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The only housing - can they take it for debts? Explanations of the Ministry of Justice of Russia

Russia, like any other state, must protect all its citizens. All residents of the country are given certain guarantees. For example, for living in an apartment / room. If this is the only housing - can they take it for debts in favor of the state? Further this particular issue will be considered. He worries many citizens. Especially those who do not pay for utilities or other bills. What can be said about the seizure of the only housing in Russia? Is it true that some residents of the country can be robbed of an apartment?

Constitution and human rights

Actually, answering is a lot harder than it sounds. After all, the topic under study must be considered from different angles.
the only housing can take away for debts

Currently in Russia there is a ban on the withdrawal of single housing. Under no circumstances can a citizen be evicted or taken away property in the form of an apartment / house / cottage / room if the person has nowhere else to live.

Can a bank take housing for debts? If it is the only shelter of the debtor, then no. They will sue the citizen, collect the debt in court, but you don’t have to worry about the apartment.

Future plans

Nevertheless, now the situation with debtors in Russia has reached its peak. People have nothing to fear, they simply do not pay for housing or other accounts, having a single shelter. All this leads to a recession in the Russian economy and the impoverishment of the state treasury.

Therefore, a bill was developed in the country on the deprivation of sole housing for debtors. This news made me think about depositing money into accounts. Already from the title of the bill, we can conclude that some people will be deprived of a single shelter. So far, this law is under development. It has not yet entered into legal force, but the Ministry of Justice of Russia is already commenting on its features. What can wait for people who do not pay bills on time and accumulate debt?

Banks and apartments

Before you understand this, you need to fully clarify the situation that is taking place in Russia today. Can a bank take housing for debts?
debt for utilities

As already mentioned, if we are talking about a single shelter, not a single bank and not a single state organization will be able to encroach on property. Nevertheless, in practice, the removal of housing still takes place.

When exactly? For debt can take any apartment of the debtor, if it is not the only housing. That is, when a family owns several apartments, almost all of them can be taken away. Leave are required to one housing suitable for living in a particular cell of society.

In other words, the seizure of real estate in Russia is a reality. But you need to be afraid of it only for those who have several apartments, houses or rooms suitable for living. As already mentioned, the only house in the country can not yet be taken away.

Bill action

What to expect if the bill comes into force? According to him, the only housing can be taken from the debtors. But under certain conditions. In fact, everything is not as simple as it seems.

The constitutional right of citizens to have a roof over their head cannot be repealed. Therefore, the Russian Ministry of Justice, commenting on the aforementioned development, indicates that they will be able to withdraw the apartment, but in return the debtor will have to offer a new shelter.
Ministry of Justice of Russia

What does it mean? If an apartment is taken for debts, then the state should help a person in acquiring a new home. As indicated in the Ministry of Justice, the judiciary will have to set the amount allocated to the debtor when buying an apartment after the arrest of an old residence.In this case, the defendant will be able to decide on what kind of housing he will live in the future.

In other words, if a single apartment is arrested, the court will help the debtor in acquiring a new apartment. In fact, a person will be provided with new housing at the expense of the past.

Amount of debt

A huge role in the seizure of an apartment is played by the amount of debt. The only housing can take away for debts? Not yet, but if the bill comes into force, a citizen can be deprived of housing under certain conditions.
take an apartment for debts

The Ministry of Justice of the Russian Federation indicates that the amount owed will affect the court decision. Just because the only apartment to deprive a negligent debtor in Russia still can not. This operation will be possible only if:

  • a person will not be able to pay the debt with the available income;
  • Housing significantly exceeds the real needs of the debtor.

Accordingly, if a person lives alone in a spacious "three rubles", but does not pay the bills, they will be able to deprive him of housing. In exchange, an amount will be provided for the purchase of a room or a small apartment that meets the requirements established in the Russian Federation.

Housing Accounting

What else do you need to know about the bill being studied? The only housing can take away for debts under certain circumstances? According to the development of the Ministry of Justice of the Russian Federation, such a right may be granted to judicial authorities.

As it was emphasized earlier, when deciding on the removal of a single apartment, one will have to take into account the amount of debt and the financial condition of the debtor. But that is not all.

If the apartment fully meets the needs of the family, they will not be able to take it away. The market value of the property and its footage will be taken into account. Thus, even a draft law that has been developed will not be able to guarantee that housing will be taken away with debt. The law simply gives the court the right to seize existing property in the form of apartments, rooms or houses with the provision of new housing. At the same time, deprivation of housing is allowed only if the person does not have other property that can be arrested. Such plans were outlined in the Ministry of Justice of Russia.
can a bank take housing for debts

Today, the norm of "squares" of housing per person is from 14 to 18 m2. The bulk of the population lives in apartments of a larger area. Therefore, some malicious accounts payers should reconsider their attitude to debt - if the bill comes into force, a citizen can be deprived of an apartment.

Why take housing

And for what debts can the only housing take away? To date, no government body in Russia has such powers. An apartment can be taken away only if it is not the only place suitable for living with one or another person.

To date, the seizure of property can be imposed for any large debts. As a rule, actions take place with the participation of the court - if a citizen cannot pay the organization and pay off the debt in any way, his property is seized.

So, they can pick up housing for large communal debts, overdue mortgages in large amounts, non-payment of taxes and so on. The main thing is that the debt is large. Small amounts of debt do not provide for the seizure of property. Accordingly, if a family has several apartments and small debts, it is not necessary to be afraid of the arrest of one of them.
Single Housing Deprivation Bill

No property - only registration

All the features listed above were relevant for property owners. But not all citizens have their own apartments, cottages, houses or rooms. Sometimes it happens that a person lives all his life in public housing on the basis of a social contract of employment. Or, for example, a citizen is registered with relatives. What threatens him with the accumulation of debt to the state?

It is not worth fearing that a person will be deprived of the only housing. Has public service debt accumulated? In court, the state will be able to terminate the social contract with the defaulter, but at the same time it will have to provide the citizen with other housing. Nevertheless, they will not be able to drive a person out into the street. It is forbidden.And the mentioned bill of the Ministry of Justice of the Russian Federation will not remove this ban.

After seizure

What will happen to the apartment, which was taken away for the debts of a person, provided that the property was the only housing? An apartment is taken from a citizen for debts and put up for sale. Funds received from the transaction go to repay the debt.

What will happen to the surplus? Funds remaining after repayment of the debt are transferred to the citizen. Within 3 months, the debtor must buy new housing. If this does not happen, the money is transferred to the municipality, which provides shelter to the debtor.

Expert Opinions

What do the Government say about this bill? According to him, a large debt for utilities, accumulated over several years, may become the basis for the removal of the only housing. Even with some reservations, this measure would be contrary to the Constitution.

Experts assure that in the State Duma the bill on deprivation of the only shelter will not receive support. In fact, after that, a person will become a homeless person. All this will lead to the fact that the debtor will not be able to live normally, pay new bills and provide for his family. So far, the bill being studied has been submitted for general discussion. No one knows how the points set out in it will be implemented. So far, there is no information about the entry into force of the law. All these are only plans for the future, which, most likely, will not be implemented in Russia.
property arrest

Summary

The only housing can take away for debts? In Russia, such a measure of punishment is not provided. It is forbidden to take away the only shelter in the country.

The law, allowing to deprive housing for debts, has not entered into force. He, as mentioned earlier, is put on public display for further discussion. Experts believe that the project will not go to the State Duma and will not be accepted. It remains only to wait.


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Vladimir Petrov
Boriska, in conditions of increasing unemployment, many people become insolvent. No one is guaranteed against illness or unexpected retirement (and you know what pensions we have from ordinary people). As a result, until recently, a prosperous person becomes financially insolvent. And here it is .....
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+1
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Boris
It is necessary to adopt a bill so that malicious non-payers for utility bills do not abuse Art. 446 Code of Civil Procedure of the Russian Federation. They work specially not officially and do not pay, as a result of which debts are collected from another owner who does not even live there. And also the rights of the creditor should be protected by this law, utilities also cost money, and this will be a decision to get rid of common-ownership property that prevents other owners from living.
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-7
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Leprosy
This is a catastrophe! We have already experienced so many economic crises in the country, and several of them are artificial. As soon as he starts to raise his head, take out loans hoping for a already good salary like that, the Bach crisis and salary fell 2 times, and you are no longer in a position to not be credited, you distribute everything you took - for nothing and still has to. Ha ha ha here is Russia. Soon we will go to the rich robes for food.
: grinning :: grinning:
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+5
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Anton
If they take away housing, it will cause social tension in a society that is already so great. There’s a great stratification between rich and poor. And people without housing will have nothing to lose! These are dangerous people! They can only take revenge and revenge on the system that brought them to this. Does the appearance of such a layer of people help preserve the safety of society? Let the ruling elite think about it.
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+4
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Yuri Rudyuk
the elite? thieves!
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+2

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