate rulesfor children:............................................................................

If the dwelling is owned by persons of agenot more than fourteen yearsthe application of their parents (guardians, adoptive parents) with the prior authorization of the guardianship and guardianship authorities is necessary.from the said authorities.

If their age14 to 18 yearsthe declaration of such persons is necessary, andConsent of parents and guardianship and guardianship authorities.

• It is also worth noting that in the above-mentioned cases, housing is transferred on condition of residence in such accommodations.categories only specifiedPersons.
• If, after the death of the parents (or other loss of parental care), minor children remain in the apartment, the guardianship and guardianship authorities or adoptive parents shall remain in the apartment for the duration of the stay.three monthsare required to issue a contract for the transfer of property in their name.
• In this case, the contract for the transfer of property is issued.at the owner ' s expenseIt's an apartment like this.

Attention should also be paid to the fact that, in accordance with article 11 of the Russian Federation Act of 4 July 1991 No. 1541-1 persons who have not attained the age of 18 years and who have become owners of housing by privatization,Retains the rightto be privatized once, free of charge, after reaching the age of majority.

Can the child not be involved in the privatization of the apartment

To resolve the question of whethernon-participation of the category of persons in question7 of Decision No. 8 of 24 August 1993 of the Plenum of the Supreme Court of the Russian Federation on certain matters concerning the application by the courts of the Act of the Russian Federation on the Privatization of the Housing Fund in the Russian Federation.

According to the Supreme Court ' s explanations, under article 69 of the Russian Housing Code, minors living together with their employer and who are members of their family haveequal rightsarising from the employment contract, which meanshave the right to participateIn the transfer of ownership of the dwelling on an equal basis with the adult users of the dwelling.

In accordance with articles 28 and 37 of the Civil Code of the Russian Federation (GCR)prohibitedwithout the prior authorization of the guardianship and guardianship authorities to carry out transactions involving:Refusal of minorsThus, the category of citizens in question may not participate in such a process only ifAuthorization grantedThe guardianship and guardianship authority.

In turn, such a permit may be granted if the rights of the said personsThere will be no harm.For example, if the child is already registered and living in another apartment.

However, the issue will be resolvedexclusiveThe above-mentioned body.

How to privatize an apartment with a minor child

The transition process of the apartment with the minornot significantly differentfrom the process without its involvement.

The user of the dwelling is provided with a social employment contractdeclaration to the ownerthen a treaty is drawn up, which also includes children.

Once the contract has been signed, it is sent to Rostreest, where the registration of the new owner of such property is carried out.

1. In the case of privatization of housing by a child under 14 years of age, the application is filedits representativesor the guardianship and guardianship authority.
2. An application may be filed between 14 and 18 years of age.for their own sake..

Otherwise, there is no change in the way a municipal dwelling is converted to citizen ownership.

If the child was discharged before privatization

There may be a situation in which childrenthey're getting out of the apartment.and then arrange for the transfer of rights to such accommodation.

In this case, it is necessary to be guided by the fact that, in resolving a disputed situation, the courtHe's gonna defend himself.The interests of the most vulnerable category of citizens.

For example, a minor may be discharged from a residence, but in factto continue to liveThere will be no dispute if the persons in question are registered at another address or have already been involved in the privatization of another home.

Under article 7 of the Russian Federation Act of 4 July 1991, No. 1541-1, a contract for the transfer of property includes minors who use such a dwelling and live with persons to whose property such property is transferred.

Alsoprovision for separate residencechildren of the above-mentioned persons, providedRetention of the rightthe use of a transferable dwelling.

The contract, without the inclusion of a minor entitled to it, isviolation of his rightsSuch a transaction could be challenged by the courts.

In the privatization of the apartment, the minorhas the same rightsBut children are included in the agreement for the privatization of the municipal dwelling, provided that they:: Registered..........................................................................It's in it.

If more than one person is involved in the process, the general rule is that housing is available to them.in equal sharesIn this case, there can be no violation of any of the rights of the child,His share will be the same.like any other adult participant in the transition to private hands.

The Kulikov family, composed of three persons (including a 15-year-old minor), lives in an apartment under a social employment contract.

With the exercise of the right of privatization, the Kulykov family has established ownership of the said housing, and all members of the family have been included in the contract.

Thus, the dwelling has been transferred by Kulikov, each member of the family has an equal share in the said property (i.e. each has one third of the common property).

Can an apartment be privatized for a child?

Article 2 of the Russian Federation ' s Act of 4 July 1991 No. 1541-1 provides for the possibility of transferring the right to an apartment to children.Only designated personsas well asAuthority authorizationguardianship and guardianship.

In this case, if the child is not 14 years of age, the application for such a contract shall be submitted.by their representativeand if he is over 14 years of age, such a declaration may be madefor their own sake.With the consent of the representatives and the above-mentioned bodies.

1. If the said person is an orphan or his or her parents are deprived of parental rights, the person who initiated the transfer of the apartment to their propertymust be a guardianship and guardianship authorityOr a child's representative.
2. The law shall establish a period of time for the conclusion of such a treaty:not later than three months.
3. Thus, the law expressly provides forOne-on-one participationThe number of children involved in the privatization of the living quarters.

How a Child To Refrain from Privatization

LegislationNo waiverIn accordance with articles 28 and 37 of the Criminal Code of the Russian Federation, the commission of a transaction, including the conclusion of a treaty relating to children ' s rightsprohibitedwithout the prior consent of the appropriate guardianship and guardianship authority.

Therefore, the refusal of a child ' s participation in privatization can only be achieved by not including the child in the contractAfter approvalSuch approval may be obtained only if the children, at the time of the transition, have a different dwelling, according to housing conditions, which is better than the one that is privatized; in any event, the competent authority makes such a decision.

Protection of the rights of minors in the privatization of housing

The Russian Federation Act on the Privatization of the Housing Fund in the Russian Federation, the Russian Civil Code and other regulations contain various provisions which in one way or anotherthe protection of rightsJuveniles in the process of transferring property rights.

Established by lawAvoidance of exclusionChildren from the transaction without the approval of the guardianship and guardianship authority are also allowed independently to transfer the right to an apartment to a minor in the event of the death (or disqualification) of the parents of the child.

In doing so, the law establishes a binding obligation on the above-mentioned bodies.3 monthsFor the conclusion of a contract.

The law also provides that if the child has become the owner of the property through privatization, he or she is entitled to participate in the free privatization already.after the age of majority.

However, at the age of majority, like other categories of citizens, it is possible to participate in this process.Just once..

Conclusion

In general, legislation regards children asfull participants in the processprivatization.

They may participate together with their parents, as well as separately from them, in the event of their death or deprivation of parental rights.

In situations involving the transfer of rights to private housing, the guardianship and guardianship authority is responsible for protecting their rights, and the courts are child-centred in resolving disputes.

In addition, the law permits the participation in the privatization of a citizen at the age of majority, even if he or she has already participated in such a process before his or her majority.

It is also worth noting that if a single dwelling is owned by a child,costs of contract formationis assigned to the owner of such property (i.e. to the State through the authorized authority or to the relevant municipal authority).

Participation in privatization in the underage age group

At the age of 13, I was involved with other owners in the privatization of the apartment; now I have reached the age of majority and I live in a living quarters under a social employment contract; do I have the right to privatize the housing in which I live, even though I had previously been involved in such a process before the age of majority? Under article 11 of the Russian Federation Act of 4 July 1991 No. 1541-1 on the privatization of the housing stock in the Russian Federation, you have retained the right to participate in one time in free privatization even though you became the owner of the dwelling with other persons at the age of a minor.