THE ARREST OF A SINGLE DWELLING IS NOT PROHIBITED BY LAW

THE ARREST OF A SINGLE DWELLING IS NOT PROHIBITED BY LAW

THE ARREST OF A SINGLE DWELLING IS NOT PROHIBITED BY LAW
The plaintiff (the recoverer of the enforcement proceedings) appealed to the court with a demand to challenge the inaction of the bailiff, expressed in the failure to take measures to seize the debtor's only dwelling.


The courts of three instances refused to satisfy the claims, noting the absence of inaction of the bailiff in the execution of enforcement proceedings, including the non-seizure of an apartment within the framework of enforcement proceedings, since this residential premises was the only one suitable for the debtor to live in, and therefore was not subject to sale.

The Supreme Court of the Russian Federation annulled judicial acts (the definition of the SCAD of the Supreme Court of the Russian Federation dated 07.06.2023 No. 32-KAD23-4-K1) and pointed out that the current legal regulation allows, within the framework of the execution of the judicial act on the seizure of property belonging to the debtor as an interim measure, the arrest of the only residential premises suitable for permanent residence, in including a ban on the order of him.

However, as can be seen from the case materials and is not refuted by the administrative defendant, the bailiff formally limited himself only to sending requests to the registration authorities, establishing a ban on registration actions with respect to the vehicle and seizing bank accounts that lack funds (as follows from the case materials).


Photo: Freepik


24.07.2023