The Constitutional Court of Russia made a decision on the legality of the seizure of the only housing from debtor citizens.
The Civil Procedure Code in our country prohibits the seizure of the only housing to cover debts from the debtor himself and his relatives. This norm was challenged by Ivan Revkov from Kaluga.
His example is far from the only one in the country: having lent a significant amount of money to an acquaintance, he never saw them again. But the debtor bought an apartment with an area of more than 110 square meters, declared herself bankrupt. And the court refused the plaintiff Revkov to collect the debt.
Recently, the Constitutional Court ruled that the norms of the Code of Civil Procedure and the Bankruptcy Law in some cases allow the seizure of the only housing available from debtors, and this does not contradict the Constitution.
The ban applies to “reasonably sufficient” living space. An apartment with an area of more than one hundred meters does not apply to such. It is another matter when the debtor has a single housing, the area of which is equal to the area of housing received by social rent. Also, when making such a decision, it is necessary to take into account the ratio between the market value of housing and the amount of debt.
The judges of the Constitutional Court note that the legislative norms of the Civil Procedure Code need to be adjusted, although in general they do not contradict the Constitution of the Russian Federation, RIA Novosti reports.