RusBankrot
We know everything about bankruptcy
03/03/2026
Tuesday
THIS DAY IN HISTORY:
3 March 
1933 Hitler proclaimed the formation of the Third Reich.
1933 Hitler proclaimed the formation of the Third Reich
1878 The principality of Great Bulgaria was formed as part of the Ottoman Empire.
1878 The Principality of Great Bulgaria was formed as part of the Ottoman Empire
1613 16-year-old Mikhail Fedorovich was elected to reign and became the first tsar in the Romanov dynasty.
1613 16-year-old Mikhail Fedorovich was elected to rule and became the first Tsar of the Romanov dynasty
3 March
1933 Hitler proclaimed the formation of the Third Reich.
1933 Hitler proclaimed the formation of the Third Reich
1878 The principality of Great Bulgaria was formed as part of the Ottoman Empire.
1878 The Principality of Great Bulgaria was formed as part of the Ottoman Empire
1613 16-year-old Mikhail Fedorovich was elected to reign and became the first tsar in the Romanov dynasty.
1613 16-year-old Mikhail Fedorovich was elected to rule and became the first Tsar of the Romanov dynasty
EXECUTIVE IMMUNITY AND A REASONABLE NEED FOR HOUSING
The debtor applied to the court for the exclusion from the bankruptcy estate of a share in the right of common shared ownership of the apartment (case no. A03-481/25).
In rejecting the petition, the courts of two instances pointed out that the apartment is not the only residential space suitable for permanent residence for the debtor and his family members, their housing rights have not been violated, and the co-owner of the apartment has the right to buy out the debtor's share at the bid price, without bidding based on the terms of civil legislation.
The cassation sent the dispute for reconsideration, pointing out that the courts had not checked the living space for compliance with the standards of ensuring each family member with the minimum size of the living space, based on which the size of the total area of the living space provided under the social rental agreement is determined.
The courts refused to exclude the debtor of the apartment from the bankruptcy estate, but did not take into account the legal position that the court can extend executive immunity to several real estate objects if they are actually used jointly and do not exceed a reasonable need for housing. Thus, when considering petitions for exclusion of residential premises from the competitive mass, the courts incorrectly applied the norms of law and the legal positions of the highest judicial instances, and did not establish legally significant circumstances essential for the proper resolution of the present dispute.
Photo: Freepik
In rejecting the petition, the courts of two instances pointed out that the apartment is not the only residential space suitable for permanent residence for the debtor and his family members, their housing rights have not been violated, and the co-owner of the apartment has the right to buy out the debtor's share at the bid price, without bidding based on the terms of civil legislation.
The cassation sent the dispute for reconsideration, pointing out that the courts had not checked the living space for compliance with the standards of ensuring each family member with the minimum size of the living space, based on which the size of the total area of the living space provided under the social rental agreement is determined.
The courts refused to exclude the debtor of the apartment from the bankruptcy estate, but did not take into account the legal position that the court can extend executive immunity to several real estate objects if they are actually used jointly and do not exceed a reasonable need for housing. Thus, when considering petitions for exclusion of residential premises from the competitive mass, the courts incorrectly applied the norms of law and the legal positions of the highest judicial instances, and did not establish legally significant circumstances essential for the proper resolution of the present dispute.
Photo: Freepik
19.01.2026
