The head of the Federal bailiff service has assessed the legality of the proposal of the Ministry of justice to deprive the debtors of housing – RBC

Photo: Alexander Drozdov/Interpress/TASS

the Proposal of the Ministry of justice on partial resolution to sell for debts a single housing debtors to the Constitution and does not violate the rights of citizens, said the head of the Federal bailiff service Arthur Parfenchikov

the Bill of the Ministry of justice which partially permits the removal of a single housing for the debts, does not violate the constitutional rights of citizens for housing, said the Director of the Federal bailiff service Artur Parfenchikov.

“the Proposed bill under foreclosure provides for a guarantee of housing, but within the limits of established standards”, — wrote in his Twitter Parfenchikov. The recording was made as a response to a remark of the former children’s Ombudsman Pavel Astakhov, who wrote that “the Russian Constitution guarantees everyone the right to housing. But the duty “to pay debts” is not there, except taxes,” in addition, Astakhov called the bill a “highly controversial” as it can “to make Homeless those who have no means.”

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Parfenchikov also noted that the law was adopted “in accordance with the provisions of the Constitution” and “the Ministry of justice complies with the constitutional court, which obliged some years ago to establish a procedure”.

the bill, which is published on the Federal portal of projects of normative legal acts, provided that to sell only shelter of the debtor will be subject to two conditions: if the premises two times higher than the legislatively approved standard for the debtor and his family, and the cost — twice the cost of the dwelling, which relies them by law.

In this case, the debtor should not be money and any other property that could be sold to repay the debt.

the Controversy surrounding the bill have been ongoing since November of 2016, when it was published for public comment. The Ministry of justice has proposed to amend the code of Civil procedure, as it is currently written prohibits the removal of a single housing of the debtor and his family. The exception is made only for property that is subject of the mortgage.

According to the Housing code of the legislative standard for housing set by the regions individually. At the moment in Moscow, for example, it is equal to 18 sq m per person.

“currently, violations of the rights of creditors (claimants) because it prohibits foreclosure on residential premises (its part) if for the citizen debtor and members of his family jointly living in belonging to him by right of ownership residential premises, it is the only one suitable for permanent living quarters. In addition, there is a difficult situation with debts under the alimony, and also violated the rights of minor children to ensure their premises when parents divorce”, — stated in the documents on the bill available on the portal of projects of normative legal acts.