A RESIDENCE PERMIT DOES NOT GUARANTEE THAT THE DEBTOR HAS A PLACE TO LIVE

The first Court of Cassation of general jurisdiction, within the framework of considering a specific dispute, in fact, increased the guarantees of protection of the debtor's only home. The Court noted that it is necessary to carefully check whether a citizen has alternative accommodation options. The mere fact that the debtor can be registered elsewhere does not mean that they are ready to accept him there.

In the framework of the case considered by the court, the debt obligations of the citizen exceeded 1.5 million rubles. Then the creditor demanded the arrest and sale of a private house in which the debtor lived. At the same time, the citizen was registered in the apartment of his ex-wife. According to Rossiyskaya Gazeta, the first instance and the appeal refused to recognize the debtor's place of residence as the only housing, but the First Court of Cassation did not agree with them and sent the dispute for a new consideration. The cassation indicated that it was necessary to investigate the possibility of the debtor living together with his ex-wife.

As Yulia Ramzenkova, a member of the Russian Bar Association, noted, this dispute showed an example of an expanded interpretation of legislation. The fact is that this issue is not directly regulated by law, but the court applied an analogy. Lower courts should examine the interpersonal relationship between the debtor and his ex-wife. Correspondence and other legal proceedings, in which the circumstances of their relationship were established, can help to prove the impossibility of their living together. A similar legal position must now be followed by all lower authorities.