A legal clarification has been provided for a common situation in Russian apartment life. Natalya Svechnikova, Associate Professor at the Department of Civil Law of Plekhanov Russian University of Economics, evaluated Russian legislation regarding the taking of items left in common areas.
The lawyer stated that items clearly bearing the words 'I give away' or 'give away' indicate, under Article 236 of the Russian Civil Code, that the owner has renounced ownership. She noted that such items can be taken by others.
Svechnikova also reminded that the law has a caveat. She said the former owner's property right continues until the item is actually taken by someone else, and the original owner has the right to change their mind and reclaim the item during that period.
The situation is different for abandoned items worth less than 3,000 rubles. Article 226 of the Russian Civil Code stipulates that items below this value become the property of the person who finds and starts using them. Svechnikova added that this rule also applies to common areas such as apartment hallways, since the resident has the right to use that space. She emphasized that although a court order is theoretically required for more valuable items, in practice there is no problem if the item has a clear 'give away' note.
The lawyer pointed out that the main risk lies with items without a note, noting that furniture temporarily left for moving, repair, or airing may not have a warning. She cited the Russian Constitutional Court's ruling of January 12, 2023, which underlined that secretly taking the item in such cases could constitute theft.
Article 158 of the Russian Criminal Code defines theft as knowingly and secretly taking someone else's property. Svechnikova said, 'If the item is standing with a "give away" note, the taker's good faith is clear; even if a complaint is made later, no crime is committed.'
The lawyer gave advice to apartment residents, stating that it would be useful to photograph the item with the note along with a date stamp, and to ask in the apartment group who left the item. She added that these steps would serve as proof of good faith, and that for expensive items it would be wise to wait for a response from the owner.