MOSCOW, January 10 — RIA Novosti, Larisa Zhukova. the Ministry of justice has developed a procedure for the removal of the debtors of a single housing. The draft amendments to the law on enforcement proceedings, published on state portal, caused a public outcry. The grounds on which non-payers will be deprived of homes and the threatened application of such measures in practice, been explained to RIA Novosti.
Undisputed
“Very controversial bill. To make homeless those who already have no money?”, – so the appearance of the bill reacted former Commissioner for the rights of the child Pavel Astakhov in his Twitter, noting that the Constitution guarantees everyone the right to housing, while not requiring the citizens to pay the debts. His opinion was supported by many Internet users.
the fact that the proposal of the Ministry of justice legal and not contrary to the Constitution, in turn, said the head of the bailiff service Artur Parfenchikov.
it Turns out that in 2012 the constitutional court ordered the Parliament to specify the provision under which the debtor can not recover part of his one dwelling, with due consideration to the interests of the lender and acknowledged this rule does not contradict the Constitution.
the Reason for this decision was the consideration of two typical litigation: Fanii Gumerova and Yuri Chikunova. The inhabitant of Ufa Gumerova loaned a friend more than 3 million rubles. The district court granted her claim to foreclose on a third of the house – worth nearly 10 million and an area of over 330 sq. m. However, the Supreme court of the Bashkortostan Republic the decision of the lower court reversed, citing the provisions of article 446 of the Civil code “Property that cannot be levied under Executive documents”. In similar circumstances could not repay the loan in 70 thousand dollars and Muscovite Chikunov.
In the same year, the draft amendments to the relevant norm of the Civil code in the state Duma introduced Deputy Galina Khovanskaya, however, the Parliament never adopted. The legislative initiative was postponed for more than four years.
Time to moderate appetites
the Average across Russia the debts for housing and communal services or credit card up to 25% – in fact, every fourth is not able to pay their debts, says the President of one of the oldest Russian collection agencies “Sequoia credit consolidation” Elena Dokuchaeva. According to the Agency for October 2016, the Russians have various organizations (banks, telecommunications companies, insurance companies, organizations, utilities, MFIs) more than 1.3 trillion rubles. And this figure is increasing.
the Recently adopted law “On protection of rights and legitimate interests of individuals with the implementation of overdue debt” limits the ability of collectors, so debtors need motivation to pay the bills, I’m sure the President of the Agency: “on the one hand, the growth of overdue debt on loans due to the fact that the population is impoverished. On the other – if you do not have enough money to pay the debt, you may need to adjust their consumption?”.
the Bill is aimed at those who want to curb the appetite, I agree a lawyer for all categories of rights Kirill Chernyavskiy. We are talking about typical, according to him, the scheme when people take out loans, buy everything for building conditional 10 million and not pay their debts to the banks. Funds in the accounts of no, property only to collect nothing. And after three years is the Statute of limitations – a person sells a luxury apartment and buying a few little ones:
“This is a very competent and quality care from liability, and a fairly common situation. I have many such friends.”
At the same time, the attorney acknowledges: their share among the defendants in the cases the debts are not more than those who lost business during the crisis, was found with scammers or do not share the property with relatives.
6 “squares,” as the payback
As explained in the Ministry of justice, to withdraw from housing for the payment of taxes will not all debtors: the amendments will affect only those who have no money or other property to repay, and whose living conditions “clearly exceed” their needs – at least twice.
the size of the “needs” are regulated by the state. According to the Housing code, in different municipalities of Russia the norm of living space varies from 14 to 18 sq. m. per person. The minimum sanitation standards set at the Federal level is 6 square meters per person.
If the apartment is small but expensive (for example, in the city center), and its cost is twice that, which will cost the municipality an alternative (albeit less worthy), it is also subject to forced withdrawal.
the Court will set the amount that will be paid to the debtor for the purchase of another dwelling in the same locality. It is expected that it will be enough after the deduction of debts from amount of the sold property.
to abuse
the rating System the housing with the new year will undergo a number of changes: now the cadastral valuation of land plots, apartments and villas are held not by the independent appraisers, and experts of public institutions. The cost of housing as closer to the market: this means that the apartment will be assessed much higher than before, says Kirill Chernyavskiy.
“Now when the inventory will take into account all the factors, “luxury” and even, whether there is a Concierge downstairs, and on which side of the window.”
the purchase of a new dwelling will only be given three months from the moment of transfer of money. If the debtor fails to dispose of the funds, they will be transferred to the municipality, who himself will engage in the provision of housing. Is the risk that the defendant will get an apartment with minimal amenities, if not in a communal flat.
Under threat, and the residents of communal apartments: it often happens that debts for housing and communal services appear the most, since the municipality does not split the payments for each tenant. There’s only one way out – to negotiate with the managers of housing companies to install individual meters. Children’s rights are not violated, I am sure Kirill Chernyavskiy, but in any case in court involving minors will be present guardianship.
Precedents when the court decided to withdraw for the subsequent sale of the only housing that is already there. A similar case was in the practice of Kirill Chernyavskiy: the apartment of the defendant was sold by a court decision without his consent, and ordered to settle elsewhere, after his neighbors have repeatedly complained about loud music at night. But situations with the removal of a single residence on account of payment of debts in Russia yet was not. Until now, debtors have struggled with various methods: from power of hot water to the “utility know-how” – the sewage off in a single apartment.
“not beneficial to Anyone “fruits” of the homeless, but that risk is. Any article can be viewed at different angles, and someone probably wants to take advantage of his official position. In the end, everything will depend on in what form will accept and pass the bill,” concludes the lawyer.
what is known is that the new procedure will apply to disputes arising after the law enters into force. With the exception of cases of cases of compensation of harm of life and health, as well as alimony.
No comments:
Post a Comment