De-privatization is the recognition by a court of law of the transfer agreement under which the privatization was carried out. What conditions must (and should not) be met in order for the contract to be invalidated?
Instructions
Step 1
Check out the Civil Code of the Russian Federation to find out if your apartment was privatized in violation of the law. If sooner or later it turns out that violations have taken place, offended relatives or supervisory authorities can sue your actions related to the privatization of housing.
Step 2
According to Articles 168-179 of the Civil Code of the Russian Federation, a privatization agreement may be invalidated if: - does not comply with the law and other legal acts (that is, it is not drawn up in the form prescribed by law);
- concluded for a purpose that is contrary to the foundations of morality and law and order (for example, with the aim of taking possession of property in an illegal way);
- concluded by an incapacitated citizen (such persons may include elderly relatives, minor children, persons registered with a psychiatrist or narcologist);
- concluded without taking into account the interests of citizens who are absent, or minor children;
- entered into under the influence of deception, threat, violence, malicious agreement or difficult circumstances;
- concluded under the influence of delusion (when the agreement with the contract entailed consequences not taken into account by one of the parties).
Step 3
If all these points are not related to the privatization agreement you once concluded, it cannot be declared invalid by the court.
Step 4
If your agreement was declared invalid by a court order, all real estate transactions concluded on its basis will also be recognized as invalid. The property will be returned to the state, with which you will have to re-enter into a social tenancy agreement.
Step 5
Please note: you do not lose the right to privatize if the contract is invalidated. So you will have the opportunity to privatize the same living space again, but in compliance with the letter of the law, since now you will be in a "special account" with the supervisory authorities.
Step 6
Do not confuse deprivatization with deprivatization. The process of deprivatization means that a citizen returns property to the state free of charge, but at the same time loses the right to re-privatize.
