Open AccessCompensation to the Bona Fide Homeowner for the Loss of Residential Premises2
Author(s) -
Dmitry Lorents
Publication year - 2020
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2020.116.7.049-059
Subject(s) - compensation (psychology) , annulment , business , enforcement , law , payment , apartment , impossibility , constitutional court , tort , damages , law and economics , liability , economics , political science , finance , constitution , psychology , psychoanalysis
New rules for compensation to the bona fide houseowner (physical entity) for the loss of residential premises were adopted were adopted on 1 January 2020. Such compensation is not tortious in nature. It is comparable to the real damage or cadastral value of a vindicated apartment. The amount of compensation is now not limited to 1 million rubles, and the period of impossibility of enforcement proceedings against perpetrators has been reduced to 6 months. At the same time, the date of entry into legal force of the court decision concerning the residential premises vindication and the date of the claim of a bona fide citizen for compensation in relation to 1 January 2020 affect the conditions of compensation, the amount of payment, the status of the respondent and the amount of budgetary funds. Taking into account the standing of the Constitutional Court of the Russian Federation in A. N. Dubovets case, it would be fair to assign risks of imperfection of the Unified State Register of Immovable Property (EGRN) to a public legal establishment and provide individuals with absolute protection from public vindication or, at least, envisage the possibility of compensation immediately after vindication without additional court proceedings. However, from the point of view of the economic efficiency of law, the law-maker expressed a preference for a legal model of protection of the original owner in order to discourage commission of offenses in the field of civil turnover of real property. The development of a fair system of compensatory measures for property vindication becomes a general trend in the legal mechanism of protection of civil rights in Russia.