The legislation regulating the process of privatization of apartments began to develop back in the 80s of the last century, before the collapse of the USSR. From this moment there were a lot of adjustments in the regulations of the privatization of the apartment and at the level of the Civil Code, and at the level of special laws and by -laws.
The adjustments concerned the question of whether foreign citizens can participate in the process of privatizing the apartment. So, in 2001 the next additions to the legislation were made to the Civil Code of the Russian Federation and the law on the privatization of the housing stock. From this moment, legislative acts governing the privatization of apartments contain a restriction. It is clarified that only citizens of our state can be privatized by the housing stock. Thus, as a result of privatization of an apartment occupied under a social employment contract, a foreign citizen cannot become the owner.
At the same time, it doesn’t matter in what status he lives in this apartment and in what kind of relationship is the employer planning to privatize the apartment.
The law defining the status and legal status of a foreigner in the Russian Federation also applies to stateless persons. According to this law, such persons cannot participate in the process of privatization of the apartment.
Moreover, in accordance with amendments to the Housing Code of the Russian Federation, the mentioned categories of citizens (persons) should no longer be provided with apartments under a social contract. True, there is an international level of agreements, and on the basis of an agreement of Russia with other countries, this right of a foreigner can receive. But this clarification concerns precisely the issues of social hiring, but to agree on the privatization of the apartment, including the privatization of the apartment provided before March 2005., Even at the international level it will not work.
Recall that a citizen of the Russian Federation is the owner of a passport of the Russian Federation, which prescribes citizenship in Russia, indicating the address (registration). A foreigner has no Russian citizenship, he is non-citizen. Citizenship is acquired at the place of birth, there is also a regulation of admission to citizenship.
As for persons with dual citizenship, according to the laws of our country, they have the status of a citizen of state. Therefore, restrictions on participation in the privatization of the apartment are not applicable to them.