About the possibility of challenging the privatization of an apartment

general information

Many citizens think that in order to become a full-fledged owner of an apartment, all they need to do is acquire ownership of it.
In part, such thoughts are correct, because ownership is of decisive importance in matters of who actually owns the property.

However, we should not forget about another important action, which is called privatization.

The concept itself came to us from the Soviet Union. Then all state real estate was urgently transferred to private property , which, of course, presupposed a certain procedure.

But you should not think that today all real estate is privately owned, and there is no need for the procedure.

Many citizens continue to live in housing under a social tenancy agreement , but in fact, the real estate is purely state property. In some cases, it is still possible to privatize such an apartment if a number of factors are met.

But sometimes a successfully completed procedure raises questions among some citizens, calling into question its legality . Therefore, sometimes there is a need to challenge this procedure or make changes to the procedure. We will talk about these issues in this article.

Read about the procedure for deprivatizing an apartment in our article. A sample claim to the court for recognition of the right to privatize residential premises is available.

General information

The process of transferring housing from state or municipal property to private ownership takes place taking into account a number of special rules provided for by current legislative sources. Legal regulation of this issue is carried out by:

• The Civil Code, establishing in Art. 217 the right of a citizen to receive property from a regional or federal fund;
• Housing Code, which regulates the basic principles of housing legal relations;
• Law of the Russian Federation No. 1541-1 of July 4, 1991, which defines the procedure for appropriating the state housing stock by individuals and legal entities;
• Federal Law No. 178 of December 21, 2001, which establishes the principles of distribution of municipal and federal property.

Privatization occurs at the request of the interested entity. The acquisition of property is voluntary. Each person has the right to refuse to be granted owner status, because such a title provides not only opportunities, but also obligations. For example, the debt to maintain housing in proper condition and pay taxes. Housing space is allocated to residents who occupy premises under a social tenancy agreement or have moved in on the basis of a warrant. The interests of minor users must be protected.

Important! Current legislation allows a citizen to privatize real estate free of charge only once. In this regard, challenging an illegal privatization act makes it possible in the future not to lose the privilege of receiving your own apartment free of charge.

Peculiarities of timing during privatization

The most common grounds for challenging the privatization of an apartment are presented below.

The plaintiff may be a participant in the transaction (new owner and administration) or a third party:

• guardianship authority if the rights of minors are violated;
• a person who did not participate in the privatization of housing, although he should have;
• a citizen who signed a refusal under the influence of threats, violence or delusion.

For everyone, there are different starting points for the return of the apartment to the state (municipality).

Representatives can act on behalf of participants on the basis of a notarized power of attorney.

Attention! The wording “knew or should have known” is quite vague. Refuseniks need to remember that the court most often calculates the claim period from the moment the procedure is completed, even if the person was a minor at the time of signing the waiver.

When is the statute of limitations important?

Privatization of an apartment must be carried out in strict accordance with the law. If violations are committed, the person whose rights were violated has the right to file an application with the court demanding that the transaction be declared illegal. Let's consider the main types of violations within which this procedure can be challenged or declared void.

Is it possible to cancel the privatization of an apartment if I have written a refusal?

This is a process in which many citizens take part. But sometimes situations arise when owners need to cancel an already concluded agreement.

If you are faced with such a question and you are aimed at terminating the transaction, then you can do this quite simply by refusing, because the truth and the Civil Code of the Russian Federation are on your side, where Article 9, paragraph 2 is stated. Thanks to it, you will always be able to defend your rights .

One of the options for refusal without participation in the trial is the unanimity of all owners, certified in writing. If there is no unanimity, then reversal is the advantage of the court. It is always possible to cancel a dysfunctional pact, but only if such a procedure was carried out illegally for some reason.

There are cases when they want to privatize an apartment for just one owner (owner). In such a situation, you need to obtain permission to deviate from your share from all citizens living at the registration address. Quite often, it is precisely this point that is ignored by citizens, which leads to further forgery of consent, or it is obtained in a completely dishonest way, contrary to all the canons of Russian legislation.

If such facts are proven, then they can easily become the basis for cassation of the act of living in a given dwelling. Sometimes it is possible to carry out incomplete deprivatization of housing. This is done when parts of the object were distributed inaccurately among the participants. Then the cancellation of the pact or its challenge will be carried out through the court with the following process of re-negotiation, but according to all the rules.

A transaction can be considered illegal if the will of the citizens is incorrect after an error, since it entails different legal consequences for him than he expected. A person can challenge it if he has written a refusal. But it is important to take into account the fact that only an error that is considered significant in the situation of this citizen matters.

The State Duma is currently reviewing a bill that would cancel the previously introduced deadlines for the completion of gratuitous registration of private property. According to the creators of this project, many citizens currently live in dilapidated housing and therefore cannot currently privatize their housing. If they are placed after the first of March next year, they will have to pay for the procedure.

We invite you to read: How to convert official housing into social rent

If you are going to deprivatize your property, then you need to remember that you can use the right to free exchange of housing only once. Therefore, if you change your mind and want to re-register a privatized house, then you need to pay for it, otherwise you will have to get a deviation from the state.

In what cases is it used?

Privatization is the process of re-registration of state or municipal real estate into private ownership. The procedure is standard and clearly regulated, but in practice, during its implementation, unforeseen situations often arise. If the re-registration of ownership was carried out with violations, privatization is considered void. Such a transaction can only be challenged through court.

Privatization may be considered illegal if:

1. One of the residents did not receive the share due to him by law. If a citizen at the time of re-registration was registered in a municipal apartment, but when drawing up the agreement on the transfer of housing, his name did not appear anywhere, and no official written, notarized refusal was received, then this is a clear violation of the privatization regulations.
2. The citizen took part in privatization again. According to Article 11 of the Federal Law “On Privatization”, this procedure can be carried out free of charge only once in a lifetime. You can re-obtain ownership of municipal housing by paying the full cadastral value for it. Sometimes employers deliberately hide the fact that they previously took part in privatization as adults, which is strictly prohibited, just like providing fake documents to registrars. Legislators have provided for criminal prosecution for this.
3. The interests of the minor were not taken into account. According to the law, even if the child is not registered in the apartment together with one of the parents participating in the privatization, he is entitled to a mandatory share in the housing. Sometimes they forget about this or deliberately do not indicate children in the contract at all.
4. Citizens were forced into privatization through violence or blackmail. As a rule, such cases occur when re-registration of emergency or dilapidated living space.
5. At least one of the participants was declared incompetent at the time of re-registration.

If one or more of the above grounds have been established, persons whose legal rights and interests have been violated can safely begin to challenge privatization in court.

Cancel privatization

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Please tell me, can my grandmother cancel the privatization of a 1/4 share registered in my name? Privatization took place in 2000. 1.1. Privatization can be challenged in court if someone's rights were violated during privatization.

2. I want to cancel my refusal to participate in privatization through the court. Who is the defendant? 2.1. The defendants are the persons who violated your rights.

These may be parties to an agreement on the free transfer of housing ownership.

3. If the court declares privatization invalid and cancels the documents, the person who privatized the housing in the future has a chance

Statute of limitations

The norms of civil law establish strict deadlines within which it is necessary to prepare evidence and file a statement of claim. Depending on the category of cases, the limitation period will be different:

• 3 years are allotted to recognize a privatization transaction as void;
• You can challenge a transaction within 1 year from the date of its completion.

Transactions that were initially void are considered void, that is, residents did not have the legal right to participate in them. For example, a person has already privatized municipal housing, or the house is in disrepair and cannot be re-registered.

Voidable transactions are transactions that were concluded correctly, but in violation of the interests of other persons, for example, during privatization, a child was not allocated the share required by law.

If violations are discovered during the re-registration of housing, citizens whose legal rights and interests were not taken into account have the right to file a claim in court to declare the privatization illegal.

The limitation period begins not from the date of completion of the re-registration, but from the day when the violation became known. If no appeals have been received to the court within three years and there are no valid reasons for missing deadlines, it will no longer be possible to challenge the transaction in the future.

Voidable transaction

Challenging a transaction is the recognition of part of the clauses of the contract as invalid with the subsequent conclusion of an additional agreement. In the case of registration of ownership of municipal housing, this is extremely rare. The period for such a challenge is 1 year.

Example: Privatization is completed, all residents received their shares, but one of them received a slightly smaller share. This person has the right to file a lawsuit within a year and challenge the clause in the contract that states shares, so that everyone receives equal parts, as stated in Law No. 1541-1.

A worthless deal

This option is much more common and involves recognizing the transaction as void. As a consequence, privatization is completely reduced to the previous value. Simply put, all residents lose their property rights, and housing again becomes municipal or state-owned. After this, you can carry out the procedure again, the main thing is to avoid making mistakes again. The statute of limitations in this situation is 3 years.

Example: During privatization, the rights of one tenant, who at that time was serving in the army, were ignored. At the end of the term, he returns and learns about the changes that have occurred. Now such a person can file a lawsuit and declare the transaction void.

Termination of privatization through court

Is it possible to cancel the privatization of an apartment through the court? Yes, this is possible and is not as difficult as it might seem at first glance. It is imperative to submit a claim to declare this transaction illegal. In the declaration you need to indicate on the basis of what facts you are calculating the transaction as having expired outside the law, and add the relevant documents. It is important to comply with the statute of limitations for filing an application.

For greater confidence in your abilities and a positive court decision, you can resort to the help of a legal entity. He can easily defend your interests, based on legal norms that you didn’t even know existed. When the court compensates your claims and wishes, a mark is placed on the liquidation of the property rights to housing from the registering authorities.

Is it possible to restore the missed deadline?

Restoring missed deadlines, just like challenging privatization transactions, is carried out in court. In this case, the interested party must submit a statement of claim or petition according to the established form.

Restoring missed statutes of limitations refers to a special category of cases in which there is no actual dispute between the parties. The process is regulated by Article 112 of the Code of Civil Procedure of the Russian Federation.

It is quite possible to restore the deadlines, but only if there are really compelling reasons. The main reasons for absence, which the court can recognize as valid, are contained in Article 205 of the Civil Code of the Russian Federation.

In practice, deadlines are most often missed due to:

1. Long-term illness. The claim must be accompanied by: an extract from the medical record, expert opinions, prescriptions for medications and receipts indicating their purchase. The more evidence, the better.
2. Business trip. The fact is proven by presenting an order to move for work to another region or country, financial documents, checks, a certificate of temporary registration at the place of stay, a foreign passport, and so on.
3. Staying in places of deprivation of liberty. A copy of the court verdict, certificates from the colonies, and written testimony of witnesses should be attached to the claim.
4. Conscript or contract service in the armed forces . As proof, you will need a copy of the order of the Ministry of Internal Affairs, a certificate from the military commissariat.

This is not a complete list of reasons for missing deadlines that can be considered valid. Each specific case is considered by the court on an individual basis, provided that all the applicant’s arguments are supported by documents.

Reasons for reinstating the deadline

Let us give examples of the main valid reasons under which a person can restore the missed statute of limitations.

The court is usually ready to consider other valid reasons for reinstating the statute of limitations, but it must be remembered that such reasons must be supported by documents.

Application for reinstatement of the limitation period

To restore the statute of limitations, you need to prepare and send the following statement to the court:

Is it possible to challenge the privatization of an apartment?

Almost any official action can be challenged within the framework of current legislation. This also applies to privatization. It is possible to challenge both the fact of privatization itself, which, if successful, will lead to the return of the apartment to the ownership of the municipality, and the distribution of shares, which is why changes are made to the privatization agreement and, as a result, to the Rosreestr data. In the latter case, in fact, new certificates of ownership are issued with a different ratio of shares in ownership of the property.

In which cases

Privatization can be challenged on the basis of any violation clearly specified in the legislation. In particular, in law No. 1541-1. Several examples of grounds under which the procedure could be declared invalid (the transaction is considered void):

• A deceased or missing person participated in the privatization procedure. Despite the need for signatures from all parties, this becomes possible by issuing a power of attorney to a representative who deals with all issues. This can even be an absolutely legal power of attorney, executed before the person’s disappearance/death. However, such persons cannot participate in privatization. On the other hand, if a missing person suddenly turns up, he is quite capable of challenging the procedure.
• During privatization, the specialist was provided with incorrect, forged or expired documents. In fact, a specialist is obliged to check them, but this is not always possible, especially since it is not possible to identify a number of fakes “by eye”.
• During privatization, one or more tenants were not specified in the contract. However, they did not abandon the procedure. Often this option is only possible if the specialist is inattentive, since if at least one tenant renounces his share of the property, this must be confirmed by notarized documents.
• The situation may be the opposite of that stated above: the contract specifies a person who is not one of the residents of the apartment. For example, this could be a person who cohabits with one of the users of the premises, but formally does not have any rights to be here.
• Also, privatization can be challenged if it turns out that one (or several) residents who participate in the procedure have previously been involved in privatization and have already spent their right.

Privatization is available only once in a lifetime. This rule does not apply only to minors. They can participate in the procedure twice: once before reaching adulthood and once after it.

• Privatization can also be challenged in cases where the contract does not include a minor registered in the given property.
• Forcing one of the residents to refuse privatization may also lead to a challenge to the procedure. This also includes deception or misrepresentation.

Most of the situations described above are in one way or another connected with forgery of documents, since often all the necessary information is indicated in the papers provided to the specialist. And due to his duty, he simply cannot ignore the data in these documents.

Privatization conditions

Before challenging the privatization of an apartment, you must carefully study the rules that relate to this process. The conditions that must be observed when carrying out this procedure are prescribed in legislative acts.

Privatization of an apartment can be carried out by citizens only if they strictly adhere to the following conditions:

• housing must belong to them with the right of use, which is provided on the basis of a concluded rental agreement of a social nature;
• people must have registration in the privatized residential area;
• It is also imperative that these persons have not previously taken advantage of their right to transfer state property into private property.

In the event that at least one of the listed circumstances is not taken into account, the person will not be able to privatize the apartment.
Transfer of property from municipal to personal cannot occur:

1. In the case when we are talking about housing that has an official purpose. In order to be able to privatize it, you will need to transfer it to the category of real estate, which is provided in accordance with the concluded social rental agreement.
2. Also, residential premises that are unfit for habitation cannot be privatized. This may happen due to the fact that it is recognized as dilapidated, accordingly, in the future it will need to be demolished. Therefore, all persons living there will be evicted, and a new social tenancy agreement will be concluded with them. Only after this will it be possible to carry out the procedure in question.
3. In addition, it is impossible to privatize an apartment that is located in a building whose construction has not yet been completed. This is due to the fact that such a house does not formally belong to the category of real estate. The opportunity appears after construction is completed, when a social tenancy agreement is concluded.

When is it considered illegal?

In what cases is it possible to invalidate a process? Not every privatization procedure is considered illegal .

The legislator has established only a number of factors that, one way or another, may influence the consequences of the procedure to be rejected . So, let's look at some of them:

1. If it was carried out on behalf of a minor citizen, then it is likely that such an action could be challenged in court, but for what reason? The fact is that a minor, due to his age, cannot fully understand the full responsibility of the decision, and his representatives can make a transaction, guided not by the interests of the child, but by their own benefit. If this fact is proven in court, the procedure will be considered invalid.
2. If a citizen was declared incompetent, and this procedure was also carried out on his behalf, there is every reason to try to recognize the process as illegal, since the person cannot fully understand the full responsibility of the actions he carries out.
3. If there is a limited capacity, then such a procedure is also called into question. The last reason, which somewhat stands out from the general series, is due to the fact that the person, agreeing to the transaction, could not and for certain reasons was not at all aware of all the consequences of the action being taken.

The reasons do not end there; there are many of them, depending on the specific situation. Within the framework of this article, you and I have examined the main ones cited in judicial practice.

Another case when privatization may turn out to be illegal is due to the fact that the procedure itself was directly violated .

This is manifested in the fact that the papers were drawn up in an invalid manner, incompetent persons were involved, as well as other dangers.

Another case of illegal appropriation of housing is the implementation of actions that simply do not have the right to carry out privatization .

One of the most significant violations is the signing of all available papers by a person who is incompetent in this matter.

Find out from our articles about the rights and obligations of the owner and those prescribed in a privatized apartment, what the owner of privatized meters will have to repair at his own expense, as well as how to refuse to participate in the procedure.

Conditions for declaring illegal

Privatization is considered illegal and is subject to cancellation on the following grounds:

1. The transaction did not involve a person registered in the apartment at the time the contract was concluded and who had not previously taken part in privatization. If there was no voluntary refusal to participate in the process, the citizen can be included in a new agreement and receive a share in the apartment.
2. Some of the persons listed in the agreement had previously participated in privatization, and this fact was hidden by them when signing the document.
3. Forged documents were used in privatization.
4. Infringement of the rights of a minor citizen by not including him among the persons participating in the process.
5. When establishing the fact that a person is in an inadequate state, misleading him, signing an agreement under pressure or under the influence of threats.
6. Incapacity of any person involved in privatization.
7. Exceeding the powers of a person holding a power of attorney.
8. Lack of authority on the part of the owner of the institution that concluded the contract.

begin the process of challenging privatization by filing a lawsuit in court if at least one of the listed conditions is present. The regulations for carrying out this procedure are contained in Article 209 of the Civil Code of the Russian Federation, as well as Article 9.1 of the Law “On the privatization of housing stock...”.

Challenging through court

An appeal against privatization can take place through the courts. This applies to transactions that are presented in a way that does not appear to violate the law. The grounds for concluding a transaction in this case do not raise any doubts, but in this case the rights of the person are infringed. In such situations, the transaction is contested by the victim when:

• a protest is possible in the case where the contract was concluded by a person who exceeded his powers vested in him according to the power of attorney;
• a transaction concluded by a person under eighteen years of age can be terminated without the consent of legal representatives;
• if at the time of concluding the contract the person was under the influence of drugs or alcohol, this will void the transaction;
• also the basis will be that at the time of signing the agreement the person was in a state due to which he could not give an account of his actions, in particular, this is possible when there is a serious illness or nervous shock; in addition, the fact that if the person was misled regarding the legal consequences that would appear after the conclusion of the transaction;
• a deal that was concluded under the use of violence or threats is cancelled.

Important! In the situations described, the statute of limitations for challenging a transaction is three years. This period begins to count after the above circumstances have been identified. You need to be prepared for the fact that you will have to prove not only that these reasons took place, but also that they were reflected in the actions of the person who made the statement.

Most often, such cases are difficult to prove, especially when a lot of time has passed since the violation. Careful work will need to be done to gather the necessary evidence. In this regard, they often resort to the help of a professional lawyer, since without his help it is difficult to understand all the nuances.

Challenging algorithm

Is it possible to cancel the privatization of an apartment?
Privatization is a transaction between two parties. Therefore, challenging it is a requirement to cancel the transaction, that is, a ban on the illegal acquisition of property by any person.

If a citizen believes that the contract has grounds for its cancellation, he must declare this, attaching relevant evidence .

How to challenge the privatization of an apartment? First of all, you need to decide on the subject of the claim filed in court. Having decided on this issue, you should file a claim at the defendant’s place of residence.

The statement of claim must contain the following points:

1. “Caption” containing the name of the judicial authority and information about the applicant.
2. Title – indicates the subject of the claim.
3. Statement of the essence of the claim with a description of the circumstances of the case. In this part, it is necessary to indicate the grounds for challenging the transaction with references to the violated norms of the law.
4. A list of the consequences of the illegal transaction of illegal privatization of the apartment.
5. Request for recognition of the privatization agreement as invalid. This paragraph should begin with the words “please,” located in the center of the sheet.

Your demands should be supported by the rules of the law that were violated during the transaction.

1. List of supporting evidence for the application.
2. Applicant's signature, date.

The date on the application must match the one that appears on the list of incoming documents in court.

Changing the terms of the concluded agreement

How to change the conditions for privatization of an apartment? There are cases when complete invalidation of a privatization agreement is not required. There is only a need to change some of its points. In this case, the contract is recognized as partially invalid and requires re-conclusion with amendments made to it.

The reasons for declaring a contract partially invalid and making amendments to it may be the following:

1. Exclusion from the list of owners of any person who wishes to privatize another premises in the future.
2. Inclusion in the list of owners of a person who previously signed a waiver of privatization.
3. Making corrections to incorrectly completed entries.
4. Entering information about the distribution of shares, if until this moment the apartment was registered as joint ownership.

Is it possible to change the privatization of an apartment? In such cases, it is permissible to resolve the issue at the administration level, without involving the judiciary .

Exceptions are those cases when the organizations that own the premises are liquidated and it is not possible to renew the contract with them. In this case, the contract can be partially changed only through the court .

Resolving the issue of partial changes in the terms of the contract in a pre-trial manner is possible only upon obtaining the consent of all parties to the transaction. If one of both parties objects to the changes, they will have to act through the courts.

To partially change the terms of the contract, all parties to the transaction must submit an application to the authorities that executed the contract. Previously prepared document. It is canceled and a new deal is concluded with amendments . The parties again go through the procedure of signing the agreement, then the previously issued Certificates are “cancelled” in Rosreestr and new title documents are drawn up.

How to invalidate the privatization of an apartment

To recognize privatization as illegal, you must act strictly within the framework of current legislation. Any attempts to circumvent the law are guaranteed to fail.

Procedure

1. Collect evidence of the applicant's innocence. Since in some cases this is quite difficult to do, it is recommended to use the services of an experienced lawyer.
2. Prepare a statement of claim.
3. Pay the state fee.
4. Submit an application to the court.
5. Wait for the meeting date.
6. Attend the meeting. If this is not possible for some reason, you can send a representative in your place. It is not recommended to ignore the meeting altogether, as otherwise a decision may be made not in favor of the applicant.
7. Get a court decision.
8. Wait until it takes effect.
9. Act as stated in the decision. If the other party ignores this document, you can contact the bailiffs. They will help you solve the problem forcibly.

Procedure and process

The first step is to collect evidence that the applicant is right. These can be any documents that in one way or another indicate that illegal privatization should be recognized as void. The simplest example: having a registration at the location of a privatized apartment with a date before privatization will be excellent evidence that the person also had the right to a share in the real estate.

When the evidence has been collected, all that remains is to write a statement (see sample below), pay the state fee and send the claim to court. This can be done in person or by mail, but the first option is preferable, since you can take a second copy with a mark indicating that the application has been accepted. This provides a serious guarantee against the claim being lost.

During the meeting, you need to adhere to your point of view and only if the other party is ready to fulfill your demands, enter into a settlement agreement. Otherwise, it’s easier to wait for the court’s decision and get everything you’re owed.

Is it possible to appeal a refusal to privatize an apartment?

Such an agreement may be recognized as inauthentic if the citizen’s formulated will was erroneously formed after an error and because of this the procedure entails other legal consequences for him. What matters is an error that is recognized as significant for the situation of a given citizen. It can only be challenged in the courtroom.

For example, a citizen thought that a privatized house in common ownership with other family members would not infringe on his rights of use, but relationships with other family members had worsened, and a forced exchange of a privatized apartment was unattainable.

Consequences of declaring a transaction void

As a result of challenging a transaction or declaring it void:

• The remaining participants lose the received property, but restore their right to privatization.
• Officials who approved a procedure that violated the rights of one or more residents are subject to administrative liability.
• Compensation for violation of rights is awarded (if required).
• Housing ceases to be private property and again passes to the balance of the municipality.

Legal consequences

Immediately after the statute of limitations is restored, the court begins to consider the case - challenging, adjusting or completely canceling the privatization of the apartment.

Legal consequences may be as follows:

1. The violator will refuse privatization voluntarily.
2. Administrative responsibility for officials (employees of the administration, Department, Rosreestr, BTI).
3. Restoration of unaccounted for rights (for example, inclusion of a child in an agreement on the transfer of a municipal apartment).
4. Assignment of compensation for violation of the rights of the plaintiff or his representative.
5. Cancellation of apartment privatization and return of housing to the balance sheet of the municipality (More details about this in the article “How to deprivatize an apartment, housing”).

Thus, if privatization was violated, it can be challenged and even cancelled. If the plaintiff establishes the fact of a violation, prepares convincing evidence, exercises the right to file a statement of claim and does not miss the statute of limitations, everything will be in order.

Legal consequences of challenging

Recognition of a privatization agreement as invalid gives rise to legal consequences.

It does not matter whether the transaction is declared void or invalid - the consequences are the same:

1. The apartment is returned to the owner, i.e. transferred from private property back to municipal property.
2. Residents who have lost their rights can enter into a new social rental agreement with the right to subsequent free privatization (one time).
3. Those discharged during the privatization period regain their registration in the same apartment.
4. The privatization agreement can be preserved, subject to new changes (for example, determining the share of a minor).

Arbitrage practice

Example of a successful challenge : The applicant is an elderly man who claims that he was deceived into writing a refusal to participate in privatization, thereby depriving him of a share in the apartment. He provides photos and video materials that at the stage of discussing the possibility of privatizing the apartment, the remaining residents began to prove to him that the apartment was in a dilapidated building and could be destroyed at any moment. As a justification, an obviously forged document was offered, indicating the fact of an “accident”.

The elderly man prudently photographed this document, but agreed that it was better for him not to participate in privatization, since after that he would be able to get other social housing. He wrote a refusal and had it notarized. Already after registration of ownership, when the new owners ultimatively demanded that he move out, it turned out that the house was not in disrepair and, according to the applicant, the other residents directly indicated that they just wanted to finally get rid of it.

The elderly person was asked to go to a private nursing home, which they agreed to pay for. The man, fearing another deception, refused this offer. He demands his share of the property. The court ruled in his favor. Now the defendants face punishment under Articles 159 and 327 of the Criminal Code of the Russian Federation for deception/fraud using forged documents.

Example of an unsuccessful challenge : The applicant is a former tenant of an apartment that was privatized. He demands to challenge the fact of privatization and give him the due share on the basis that, being a tenant, he was not included in the privatization agreement. The defendant provides documents according to which the plaintiff has not lived in the apartment for more than a year and has not paid utilities.

Also attached to the documents is a previously received court decision to evict the plaintiff. By the way, a copy of this decision was sent to him and there was no response. From the defendant’s point of view, privatization was carried out strictly according to the law, since at the time of filing the application the plaintiff was no longer a resident. The court, on the basis of the above documents, denies the applicant’s claim due to his complete lack of rights to privatize this premises.