Countering apartment raiding. Bychkov A.I.

“apartment raiding” is a special type of unlawful activity aimed at acquiring small shares in the right of ownership of the apartment in order to subsequently seize all residential premises by buying out the rest of their owners at the underestimated value or selling them to the acquired share at an inflated value either by selling the entire object to a third -party buyer with the retention of apartment raiders in their favor of most of the proceeds of purchased price. Apartment raiding is a systemic problem of our law enforcement, due to the presence of spaces in the legislation of the Russian Federation and a contradictory law enforcement practice, the absence of complex approaches in counteracting this unlawful activity, whose participants enjoy the existing loopholes in law with the aim of illegal enrichment at the expense of conscientious participants in civil turnover, suffering from their violations and abuse. In this book, with a support of the current judicial practice, we decided to analyze the main methods of judicial protection, which, taking into account the type and nature of violations of the rights of the shared homeowner, can be applied against apartment raiders: forced redemption of shares, protect the pre -emptive right to purchase, and the exercise of a pre -emptive right in the division of inheritance , a decrease in the obligatory share in the inheritance or refusal to recover, contesting bonded transactions, determining the order of use of the apartment, the exchange (exchange) of social housing and more.