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Wednesday, April 18, 2018

Eviction from the only housing threatens not all debtors


The initiative of the Ministry of justice of depriving debtors of a single housing, at first glance looks scary. On social networks already, a wave of indignation. However, if you read a little further header, you will find that to violate the Constitution, which stipulates the right to a roof over my head, the Ministry of justice does not intend to.

The constitutional court in 2012 acknowledged that the current provision of the law is unfair to creditors that if the debtor only home – a huge mansion for hundreds of millions of rubles, to pay a penalty on him is still impossible.

“Before submitting such a bill, it is necessary to understand how it will be implemented in practice. Today, it looks like an artificially constructed scheme”

It is this injustice has to fight the Ministry of justice. The proposed bill provides for the removal of a single 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 debt exceeds 5% of the property value. The apartment is put up for auction, out of the funds received to extinguished debt, and the remainder is transferred to the debtor so he bought a smaller place (but also to satisfy social norms). If within three months to buy anything failed, the money is withdrawn, the debtor is given social housing.

Thus, changes in the law will affect only those who owe a relatively large amount of money and still lives in a fairly large apartment or house. If you take the example of Moscow, for a family of three people, the social norm is 18 meters per person. While calculating the fees for maintenance and repair adds another seven feet – most likely, this “additive” will be extended to debtors. Thus, the minimum area of the apartment, which can be levied, is 150 metres away. Not so many families of three people live in apartments in one hundred and fifty meters. The cost of the apartment, based on the average price per square meter in 200 thousand rubles to 30 million rubles. It turns out that in order to lose the apartment, you need to owe at least a million and a half.

In the regions, of course, it will be quite other amounts – for example, in Veliky Novgorod square meter costs about 50 thousand rubles, and the social norm of 18 meters without any extra charges. Thus, the birthplace of Russian democracy could hypothetically lose their housing a family of three living in the apartment with an area of more than 108 meters and is indebted at least 270 thousand rubles.

Few people live in apartments (and houses) so a large area and I owe so much relative to the average wage to lose their housing. So, if the law is passed, neither of which “mass eviction of the debtor” of the question will be – it will be isolated cases.

However, the fears of those who are strongly opposed to this bill, is quite clear. For a person who lives alone in an apartment, a social norm is 33 meters. So, 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), he may lose his not-so-big homes.

Thus, the law could theoretically strike not at living in a huge mansion debtors and pensioners living alone, ill versed in the intricacies of the law. The risks are many: the constant change of tariffs for utilities; aggressively advertise microcredit organization, writing the actual terms of the loan in small letters; the scammers “cram” pensioners vacuum cleaner and the “cure-all” for thousands of dollars – end up being the largest debtor can all of a sudden for almost any a single pensioner.

In the 90-ies there were hundreds concerning legitimate ways to deprive a person of the apartment, and the legislator has done a lot in order to close these loopholes. How to be protected from abuse the new law is not yet clear.

Also raises questions the idea to give the remainder of the debt repayment after the sale of the apartment money on hand to the debtor so he bought a new home. If the person brought the situation to the sale of his only property, so the financial discipline he had quite bad – and the reason is not so fundamental.

It is possible that within three months, the municipality finds that the money squandered, no shelter and will be forced to provide social housing without any compensation. And the majority of Russian municipalities is very 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. For sale by conditional market or appraised price of the apartment may be sold for months, if not years – and the debt will grow. If to allow to sell the property at below market price or estimated inevitable abuse.

Also, perhaps, the law should clearly specify that double social norm for the forced sale of housing can not be reduced. Otherwise, over time, lobbyists for banks and other credit institutions will ensure that it will first reduce it to a rules, and there is one meter of excess singmy will be enough for you to lose property over debts.

Thus, the initiative of the presidential Council for civil society and human rights Mikhail Fedotov about the need to “break-in” law in one of the regions looks absolutely correct. Recall, Fedotov said: “Before submitting such a bill, it is necessary 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 the loans, but his relatives are not always related to such debts.

About the same said press Secretary of the President Dmitry Peskov. The bill is one of the working proposals, which “shall be subject to detailed study from the point of view of law enforcement,” he said. In this matter, “to collect the views of many parties,” said Sands.

In previous years, Russia had done a lot to alleviate the situation for people caught in difficult life circumstances – and bad debts in other cases appear very rarely. It has severely restricted the activities of collectors, did not disdain illegal methods. Adopted the law on bankruptcy of physical entities.

It is important that the initiative of the Ministry of justice applies only to those owning expensive property, refuses to pay its obligations to not worsen the situation “normal” debtors. To hurry with the adoption of such a law is impossible in any case.

source

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