Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Криміналістика 65 друк новий 496 505 Завантажень: 15, розмiр: 268.6 KB

DOI: https://doi.org/10.33994/kndise.2020.65.49

S. Kurochkin

The article examines the methodical approach to determining the right to use apartments, according to different space-planning solutions, in particular, in the conditions of the apartments that are designed and built for one family living. As well as in the conditions of the old buildings, which do not comply with current regulatory documents and rules.

When determining the right (order) of use, the expert should research all the factors that influence and provide a more objective research, as well as ensuring a level of comfort no lower than the requirements of building rules.

In the course of the research, the expert should work out and determine all possible options for the right to use the apartment and suggest at least two technically feasible and convenient options.

If it is impossible to offer more than one option for using the premises of the apartment, such a decision should be justified.

In the author’s opinion, at the moment there is relevance for formalizing and tightening requirements for determining use rights, including for the apartments that are designed (built) for one family, as well as the old buildings that do not meet the requirements of existing building rules. Methodical approaches should be developed to detail the possibility of determining the right to use an apartment.

Based on the results of the research, the author observes that it is impossible to determine the right to use the apartment, which leads to a change in its purpose, in particular from the apartment, which is designed for one family to a communal apartment.

This is possible only if technically possible, for such a type of apartments, for each of the co-owners (taking into account their special needs), when the square and space-planning solution of the investigated apartment allowing to organize the minimum necessary premises. It should be done in accordance with the requirements of the building rules for this apartment, namely, residential and auxiliaries (kitchens, bathrooms, a pantry or a built-in wardrobe).

Key words: right of use, space-planning solution of an apartment, forensic expertise (research), actual shares of co-owners.