Prohibition of pensioners to dispose of their property without permission of the authorities
During Soviet times, had acted so-called gostosura which blocks the unwanted party publication. Today in our country freedom of speech. It is this phrase that is often covered by irresponsible public statements and illiterate publications that mislead and displease various groups of the population.
Not so long ago, the media reported that for pensioners aged 65-70 years, it is necessary to introduce a ban on the sale and donation of their owned housing without permission from the social protection authorities.
The purpose of the proposal is to protect the elderly from fraud. It turns out, the question of sale of property of the pensioner under control of the state? Today, such a ban applies to incapacitated citizens. Indeed, the removal of housing fraud, and not only in the elderly, is taking place. Housing is resold and former owners cannot defend themselves in court. Is it possible to solve this problem if all the elderly are equated with mentally ill people, while depriving the constitutional right to dispose of property at their own discretion?
The proposal, which involves pre-insanity of large numbers of people, of course, offensive. And to recognize a person incapacitated can only court.
At the same time, an appropriate examination is carried out, and after the recognition of incapacity, a citizen is established custody, and transactions on his behalf are made by a guardian. All these actions are regulated by civil law. But now, contrary to the articles of the civil code, to determine whether a mentally healthy person will be the guardianship authorities. Employees of such organizations are likely to be without medical and legal education, and not to hold the position of a Federal judge, which gives the power to decide whether a person is capable or not, to allow him to sell (give) their housing or not. All this will be under the responsibility of the special guardianship and trusteeship bodies. As a result, this will lead to increased corruption and the seizure of housing by fraudsters. While there are no such organizations, and to create them, you need budget funds.
But, most importantly, this proposal, which allegedly needs to be made in the current legislation, is a gross violation of constitutional human rights. And the laws that are adopted in the Russian Federation should not contradict the Constitution, article 35 of which States that "the right of private property is protected by law." At the same time, everyone has the right to own, use and dispose of it, and only the court can deprive a person of his property. Accordingly, the new proposal also contradicts the Constitution, giving an additional opportunity to seize their property. It should also be recalled that article 55 of the Constitution prohibits the promulgation of laws that abolish or impair rights and freedoms.
It is also proposed to prohibit pensioners from transferring large amounts from their cards and accounts, if they do not explain the purpose of the transfer. If a pensioner wants to spend a large amount, he will need to come or call the Bank to clarify their intentions.
These restrictions also constitute violations of the same article 35 of the Constitution, as well as the law "on combating legalization (laundering) of proceeds from crime and financing of terrorism". Restrictions apply to persons suspected of terrorism, which is difficult to suspect pensioners. Accordingly, on the basis of this proposal, pensioners should be equated with those suspected of terrorism? And the psychiatric examination of owning Bank cards, it turns out, will be carried out by employees of banks? It should be noted that transactions with monetary funds in control of the Federal financial monitoring service, not a banking institution. No less absurd is the suggestion that a pensioner should come to the Bank to inform the purpose of his expenses, especially if the citizen is outside his country and wants to make an expensive purchase.
Presumably, these measures will be to discuss the Moscow city Duma. Innovations do not concern only elderly residents of the capital, so it is necessary to make changes to a huge number of laws, including the criminal code, which is a function of the Federal Assembly. Proposals are illegal, most likely to be rejected. No publication of information about how officials will carry out the inspection of apartment transactions for fraudulent activity. Most likely, to protect the citizens, and of different ages, requires the adoption of certain legislative measures.
Selling a house and making a deal notarially, the owner must present a document that guarantees permanent residence in another house. The area of the new housing must meet sanitary standards.
Such a document should be issued by the owner of another apartment, and a copy certified by a notary, attached to the contract. If the warranty is bogus, in respect of the issuing entity will be prosecuted. The transaction will be considered invalid and it will be cancelled. When the seller leaves for another country of permanent residence, he should provide copies of documents confirming the emigration.
To limit the sale of, in fact, stolen housing, it is necessary that the court within 2 years could recognize the transaction fictitious. The buyer also need to view the documents on the purchase of housing by the seller. Can these be used in if the deal draw up by a notary. The two-year period for the recognition of the transaction as fictitious is specified in the contract. Of course, a notary in the transaction must carefully check the documents. Payments for the purchase must also be made through a notary to his account after the adoption of the documents.
If a gift or rent agreement is concluded, in addition to the relevant conditions, it should indicate the guaranteed place of residence and registration of the donor or recipient of the rent. If these conditions are violated, the contract shall be terminated, if necessary, in court.
To protect the population from the seizure of real estate by fraudsters, it is necessary to take a number of legislative measures without violating the rights of citizens enshrined in the Constitution. The question arises: what is the purpose of a number of media outlets that have spread an absurd proposal that violates people's rights? The provocation of social unrest? Attracting attention to yourself? As you know, everyone is equal before the law. Does this mean that the ban on the free use of their property will apply to pensioners-officials, deputies and oligarchs?
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