Problems with Foreclosure on a Citizen’s Only Residential Property in the Russian Federation

Abstract

The relevance of the research topic could be accounted for by the fact that there is an issue of determining the limits of foreclosure on property protected by executive immunity. This article analyzes the current judicial practice of resolving the problem of foreclosure on the only residential premises of a debtor citizen and the resulting need to protect the rights of the creditor and the debtor. The author examines the mechanism of foreclosure on the only residential premises and the procedure for its subsequent implementation, compares the law enforcement practice of the courts of higher instances of the Russian Federation in resolving the designated problems in different time periods.The paper suggests settling the issue via the courts using the housing legislation and the concept of the norm for the provision of living space under a social rental agreement, as well as the economic and legal categories of luxury housing. The suggested solution is going to be instrumental in introducing a unified practice for resolving disputes related to foreclosure on a single dwelling.