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"Another search for balance in conditions of obvious non—obviousness" — article by Tatyana Tereshchenko for Zakon

Article by Tatyana Tereshchenko, head of the analytical department of Prime Advice, for the "Legal Chronicle" column in the Law magazine. The heading includes several notes by different authors on significant events. The authors write about what they were hooked on in the legal field in the previous month.

The improvement of civil legislation is a natural process. However, sometimes you have to wait a long time for innovations, and then wonder what to do about it. Sometimes difficulties arise due to the fact that law enforcement officers are waiting with bated breath for balanced and full-fledged decisions from the legislator. And the legislator, for his part, counts on the conscientiousness of law enforcement officers and full-fledged explanations from the highest judicial instances. However, mutual expectations are often not justified, especially when the legislator is concise and leaves the solution of many issues to the discretion of participants in civil turnover (which should be welcomed), and practice clarifies legal norms by retelling or by referring to evaluative concepts without disclosing the standard of their application (which, of course, is difficult to welcome).

So, despite the holiday season and the eternal desire of everyone and everything to get in shape, at the end of July, the Civil Code of the Russian Federation got a little fatter — by a whole paragraph of four articles on the common property of owners of immovable things[1].

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1 See: Federal Law No. 351-FZ dated 07/24/2023 "On Amendments to Part One of the Civil Code of the Russian Federation".

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