Unfinished Privatization and Unfinished Deprivatization of Residential Premises in the Context of Inheritance

Residential premises occupy a significant place in modern inheritances. Among the problems of the legal regime of residential premises, the issue of inheritance of residential premises for which the privatization process has not been completed remains significant. The emergence of the institution of “deprivatization” in the Russian Federation and the occurrence of similar problems due to the incompleteness of this process have raised similar questions for law enforcement. The existence of an established legal position (including at the level of the Supreme Court of the Russian Federation) regarding the possible development of inheritance legal relations in cases of unfinished privatization does not allow it to be applied “in a carbon copy” in the case of unfinished deprivatization. The special nature of inheritance rules, the restrained regulation of deprivatization in domestic law, as well as the conditions for its implementation in the context of a combination of the interests of participants in inheritance and so-called “post-privatization” legal relations, predetermine various options for the inheritance of the corresponding residential premises. The article suggests possible ways of developing such relations. It notes the permissibility of both completing the deprivatization procedure and transferring the residential property to the ownership of a public entity, as well as terminating it, while maintaining the individual's ownership of the residential property.