The lawyer spoke about the confiscation of housing for fictitious registration of migrants

The decision of the Kirovsky District Court of Yekaterinburg, which not only fined a local resident for fictitiously registering nine foreigners, but also confiscated his room for state revenue, is an isolated practice, lawyer Pavel Korniako noted in an interview with Izvestia. However, this approach raises "serious questions" from the point of view of the law.

There is no vice: new conditions for obtaining citizenship will be introduced for migrants

They will have to prove that they have no criminal record in their country.

In legal practice, the confiscation of real estate under Article 322.3 of the Criminal Code of the Russian Federation ("Fictitious registration of a foreign citizen") is taking place for the first time, the expert recalled. So this is more of a judicial precedent.

Usually, in such cases, violators have their mobile phones seized, through which they registered for "Public Services," the lawyer explained. The confiscation of residential premises, in his opinion, is an "unresolved" and controversial measure.

The key issue to be resolved by higher authorities is whether a room can be considered an instrument of crime, similar to a car for a repeat drunk driver. Korniako referred to the resolution of the Plenum of the Supreme Court No. 17, which describes in detail which property is subject to confiscation. The document does not explicitly state that real estate can be recognized as "a tool, equipment or other means of committing a crime."

"I do not think that a residential building can be an instrument of crime in this case," the source said, expressing confidence that the verdict regarding the seizure of real estate would be appealed. The final point in this case should be put by the Supreme Court.

Read more in the Izvestia article:

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