The Ministry of justice has proposed to mitigate the ban on the removal of a single housing of the debtor

Photo: Ekaterina Kuzmina/RBC

The Ministry of justice has proposed to reconsider the ban on the seizure of the debtor’s only housing. Now only housing the debtor shall be inviolable, the Agency also proposes to allow to take it away if it exceeds the legislative norms in area

The Ministry of justice has developed the bill according to which proposed to leave in force a ban on the withdrawal only housing the debtor only if it does not exceed the legal norm of providing living space. About it reports “Interfax” citing a source in the financial-economic bloc of the government.

The Ministry proposes to amend the code of Civil procedure. At the present time, it established a ban on 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, the legal standard the provision of housing is set by the regions individually. At the moment in Moscow, for example, that 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 at the portal of projects of normative legal acts.

In a statement on the website of the Ministry of justice said that the Ministry develops the bill in order to implement the decisions of the constitutional court, which pointed out that the Federal legislator must define the limits of validity of prohibition on removal of a single housing of the debtor.

The court then considered that should be “to ensure the possibility of satisfaction of property interests of the lender in case when according to its characteristics corresponding to the property obviously exceeds the level sufficient to meet the reasonable needs of the citizen-debtor and members of his family into the dwelling”. At the same time it is necessary “to provide guarantees of preservation of living conditions necessary for normal existence,” says the court’s decision.

The source of “Interfax” adds that the appearance of the bill is also due to the implementation of the concept of state family policy in Russia for the period up to 2025. The document was approved by the government in 2015.

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