DETERMINATION OF CK OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of March 15, 1995

According to Art. 16 of the Law of the Russian Federation "About bases of federal housing policies" in case of absence in the communal flat of the housing conditions of employers, and also the employers having living space of less established regulation on one person needing improvement, the exempted premises are transferred to other employers of this apartment according to the lease agreement or purchase and sale

(extraction)

Andreyev made in court the claim to Garmanov for installation it to the room of 18 sq.m located in the communal flat, referring to the fact that on this room the order is issued to it, however Garmanov is the employer of two other rooms in this apartment, interferes with its installation.

Garmanov did not recognize the claim and imposed demands in reconvention to Andreyev and administration of Leninsky district of Krasnoyarsk about recognition invalid the order issued to Andreyev and to administration of Krasnoyarsk about provision on it rooms according to the lease agreement, motivating the requirements with the fact that the right to provision to it the exempted room is provided by Art. 16 of the Law of the Russian Federation of December 24, 1992. "About bases of federal housing policies".

The Krasnoyarsk regional court nullified the order issued by administration of Leninsky district of Krasnoyarsk to Andreyev on the right of installation in the room of 18 sq.m in size in the communal flat, obliged administration of Leninsky district of Krasnoyarsk to present Andreyeva with the daughter Anastasia, 1990 of year of birth, other premises corresponding by the size and improvement provided according to the order; about installation in the room of 18 sq.m refused to Andreyev the claim; recognized for Garmanov the right to provision to it rooms of 18 sq.m in size in the mentioned apartment according to the lease agreement signed between it and administration of Krasnoyarsk.

In the writ of appeal the administration of Leninsky district of Krasnoyarsk considered the judgment wrong and asked it to cancel, specifying that the court had no legal causes for recognition of the order issued to Andreyev invalid with the effects provided by Art. 100 of ZhK RSFSR.

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