Features of Real Estate Transactions Affecting the Interests of Minors

Minors are one of the most vulnerable and unprotected groups of people. In this regard, their property rights, both the ownership right and the right to use the dwelling, are often violated. This problem concerns not only children left without parental care, but also children whose parents are willing to violate the child's housing rights for their own benefit. Due to the lack of full legal capacity and active participation of legal representatives in transactions involving the disposal of minors' property, they need special protection. The legislator seeks to reflect various guarantees of minors' housing rights in Federal legislation, but this is objectively insufficient for effective protection in modern conditions. Moreover, some issues are enshrined in the legislation nominally without proper forethought and elaboration, in particular, the procedure for purchasing real estate with maternal capital. All this determines the relevance of the topic and this research. The object of the research is social relations related to the implementation of civil transactions with minors real estate and other actions that entail a reduction in the amount of property rights of the child, in the absence of proper participation of the third parties in such legal relations. The subject of the study is the civil legislation of the Russian Federation (Civil code and Federal law on the activities of guardianship and custody bodies, the order of use of maternal capital and the protection of children's rights), family lelislation of the Russian Federation, the judicial practice of general jurisdiction courts, in particular the position of the Supreme courts, as well as an array of doctrinal issues that reinforce the understanding of the category of the third parties' consent, the order, the grounds for its issuance, as well as the procedure for selecting and purchasing the dwelling at the expense of the maternal capital. The purpose of the research is to study the features of realization of minors' property rights, in particular the ownership right and right to use the dwelling as a member of the owner's family and potential violations of such rights, especially in case of improving living conditions through maternal capital. To achieve this aim, the research was divided into three chapters. The first chapter presents an analysis of the legal nature of minors property rights and features of their implementation in housing relations, as well as the characteristics of the civil transactions, usually involving the disposal of minors' real estate. The second chapter is devoted to the study of the procedure for participation of legal representatives and guardianship and custody bodies in transactions on the alienation of real estate, in respect of which minors have the ownership right or the right of use. The third chapter focuses on the investigation of the procedure for disposing of maternal capital at the direction of improving the family's housing conditions, taking into account the positions formed in judicial practice. According to the results of the research, the author concludes that it is necessary to expand the role of guardianship and custody bodies in examining the transactions related to the disposal of the minors' property rights, as well as to form a list of circumstances that are subject to essential verification in this situation. In addition, proposals for possible improvement of the legal regulation of the procedure for directing maternal capital to improve living conditions in order to respect the rights of minors have been put forward.