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Kulikov Alexander Vitalievich
- Work experience since 2004.
- St. Petersburg University of the Ministry of Internal Affairs of Russia
- Defended the interests of the Internal Affairs Directorate for the Murmansk region
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Kulikov Alexander Vitalievich
- Work experience since 2004.
- St. Petersburg University of the Ministry of Internal Affairs of Russia
- Defended the interests of the Internal Affairs Directorate for the Murmansk region
From February 2013 to June 2014
Work as a lawyer at Moscow Legal Support Center LLC. Protecting the interests of clients in courts of general jurisdiction and arbitration courts of the city of Moscow and the Moscow region in civil cases, including: recovery of damages, disputes with insurance companies as a result of an accident, violation of labor rights (reinstatement at work, appealing disciplinary sanctions, collection of wages , compensation for moral damage), violation of consumer rights, violation of land ownership rights, violation of housing rights, eviction, deregistration at the place of residence, family disputes (divorce, determination of the order of communication with a child, collection of alimony, deprivation of parental rights, division of jointly acquired property, etc.), disputes about inheritance, appealing decisions of government bodies, courts of general jurisdiction, arbitration courts.
From June 2012 to February 2013
Work as director of the Murmansk municipal budgetary institution “Unified Duty Dispatch Service”. He took part in court hearings in the Arbitration Court of the Murmansk Region, defended the interests of a budgetary institution. As a result, 700 thousand were recovered from the plaintiff. rub. debt. A statement of claim in the amount of more than 1 million rubles was prepared and filed.
From February to June 2012
Work as a legal adviser at the Murmansk municipal budgetary institution “Unified Duty Dispatch Service”. Preparation of documents related to municipal assignments to budgetary institutions and the provision of municipal services. 4 resolutions of the Murmansk city administration were prepared.
From May 2011 to February 2012
Work as an assistant lawyer at the Murmansk Central Bar Association. Preparation of documents on administrative and civil cases. In total, more than 100 documents were prepared that helped the lawyer defend his position and protect the interests of his clients.
From 2007 to 2011
Work as a chief specialist-expert of the administrative department of the Territorial body of the Federal State Statistics Service for the Murmansk region (Murmanskstat) with the duties of a legal adviser. Job responsibilities included:
— conducting a legal examination of civil agreements and government contracts concluded by Murmanskstat with legal entities in various areas of the organization’s activities (economic, communication services, water supply and sanitation, repairs of premises, various examinations, electricity and energy supply, etc.);
— consulting employees on various legal issues;
— conducting cases of administrative offenses against officials who violate the established procedure for submitting statistical information necessary for conducting state statistical observations to Murmanskstat;
— informing Murmanskstat employees about changes in legislation regulating the activities of statistical bodies;
— representation and protection of the interests of Murmanskstat in the courts, government bodies, local governments, and other organizations.
From 1991 to 2007
Service in the internal affairs bodies of the Murmansk region in various positions of junior, middle and senior command staff. In the period from 2004 to 2007, he served as a legal consultant, was engaged in litigation work, defended the interests of the Internal Affairs Directorate for the Murmansk Region in courts of general jurisdiction, including in the appellate, cassation and supervisory instances, as well as in the Arbitration Court of the Murmansk Region. Participated in civil cases regarding claims for reinstatement in service, appeals against disciplinary sanctions, collection of salary, pensions, and other payments, appeals against decisions of the Internal Affairs Directorate to refuse to issue temporary residence permits, and other cases. During his work as a legal adviser to the service, he took part in more than 650 court hearings, prepared more than 300 appeals and cassation complaints, more than 100 supervisory complaints, including more than 10 to the Supreme Court of Russia.
From 1988 to 1991:
Work at the Palace of Culture named after. CM. Kirov, Murmansk, as an accompanist of the dance group “Spolokhi”.
From 1986 to 1988:
Work as an electric forklift driver at military warehouse No. 287, Murmansk-57.
From 1985 to 1986:
Work at the Moryakov House of Culture in Murmansk as an accompanist for the dance group “Radost”.
From 1984 to 1985:
Work as a button accordion teacher at the Murmansk evening music school.
From 1983 to 1985:
Studying 3-5 years at the Murmansk Music College.
From 1981 to 1983:
Service in the Soviet army.
From 1978 to 1981:
Studying 1-3 courses at the Murmansk Music College.
Determining the procedure for using residential premises must be done with the help of a housing lawyer. This specialist will explain all the legal aspects of this legal procedure, advise on all the nuances, based on the actual circumstances in your particular case, and offer various options for action.
As judicial practice shows, understanding the intricacies of housing problems is not at all easy for people not experienced in jurisprudence. By contacting our company, you can receive the most qualified assistance from experienced specialists.
The list of services provided includes:
- analysis of the dispute;
- providing assistance in collecting the necessary documents;
- assistance in preparing and filing a claim;
- participation in court hearings;
- assistance in appealing court decisions, etc.
When is the procedure for using the premises determined?
It is possible to divide the premises if it is a house. There is a possibility of rebuilding it, making a separate entrance, adding utility rooms, etc. for each of the owners. This cannot be done for an apartment due to the lack of technical capabilities, and no organization will issue permission for such a conversion. If it is impossible to divide the property, if the procedure for using the residential premises is not established by agreement of the parties, any owner has the right to file a claim to determine the procedure for using this property.
If, during the division of a private house, the right to common shared property is terminated, then when determining the procedure for using the residential premises, the owners will remain participants in the common shared property.
The rules defining the procedure for using residential premises also apply to tenants of residential premises, although in a somewhat limited form. Disputes arising regarding the use of residential premises are resolved in court. In the case of using residential premises in accordance with a social tenancy agreement, the determination of the procedure does not deprive the tenant of the right to part of the residential premises.
In relation to tenants, when deciding on the procedure for using residential premises, the judicial authority must decide on the procedure for using the rooms, the location of the intended location of furniture, sleeping places, etc. If necessary, if there are circumstances worthy of attention, the procedure for using residential premises is adopted with their obligatory consideration. For tenants of residential premises who do not have shared ownership rights, demands to be provided with a certain room for their personal use cannot be satisfied. Only property owners have this right.
When considering such cases, the court first of all takes into account the already established, on a voluntary basis, procedure for using living space.
In a statement of claim, any owner has the right to claim for himself either an isolated room or a non-isolated one. Passage rooms, by court decision, can remain for the common use of all owners. The size of the rooms may not correspond to the ideal shares due, as this will not violate the rights to own the common living space, since the right to shared ownership does not terminate.
If one of the owners considers his rights to be infringed, he may demand that the other member of the shared ownership, who received the premises exceeding his ideal share, collect payment for the use of the part of the premises that exceeds the share. This payment means the assumption of obligatory expenses and payments for the maintenance of this property. He has no right to demand another type of compensation for the cost of square meters, since the division of the living space in kind was not carried out and the size of the ownership shares does not change or is alienated.
Who can offer to share the premises?
The contract is signed with the owner of the property. If necessary, the transaction is concluded through a proxy, if there are appropriate documents confirming the existence of authority to transfer the right to use the property.
If the property is owned by several people, all of them must be present when the contract or agreement is signed.
If we are talking about a lease, the tenant can transfer the right to use the premises to third parties if this provision is contained in the relevant agreement signed with the landlord. We are talking about sublease.
Establishing the procedure for use
The establishment of the procedure for using residential premises is carried out according to one of the options presented by the expert, after receiving his conclusion about the impossibility of dividing the house in kind. The court can determine the procedure for using residential premises, at the request of one of the parties, if the possibility of dividing the house is associated with a significant financial investment for refurbishment of the house or subject to the construction of additional premises, and the parties refuse to take on such responsibility for refurbishment.
A significant drawback in the procedure for determining the order of use of an apartment is the case of a change in one of the owners. That is, when one of the owners sells his share, the established procedure for using the residential premises immediately loses its force. There are frequent cases of selling a share of an apartment with an established procedure for use certified by a notary. But it will not have legal significance for the new owner, since it is not an obligation for persons who did not participate in it as parties.
A new application to the court with a statement of claim is required, and even a reference to an old court decision will not speed up the time for consideration of the case, which can last at least six months. Therefore, selling a share in an apartment does not mean selling a room in a communal apartment, and is considered a sale of distressed real estate.
Forensic examination
Depending on the location and characteristics of the non-residential premises, the court may appoint an expert examination, which will offer its own options for the procedure for use, how this will happen and to whom which part of the premises will be used. If you are already using some part of the non-residential premises and, for example, you have an office of an insurance company there, then this will be a plus for you; for confirmation, you provide photographs and a lease agreement. Afterwards, the court will make a decision in accordance with your option, unless others are presented, or according to the expert’s opinion.
When it is impossible to establish the order of use
If the apartment has communal status, there are no obstacles to determining the order of use. All rooms in it are assigned to the respective owners, with locks installed on the doors. And when such a premises is opened by unauthorized persons, a fact arises that qualifies as penetration into someone else’s premises, implying criminal liability.
The situation is completely opposite with shared ownership, even if the share of a separate room in a separate apartment is equal. This will not mean that you will have the right to put a lock on her door. In this case, it is necessary to determine the procedure for using the apartment and the corresponding share in it.
It is impossible to establish such an order, for example, in an apartment with one room, or even with two, but with adjacent rooms, because in such apartments it is not possible to allocate a separate room. In the first case, there is only one, and in the second, one of the rooms will still remain a passageway, it cannot be blocked off and it will not be possible to hang a lock on it. It turns out that all share owners will use all available premises.
If the share in the apartment of any of the owners exceeds the size of the smallest but isolated room, you still have the right to indicate in the claim that the court determines it for your use. The main criterion here is the presence of your desire, even at the expense of the size of the area. The same applies to utility rooms, storage rooms, loggias and balconies. If the loggia is adjacent to two adjacent rooms, you have the right to refuse to use it, although formally this will worsen your living conditions. And if you have access to the loggia from a small room, the problem of infringing on the rights of other owners arises. This is a very important factor for determining the order of use of the apartment. The requirement for adjacent rooms is obviously impossible to fulfill unless there are very compelling reasons for it.
The court, when deciding to determine the procedure for using residential premises, must take into account the already established procedure for using it, even if it does not correspond to the shares in the right of common ownership, the degree of need of each owner and the real possibilities of joint use. If one of the owners has minor children, and provided that the second has other living space, the court may be the first to determine two adjacent rooms, although this will exceed his share, albeit with appropriate compensation.
If you need to dispose of your share of living space and you don’t know how to do it, our company’s experienced lawyers will answer all your questions and adequately defend your interests in court.
Contents of the agreement (contract)
As stated above, the transaction must be formalized in writing. If we are talking about an agreement to transfer an object for joint use by several persons, the parties can contact a notary and have this document certified for a fee.
If we are talking about a lease, such an agreement is subject to mandatory registration when the property is leased for 12 months or more.
The agreement on the joint use of a non-residential property should include:
- personal data of the parties (names and details of individual entrepreneurs or legal entities, passport details of individuals);
- subject of the transaction (location of the premises, its condition at the time of drawing up the document, technical parameters);
- details of title documentation for property;
- duration of the agreement;
- responsibilities, duties and rights of the parties;
- procedure for action in the event of controversial situations;
- conditions for termination or extension of the transaction;
- other important points (for example, the procedure for carrying out repairs, the time of use of the object by each party, the conditions for purchasing the object);
- signatures;
- date of document execution.
If legal entities or individual entrepreneurs are involved in the transaction, the agreement must contain a corporate seal. Some entrepreneurs do not have it, so it is enough for them to indicate their personal data and signature.
The fact of transfer of the right to use property should be recorded in a special act of acceptance and transfer. For example, if two organizations have agreed to manage one premises jointly, having outlined their work schedule, the owner of the facility transfers the keys to it to the other party. At this point, it is possible to draw up an appropriate act.
It is recommended to indicate any defects in the premises in this document, so that at the time of termination of the relationship between the parties, no conflict arises.
This act is drawn up as an annex to the contract (agreement).
You can view a sample document using this link. You can contact a lawyer or notary to have the agreement drawn up by a qualified specialist.
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Features of preparation for trial
A statement of claim to determine the procedure for using the apartment is submitted to all other owners at the same time. At the same time, it is possible that a counterclaim will follow from them.
The conflict between the owners will be considered by the district court at the location of the disputed apartment. As for the state duty, it is charged based on non-property requirements and amounts to 300 rubles.
It should be taken into account that the court has the competence to establish a different procedure for using an apartment in shared ownership compared to the one proposed in the text of the claim. A number of factors will be taken into account.
This includes the size of each owner’s share, participation in the maintenance of housing, the age of the co-owners and their state of health. In general, each situation is individual.
Before filing a claim, you should do some preparatory work. In particular, you need to take an extract from the Unified State Register of Property Rights, as well as a certificate from the Housing Office about persons permanently residing in the disputed apartment, including members of the plaintiff’s family.
The court's decision
As a rule, several hearings take place in a dispute, during which the judge finds out all the important details. When the claim is satisfied, the court determines which room will go to each owner for use. In addition, the issue of utility bills can be resolved.
Compensation for legal costs is also awarded. It is recovered from the remaining defendants, including on the basis of a writ of execution.
Like any other judicial act, a court decision on the use of an apartment can be reviewed by appeal. You have a month to file a complaint. After the case is considered by the appellate court, the introduced regime for using the apartment will receive full legal confirmation.
