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Legal structure of apartments: experience of doctrinal understanding and analysis of legislative decisions

The paper is devoted to theoretical and practical problems of determining the legal status of apartments according to the current Russian legislation. The relevance of the study is bound to the introduction of the draft legislation on the regulation of relations, construction and use of apartments in multiuse buildings at the end of April 2021 by the State Duma of the Russian Federation. The paper provides a comprehensive analysis of the views in the legal literature regarding the legal structure of apartments. A comparative legal analysis of apartments and residential premises was carried out taking into account the characteristics and types of the latter. It was concluded that apartments are classified as nonresidential premises. The proposed legislative regulation of relations arising in the process of erection and subsequent operation of multiuse buildings and premises located in such buildings used for the accommodation of citizens is analyzed. Conclusions were drawn on the imperfection of the existing legal regulation and the disadvantages of the proposed draft legislation.