Command output
Text: Vladislav Kulikov
Rossiyskaya Gazeta – Federal issue No. 6996 (128)
More than 20 thousand people are awaiting eviction from their apartments
In cases of eviction the bailiffs often have to show strength. Photo: RIA Novosti
New trend: courts started to evict citizens from their apartments for utility debts and poor sanitation. The number of such cases had started to grow.
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According to the Federal bailiff service, four months in the office were more than 20 thousand of enforcement proceedings for eviction.
Many of them flowed smoothly from the past year, as unpleasant procedure is usually stretched. But the fact remains that tens of thousands of people have received the command “with things to exit”. And how many more are on the waiting list here will come after them?
A few days went forever from my (former!) one-room apartment in St. Petersburg chronic debtor of the communal.
To pay the bills interfered with vodka, it went all the money man. In the end, the city government took over the court house, and the debtor moved into the Dorm.
“The apartment was in terrible condition, from the estate housing was just a broken TV and a kettle, – tell in management of Federal bailiff service in St. Petersburg. – To date the man collected its things, the Commission of Executive actions did not interfere. The apartment keys were handed over to representatives of the district administration”.
Of course, this decision became possible because the apartments were not privatized.
“The issue of eviction from the apartments in state or municipal ownership and handed over to the citizen under a social lease contract, problems could be solved simply – explained correspondent “RG” the member of the Commission of the Federal chamber of lawyers on ethics and standards Michael Tolcheev. – The employment contract and the law contain a list of the responsibilities of the employer, in default of which, the contract may be terminated in a judicial order. Contraventions in respect of which the agreement of housing hiring may be terminated, the law considers the violation of the rights of neighbors, destruction and misuse of housing, as well as systematic non-payment of rent”.
And in the city of Kirovo-Chepetsk, Kirov region have recently upgraded three residents of one-bedroom apartments in the Dorm room. The reason is the same – public debt.
In this case, the marshals had to work hard. Peacefully to move the debtors did not want to. Had to use force, almost breaking the door.
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“As the requirements of the judicial police officer-executor was repeatedly ignored by the tenants, bailiffs, together with representatives of gas service, municipal housing Department, claimant – administration MO “the City of Kirovo-Chepetsk was opened premises produced by the forced eviction of citizens from three well-maintained 2-bedroom apartment in room 17 sq. m. in the Dorm”, – told in management of Federal service of court bailiffs of the Kirov region.
However, evicted people not only for debts but also by the persistent requests of the neighbors and even relatives. In Orenburg the court evicted to nowhere 50-year-old alcoholic and a brawler, who lived in a Studio apartment with her mother.
And the mother asked her son to deliver them from the neighbourhood. The man beat her, often left in the street, rowdy.
When bailiffs came to evict him, the man slept alcoholic sleep. Again, no resistance, no cost, but in the end, the man Packed up, took the documents and left once home.
However, it’s a case of out of the ordinary. More often trying to put those people who turns her flat and her whole house in the trash or an animal shelter. Often is one and the same. And the alarm sounding neighbors forced to endure the smells and alien cockroaches.
In Perm at the end of may was evicted from the flat the pensioner, his apartment littered with garbage with garbage. The shelter and the dirt with a woman divided thirty cats.
The neighbors were bombarded with complaints all instances, and in the end the government won a court order of eviction women.
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The pensioner was placed in the centre of social adaptation and cat volunteers was taken to the shelter. The apartment, by the way, was not privatized, which made it easier.
But the owners do not have to be forgotten within its walls.
“The right of ownership is not absolute,” says Michael Tolcheev. – Proprietary rights end where they conflict with the rights of other owners, third parties and break them. Therefore, the law in principle envisages the possibility of limiting constitutional rights such as the right of ownership and the right to housing, albeit in strictly limited circumstances”.
According to him, article 293 of the Civil code establishes the cases and procedure of exemption from the owner of the unclaimed contents of the dwelling. It is his destruction, violation of the rights of neighbors.
First issued an order to eliminate violations, and then dwelling on the decision of the court may be sold at public auction. The money from the sale is transferred to the owner.
“However, you need to understand that the courts are very reluctant to deprive a person of constitutional rights such as the right of ownership and the right to housing,” he says. – The decision to seize and sell at public auction the apartment – a rarity in our practice.
