Translated material
The Ministry of Justice decided to review the ban on evicting debtors from their only home
The Ministry of Justice of the Russian Federation has begun developing amendments to the Code of Civil Procedure, which will allow seizing their only housing from debtors if the real estate “clearly exceeds the level sufficient to meet the reasonable need of the debtor citizen and members of his family for housing.”
According to the current rules, as Interfax writes , it is possible to withdraw from the debtor his only housing only if this property is a “mortgage object”. The Constitutional Court demanded from the authorities to clarify these norms for the possibility of “satisfying the property interests of the creditor”.
How exactly it is supposed to change the current norms is still unknown. on the portal of legal acts The text of the bill has not yet been published . The website of the Ministry of Justice notes that "it is necessary to provide guarantees for the preservation of housing conditions necessary for a normal existence."
According to an Interfax source in the government, the bill will limit the ban to only real estate that does not exceed the area norm per person (these norms are different in each region; in Moscow it is 18 square meters per person).
The bill is planned ... to provide state, including judicial, protection of the constitutional rights of the creditor in terms of the execution of a court decision on debt collection and ensure the rights of a debtor citizen to housing. This will also improve the situation of collecting debts from persistent non-payers of alimony and will create conditions for providing a minor child with housing in the event of a divorce of parents.