ISSUES OF DETERMINING THE COMPOSITION OF PARTICIPANTS OF JOINT HOUSE OWNERSHIP IN THE REPUBLIC OF BELARUS AND PARTICIPANTS OF A CONDOMINIUM IN THE REPUBLIC OF KAZAKHSTAN

Abstract

This scientific article presents a comparative legal study of the concepts of "participants of joint household ownership" in the Republic of Belarus and "participants of a condominium" in the Republic of Kazakhstan, determines their relationship with persons who are obliged to pay for housing and communal and other services in the considered legal relationship. The methodological basis of this work is a combination of general scientific and special legal methods of cognition.

The scientific approaches presented in the article testify to the importance of an unambiguous definition in the legislation of the subjects of legal relations that develop in multi-apartment residential buildings.

In addition to the owners of premises, apartments or other premises (including non-residential) in multi-apartment buildings may belong to legal entities owning property on limited rights in rem. In the Republic of Belarus, as well as in the Republic of Kazakhstan, the limited property rights of legal entities are the right of economic management and the right of operational management. At the same time, Belarusian legislation does not classify such entities as participants in joint home ownership, which occurs in multi-apartment residential buildings, which creates problems in the distribution of costs in managing the common property of joint household ownership, which are often assigned to the owners of premises (residential or non-residential).

The judicial practice of the Republic of Belarus, analyzed in the article, testifies to examples of different application of the legislation on joint household ownership. On the basis of the study presented in this article, the author comes to the conclusion that it is necessary to improve the legislation of the Republic of Belarus, which regulates legal relations on joint home ownership, in terms of clarifying the entities that are obliged to pay the costs of maintaining the common property of joint home ownership.