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On a question “ What most of all prevents to work to you? “ realtors, as a rule, give the identical answer: “ guardianship Bodies “. This bureaucratic structure formally should watch observance of the rights of children registered in sold apartments. Actually the most part of capital inspectors of departments of guardianship according to realtors simply block fulfilment of transactions for the purpose of reception of bribes. As consider in the Ministry of Education of the Russian Federation, the situation will not change, the separate law regulating activity of bodies of guardianship will not be passed yet.
Problems of the buyer
If you buy the apartment privatised till August, 1994 in which minor children at that point in time have been registered, keep in mind: you can lose this apartment in a judicial order on quite lawful bases. The matter is that in August, 1994 additions in the law " have been passed; About privatisation “ which forbade not to include in number of proprietors of privatised apartment of minor children. Besides, since January, 1st, 1995 the first part of the Civil code of the Russian Federation which article 37 directly forbids to make transactions with apartments in which minors, without the permission of guardianship bodies are registered has come into force.
formally any Muscovite who were to the middle of 1994 by the minor and has lost a capital living space on favour of the parents, can bring an action and return itself the property right to the lost real estate. The head of department of the secondary market of the company “ Miel - real estate “ the Novel of Muradjan considers that potential buyers should refuse flatly purchase of all apartments which have been privatised till August, 1994 with registered in apartment at that point in time children. Does not deny possibility of judicial protest of similar transactions and the chief of department socially - legal protection of children of the Ministry of Education of the Russian Federation Alla Dzugaeva: it is formal all minors deprived of the property rights to the habitation to the middle of 1994, now have real possibilities to return the property right to the lost real estate.
we Will note one nuance: this year the Constitutional court of the Russian Federation has made the decision protecting the rights of diligent purchasers of real estate. That is if you have bought apartment not directly from the family which have deprived the property right to sold real estate of the child, and at people who have got at them this apartment it is formal to you of nothing threatens. But only it is formal, because in the presence of the good lawyer the former minor, whose rights have been broken at apartment sale, has real possibility to seize it in the property.
Problems of sellers
If you the family person and at you is children, keep in mind what to sell real estate belonging to you it will be very uneasy. For this purpose you should address in department of guardianship of the municipal justice and to obtain its permit to transaction fulfilment. The permission will be given out only at observance of some conditions. First of all you should get for yourselves and, by itself, the children the real estate which market cost will be at all less than sold apartment. The estimation will be spent by the inspector of department of guardianship, and by eye, that is as a result you should rely on its loyalty.
but there is more to come. If the head of the family has decided to sell the habitation to buy apartment in the under construction house or in other region of Russia, its chances of reception of the consent of the transaction of bodies of guardianship become minimum. The matter is that guardianship bodies authorise for real estate sale only in the presence of the documents confirming that the owner of sold real estate has got for itself and the child comparable real estate at the price. If it is a question of a new building, registration of the property rights to this real estate probably only after building end. Considering that the majority of new buildings is on sale at a building stage under contracts soinvestirovanija or individual share in the project, obtain the permit to sale of the apartment with simultaneous purchase of a new building parents of minor children cannot at all desire.
the situation with nonresident exchanges is even worse. Formally, while you have not got on yourselves and the child apartment in other region of Russia, bodies of guardianship will not give the permission to sale of apartment belonging to you. But in most cases for acquisition of new apartment money from sale old is required. The vicious circle turns out: Parents of minor children simply have no possibility to change the residence.
All listed above a problem can be solved, and it is very simple. According to the head of a sales department of the realtor company “ the Kutuzovsky prospectus “ Andrey Aleksandrova, about 60 % of capital inspectors of departments of guardianship bribes take, resolving for a certain bribe fulfilment of transactions with apartments in which minors are registered. The rate is insignificant - from $300 to $700. Madam Dzugaeva does not deny that fact that corruption in guardianship bodies has reached total scales, however thus absolutely fairly notices that any criminal case and furthermore litigations on these facts were not.
the reason is simple. According to mister Aleksandrova, realtors have stable relations with inspectors of departments of the guardianship, supported by regular monetary payments. Neither realtors, nor officials are not interested in liquidation of this symbiosis. Though there are also exceptions. First of all they concern cases when appetites of inspectors of departments of guardianship essentially exceed possibilities of realtors. For example, in one of realtor agencies “ to Money “ have told, how one inspector has made to a moving family simply fantastic demands. The family moved from standard two-room apartment the area of 52 sq. m in four-room apartment the area of 150 sq. m. Besides acknowledgement of purchase of new apartment the inspector has demanded, that the family has made the depositary contribution on the son for the sum $10 thousand ostensibly to keep the property rights of the minor not only on bought, but also on the sold apartment.
according to Alla Dzugaevoj, it “ an egregious example of infringement of the legislation “. Nevertheless she recognises that such cases take place, and considers what to struggle with them it is possible only under condition of acceptance of the separate law regulating activity of bodies of guardianship.
It is necessary to admit the obvious fact at once: in spite of the fact that the Ministry of Education of the Russian Federation tries to influence activity of bodies of the guardianship, any real power over them it has no. Guardianship bodies submit to local self-government institutions, in Moscow - to regional municipal justices. In 1994 the ministry has achieved acceptance of amendments in the law “ About privatisation “ in which interests of minors have been considered. In January, 1995 the first part of the Civil code of the Russian Federation in which article 37 in many respects thanks to efforts of Minobraza position about observance of the rights of minor owners of real estate has been included has come into force. Nevertheless supervise delivery of permissions by guardianship bodies on sale of apartments the ministry cannot that, according to madam Dzugaevoj, and generates an arbitrariness of inspectors.
Andrey Aleksandrov also considers that it would be possible to finish confusion and abusings of inspectors of departments of guardianship simply: “ it is Enough to pass the law which rigidly would regulate their activity and did not leave any openings for extortion of money at sellers of apartments “. According to Alla Dzugaevoj, “ acceptance of such law is put in 37 - j to article GK accepted still in 1994. After that we repeatedly left in the State Duma of the Russian Federation with the initiative of adoption of this law. But all is useless. Last time we have addressed with this initiative in committee on the State Duma legislation last year. We and have not received any answer. We perfectly understand that the majority of the Russian bills is lobbied by financial structures which are interested in their acceptance. Unfortunately, social laws do not cause in our deputies of interest “.
the Rights of children
should be noticed that anybody, even the realtors anxious by fulfilment as is possible bolshego quantities of transactions, necessity of observance of the rights of minors does not doubt. According to Andrey Aleksandrova, to the middle of 1994 “ in Moscow the complete outrage reigned. The parents belonging to marginal elements, first of all alcoholics, sold the apartments dirt-cheap, in exchange it bought apartments in Moscow Region and other regions of Russia. Many killed. The most typical example - firm ` Help `, on which to the account six only the proved murders. The most part of these cases became known thanks to casual circumstances. For example, in the end of 1994 one father of family has addressed in militia with the statement for swindle. As he said, for two-room apartment belonging to it 40 boxes of vodka were promised, however has been given only 25 “.
Roman Muradjan considers that process of deprivation of children of the property rights to real estate irresponsible parents has been stopped thanks to the legislative amendments which acceptance the Ministry of Education has achieved. At the same time actions of Minobrazovanija, first of all the instructive letters dispatched in departments of guardianship, became the reason of essential restriction of the rights of parents and total corruption among the officials who are taking up the problems of guardianship. And these problems were directly reflected in the rights of children - about half of the parents, gathering to improve living conditions of the family, refuse acquisition of new apartment after learn about the problems connected with guardianship. Realtors consider that the special law on guardianship will not be passed yet, this situation will remain.