Housing of a citizen of the Russian Federation

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For many years, the parents have been renting housing (for more than 20 years), which belongs to a citizen of Russia, only paying utilities. I have not been in contact with him for many years. During the war, the parents became IDPs and could not pay the commune. services Can the state appropriate such housing because of non-payment of utilities (heating) and because the owner of the apartment is Russian? What is the best thing for parents to do to stay with a roof over their heads? Aim to return. Can parents legally appropriate this home?

01.08.2023 19:41 399

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Photo of sikorsky.y.o Yaroslav Sikorsky

No, the state cannot appropriate housing, just like your parents, but an apartment can be sold by the executive service at a public auction.

Pursuant to Article 48 of the Law of Ukraine "On Enforcement Proceedings", foreclosure on the debtor's property consists in its seizure, seizure (removal of funds from accounts) and forced sale.

Collection of enforcement documents applies primarily to the debtor's funds in national and foreign currencies, other valuables, including funds in the debtor's accounts in banks and other financial institutions. If the debtor does not have funds and other valuables sufficient to satisfy the demands of the debt collector, enforcement is immediately applied to other property belonging to the debtor, except for property that cannot be levied according to the law.

In the event that the amount to be recovered under enforcement proceedings does not exceed 20 times the minimum wage, the collection of the debtor's single dwelling and the land plot on which such dwelling is located shall not be carried out. In this case, the executor is obliged to take measures to implement the decision at the expense of other property of the debtor.

First of all, a foreclosure is applied to a plot of land separate from the house, other premises belonging to the debtor. As a last resort, the collection is applied to the residential building or apartment in which the debtor actually lives.

Along with the residential building, the foreclosure applies also to the adjacent land plot belonging to the debtor. After documentary confirmation of ownership of the immovable property object to the debtor, the executor imposes a seizure on it and enters information about such seizure in the relevant register in accordance with the procedure established by law.

THEREFORE, in the event that the amount of debt for communal services is more than 20 times the minimum wage and there are no funds in the debtor's accounts, the enforcement service can seize the housing and sell it at public auctions, and you, in turn, will be able to buy such housing.

02.08.2023 09:32

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