Significant part of the Review is devoted to delimitation of competence between courts and municipal interdepartmental commissions which adopt decisions as to the destiny of the housing to be found in hazardous state. The Supreme Court demonstrates, by way of giving examples, that courts must assess not the expediency but only the legality commissions’ decisions – for instance, whether they comply to the procedures prescribed by normative acts.
Besides, the review solves the controversial question as to the redemption price of the housing which is subject to demolition. When it comes to apartment buildings (condominiums), the court practice often ignores the value of shares in common property which belongs to an owner of a separate unit (a flat), and does not include it into redemption price of housing. (Common property includes the value of land, on which the building is situated, the value of premises for common use, etc). The supreme Court pointed out that such attitude is wrong in law: the share in common property should inseparably follow the destiny of the dwelling premise, and therefore the value of such share must in all cases be included into redemption price.
