LEGAL RESTRICTIONS AS A FACTOR OF DECISION-MAKING: METHODOLOGICAL ANALYSIS

Authors

  • Valentina A. Krakhina Автор

Keywords:

управление объектами недвижимости, нормативно-правовая среда, земельное законодательство, жилищное законодательство, алгоритм учёта правовых ограничений в сфере недвижимого имущества

Abstract

Introduction. Real estate management in current conditions requires systematic consideration of legal restrictions, the dynamics of which have significantly increased in recent years. The aim of this study is to examine regulatory barriers and develop a methodological approach for integrating them into decision‑making processes in the real estate market. Methods. The research is based on comparative legal and systemic analysis of land and housing legislation, legal risk assessment using expert methods, and case studies. The empirical base includes normative acts (the Land Code of the Russian Federation, the Housing Code, Federal Law No. 218‑FZ, amendments coming into force in 2024-2025) as well as law enforcement practice materials. Results. Systemic contradictions between federal and regional regulation, shortcomings of the Unified State Register of Real Estate (boundary errors, duplication), problems of shared‑equity construction, and weak protection of tenants are identified. Legal risks in primary and secondary markets (developer bankruptcy, construction delays, encumbrances, third‑party rights) are analyzed. Mechanisms for their mitigation are proposed: notarization, escrow accounts, title insurance, and in‑depth document verification. A six‑stage algorithm for integrating legal restrictions into management models is developed (legal monitoring, identification of restrictions, quantitative risk assessment, scenario development, integration into business processes, updating). The algorithm can be adapted for various types of property and management schemes. Discussion. The proposed methodology enables systematic legal risk management, cost reduction, and enhanced investment attractiveness of real estate. Future prospects are linked to digitalization of monitoring and the introduction of intelligent systems for regulatory analysis.

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Published

2026-01-15

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