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Жиль и жульё. Верховный Суд об иммунитете единственного жилья в банкротстве

Цивилистика. 2020. № 5. С. 139-152.
Тай Ю. В., Будылин С. Л.

According to the Russian procedural law, the debtor cannot be taken away from his only home in the framework of enforcement proceedings.

"The collection of enforcement documents may not be applied to the following property belonging to a debtor citizen on the right of ownership:

premises (its part) if for the citizen debtor and members of his family jointly living in belonging premises, it is the only one suitable for permanent living quarters, except as provided in this paragraph of the property if it is mortgaged and it is in accordance with the law on the mortgage can be foreclosed..." (p. 1 item 446 of GPK)

The same rule applies in bankruptcy – the only housing can not be touched.

The rule is generally quite reasonable: it would be cruel and unwise to simply kick the debtor and his family out on the street. But what if the debtor's only home is a Palace on Rublyovka, and he has no other assets? Wouldn't it be fair to sell the Palace for settlements with creditors, and give the debtor and his family an apartment in Maryina?