Долевая собственность и машино-места: взгляд конституционного правосудия

Закон. 2023. № 11. С. 136–146.

Alexeev V.

The article contains a detailed analysis of the Resolution of the Constitutional Court of the Russian Federation of 18 April 2023 No. 18-P, which is devoted to the procedure for transforming shared ownership of buildings, structures and premises intended for the placement of vehicles into the ownership of parking spaces as independent real estate objects. The author believes that the said Resolution contains significant inaccuracies in the description of the current legal regulation and in the understanding of the ratio of shared ownership of these objects and a new real estate object for our legal system – parking spaces. There is doubt about the correctness of declaring unconstitutional part 3 of Art. 6 of theFederalLawof3July2016No.315-FZ,aswellasthepossible a legislative prohibition of shared ownership in facilities intended for the placement of vehicles. The conclusion is substantiated that the abolition of the pre-emptive right to purchase in case of shared ownership in these objects will lead to the disappearance of the motivation for the participants in shared ownership to re-register their shares into parking spaces.

Keywords: общая долевая собственность, преимущественное право покупки, машино-место, реальный раздел, выдел доли