Cottages, foundations and lawyers: what comes into effect in March
01 mar 2022
News for lawyers
The examination for the status of a lawyer will be conducted using an automated system that will provide anonymous verification of the results. The requirements for it will be set by the FPA council. Now the qualification commission checks the test results and decides whether to admit the applicant to an oral interview. Automatic verification will ensure a centralized and uniform approach.
In addition, by March 1, all chambers are required to switch to automatic appointment of lawyers, which should "exclude the influence of interested parties on the distribution of powers." Initially, the system was supposed to work on March 1, 2021, but the deadline was postponed because they did not have time. The FPA Council has established a "transition period" until March 1 of this year. During this time, all chambers should switch to auto-distribution, and the FPA council will agree on the relevant regional rules.
In April 2021, the FPA told Advocate Street the details of preparing a unified system for all Russian chambers. CIS will be integrated with other systems of interdepartmental electronic interaction (SMEV) and interdepartmental electronic document management (MEDO). This is necessary for the transition to electronic document management with state information resources: the systems of the Ministry of Justice, the Federal Penitentiary Service, GAS "Justice", the Federal Tax Service and others, explained in the FPA. They assured that the system would be convenient not only for lawyers and chambers, but also for interrogators, investigators and judges.
Federal Law No. 400-FZ of 02.12.2019.
Cottage settlements reflected in the law
a low-rise residential complex — a set of individual residential buildings and other objects that are defined in the project declaration as common property and are built according to the approved documentation on the layout of the territory. This definition establishes a new law. Now the law "On Shared Construction" applies to such complexes.
It is indicated what information the developer of a low-rise complex should disclose, and what other mandatory conditions should be included in the shared-equity construction contract. This is, in particular, a list of objects that will be part of the common property (roads, etc.), and the deadline for completing their construction.
Perhaps these innovations will help resolve some of the legal problems with cottage settlements, which are appearing more and more. Developers transfer only houses to residents, and leave public facilities (roads, communications) on their balance sheet.
As a result, there is a field for abuse: some management companies demand a fee for entry into the territory of cars of residents and emergency services, others inflate the price for servicing common property, which can exceed 150,000 rubles per month. At the same time, the Constitutional Court of the Russian Federation prohibited the application by analogy of the rule about apartment buildings about the fact that apartment owners have the right to common property (Article 36 of the Housing Code of the Russian Federation).
Cottages, foundations and lawyers: what comes into effect in March
News for lawyers
The examination for the status of a lawyer will be conducted using an automated system that will provide anonymous verification of the results. The requirements for it will be set by the FPA council. Now the qualification commission checks the test results and decides whether to admit the applicant to an oral interview. Automatic verification will ensure a centralized and uniform approach.
In addition, by March 1, all chambers are required to switch to automatic appointment of lawyers, which should "exclude the influence of interested parties on the distribution of powers." Initially, the system was supposed to work on March 1, 2021, but the deadline was postponed because they did not have time. The FPA Council has established a "transition period" until March 1 of this year. During this time, all chambers should switch to auto-distribution, and the FPA council will agree on the relevant regional rules.
In April 2021, the FPA told Advocate Street the details of preparing a unified system for all Russian chambers. CIS will be integrated with other systems of interdepartmental electronic interaction (SMEV) and interdepartmental electronic document management (MEDO). This is necessary for the transition to electronic document management with state information resources: the systems of the Ministry of Justice, the Federal Penitentiary Service, GAS "Justice", the Federal Tax Service and others, explained in the FPA. They assured that the system would be convenient not only for lawyers and chambers, but also for interrogators, investigators and judges.
Federal Law No. 400-FZ of 02.12.2019.
Cottage settlements reflected in the law
a low-rise residential complex — a set of individual residential buildings and other objects that are defined in the project declaration as common property and are built according to the approved documentation on the layout of the territory. This definition establishes a new law. Now the law "On Shared Construction" applies to such complexes.
It is indicated what information the developer of a low-rise complex should disclose, and what other mandatory conditions should be included in the shared-equity construction contract. This is, in particular, a list of objects that will be part of the common property (roads, etc.), and the deadline for completing their construction.
Perhaps these innovations will help resolve some of the legal problems with cottage settlements, which are appearing more and more. Developers transfer only houses to residents, and leave public facilities (roads, communications) on their balance sheet.
As a result, there is a field for abuse: some management companies demand a fee for entry into the territory of cars of residents and emergency services, others inflate the price for servicing common property, which can exceed 150,000 rubles per month. At the same time, the Constitutional Court of the Russian Federation prohibited the application by analogy of the rule about apartment buildings about the fact that apartment owners have the right to common property (Article 36 of the Housing Code of the Russian Federation).
Federal Law No. 476-FZ of 30.12.2021.
Link: https://pravo.ru/story/239413/