IMPOROPER USE OF PREMISES IN RUSSIAN CIVIL LAW

Author(s): Suslova S.I.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2025-2-22-28

Release: 2025-2 (46)

Pages: 22-28

Keywords: premises, non-residential premises, residential premises, misuse, ownership, property, use of buildings

Annotation: The article examines the issues of legislative regulation and trends in law enforcement practice in the field of improper use of premises in light of changes in the provisions of civil legislation in this area. The article ana- lyzes a few examples of judicial practice in this category of cases. It evaluates the arguments on the possibility of applying Art. 287.7 of the Civil Code of the Russian Federation not only to premises, but also to buildings. Attention is drawn to the extensive intervention of public law in the issue of the targeted use of real estate by participants in private law relations. Based on the results of the study, the author concludes that the issue of the purpose of using non-residential premises is not clearly regulated by law and may cause ambiguous interpretation in law enforcement practice. The consoli- dation of the type of permitted use of capital construction objects in urban planning legislation took place even before the analyzed tough sanction appeared, which could lead to the termination of ownership of a valuable real estate object. In the light of the significant tightening of sanctions for the misuse of premises, science and judicial practice have yet to formulate approaches to the border of discretion of participants in private law relations when using objects belonging to them. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Suslova S.I. IMPOROPER USE OF PREMISES IN RUSSIAN CIVIL LAW // Journal of Legal Sciences. – 2025. – № 2 (46). – С. 22-28. doi: 10.21777/2587-9472-2025-2-22-28