Monday, January 9, 2017

The Ministry of justice has proposed to deprive the debtors of a single housing – Lenta.ru

the Ministry of justice of Russia has developed a bill that provides for the possibility of foreclosure on the only home of the debtor, reports TASS. Currently there is a ban on such a measure.

the Agency opposes the proliferation of performing immunity for residential purposes, “the dimensions of which considerably exceed the average, and the cost is sufficient to meet property claims of the creditor, without prejudice to the merits of the constitutional housing rights of the citizen-debtor and members of his family.”

According to the DOJ, this would mean not only the desire to protect this right as an observance of exclusively property interests of the debtor to the detriment of the creditor.

Cost of a single housing, which is foreclosed, must exceed twice the cost of the dwelling, which is required by law to him and his family. The size of the housing should also exceed twice the normal area, provided the citizen and his family by law. According to the Housing code, the rule in different municipalities of Russia may vary from 14 to 18 square meters per person.

Recovery can be carried out only if the debtor has no funds and other assets.

According to the draft law, housing, debtor can be sold. Funds remaining after repayment of debt will be transferred to the debtor, he will be given the minimum amount sufficient to purchase new housing. However, if it is within three months can not buy a new home, the amount transferred to the budget of the municipality, who gives the debtor new premises.

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