Issues of observing the constitutional rights of citizens to housing when determining the grounds for excluding residential premises as the only housing in bankruptcy cases
Автор: Kornienko E.K., Stupina S.A.
Журнал: Вестник Сибирского юридического института МВД России @vestnik-sibui-mvd
Рубрика: Взгляд. Размышления. Точка зрения
Статья в выпуске: 1 (54), 2024 года.
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The article considers the issues of the content of the constitutional right to housing in the Russian Federation through the prism of its regulation and protection within the framework of sectoral legislation when determining the limits of the executive immunity of the only housing of a debtor citizen in a bankruptcy case. Based on a comprehensive analysis of the provisions of the Constitution of the Russian Federation, civil, housing and enforcement law and the legal regulation of the institution of bankruptcy, as well as taking into account modern law enforcement practice, it is determined that the fundamental criterion for ensuring a fair balance between the property interests of creditors and the personal rights of the debtor in determining residential premises to be excluded in bankruptcy proceedings as the only housing in the presence of several residential premises in the debtor’s ownership, is a priority for the protection of the constitutional right to housing.
Constitutional right to housing, judicial protection, bankruptcy of a citizen, executive immunity, the only housing, abuse of right, balance of interests of the debtor and creditors
Короткий адрес: https://sciup.org/140303966
IDR: 140303966