The norms of the Civil Procedure Code and the Law on Insolvency (Bankruptcy), which make it possible to foreclose on the only housing of a debtor citizen, do not contradict the Constitution. This was decided by the Constitutional Court (CC) of Russia.
The resolution of the Constitutional Court, published on its official website, states that the initiator of the consideration of the case was a native of the Kaluga region, Ivan Revkov. He borrowed money from an acquaintance more than 20 years ago, but never got a return. He filed a lawsuit, but was unable to obtain a recovery. Taking into account indexation, the amount of the debt increased to millions of rubles During the same period, a woman bought an apartment with an area of over 110 square meters and declared herself bankrupt.
In court, Revkov demanded to sell the apartment, but the courts rejected this proposal on the basis of the provisions of the Code of Civil Procedure, prohibiting foreclosure on the only housing of the debtor and his relatives.
After appealing to the Constitutional Court, it was reminded that the prohibition on the collection of a single housing applies only to “reasonably sufficient” living space. The Constitutional Court indicated that it is necessary to change the norms of the Code of Civil Procedure to regulate the “limits of property (performance) immunity in relation to residential premises.”