Features of Legal Protection of Citizens Participating in the Shared Construction of Commercial Real Estate
( Pp. 111-116)
More about authors
Ivanov Alexey A.
the applicant
Moscow State University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot
Moscow, Russian Federation
Moscow State University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot
Moscow, Russian Federation
Abstract:
The purpose of the study. The article classifies the legal means of protecting citizens participating in shared-equity construction. The impossibility of using public means of protection of citizens of the Russian Federation participating in shared-equity construction in commercial shared-equity construction is substantiated. This is due to the entrepreneurial nature of shared-equity commercial construction, which requires registration of citizens-shareholders as payers of professional income tax or individual entrepreneurs. Conclusions. The presented features of the legal protection of participants in shared-equity commercial construction are due to the lack of special means of protection of organizations-shareholders and the classification of such protection into general, sectoral and special means of protection. Common remedies for both citizens and organizations in the field of shared-equity construction differ in uniform norms. Industry-specific means of protecting citizens participating in shared-equity commercial construction include the protection of business entities (self-employed persons or individual entrepreneurs). Special means of public protection can be applied only to citizens participating in the non-commercial segment of shared-equity construction.
How to Cite:
Ivanov A.A., (2021), FEATURES OF LEGAL PROTECTION OF CITIZENS PARTICIPATING IN THE SHARED CONSTRUCTION OF COMMERCIAL REAL ESTATE. Economic Problems and Legal Practice, 6 => 111-116.
Reference list:
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Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 54 dated 11.07.2011 «On Some Issues of Dispute Resolution arising from Contracts regarding Real Estate that will be created or acquired in the future» // Bulletin of the Supreme Arbitration Court of the Russian Federation. No. 9. 2011.
Letter of the Department of Tax and Customs Policy of the Ministry of Finance of the Russian Federation dated October 9, 2018 No. 03-04-05/72559. [Electronic resource], URL: https://base .garant.ru/72073174 / (date of appeal 01.11.2021).
Bannikov R.Yu. Negotiations as a pre-trial dispute settlement procedure provided for by the contract // Arbitration Court. 2020. No. 1/2. pp. 418-430.
Zagidullin M.R. About the content of the concept of «civil process» // Journal of Russian Law. 2020. No. 5. pp. 120 - 130.
Popova Yu.A. Judicial mediation as a reserve for reducing the judicial burden: problems of theory and practice // Judge. 2018. No. 8. p. 10-12.
In Russia, the number of DDU by the end of 2020 decreased by 2.5%. [Electronic resource], URL: https://volgograd.cian.ru/stati-v-rossii-kolichestvo-ddu-po-itogam-2020-goda-snizilos-na-25-314901 / (accessed 24.11.2021).
Rosreestr: in the first half of 2021, the number of registered DDU increased by 51%. [Electronic resource], URL: https://rosreestr.gov.ru/press/archive/rosreestr-za-i-polugodie-2021-goda-kolichestvo-zaregistrirovannykh-ddu-vyroslo-na-51 / (accessed 24.11.2021).
Civil Code of the Russian Federation (part one) of 30.11.1994 No. 51-FZ (ed. of 28.06.2021) // SZ RF. 1994. No. 32. St. 3301.
The Tax Code of the Russian Federation (part one) of 31.07.1998 No. 146-FZ (ed. of 23.11.2020) // SZ RF. No. 31. 1998. Article 3824.
Civil Procedure Code of the Russian Federation of 14.11.2002 No. 138-FZ (ed. of 01.07.2021) // SZ RF. 2002. No. 46. Article 4532.
Federal Law No. 214-FZ of 30.12.2004 (as amended on 02.07.2021) «On participation in the shared construction of Apartment buildings and Other Real estate objects and on Amendments to Certain Legislative Acts of the Russian Federation» // SZ RF. 2005. No. 1 (Part 1). Article 40.
Federal Law No. 218-FZ of 29.07.2017 (as amended on 01.07.2021) «On a Public law company for the protection of the rights of Citizens participating in shared-equity Construction in the Event of Insolvency (Bankruptcy) of Developers and on Amendments to Certain Legislative Acts of the Russian Federation» // SZ RF. 2017. No. 31 (Part I). Article 4767.
Federal Law No. 422-FZ of 27.11.2018 (as amended on 02.07.2021) «On conducting an experiment to establish a special tax regime «Tax on professional income» // SZ RF. 2018. No. 49 (Part I). Article 7494.
Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6, Plenum of the Supreme Court of the Russian Federation No. 8 dated 01.07.1996 (ed. dated 25.12.2018) «On some issues related to the application of Part One of the Civil Code of the Russian Federation» // Bulletin of the Supreme Court of the Russian Federation. № 9. 1996. № 5, 1997.
Resolution of the Plenum of the Supreme Court of the Russian Federation of 24.10.2006 No. 18 (ed. of 25.06.2019) «On some issues arising in courts when applying a special part of the Code of Administrative Offences of the Russian Federation» // Rossiyskaya Gazeta. № 250. June 2006.
Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 54 dated 11.07.2011 «On Some Issues of Dispute Resolution arising from Contracts regarding Real Estate that will be created or acquired in the future» // Bulletin of the Supreme Arbitration Court of the Russian Federation. No. 9. 2011.
Letter of the Department of Tax and Customs Policy of the Ministry of Finance of the Russian Federation dated October 9, 2018 No. 03-04-05/72559. [Electronic resource], URL: https://base .garant.ru/72073174 / (date of appeal 01.11.2021).
Bannikov R.Yu. Negotiations as a pre-trial dispute settlement procedure provided for by the contract // Arbitration Court. 2020. No. 1/2. pp. 418-430.
Zagidullin M.R. About the content of the concept of «civil process» // Journal of Russian Law. 2020. No. 5. pp. 120 - 130.
Popova Yu.A. Judicial mediation as a reserve for reducing the judicial burden: problems of theory and practice // Judge. 2018. No. 8. p. 10-12.
In Russia, the number of DDU by the end of 2020 decreased by 2.5%. [Electronic resource], URL: https://volgograd.cian.ru/stati-v-rossii-kolichestvo-ddu-po-itogam-2020-goda-snizilos-na-25-314901 / (accessed 24.11.2021).
Rosreestr: in the first half of 2021, the number of registered DDU increased by 51%. [Electronic resource], URL: https://rosreestr.gov.ru/press/archive/rosreestr-za-i-polugodie-2021-goda-kolichestvo-zaregistrirovannykh-ddu-vyroslo-na-51 / (accessed 24.11.2021).
Keywords:
shared-equity commercial construction, civil protection, participants in shared-equity construction, citizens, self-employed persons, individual entrepreneurs.
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