The Ministry of Economy intends to speed up the revision of the payment procedure for losing housing

The Ministry of Economy proposes to accelerate the entry into force of the new procedure for the payment of compensation to conscientious owners who have lost the right to housing. In this way, the department intends to execute the decision of the Constitutional Court (COP) on this topic. Although the Constitutional Court has been defended by losing legitimate housing, the new order significantly tightens the grounds for paying compensation - not all owners can get it, but only individuals who have lost the only housing. However, unlike the current practice, the presence of the guilty of the state house will no longer be important for payments.

Photo: Alexander Koryakov, Kommersant / Buy photos

The Ministry of Economy published a draft amendments to the law "On state registration of rights to real estate and transactions with it" (FZ-122) and to the acts related to it. Under this law, the owner of a dwelling who cannot claim him from a bona fide acquirer, as well as a bona fide buyer from whom the housing was selected, have the right to compensation from the budget. Let us explain that it is possible to lose property, for example, due to the actions of a notary public who knew that the transaction is illegal, but assured it. The partner of the Goltsblat BLP law firm Vitaly Mozharovsky notes that such situations often arise due to the fault of the state: "It may be a mistake, abuse or the evil intent of the registrar." It should be noted that compensation in such cases is paid when the person has lost the property for reasons beyond his control, and the harm caused is not recovered within a year. The amount of compensation is not more than 1 million rubles.

For that guy

In June 2015, the Constitutional Court of the Russian Federation recognized this norm of the law to the unconstitutional to the extent that these provisions do not allow the payment to a bona fide acquirer, from which the dwelling was requested, one -time compensation "without reason to bring a competent stateganese accountable (that is, when the guilt of officials is absent or not proven). This decision of the KS made, having studied the complaint of the applicants from whom the apartment was seized in court (the transaction on its sale was declared invalid) and who failed to recover compensation from the registration authorities. The KS indicated that the uncertainty in legal regulation should be eliminated ( see "Kommersant" of June 6 ).

The Constitutional Court figured out a burdensome case

Fulfilling this requirement, the Ministry of Economy decided to use the already developed mechanism. The ministry proposes to replace the unconstitutional norm with another-from the adopted, but not yet entering into force the law "On State Registration of Real Estate" (FZ-218). The norm of compensation available until 2020, which has in it, looks much tougher than the current one. Marina Krasnobaeva, senior lawyer of the Yukov and partners college, notes that under the new law, not all owners of dwelling or conscientious acquirers, but only individuals, will be able to receive compensation. In addition, only persons who have lost the only housing will be able to count on payment. Payment will be only in cases where the enforcement proceedings on the cause of harm were discontinued due to the fact that the violator died or excluded from the Unified State Register of Legal Entities (in the case of a legal entity). The state is also provided with the right to present the regressive requirements for the violator. The Ministry of Economics in its project proposes to introduce all these norms not from 2020, but from the moment of the official publication of the amendments adopted (this can happen at the end of this year or in the next).

“I get the impression that the Ministry of Economics, replacing the article, is trying to accurately state compensation conditions so that it does not look like a compensation that is paid only when the perpetrator is found,” says Vitaliy Mozharovsky. Marina Krasnobaeva adds that "the practice took place so that the courts refused to award compensation, since there was no guilty of the state house - the essence of the changes is that to receive payment the fact of violation on his part will no longer be required."

Evgenia Kryuchkova, Sofya Okun

A million for the homeless