They will remain with their own people: they will be forbidden to seize land and a car from those with many children for debts
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- They will remain with their own people: they will be forbidden to seize land and a car from those with many children for debts
Land plots granted by the state as a measure of support for large families will be prohibited from being taken away for debts. The mechanism will be extended to the family's only car. Such a bill from the Ministry of Justice must be approved by the Cabinet of Ministers. The share of large families with a credit burden is about 70%, experts say. According to the authors of the bill, such a restriction on withdrawal would be a useful measure of support. How the norm will work is in the Izvestia article.
What support measures do they want to introduce for large families
The list of property belonging to large families, which cannot be foreclosed on according to executive documents, will be expanded. Such a bill, developed by the Ministry of Justice, was approved on Monday, September 30, by the government commission on legislative activity, a source in the Cabinet of Ministers told Izvestia.
Amendments may be made to article 446 of the Code of Civil Procedure, Vladimir Gruzdev, Chairman of the Board of the Russian Bar Association, told Izvestia.
"It is proposed to establish that foreclosure cannot be levied on a land plot provided to a large family for free as a measure of social support," he explained. — It also concerns the share in the right to such a plot. However, if this land plot is the subject of a mortgage, then the restriction does not apply.
In addition, foreclosure cannot be levied on the only vehicle of a large family.
— If a large family has only one vehicle, which belongs to the debtor or a member of this family by right of ownership, or if it is jointly owned, then foreclosure cannot be levied on it either.
According to Vladimir Gruzdev, the changes are aimed at protecting basic social guarantees for large families, while preserving their vital assets.
There are more than 2.6 million large families in Russia today (250,000 more than a year ago), with 7.7 million children, said Igor Rastorguev, a leading analyst at AMarkets.
"Currently, legislation protects the debtor's only housing from foreclosure if it is not mortgaged and is not considered luxurious, items of ordinary household furniture, food, and means of subsistence," he explained.
Ekaterina Kosareva, Managing Partner of the VMT Consult analytical agency, noted that the share of large families with a credit burden is about 70%. Now a plot of land is the property that bailiffs can confiscate for debts. Along with a cottage, garage or car, jewelry and objects that have artistic value, household appliances and furniture.
"Confiscation may not happen if monthly deductions of 30-50% of salary are enough for compulsory repayment of debt and a normal life for the family," she added. — At the same time, according to the law, they will not be able to take away the only housing that is not burdened with a mortgage or is not secured, personal belongings, devices and tools that help earn money, such as a sewing machine, livestock, if the family's livelihood depends on it, religious items, food, awards. They will also not be able to seize items that do not belong to the family, even if they are in their apartment.
Are amendments needed?
Tatiana Butskaya, First Deputy Chairman of the Committee on Family Protection, Fatherhood, Motherhood and Childhood, supported the initiative of the Ministry of Justice.
— The idea is correct, since everything that the state provides as a measure of support should remain with a large family, — she said. — It is important to note that the plots that are being allocated must be habitable and they definitely cannot be withdrawn. The same applies to cars, especially if the car was given to the family as a gift from the state, it is absolutely impossible to take it away. No matter how the situation develops, children should not suffer. A house and a car, especially the only one, are not luxuries, but essential objects.
The approach aimed at supporting large families is correct, the deputy stressed.
—But at least it is necessary that in all regions all regional measures to support large families are carried out without taking into account the need," she added. — Now it works only in half of the regions. Transportation and land are not a whim for many families: transporting children to school or medical care, a household on the land that feeds the family are all vital necessities for most large families," the press service of the National Association of Professional Collection Agencies (NAPCA) told Izvestia.
— Initially, the initiative lies in the philosophy of the modern professional market, which now stands for the most environmentally friendly methods of recovery, — they said. — In addition, the need to maximize the share of pre-trial recovery has been repeatedly discussed at various levels, which initially involves reaching agreements that suit both sides and paying off the debt on their own without involving the court and the risk of being left without property.
Now, as noted in the association, the course is set precisely for pre—trial settlement - at least 80% of all debts in the work are at this stage.
— However, if a person does not get in touch and does not make contact, then the creditor has only one option left — going to court. After the decision is made, the case is transferred to bailiffs, who deal with issues including the search and seizure of property to repay the debt," the NAPCA explained.
The draft law of the Ministry of Justice on expanding the list of assets of large families protected from foreclosure is a logical continuation of the state policy of supporting families with children, Igor Rastorguev noted.
"This does not mean that families with many children will be able to avoid paying their debts with impunity," the expert added. — Recovery is still possible through deduction of up to 50% of salary, through the sale of other property that is not subject to immunity.
The initiative concerns the protection of the basic living conditions of a family with children, so that temporary financial difficulties do not deprive them of housing and minimal mobility. With the growing number of large families in the country, such support seems justified and timely, experts say.
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