Law on the deprivation of the only housing. The Ministry of Justice has developed a procedure for seizing the only housing for debts KXan 36 Daily News

Auto 05.08.2020

The initiative of the Ministry of Justice to deprive debtors of their only housing looks frightening at first glance. By social networks a wave of indignation has already swept over. However, if you read a little further than the headline, it turns out that the Ministry of Justice does not intend to violate the Constitution, which spells out the right to a roof over your head.

Back in 2012, the Constitutional Court recognized that the current norm of the law is unfair to creditors: it turns out that if the debtor has the only housing - a huge mansion worth hundreds of millions of rubles, it is still impossible to foreclose on him.

It is with this injustice that the Ministry of Justice proposes to fight. The proposed bill provides for the withdrawal of the only housing if it is at least twice the social norm of the region (from 14 to 18 meters per person), and the total amount of debts exceeds 5% of the value of the property. The apartment is put up for auction, the debt is extinguished from the funds received, and the rest is transferred to the debtor so that he buys himself a smaller apartment (but also meeting social standards). If nothing can be bought within three months, then the money is confiscated, and the debtor is provided with social housing.

Thus, changes in the legislation will affect only those who owe relatively large amounts and at the same time live in a fairly large apartment or house. If we take Moscow as an example, then for a family of three, the social norm is 18 meters per person. At the same time, when calculating the maintenance and repair fee, another seven meters are added - most likely, this “additive” will be extended to debtors. Thus, the minimum area of an apartment that can be levied is 150 meters. Not many families of three live in apartments fifteen hundred meters away. The cost of this apartment, based on the average price per square meter of 200 thousand rubles, is 30 million rubles. It turns out that in order to lose an apartment, you need to owe at least one and a half million.

In the regions, of course, we will talk about completely different amounts - for example, in Veliky Novgorod, a square meter costs about 50 thousand rubles, and the social norm is 18 meters without any surcharges. Thus, in the homeland of Russian democracy, a family of three can hypothetically lose their homes, living in an apartment with an area of more than 108 meters and owing at least 270 thousand rubles.

Few people live in apartments (and houses) of such a large area and owe so much relative to the average salary to lose their housing. It turns out that if the law is adopted, there will be no talk of any "mass eviction of debtors" - these will be isolated cases.

However, the fears of those who strongly oppose this bill are also quite understandable. For a person who lives alone in an apartment, the social norm is 33 meters. It turns out that if a single person lives in an apartment with an area of 67 meters and owes more than 5% of its value (167 thousand in Novgorod and 670 thousand in Moscow), then he may well lose his not-so-large housing.

Thus, the law can theoretically strike not at all at debtors living in huge mansions, but at lonely pensioners who are poorly versed in the intricacies of legislation. There are many risks: utility tariffs are constantly changing; microcredit organizations aggressively advertise themselves by writing real loan conditions in small letters; scammers “sell” vacuum cleaners and “medicines for all diseases” for thousands of dollars to pensioners - as a result, almost any single pensioner can suddenly find himself in a large debtor.

In the 90s, there were hundreds of relatively legal ways to deprive a person of an apartment, and the legislator did a lot to close these loopholes as much as possible. How will it be protected from abuse new law- is not yet clear.

Also, the idea of giving the money left from the return of debts after the sale of the apartment to the hands of the debtor himself raises questions - so that he buys himself a new home. If a person has brought the situation to the point of selling his only real estate, it means that he has a very bad financial discipline - and the reason here is not so fundamental.

It is quite possible that in three months the municipality will find that the money has been squandered, there is no housing - and will be forced to provide social housing without any compensation. And the majority of Russian municipalities are rather poor.

In addition, it should be understood that apartments and houses in the current economic situation (and in any, with the exception of the explosive growth that was observed in our country in the past decade) are not a liquid commodity. An apartment put up for sale at a conditionally market or estimated price can be sold for months, if not years - and the debt will grow. If you allow real estate to be sold at a price below the market or estimated price, then abuses are inevitable.

Also, perhaps, the law should clearly indicate that the double social norm for the forced sale of housing cannot be reduced. Otherwise, over time, lobbyists of banks and other credit organizations will achieve that it will first be reduced to one and a half norms, and then even one meter of excess of the social norm will be enough to lose real estate for debts.

Thus, the initiative of Mikhail Fedotov's Presidential Council for the Development of Civil Society and Human Rights on the need to "run in" the law in one of the regions looks absolutely correct. Recall that Fedotov said: “Before introducing such a bill, we need to understand how it will be implemented in practice. Today it looks like an artificially constructed scheme.” He also noted that the debtor should pay off loans, but his relatives are not always related to such debts.

The same was stated by the press secretary of the President Dmitry Peskov. The bill is one of the working proposals, which "is subject to detailed study in terms of law enforcement," he stressed. On this issue, "it is necessary to collect the opinions of many parties," Peskov said.

In previous years, a lot has been done in Russia to alleviate the situation for people who find themselves in difficult life circumstances - and bad debts in other cases appear extremely rarely. The activities of collectors who did not disdain illegal methods were seriously limited. The law on bankruptcy of natural persons was passed.

It is important that the initiative of the Ministry of Justice concerns only those who, owning expensive real estate, refuse to pay their obligations, so as not to worsen the situation of "normal" debtors. In no case should one rush to pass such a law.

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Within 2 months after the receipt of funds to the budget, the local self-government body provides the debtor with a different dwelling, based on the norms of the area and taking into account the members of his family who lived with him. So far, however, the bill remains a bill, and when it will eventually be adopted is unknown. According to some reports, the bill is still being finalized, taking into account the opinions of interested authorities, after which it will be sent to the government. Loading …Conversations around the sensational bill on the deprivation of the only housing of debtors have been going on since November 2016. As a result, the Ministry of Justice proposed to revise the aspects of the project, which raised many questions and at first glance seemed unfinished. Now the only housing of the defaulter cannot be arrested with its further resale.

The only housing for debts 2018. latest news

The law on the seizure of the only housing - what did the Ministry of Justice come up with? For the first time, the media reported on the controversial initiative of the Ministry of Justice immediately after the New Year holidays in 2017. The initiative is to repeal the provision prohibiting foreclosure on a single dwelling. Recall that under the current legislation, debtors cannot be deprived of living space if it is the only one for them, with the exception of apartments purchased with a mortgage (Art.

446

Code of Civil Procedure of the Russian Federation). The Ministry of Justice has developed a document that amends this article. In particular, it is proposed to keep housing only if its size "does not exceed twice the norm for providing living space." In Moscow, this norm is 18 square meters (in other regions it may differ).

Accordingly, the debtor, who has a single apartment with an area of 35 "squares", will still not be in danger.

The only housing - who will be taken away and sold for debts?

Attached to it are the documents that were previously provided by the bailiff stating that this person has nothing else in his property except housing.
The value of the only real estate of the debtor is assessed.
Further, all family members living at this address are invited to consider the application.
This consideration can be delayed for additional time, given that the assessment of housing may not be carried out correctly and the review of the application will take some more time.
After the final consideration of the application, a decision is made on permission to collect, but it can also be appealed.

The law on the seizure of the only housing of debtors will be adopted in 2018

We are talking about the fact that after collecting the debtor's only living quarters, he will be able to purchase housing suitable for living, but smaller in area, with a part of the proceeds received. “That is, the debtor and his family members would not have remained on the street for a single day,” the ministry stressed. According to Deputy Minister of Justice Mikhail Galperin, the new law should encourage debtors to pay debtors on their own, without leading to a situation with the withdrawal of housing. In addition, the deputy minister noted, the debtor can independently sell his own housing, buy himself a more modest one, and return the remaining money to the claimant.

They also noted that they will collect housing from the debtor only by a court decision. It, in turn, will follow only if the debtor does not have any funds or other property with which to repay the debt.

Debts squared

Attention

Otherwise, the changes are clarifying in order to avoid misinterpretation. For example, in new version clarified that in order to sell the only housing for debts, it is necessary not only to double the norm for providing space, which is provided for by law, but also to have more than 36 square meters for each person living in the premises. Thus, if, for example, the debtor lives alone in an inexpensive apartment with an area of 33 squares, then he will not have to worry about selling his only home for debts. How will the sales process take place? Based on latest version bill, the process of selling the only housing for debts will take place as follows.

In the presence of the above conditions for the area and cost of housing, the claimant or the bailiff applies to the court, which, having studied all the circumstances and details of the case, must make a decision.

Single Housing Law Number 2018

The method of calculating the amount implies the possibility of acquiring new housing in the same locality, ”the Ministry of Justice explains. So if a person lived in Moscow, then the court should be guided by capital prices. The cost of a hypothetical apartment will be calculated taking into account the average specific indicator of the cadastral value approved by the regional authorities.

For example, in the North-Western cadastral district of Moscow, the maximum value of the specific indicator of the cadastral value is 261,823 rubles per square meter. In Novosibirsk, this figure is 77,931 rubles per sq. m. m. Bailiffs will have the right to prohibit the debtor from registering anyone other than minor children in the apartment: so that the debtor does not artificially increase the size of the family and thereby save excess space.

The new housing of the debtors must comply with the established housing standards.

The Ministry of Justice finalized the bill on the seizure of the only housing from debtors

It remains only to set up this “scale” for assessing housing and the minimum amount of debt. We came to this conclusion through discussion,” he said. Lidia Mikheeva, a member of the Public Chamber, agreed with this approach.

Yes, it’s better to get away from those same 5% by setting up a “floating” amount of debt sufficient to launch trading, which will depend on what kind of housing is the subject of collection - “luxury” or not, ”she said. Specific percentages are still being discussed. People will not be evicted from an apartment without new housing Moving The debtor will not be evicted until it becomes clear where to live next. So the apartments will be sold together with the debtors living in them.

Buyers will have to understand that they will not be able to move into new apartments right away. But housing will definitely be free.

The Ministry of Justice clarified the procedure for seizing the only housing from debtors

According to the director Federal Service bailiff Artur Parfenchikov, if the law is adopted, the procedure will be applied in isolated situations. There will be no mass relocation of debtors: the law imposes many restrictions. According to him, it is incorrect to say that it is allegedly proposed to deprive debtors of their only housing.

Info

Correct wording- housing replacement. “The Ministry of Justice is fulfilling the order of the Constitutional Court, which obliged it to establish such a procedure a few years ago,” Artur Parfenchikov said. - I would recommend to carefully study both the decision of the Constitutional Court and the bill itself. I believe that this is just the way to balance rights and obligations.” Especially for worried citizens, the Ministry of Justice of Russia published detailed explanations of how the procedure for replacing the only housing of debtors with housing of a smaller volume should work.

Why can they take away the only housing from the debtor?

Discussion of the bill The original version of the bill was aimed at all categories of debtors. Thus, loan defaulters, utility debtors, and fines could fall into the risk zone and move from their spacious homes to more modest apartments. However, public discussions of the bill still made certain adjustments to the text of the bill.

So, if you look at the latest version of the bill posted on the portal of draft regulatory legal acts, you can see that now the bill is designed for non-payers of alimony, and also affects citizens who need to compensate for harm caused to health, compensate for damage caused by illegal deeds. Credit debtors can take a breath, they were left alone. Read here, will loan debts be written off in 2018? This is the most significant change.

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Moscow and region

St. Petersburg and region

Federal number

"My home is my castle!" - this ancient English proverb (My house is my castle) does not lose its relevance to this day in Russian civil law. According to Art. 446 of the Code of Civil Procedure of the Russian Federation as amended, it is impossible to take away the only housing for non-payment of loans and other debts, except in the case when the debt for which this housing is pledged (mortgage) is not paid. Since 2012, the need to amend the Civil Procedure Code has been periodically discussed in order to allow the withdrawal of the only housing for debts. How things are now, and what are the prospects for the adoption of a bill on the seizure of the only housing from the debtor in 2019, we will analyze further.

Chronology of significant events on the issue of the withdrawal of the only housing for debts

The Constitutional Court of the Russian Federation in Resolution No. 11-P indicated the need to amend Article 446 of the Code of Civil Procedure of the Russian Federation in terms of possible foreclosure on the only housing if its area significantly exceeds the minimum standards;

2016 - 2018

Ministry economic development The Russian Federation has proposed several versions of the draft law on the seizure of the only housing from debtors. The first version of the bill was submitted for public discussion at the end of 2016;

The Supreme Court of the Russian Federation issued ruling No. 305-ES18-15724 in the bankruptcy case of an individual Frushchak A.V. No. А40-67517/2017. Despite the hype in the media, nothing extraordinary actually happened.

Law on the seizure of the only housing from the debtor

The Constitutional Court of the Russian Federation in 2012, having considered the case “on the verification of the constitutionality of the provision of para. 2 part 1 of Article 446 of the Code of Civil Procedure Russian Federation in connection with the complaints of citizens Gumerova F.Kh. and Shikunov Yu.A.”, pointed out the need to abolish “absolute immunity” for the only housing. The court pointed to a violation of the balance of interests of creditors and the debtor in the case when the debtor has a luxurious single housing (for example, a cottage with an area of 500 m2). At the same time, the debtor lives alone in his housing and does not want or is not able to pay his debts. The current wording of Article 446 of the Code of Civil Procedure of the Russian Federation does not allow foreclosing debts on residential premises and the land plot on which it is located, if for the debtor and members of his family it is the only one suitable for living. The only exception is mortgage housing, which can be “taken away” for non-payment of mortgage debt.

A mortgage is a pledge of real estate

A mortgage is understood not only as a loan taken for the purchase of housing, but also as a loan for business or other purposes, taken on the security of housing. Very often, borrowers mistakenly assume that by giving a copy of the certificate of state registration of the right to an apartment or house and indicating them in the application for a loan, they thereby provided it as collateral, and the bank, in case of non-payment of the loan, will be able to take the housing for debts.

Real estate pledge agreements (apartments, houses, land plots) undergo mandatory state registration with Rosreestr. Therefore, if, when receiving a loan, you did not register any agreement with Rosreestr (or did not authorize any other person to do so by a notarized power of attorney), then you did not provide housing for this loan as a pledge, and they cannot take it away. In addition, they cannot take away not only the house itself, but also the land plot on which it is located.

The decision of the Constitutional Court of the Russian Federation served as an impetus for the creation of a series of bills on the seizure of the only housing for debts.

Bills on the seizure of the only housing from the debtor

At the end of 2016, the Ministry of Justice of the Russian Federation prepared the first version of the draft law on amendments to the Civil Procedure Code of the Russian Federation (Articles 446 and 447), according to which it was proposed to maintain the inviolability of the only housing only if the housing area does not exceed the size of 2 times the area norm on debtor and members of his family.

This version of the draft law on the seizure of the only housing from debtors proposed to retain the right to a single housing, but to limit it to the amount and square meters. According to the text of the bill, the only housing "can be taken away for debts":

If its area exceeds twice the area norm for the debtor and members of his family;
If its market value exceeds two or more times the average market value of housing of a similar area in the region;
For debts of a personal nature: alimony, harm to health, moral damage, etc., for credit and other debts - only if the loan was taken after the entry into force of the law.

The bill was heavily criticized and in mid-2017 the Ministry of Justice made a number of amendments to its text. The main idea of the updated version of the bill is that it is possible to foreclose on the only housing only within the framework of enforcement proceedings for alimony and housing and communal services debts. But even in this version, the bill was not submitted for consideration to the State Duma.

In November 2018, the Ministry of Justice “announced” a new version of the bill on the possibility of seizing the only housing for debts. In this version, the legislator proposes to allow foreclosure on the only housing of the debtor in the course of enforcement proceedings and the procedure for the sale of property in the bankruptcy case of an individual. Foreclosure on the only housing according to this version of the bill is possible only:

if the housing is “luxury” (its cost exceeds 30 million rubles or more than 30 square meters per tenant);
subject to the provision by creditors until the sale of the apartment instead of alternative housing. Alternative housing must be located in the same area of the city ( locality) and have an area of at least 20 square meters per person.

It is important not to confuse law and bill. This, on this moment, just a bill (draft law), which is not a fact that will be adopted in the wording proposed by the ministry. The bill will be considered in three readings, and only after three readings will it go to the Federation Council, and then for signature by Vladimir Vladimirovich Putin. In our opinion, the prospect of adoption and entry into force is not earlier than 2020!

In what cases can they take away the only housing?

Currently, only housing can be foreclosed in the following cases:

this housing was pledged as collateral for an obligation (loan or loan) that was not paid in full (there is an outstanding debt on this loan or loan);
if it is determined that this housing is not the only one for you (for example, if you are registered and live at a different address in public housing). Similar cases occur periodically in judicial practice, therefore, we strongly recommend that you be registered (registered) in your only accommodation.

In other cases, the only housing cannot be sold in the course of both enforcement proceedings and in the bankruptcy proceedings of an individual. Therefore, if you are in doubt whether it is worth going through the bankruptcy procedure of an individual and whether you will lose your only home in this case, we recommend that you do not wait for the tightening of laws by the state. Get rid of debts through the bankruptcy procedure in 2019, no one will touch your only home!

Debtors may lose their only home - the corresponding amendments to the Civil Procedure Code were prepared by the Ministry of Justice. According to existing norms, which are fixed in Article 446 of the Code of Civil Procedure, debtors cannot be deprived of housing if it is the only one for them (the only exception is apartments bought with a mortgage).

Proposes to amend Article 446, according to which citizens burdened with debts will be able to keep housing only if its size “does not exceed twice the norm for providing living space ... per citizen-debtor and members of his family living together in the specified residential premises, and the cost is less than twice the cost of residential premises ... calculated taking into account the average specific indicator of the cadastral value of real estate for a cadastral quarter on the territory of a constituent entity of the Russian Federation.

Thus, if housing is twice as large as the established norm, and there is no other property that can be foreclosed on, then by decision of the court, the apartment can be sold under the hammer.

Part of the proceeds will be spent on the purchase of standard housing, and the surplus will be used to cover the debt. Housing standards each region determines independently. Say, in Moscow it is 18 square meters. m per person, in some regions - 15 sq. m. Thus, if two people, for example, live in an apartment of 32 square meters. m, then they are not threatened with eviction.

The authors of the bill believe that it, in particular, will ensure the protection of the rights of minor children. The measures proposed in the document, according to its drafters, will make it possible to more effectively deal with non-payment of alimony, as well as provide minors with housing in the event of a divorce of their parents.

“The Russian Constitution guarantees everyone the right to housing. But there is no obligation to “pay your debts”, except for taxes,” the former children’s ombudsman tweeted. According to him, the bill is very controversial, as it can turn those "who already have no money" into homeless people. In turn, the director of the Federal Bailiff Service (FSSP) considered that the bill does not violate the constitutional right of citizens to housing.

“The proposed bill provides for a guarantee for housing when foreclosure, but within the established standards,” he wrote on Twitter.

This is not the first attempt to deprive the debtors of the only housing. Back in 2012, a State Duma deputy made similar amendments to Article 446 of the Code of Civil Procedure. Then the amendments were not adopted. It is worth noting that both bills refer to the same decision of the Constitutional Court of the Russian Federation dated May 14, 2012 No. 11-P “On the case of checking the constitutionality of the provision of paragraph two of part one of Article 446 of the Civil Procedure Code of the Russian Federation in connection with complaints from citizens F.H. Gumerova and Yu.A. Shikunov.

As follows from the materials of this case, Fania Gumerova, a resident of Ufa, lent more than 3 million rubles to an acquaintance. for the construction of a 300 sq. m. The courts of various instances in Bashkiria ordered the borrower to pay monthly to the lender about 2 thousand rubles. from your pension. At the same time, the debtor owns a residential building worth about 10 million rubles.

Gumerova reached the Constitutional Court, which ultimately ruled in favor of the plaintiff and ordered the parliament to limit property immunity and amend the legislation. As noted in the court decision, the extension of property immunity to residential premises unreasonably and disproportionately restricts the rights of the creditor. At the same time, the court must establish that housing exceeds the standards specified by law, and the debtor's income is disproportionate to his obligations. The limits of property immunity by court decision were to be established, which was soon done, however legislative initiative has been delayed for more than four years.

In 2013, the Ministry of Regional Development published draft amendments to the Housing and Civil Codes, which proposed a simplified procedure for collecting real estate in case of debt for housing and communal services. According to the project, housing was offered to be put up for auction if the amount of debt for utilities is 5% of the market value of the apartment. The author of this proposal was NP "Housing and Public Utilities Development" headed by the current chief housing inspector of the country. After the proposal provoked an angry reaction from many experts, the ministry itself (abolished in 2014) then came out with an explanation that it did not support this idea.

Talks around the sensational bill on the deprivation of the only housing of debtors have been going on since November 2016. As a result, the Ministry of Justice proposed to revise the aspects of the project, which raised many questions and at first glance seemed unfinished.

Now the only housing of the defaulter cannot be arrested with its further resale. But if the recently introduced amendments are approved, the bailiff will be able to use the debtor's apartment as an object for reimbursing borrowed funds.

Bill

The Ministry of Justice has already managed to publish the changes made to the bill on depriving debtors of their only housing. According to the amendments, housing can be taken not from every non-payer, but only from some of them. This category includes people who refuse to pay alimony or criminals who have harmed the health of the family breadwinner, which subsequently could lead to his death, and then refuse to compensate for the damage.

One of the features of the changes was that housing can be withdrawn without linking the debt to the timing of the borrower's obligations to the creditor.

The decision to amend the articles of the Civil Procedure Code of Russia was made at the end of 2016. According to the wording, it was proposed to keep the only house of the borrower inviolable, but only when its area does not exceed 2 times the size of the living space for the defaulter and his family members.

From the very beginning, the debtor's only dwelling bill included a scheme whereby the debtor could purchase another dwelling, and part of the proceeds from the sale of the previous one was to be used to repay the debt. To reassure people, the Ministry of Justice drew attention to the fact that in the process of buying and selling, the borrower and his family members will not be driven out into the street for a single day, but will always remain with a roof over their heads.

First of all, the federal bill will affect the most persistent defaulters, that is, those who are hiding or simply refuse to repay the debt. Today, the base of the bailiff service contains 880 thousand proceedings regarding alimony in the amount of 134-135 billion rubles and 107 thousand proceedings for compensation for harm caused by criminals for a total amount of more than 100 billion rubles.

In order to slightly slow down the huge public outcry that was caused by the proposed bill, the Ministry of Justice immediately drew attention to the fact that taking housing for debts on loans or for debts on public services will be impossible. Also, the court may change the amount of the penalty in favor of the debtor, taking into account his financial condition, if we are talking about the person who is responsible for the payment of alimony.

Can bailiffs seize the debtor's only home?

It’s worth saying right away that the bailiff can arrest the only housing, the main question is under what conditions and under what circumstances can he do this? The very purpose of the recovery is to control the debtor and deprive him of the right to perform certain actions regarding his living space, these include:

sale of an apartment. As a result, the owner of the property will change, which will entail problems in repaying the debt by the borrower;
entering the premises into the will;
use of housing as collateral;
rental.

If the debtor does not agree with the arrest, he may file a counterclaim. But there are no guarantees that the case will end with his removal of arrest. The debtor must have good reasons for this, for example, living in an apartment Small child. But in this case, the bailiff still has the right to seize, but in order to secure a court decision, and not as a subject of debt collection. In this case, the defaulter will be able to live in a house with his child, but it will no longer be possible to sell or donate an apartment.

Deprivation procedure

To begin with, it is worth understanding what kind of housing will be subject to seizure for debts? According to the amendments, this includes the following categories of housing:

Residential premises with an area exceeding twice the norm for the borrower and all members of his family.
The debtor's apartment may be subject to seizure if he has debts of a personal nature, for example, for harm to health, debts on alimony or credit loans, but only on special conditions or if the amount was taken after the entry into force of the law.
A dwelling whose value is two or more times the market price of another apartment in the same region and with a similar area.

The latest amendments allow bailiffs to establish restrictions on the registration authorities of citizens of the Russian Federation and directly on the debtor, on registration in his own apartment or house of new residents, but only if they are not minors.

Within 1 week after the entry into force of the decision of the judicial authorities to recover the only housing of the defaulter, the bailiff, based on the consent of the debtor, must send him an offer to purchase another premises at the price that the court will set. If the borrower does not give his consent or the bailiff is in no hurry to conclude a contract for the purchase of suitable housing, the apartment will be put up for auction within the next 10 days, at a cost that will be determined by the court. If the premises are not sold, after another 10 days the price may fall in order to increase the likelihood of a sale, but not more than 5% of its original mark. The bailiff can return the house back to the debtor if he has not found his buyer after the secondary auction. But after 12 months, he has the right to go to court again.

If there is such a need, the debtor may ask to increase the minimum amount for the purchase of another dwelling, but the surcharge cannot exceed 20% of the previously established value.

The defaulter has 3 months to purchase a new home. If during this time the issue has not been resolved, all the money goes to the balance of the municipality, then they will be looking for suitable housing for the next 2 months. According to the bill, in order to move to another house, the debtor will have 14 days from the date of purchase of a new dwelling.

Eviction

If the bill is approved, the process of deprivation of the only housing will be applied in isolated cases. This is due to many restrictions and numerous disputes over whether the terms of the bill currently under consideration violate the constitutional rights of citizens of the Russian Federation. After all, the constitution contains a clear wording that everyone has the right to housing, but the payment of debts, except for those provided for by taxation, is not mentioned.

If the Ministry of Justice can prove the absence of deprivation of the constitutional rights of the debtor as a citizen of Russia, the bill will no longer be as controversial as it seems at first glance . The debtor will have to sell his only home, but only if it is not is collateral bank or not taken in a mortgage.

At the moment, the only living space of the borrower is inviolable. But given the already more reasonable improvements, the bill is gradually gaining the necessary strength and confidence. In order for the bailiff to have legal grounds for the arrest and further sale of the debtor's only apartment, the debt amount is sufficient for him, which is at least 5% of the full market value of the apartment or house.

The only housing of the debtor in bankruptcy

The procedure by which the arrest and resale of the only housing will take place in case of bankruptcy has not yet been determined. This issue is still under deep discussion. Even for those who are just about to initiate bankruptcy, the course of action remains unformed.

But according to preliminary data, bankruptcy can play into the hands of the borrower and, in a sense, save his situation. Already, experts recommend that the debtor register in a single apartment if it is registered elsewhere, since according to the law, the court cannot impose a penalty on the bankrupt’s only apartment, but write off debts, in force.

Features and nuances

One of the features of the bill on the debtor's only dwelling is its focus on the protection of minor children. Also, in the latest amendments, it was said about providing judicial protection the rights of borrowers, in the future, claimants, in terms of the execution of a court sentence on the payment of a debt and the rights of a defaulter to their own housing.

The Ministry of Justice draws attention to the fact that there is no talk of any compaction, that is, the creation of a communal apartment or the alienation of part of it in order to accommodate unauthorized persons, in the bill.

If the defaulter still loses his home, the scheme by which the withdrawal process will take place will look like this:

first, the judge issues a verdict in favor of the borrower;
the bailiff begins the procedure for confiscation of the apartment;
as a result, the living space is put up for auction and sold;
at the last stage, the defaulter receives a sufficient amount to buy an apartment that meets the minimum regulatory requirements.

The bill will remain under consideration for some time, and it is not certain that it will eventually be adopted. But it has already been proposed to conduct a similar eviction experiment in any of the regions of Russia in order to check how the proposed scheme works and what improvements it needs.