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Sunday, February 11, 2018

The withdrawal of housing declared unfit way of dealing with alimony

“This bill was lobbied by the banks, which initially hoisted the population on the loans, and now they want to Rob people of their property.” With these words, the experts commented on the discussion of the initiative to select a single housing debtors, though only for delinquent child support. There are other arguments against the application of such measures.

“Zero reading” submitted for public discussion by the Ministry of justice of the draft law “On amendments to the Civil procedure code of the Russian Federation, the Family code of the Russian Federation and the Federal law “On enforcement proceedings” (on the issue of foreclosure on a single housing) took place on Tuesday in the Public chamber.

“This bill should not be supported until it is not excluded the option that the debtor can and does remain without shelter”

According to TASS, the Agency proposed to recover only shelter of the debtor in that case, if it is twice the existing rules (from 14 to 18 sq m per person, depending on the region). The whole procedure must be done through the court, after decision of which arrears will be obliged within three months to sell their house and buy a smaller square for the remainder of the money paying off debt. If he cannot do this himself, for that matter will have to come from the municipality. It is also assumed that withdrawals will only be done if the amount owed is not less than 5% of the cost of housing.

Initially it was assumed that under the new law was supposed to fall all debtors – including those who took consumer loans at banks and not paid, or owed large sums for housing and communal services. However, during the discussion in the Public chamber, reports RIA “Novosti”, the Deputy Director of economic legislation Department of the Ministry of justice Denis Novak suggested to try it on malicious defaulters of the alimony.

“Initially, the project concerned only the child support, the Agency cites Novak. – So you can start with this”.

The relevance of the proposed direction was confirmed by those present at the reading, the Deputy Director of the Federal bailiff service (FSSP) Tatiana Ignatieva: “By the end of 2016, we have 874 thousand Executive manufactures about collecting of the alimony payments with a total debt of over 100 billion rubles”, – she said.

However, even these figures did not convince the representatives of the Public chamber is that such problems need to be tackled through housing sales.

“During the discussion, some colleagues talked about the fact that similar methods are used in legal systems of many countries, – said the newspaper VIEW about his vision problems speakers the moderator of the discussion of the bill, the Chairman of the Commission on public control, public expert examination and cooperation with public councils, Public chambers Lidia Mikheeva. But I think that Russia as a social state should be responsible for its citizens and not to enact laws that contribute to increasing social inequality in society. Besides, as it was noticed by one of the participants, such methods can produce such a semi-criminal phenomenon, “business debtors”, when vulnerable people are forced to sell the property”.

Also, according to Mikheeva, the bill does not answer the main question – “who will buy the debtor”, i.e. what are the mechanisms obliging the municipalities to select and to buy flats to such people.

“In General, the conclusion of the Public chamber on the bill is negative, – concludes the expert. – It is impossible to maintain, while not excluded such variant of development of events when the debtor may not be without housing.”

According to Lidia Mikheeva, to deal with the alimony money or the obtaining of housing is useless, since almost all of them execute the property to relatives, provide information on low wages. And the law is powerless against such tricks. A much more effective, in her opinion, there may be restrictions for such people, such as, for example, the existing ban on travel abroad.

With this opinion agree and the Chairman of the Duma Committee on family, women and children Tamara Pletnev:

“I believe that measures such as the withdrawal of housing – this is nonsense, the MP said the newspaper VIEW. – To whom do we inflict this harm? The defaulters of the alimony, as a rule, there are new families, children they are, then why should suffer? You need to look for other methods, such as firmly to bind the company where you work alimony to provide the state with accurate information about their income”.

In turn, the first Deputy Chairman of the Duma Committee on state construction and legislation Mikhail Emelyanov, is not opposed to the proposed bill fell alimony. But he expressed the OPINION the fear about the fact that the main purpose of the draft law – ordinary citizens, who took the consumer credits in banks. And pushes it to the banking lobby.

“Initially, this bill was started under the banks, and of any alimony out of the question, – is convinced the Deputy. – Now claim that he was preparing it for them, but, mind you, are now saying: let’s start with those who do not pay child support. And don’t talk about them and confine ourselves. I am convinced that this bill was lobbied by the banks, which initially hoisted the population on the loans, and now they want to Rob people of their property.”

Emelyanov also believes that the bill lacks clear definitions. “For example, take the concept of “the only housing” – such language in world legislative practice does not exist. But in domestic it is not painted, including the bill and it should be cleared”.

In General, the people’s Deputy believes that the creation of such laws need to be more careful, because their introduction could trigger a rise in the number of persons without a certain residence and marginalization of a certain part of the population.

Despite the criticism, the discussion of the draft law on the issue of foreclosure on a single housing continues – and, according to the plans of the Ministry of justice, it will last until February 12 of this year.


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