Pavel Vladimirovich, has long spoken of the need to enshrine in law the right neighborhood. A similar article was in the draft amendments to the civil code submitted to the Duma in 2012. Since then – silence. To be honest, the idea is dead?
Pavel Krasheninnikov: No, now self-isolation. But public discussion of the draft prepared on property rights, providing for including the neighborhood law continues.
Let’s see: made almost eight years ago, and actively begin to discuss now?
Pavel Krasheninnikov: work on the development of civil law was continuous all these years. Let me remind you, the bill modernizes the Civil code. The volume of the document is over a thousand pages. For a detailed and deeper discussion after the introduction in the state Duma was split into several parts, otherwise we would have just drowned.
Nine blocks have already been adopted and entered into force. Active work on the tenth block, which will regulate property rights. There including contains provisions on neighboring rights.
so, how to behave like good neighbors?
Pavel Krasheninnikov: the basis of neighbor’s rights the principle of reasonable patience.
Pavel Krasheninnikov: Start with the fact that, under the neighboring rights refers to reasonable restrictions that must undergo the owner of the land in the interests of the neighbors.
according to the draft, the owner must bear the influence coming from neighboring land gases, vapours, odours, smoke, soot, warmth, noise, vibrations and other such effects, if it does not affect the use of his land or having such an impact that does not exceed the established standards. And in the absence of regulations are reasonable based on the nature and location of land or of custom.
in Other words, they do on their land what they want, the neighbors will tolerate?
Pavel Krasheninnikov: Respect must be mutual. When outbound from a nearby site exposure higher than normal or out of the specified range, the neighbors have the right to demand elimination of violations. The General principle: my rights end where the rights of others begin.
What not to do on their own land?
Pavel Krasheninnikov: the Content of neighboring rights a separate article. For example, the owner is obliged to deepen his land in such a way that the soil of the adjacent plot will lose support. Not to construct wells to prevent the flow of water into the well on the neighbouring property. Not to build sewage facilities, pollution ��osennego of the site. It is impossible to carry out on your area planting such a way that it can worsen the condition of a neighbouring property to break the resistance located thereon buildings or structures. And so on.
by the Way, the neighbor’s right is known since Ancient Rome.
barely one and a half thousand years since the collapse of the Roman Empire, finally, this institution appeared and we…
Pavel Krasheninnikov: Sometimes it’s better late than never. A typical violation of the roommate law: to build an object that interferes with the neighbor to use the site.
Neighbor comes and says: “I Have strawberries growing, and the building casts a shadow.”
Pavel Krasheninnikov: including.
this started a lot of neighborhood wars. But what to do: they will not demolish the house because of the strawberries?
Pavel Krasheninnikov: According to the draft, the owner is forbidden to erect a building or structure in respect of which it is obvious that their existence will result in an unacceptable impact on neighbouring land.
While the neighbors are angry and protest, he silently build a skyscraper, and it will be too late to protest.
Pavel Krasheninnikov: the Draft says that the owner is including obliged to demolish the building or structure, having an unacceptable impact on the neighbouring plot. And the neighbors have the right to require the owner of a neighbouring plot their actions did not change light inflow to their plot, if it is within reasonable limits.
So now there will be rules governing neighbourly relations, and on their basis to develop a judicial practice. Regulated even such details who is entitled to collect the fruits of the tree that fell on the adjacent site.
Pavel Krasheninnikov: By default, the owner of the land on which fell the fruit. However, neighbors may conclude between themselves the agreement and to discuss the issue.
I note that, although neighboring rights and of concern to many people, they represent only a small part of the upcoming project. In General, the new amendment prescribes in detail the rights in REM, introducing new institutions. We make a new step in the normative development of the right of private ownership, and hence protection of property rights. In fact, we now logically conclude a process that began 25 years ago.
Wait, why 25? The reform of civil legislation began in 2012…
Pavel Krasheninnikov: And the civil law – in Civil code of the new time, he appeared a little over 25 years ago: January 1, 1995, entered into force the provisions of part I of the Civil code. A little earlier, began to operate norm related to the legal however, the reason was caused the incident.
Pavel Krasheninnikov: Work on the Civil code came from the late 80’s-early 90-ies of the last century, if anyone’s forgotten, – then our Parliament called the Supreme Council. Laws have been enacted on property, as well as on enterprises and entrepreneurial activities. But they contained contradictory provisions concerning the ownership of legal entities, by the way, which entered into force in one day. To resolve the conflict, and the decision was made to enact rules related to legal persons, before the rest of the first part of the code.
it is Now difficult to imagine, but private property by many at the time perceived as an absolute evil. Was that?
Pavel Krasheninnikov: Still, so many decades, we hammered into their heads that we do not have anything private – everything in common. And because the work was carried out long enough, and it was not easy. On the project worked best jurists. The right of private property appeared in the Law “On property” and then in the Constitution of Russia, but it was necessary to project on the Civil code, to establish regulations.
meanwhile, in the first Duma, was a powerful left-wing faction, the Communists and agrarians were opposed to private property. Had to make some concessions.
Pavel Krasheninnikov: for Example, it delayed the introduction of the right of private ownership of land (Chapter 17). And we’re only in 2001 introduced this Chapter by a special law. By the way, it largely became a turning point in the agrarian sector. Another view of the earth, and this stimulated the growth of production in agriculture. The fact that today we have become exporters of agricultural products, it is including a consequence of the adopted law on private land ownership. Although, when adopting the law, were scandals, the outputs from the hall and stuff, don’t want to remember.
What is so important about GK that you particularly pay attention to his birthday. We do not celebrate the anniversaries of the criminal code, the criminal procedure code and other laws…
Pavel Krasheninnikov: We are able to celebrate any anniversary any law, but still, no wonder the Civil code is often compared to the Constitution. After it is the second largest law of the country. The Constitution is the fundamental law of the state. GK, on the one hand, the economic Constitution. On the other hand, establishes the legal status of a citizen. For example, in GK refers to the capacity, the ability of citizens to have rights, duties and responsibility.
by the Way, was interesting: in Soviet times, was the Civil code or live without him?
Pavel Krasheninnikov: during the Soviet time was, though at first (before 1922), it was considered that this bourgeois stuff. Then he changed his mind, and in the first edition of the NEP GK of 1922 was even an article on private property. For any economy, without this document is impossible, but we had a lot of restrictions. In particular, any restrictions on the property. In the Civil code of 1964 stated that you can’t have two apartments, you can’t have more than 60 square meters in his house. And resolutions of the Council of Ministers determined the number of cattle, how many acres can be in the villages, gardening companies, etc. Now, of course, no limit on the amount of property is not and can not be. Other times.
Pavel Krasheninnikov: of Course, there are things withdrawn from civil turnover, for example, the atomic bomb, the circulation of which is limited to drugs, for example.
Wait, but in Soviet times there was no private property?
Pavel Krasheninnikov: of Course, state ownership prevailed. But there were also personal property for consumption purposes. The wording “private property”, of course, the law was not mentioned, and in the literature – only for the criticism of bourgeois right. However, the people it belonged to, something they could dispose of. However, Stalin all forms of ownership called socialist property, and this in some measure helped to combine regulation and ideology.
not Yet it’s a new time…
Pavel Krasheninnikov: Yeah, and then it was time to return to private property in the legal field. In the first part of the civil code, which entered into force in 1995, has a detailed section on the right of ownership and other proprietary rights. For example, in the Chapter “the ownership Right to the dwelling”. 25 years is a serious term.
For human life, Yes. But for the state of this moment.
Pavel Krasheninnikov: In the normal state of the state Yes, but when the state is constantly in transition, this is a very serious time. Moreover, during this period the other was the life around us, not only technology has changed, thinking has changed. So the Civil code requires adjustment. It’s time to modernize and section of title, to enter other proprietary rights. For example, possession of.
This law operates alongside the right of ownership. If a person owns a piece of property before you figure out the title, it is necessary to be able to protect possession. The main task, which is designed to address inclusion in GK rules about possession, is to provide every owner a special possessory protection. This protection of possession may be undertaken by the owner themselves (self-defence), way�� appeal to the competent public authorities and in court.
so you can come, take the thing and say, I own it, period?
Pavel Krasheninnikov: is Not so simple. I can cite the example enterprise, not always it manages the titular owner. We have operational management and economic management, when the owner gives legal person authority for own-use. And it is often necessary to protect the right of ownership. But it is, I stress, does not occur on the personal arbitrariness, for it should be grounds. So, a person given a requirement on the protection of possession, can prove his right to this thing.
What other innovations are there in the project?
Pavel Krasheninnikov: are Governed by the easements.
Explain to readers: there are similarities with the neighbor’s rights. There is another site, which neighbors have the right to do something, say, to take water or to pass on it.
When to expect the adoption of the new civil code?
Pavel Krasheninnikov: working group of the whole of last year actively worked on the document, going every week, now remotely. Prepared option that bring to the public discussion, we will gather to work on. I hope that in this year’s draft will be held a public discussion, and we will prepare for the second reading.
once said that it is planned to introduce the concept of a single property consisting of houses and land under it.
Pavel Krasheninnikov: In this project it is proposed to consolidate the notion of a single object. In Soviet times, all land was in state ownership. The right of private ownership of the house appeared before the right of private ownership of land. In the end, historically, land as the object alone, and that she is on top, separately. It turns out two of the real object.
Now we are talking about the need to come to the unity of the object: the earth and that it will be one object, with one cadastral number.
How to deal with taxes in this case? If the building and the land under it will be one object, who and how to charge taxes?
Pavel Krasheninnikov: to avoid the obvious problems in the areas of GOV’tarctonoe registration and taxation of the buildings and structures forming part of land, in the transitional provisions of the draft law provides the rule according to which such objects the previous procedure for cadastral registration and taxation. This will indicate that they are parts of land. So the mass re-registration or allocation of tax rates will not.