Имущественный иммунитет на единственное жилое помещение гражданина: обеспечение баланса прав кредиторов и должников

Abstract

The article analyses the position of the Constitutional Court of the Russian Federation on the problem of ensuring of rights of creditors and debtors while applying the immunity of property against arrest of the only living quarters. According to the definition of the notion “evident excess of reasonable need in living quarters”, the author concludes that this criterion may be applicable only on condition that the law will fix two values of housing that is calculated in living space per person: minimally required and excessive. At the same time the author tells that the present normative regulation guarantees enough the preservation of balance between constitutional rights of debtors and creditors and any changes in law may cause risk of abuse of rights from the part of creditors. The best way would be to let arrest the only housing of a debtor-citizen only in the context of procedure of bankruptcy of citizens.