The litigation with the State Housing Fund under the President of the Republic of Tatarstan has been conducted for more than a year by two Kazan single mothers with varying success. Women are sure that GZF violates the terms of the social lending agreement and wants to take more money from them, but they have not only a hundred thousand, but every penny in their account ...

When I entered into a social loan agreement, I had one child - a daughter, - Zoya Krasnova told the Vechernyaya Kazan correspondent. - We lived in a hostel on Ershov - the same one that collapsed in 2002. And in 2006, under a mortgage agreement, we were provided with an apartment in a house on Glushko Street. According to the decree of the Cabinet of Ministers of the Republic of Tatarstan No. 188 of April 15, 2005, during the period while the social loan is paid, the family is entitled to state support in the amount of 200 thousand rubles at the birth of a child. This money is transferred to the mortgage account. According to the contract, you can pay for the so-called children's meters, based on the rate of 18 "squares" per person.

Krasnova's contract with the social-mortgage consumer cooperative "Building the Future", which acted on behalf of the GZHF, contains clause 3.2.10, according to which "children" square meters paid at the price in effect at the time of the conclusion of the social security agreement. In 2012, Zoe had a son. 200 thousand from the budget were transferred to her account, as it should be, but GZhF accepted the money as payment for "children's" meters at a new price. The difference turned out to be significant: if the initial price per square meter was 15,900 rubles, then in 2012 it reached 23,890 rubles.

As a result, the number of "children's" meters paid for with the help of the state subsidy also decreased: according to the terms of the contract and the then price of the "square" Krasnova had to write off the cost of 12.6 square meters. m, and only 8.4 were written off.

Another former resident of the collapsed hostel on Ershov, Albina Arisova, who gave birth to a daughter in 2013, found herself in the same situation. Since at that time the price per square meter was already 26,068 rubles, Arisova was able to pay with state money even less "children's" meters - 7.7.

Women, having reread the agreements with the cooperative "Building the Future", decided to defend their rights. And the Vakhitovsky District Court in 2015 satisfied the claims of Krasnova and Arisova about forcing the GZF under the President of the Republic of Tatarstan to the proper execution of contracts social mortgage... The GZF contested this decision, but it also survived in the appellate instance. And GZF, on the basis of this decision, even credited them with the payment of "children's" square meters at the initial cost.

Everything collapsed after the GZF filed a supervisory complaint with the Supreme Court of the Republic of Tajikistan. The Presidium of the Supreme Court of the Republic of Tatarstan ruled that “the use of measures of social support for families in the event of a child's birth in the amount of 200 thousand rubles. was initially associated by the legislator only with the unpaid part of the dwelling at the time of the child's birth, and not with the initial cost of 1 sq. m ". At the same time, according to the resolution of the Presidium of the Supreme Council of the Republic of Tatarstan, “the cost of the unpaid part of the dwelling increases at the rate of 7 percent per annum monthly ...”, which, “in essence, is a payment for using the mortgage,” while the contract is not provided for "... With this view of the situation, it turned out that the clause of the contract with the socialists, in which the words" at the initial cost "are written in black and white, does not oblige GZHF to anything. As a result, the decision of the Vakhitovsky District Court was canceled and a new one was issued - in favor of the GZHF.

And in the fall of this year, the GZHF filed a lawsuit against single mothers, who by this time received certificates that the mortgage had been paid, and the ownership of the apartments had been registered. GZF demanded to cancel the certificates, cancel the registration of property rights and collect from Zoya Krasnova and Albina Arisova a debt - the difference between the initial cost of "children's" square meters and their cost at the time of the birth of children, as well as interest on this debt.

Yesterday, the Sovetsky District Court satisfied the claims of the Civil Law Fund, however, in part: it was decided to collect money from Krasnova and Arisova, to cancel the mortgage payment certificates, but not to cancel the registration of ownership.

Single mothers intend to challenge this decision.

The GZHF did not sue our neighbors, who, just like we, achieved recalculation for the "children's" meters according to the agreement, did not collect money from them, - says Zoya Krasnova. - Agreements with them and with us are the same. Why did they fulfill the terms of the contract with them, but in relation to us they violated? For us, single mothers, to pay 100 - 150 thousand rubles is an almost impossible task, we already deprived ourselves and our children in everything, while we were paying for the mortgage ...

The representative of Krasnova and Arisova, lawyer Elena Mikhailova, told the VK correspondent that, in her opinion, the government of the Republic of Tatarstan made a not very correct decision from the outset - to provide state support in monetary form to social workers at the birth of children:

Payment of money puts people in an unequal position. Taking into account inflation, it turns out that whoever took out a mortgage earlier, who gave birth to a child earlier, will receive more free square meters. If support at the birth of a child was provided not in rubles, but immediately in meters, then all families would be in an equal position and there would be no legal disputes.

On termination of a social mortgage agreement, recovery of losses and compensation for moral damage

In case No. 33-7285 / 2012

Accepted By the Supreme Court of the Republic of Tatarstan

1. Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Tatarstan, composed of
2. presiding judge Galieva A.S.,
3. judges Sazonova V.G. and Kalimullina R.Ya.,
4. with the secretary of the court session S.R. Karimov,
5. considered in open court on the report of Judge Sazonova.The.G. civil case on the appeal of the Non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" against the Decision of the Buinsky City Court of the Republic of Tatarstan dated April 17, 2012, which resolved:
6. satisfy the claim.
7. Declare terminated the social mortgage agreement<данные изъяты>, concluded between Sadrieva D.D., acting on her own behalf and on behalf of her minor children FULL NAME1, FULL NAME2, Sadrievym R.A and the non-profit organization "State housing fund under the President of the Republic of Tatarstan."
8. To collect from the Non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" in favor of R.A. Sadriev. and Sadrieva D.D. .... rubles .... a penny of the deposit paid under the social mortgage agreement<данные изъяты>, losses in the amount of .... rubles .... kopecks, the cost of assessing the cost of finishing the apartment in the amount of .... rubles.
9. To recover from the Non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" compensation for moral damage in favor of R.A. Sadriev. in the amount of ... rubles, in favor of D.D.D. .... rubles.
10. Collect from the Non-Profit Organization "State Housing Fund under the President of the Republic of Tatarstan" in favor of<данные изъяты>payment for a forensic construction and technical examination in the amount of .... rubles.
11. To collect from the Non-Profit Organization "State Housing Fund under the President of the Republic of Tatarstan" a fine for non-voluntary compliance with consumer requirements in the amount of .... rubles .... a kopeck to the budget of the Buinsky municipal district of the Republic of Tatarstan and state fee in state revenue in the amount of .... rubles .... kopecks.
12. Having checked the case materials, having discussed the arguments of the appeal, having heard the representative of the non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" FULL NAME3, who supported the complaint, the representative Sadriev R.A., D.D. - FULL NAME4, objected to the arguments of the complaint, the judicial board

13. Installed:

14. Sadriev R.A., Sadrieva D.D., acting also in the interests of minor children FULL NAME2, FULL NAME1, filed a lawsuit against the non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" -the mortgage cooperative "Building the Future" (hereinafter referred to as the SIPK "Building the Future") on termination of the social mortgage agreement, compensation for losses.
15. In support of the claim, it is stated that<дата>a social mortgage agreement was concluded between the parties, in accordance with the Protocol of participation, selection and transfer of the future own apartment of a citizen from<дата>the plaintiffs were given an apartment for use, located at:<адрес>
16. In the summer ... of the year, hidden flaws were revealed in the apartment in the form of through cracks in the walls, as well as cracks in the ceilings and floors. Since the indicated apartment is unsuitable for living, the plaintiffs, referring to the norms of legislation on consumer protection, asked the court to terminate the social mortgage agreement from<дата>in connection with a significant violation of the terms of the contract and violation of the conditions on the quality of the apartment, as well as to compensate for the losses incurred by them in connection with the repairs made in the apartment in the amount of .....
17. Plaintiffs Sadriev R.A. and Sadrieva D.D. the lawsuit was upheld in court.
18. The representative of the NGO "GZhF under the President of the Republic of Tatarstan" did not admit the claim.
19. The representative of the SIPK "Building the Future" did not appear in court.
20. <данные изъяты>FULL NAME5 the claim is not recognized.
21. Third party representative<данные изъяты>FULL NAME6 the claim is not recognized.
22. Third party representative<данные изъяты>did not appear in court.
23. The court satisfied the claims and rendered a judgment in the above wording.
24. The appeal of the NGO "GZhF under the President of the Republic of Tatarstan" raises the question of canceling the court decision on the grounds of its illegality and groundlessness. The complaint states that the court has not identified specific guilty persons (third parties), the foundation has not been guilty of deficiencies. As regards the recovery of damages, he notes that the plaintiffs, knowing about the shortcomings of the apartment and not living in it, incurred the costs of finishing it. He also points out that the court unreasonably applied the norms of the Law "On Protection of Consumer Rights", since the fund is not a seller of goods, the plaintiffs did not apply to the fund with a demand for voluntary payment of the penalty. The penalty is to be awarded in favor of the consumer.
25. In objection to the appeal Sadrieva R.A., D.D. asked to leave the decision of the court unchanged, consider the appeal unfounded. It is believed that the legal relationship that arose between them is governed by the provisions of the legislation on the contract of sale and on the protection of consumer rights. Responsibility should be borne by the NGO "GZhF under the President of the Republic of Tatarstan", and not by third parties who are the developer and contractor. An agreement on the sale of an apartment with payment by installments was concluded with the defendant. Also, the court legally recovered from the defendant the losses incurred by them and a fine to the income of the local budget.
26. Sadrievs R.A., D.D., representatives of SIPK "Building the Future",<данные изъяты>, <данные изъяты>,<данные изъяты>at the hearing of the court of appeal did not appear, duly notified, information about the reasons for failure to appear was not reported.
27. Since there is no information about the presence of significant obstacles to their participation or their representatives in this hearing, taking into account the views of representatives FULL NAME3 and FULL NAME4, the judicial board considers it possible to consider the case in their absence.
28. The panel of judges, having examined the materials of the case, the arguments of the appeal, considers that the decision of the court should be left unchanged on the following grounds.
29. According to article 309 Civil Code Russian Federation Obligations must be performed properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with the customs of business or other usually presented requirements.
30. The preamble of the Law of the Russian Federation "On Protection of Consumer Rights" states that this Law regulates relations arising between consumers and manufacturers, performers, importers, sellers when selling goods (performing work, rendering services), establishes the rights of consumers to purchase goods (works, services) of proper quality and safe for life, health, property of consumers and the environment, obtaining information about goods (works, services) and about their manufacturers (performers, sellers), education, state and public protection of their interests, and also determines the implementation mechanism these rights.
31. consumer - a citizen intending to order or purchase, or ordering, purchasing or using goods (works, services) exclusively for personal, family, household and other needs not related to entrepreneurial activity
32. In accordance with paragraph 1 of Article 4 of the Law of the Russian Federation "On Protection of Consumer Rights", the seller (performer) is obliged to transfer to the consumer goods (perform work, provide a service), the quality of which corresponds to the contract.
33. By virtue of the provisions of paragraph 1 of Article 18 of the Law of the Russian Federation "On Protection of Consumer Rights", if defects are found in the product, if they have not been agreed by the seller, the consumer has the right to: demand replacement for the product of the same brand (the same model and (or ) article); demand replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price; demand a commensurate reduction in the purchase price; demand the immediate gratuitous elimination of defects in the goods or reimbursement of expenses for their correction by the consumer or a third party; refuse to execute the contract of sale and demand the return of the amount paid for the goods. At the request of the seller and at his expense, the consumer must return the defective product.
34. At the same time, the consumer has the right to demand also full compensation for losses caused to him as a result of the sale of goods of inadequate quality. Losses are reimbursed within the time frame established by this Law to meet the relevant consumer requirements.
35. According to Article 15 of the Law of the Russian Federation "On Protection of Consumer Rights", moral harm caused to the consumer as a result of violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights stipulated by the laws and legal acts of the Russian Federation regulating relations in the field of protection consumer rights, is subject to compensation by the inflictor of harm in the presence of his fault. The amount of compensation for moral damage is determined by the court and does not depend on the amount of compensation for property damage.
36. Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.
37. According to parts 1, 2 of article 469 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer the goods, the quality of which corresponds to the contract of sale.
38. In the absence in the contract of sale of conditions on the quality of the goods, the seller is obliged to transfer to the buyer the goods suitable for the purposes for which the goods of this kind are usually used.
39. In accordance with clause 2 of Article 475 of the Civil Code of the Russian Federation, in the event of a significant violation of the requirements for the quality of the goods (detection of fatal deficiencies, deficiencies that cannot be eliminated without disproportionate costs or expenditures of time, or are revealed repeatedly, or appear again after their elimination, and other similar shortcomings), the buyer has the right, at his choice, to refuse to fulfill the contract of sale and demand the return of the money paid for the goods or demand the replacement of the goods of inadequate quality with the goods corresponding to the contract.
40. By virtue of the provisions of Article 476 of the Civil Code of the Russian Federation, the seller is responsible for the defects of the goods if the buyer proves that the defects of the goods arose before it was handed over to the buyer or for reasons that arose before that moment.
41. As can be seen from the materials of the case,<дата>between SadrievaD.D., acting on her own behalf and on behalf of her minor children FULL NAME1, FULL NAME2, Sadrievym R.A and NO "GZhF under the President of the Republic of Tatarstan" represented by SIPK "We are building the future", a social mortgage agreement No. according to which the citizen is given the right to choose, "the right to use" and the opportunity to obtain ownership of the "future own apartment" invested by a specialized non-profit organization. Registration of ownership of a citizen is carried out on the basis of an attorney's certificate of the payment of a share issued after crediting to the current account of a specialized non-profit organization"State housing fund under the President of the Republic of Tatarstan" 100% of payments for the future own apartment, received in the form of deposits.
42. <дата>between the NGO "GZhF under the President of the Republic of Tatarstan" and<данные изъяты>contract No. ... was concluded, according to the terms of which the fund invests and instructs, and<данные изъяты>undertakes to perform (carry out) the functions of the customer within the framework of the contract, to ensure the implementation of the project, construction works and proper, timely commissioning of the disputed residential building according to the approved project documentation.
43. According to clause 4.1.4 of the said agreement, the fund had the right to accept work without verification, with the possibility of subsequent verification and presentation of requirements for the elimination of deficiencies identified during the construction and operation of the facility.
44. In turn<данные изъяты>who is the customer of the construction, and<данные изъяты>concluded a contract No. .... of a work contract for the construction of a residential building at the specified address. In accordance with the terms of the contract<данные изъяты>assumed the obligation to carry out the construction, commissioning and warranty service of the facility with its own and outsourced efforts.
45. According to paragraph 2 of clause 4.17 of the said contract, harm caused to physical and legal entities, due to admitted shortcomings, deviations from the project, current SNiP, the use of materials and equipment that do not comply with the current GOST, TU is compensated<данные изъяты>.
46. Upon completion of construction between the Sadrievs R.A., D.D. and NO "GZhF under the President of the Republic of Tatarstan"<дата>the protocol of participation, selection and transfer of the future own apartment was signed, which is an integral part of the social mortgage agreement.
47. According to the protocol of participation, selection and transfer of a future own apartment to the plaintiffs under a social mortgage agreement, an apartment was transferred for use, located at:<адрес>After signing the protocol of participation, selection and transfer of the future own apartment and the repair carried out by the Sadrievs R.A., D.D. latent flaws were found in the form of through cracks in the walls, cracks in the ceiling and floor.
48. According to the expert's conclusion based on the results of the forensic construction and technical examination<данные изъяты>the disputed apartment does not meet the requirements specified in the Decree of the Government of the Russian Federation of January 28, 2006 No. 47, since defects were identified that affect the bearing capacity of the enclosing structures and worsen the operational properties of the structures, namely the absence of an expansion joint between the sections, as a result of which in the apartment cracks were revealed in the areas of abutment of the walls, cracks in the areas of abutment of the walls to the ceiling, a crack of a sedimentary nature in under the window space. The reason for the formation of cracks in this apartment is the absence of an expansion joint between the sections of the residential building. Expansion joints must be provided between sections (compartments). The reason for the formation of cracks at the time of inspection has not been eliminated, since the formation of cracks is associated with the absence of an expansion joint. Sealing cracks (including elastic polymer solutions) will not have an effective effect, since cracks will form again when the temperature changes, leading to the destruction of the finished finish. An additional reason for the formation of cracks may be the absence of a sedimentary seam.
49. According to the report<данные изъяты> №.... market price work on finishing a three-room apartment is .... rubles .... kopecks. Expenses for estimating the cost of finishing the apartment amounted to .... rubles.
50. In such circumstances, the first instance court rightfully satisfied the claim.
51. The arguments of the appeal of the NGO "GZhF under the President of the Republic of Tatarstan" that the court did not identify specific guilty persons, and the Foundation's guilt in the occurrence of deficiencies was not established, the court of appeal rejects as insolvent, since the NO "GZhF under the President of the Republic of Tatarstan" entered into an agreement with the plaintiffs , gave them an apartment, and, in accordance with the prisoners with<данные изъяты>and<данные изъяты>contracts had to exercise control over the construction of the facility. In addition, the design documentation was approved by the NGO "GZhF under the President of the Republic of Tatarstan". In turn, the NGO "GZhF under the President of the Republic of Tatarstan" has the right to resolve the issue of reimbursement of expenses incurred to compensate for losses associated with improper performance by third parties of their contractual obligations, submitting recourse claims against them in a separate court procedure.
52. The arguments of the appeal that the plaintiffs, knowing about the shortcomings of the apartment and not living in it, incurred the costs of finishing it, are subject to rejection, since the said costs were incurred by the plaintiffs before the latent shortcomings were discovered. The disadvantages arose much later after the plaintiffs took over the apartment.
53. The appeal court dismisses the arguments of the complaint that the court unreasonably applied the norms of the Law "On Protection of Consumer Rights", since these arguments were examined by the court of first instance, they were given a proper legal assessment, with which the appeal court agrees. Bringing this organization to civil liability complies with the norms of consumer protection legislation. The plaintiff, acting as a consumer in the legal relations under consideration, using the special legal protection of the state, has the right, at his choice, to file claims for the recovery of expenses necessary to eliminate the shortcomings and compensation for moral damage directly to the NGO "GZhF under the President of the Republic of Tatarstan".
54. The arguments of the appeal of the NGO "GZhF under the President of the Republic of Tajikistan" that the fine is to be awarded in favor of the consumer is rejected by the court of appeal, since these arguments are based on an incorrect interpretation of the substantive law.
55. In accordance with paragraph 1 of clause 6 of Article 13 of the Law of the Russian Federation "On Protection of Consumer Rights", when the court satisfies the consumer's claims, established by law, the court collects from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily meet the requirements of the consumer a fine of fifty percent of the amount awarded by the court in favor of the consumer.
56. According to subparagraph 7 of paragraph 1 of Article 46 The Budget Code Of the Russian Federation, the specified fine, according to general rule, credited to the budget municipality (local budget) at the location of the court that issued the decision to impose a fine.
57. From the stated norms of the law, it follows that the amount of the fine is determined by the court, based on the amount awarded by the court to the consumer. However, the fine is levied on the state revenue.
58. The conclusions of the court of first instance correspond to the actual circumstances of the case and do not contradict the requirements of the law; violations of the norms of procedural law by the court were also not allowed.
59. In this situation, the decision of the court should be recognized as legal and justified, the judicial board does not find grounds for its cancellation on the grounds of the plaintiff's cassation appeal.
60. Guided by Article 199, paragraph 1 of Article 328, Article 329 of the Civil Procedure Code of the Russian Federation, the judicial board

Case No. 2-921 (2015)

Judge G. D. Valeeva

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

Arsk District Court of the Republic of Tatarstan, composed of the presiding judge G.D. Valeeva, under the secretary of R.N. Fazylova, having considered in an open court a civil case on statement of claim Akhmedzhanova R.A. to the non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" on the collection of rubles 66 kopecks

INSTALLED:

Akhmedzhanov R.A. filed a lawsuit against the non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" for the recovery of RUB 66 kopecks. In support of the claim, he indicated that DD.MM.YYYY was drawn up a social mortgage agreement between the defendant and Akhmedzhanova GD, minor Akhmedzhanova R.R., and im- Akhmedzhanov R.A. DD.MM.YYYY they received an apartment at g Arsk,. DD.MM.YYYY he was excluded from the program. Payment under the agreement was rubles. By the decision of the Arsk District Court of the Republic of Tatarstan, from him in the division of property in favor of G.D. Akhmedzhanova. collected paid payments on social mortgage rubles 31 kopecks. In accordance with clause 7.1.3. of the social mortgage agreement in case of termination of the agreement, the amount of the deposit paid is subject to return, but the defendant refused to return him Money.

Plaintiff Akhmedzhanov R.A., his representatives Vakhitov L.D. and Ignatov I.I. in the court session, the claim was upheld.

The representative of the defendant of the non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" did not appear at the hearing, sent a response, in which he asks to dismiss the claim.

Representative of the third party Akhmedzhanova G.D. - Egorov A.A. asks to refuse to satisfy the claim.

After listening to the explanations of the persons participating in the case, having studied the case materials, the court comes to the following.

According to article 453 of the Civil Code of the Russian Federation, when the contract is changed, the obligations of the parties remain in the amended form. Upon termination of the agreement, the obligations of the parties terminate, unless otherwise provided by law, agreement or follows from the essence of the obligation. In the event of a change or termination of the contract, the obligations are considered amended or terminated from the moment the parties conclude an agreement on the amendment or termination of the contract, unless otherwise follows from the agreement or the nature of the change in the contract, and in case of amendment or termination of the contract in court - from the moment of entry into force a court decision to amend or terminate the contract. The parties do not have the right to demand the return of what they have performed under the obligation prior to the change or termination of the contract, unless otherwise provided by law or by agreement of the parties.

On the basis of Part 1 of Article 380 of the Civil Code of the Russian Federation, a deposit is a sum of money issued by one of the contracting parties against payments due from it under the contract to the other party, as evidence of the conclusion of the contract and to ensure its execution.

On the basis of Article 381 of the Civil Code of the Russian Federation, upon termination of an obligation prior to the commencement of its performance by agreement of the parties or due to the impossibility of performance (), the deposit must be returned. If the party that gave the deposit is responsible for the non-performance of the contract, it remains with the other party. If the party that received the deposit is responsible for the non-performance of the contract, it is obliged to pay the other party double the amount of the deposit.

It is established that DD.MM.YYYY between the plaintiff Akhmedzhanov R.A., Akhmedzhanova G.D., acting for herself and her minor child Akhmedzhanova R.R. and the NGO "State Housing Fund under the President of the Republic of Tatarstan" signed a social mortgage agreement №, according to which they were given the right to choose to use and receive ownership of the apartment.

DD.MM.YYYY based on the results of the choice of a future own apartment, a Protocol of participation, selection and transfer of a future own apartment of a citizen to the Agreement was drawn up, in accordance with which the Akhmedzhanov family, consisting of 4 people, was provided with an apartment located at:.

The marriage between the Akhmedzhanovs R.A. and G.D. terminated by DD.MM.YYYY.

Akhmedzhanova G.D. is currently living in the apartment received under the Social Mortgage Program. with two children.

DD.MM.YYYY Akhmedzhanov R.A. appealed to the defendant with a statement to remove him from the register under the specified social mortgage agreement.

From an extract from the minutes of the VI meeting of the public housing commission under the nom executive committee from DD.MM.YYYY it appears that the application of RA Akhmedzhanov about his exclusion from the family on account No., in connection with divorce, was satisfied.

According to the certificate of the executive committee № from DD.MM.YYYY, Akhmedzhanov R.A. excluded from the program of providing citizens with residential premises on social mortgage.

In connection with his exclusion from the social mortgage agreement Akhmedzhanov R.A. applied to the NGO "State Housing Fund under the President of the Republic of Tatarstan" with a statement to return him 80,166 rubles 66 kopecks paid under a social mortgage agreement.

By letter No. from DD.MM.YYYY, the financial director of the State Housing Fund under the President of the Republic of Tatarstan refused to return the money paid.

The court considers this refusal to be justified.

With the concluded social mortgage agreement, a refund can be made only upon termination of the social mortgage agreement.

V in this case the agreement between the parties is not terminated. In accordance with the terms of the agreement, Akhmedzhanov was provided with an apartment, which GD Akhmedzhanova currently uses. with two minor children.

Thus, the defendant, the State Housing Fund under the President of the Republic of Tatarstan, fulfilled its obligations under the contract, the Akhmedzhanovs were provided with an apartment.

In such circumstances, the plaintiff's claims to recover his share of the money paid against the State Housing Fund under the President of the Republic of Tatarstan are unfounded and cannot be satisfied.

Legal relations in connection with the use of the apartment, with the determination of the spouses' share in the paid funds under the social mortgage agreement, arose between the Akhmedzhanovs, and not between the plaintiff and the defendant in this civil case.

Recovery of funds from Akhmedzhanov R.A. in favor of G.D. Akhmedzhanova according to the decision of the Arsk District Court of the Republic of Tatarstan from DD.MM.YYYY, is not the basis for the collection of these funds from the NO "State Housing Fund under the President of the Republic of Tatarstan."

Akhmedzhanov R.A. is not deprived of the opportunity to protect his rights by filing a claim against the appropriate defendant with the requirements in accordance with the law.

Based on the foregoing, guided by Articles 194-198 of the Code of Civil Procedure of the Russian Federation, the court

DECIDED:

To satisfy the claim of R. A. Akhmedzhanov to the non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" to collect 66 kopecks rubles - to refuse.

The decision can be appealed to the Supreme Court of the Republic of Tatarstan within a month through the Arsk District Court of the Republic of Tatarstan.

Judge __________________ Valeeva G. D.

Court:

Arsk District Court (Republic of Tatarstan)

In Arsk, 8 families were left without their own homes

The program of liquidation of dilapidated housing in the Republic of Tatarstan, completed in 2004, unexpectedly surfaced in the Tatarstan arbitration. The authorities of the city of Arsk believe that the operator of housing government programs failed to build houses in time for the relocation of residents from dilapidated housing, and they demand to transfer into their ownership apartments in one of the houses, inhabited only in 2008. As the correspondent of "BUSINESS Online" found out, this procedure was required by the authorities in order to then transfer these apartments to new settlers, who are still forced to live on social loans or buy out their square meters through social security.

THE AUTHORITIES ARGETS WITH THE AUTHORITIES BECAUSE OF THE DISPUTES

In the Tatarstan arbitration, a process is underway, where the city authorities of the small Tatarstan regional center Arsk are on one side, and the State Housing Fund under the President of the Republic of Tatarstan on the other. The dispute directly affects the fate of 8 families from Arsk, who, as a result of the implementation of the resettlement program from dilapidated housing, lost their own homes. In May, the litigation moved to Samara, where the executive committee of Arsk appealed, being dissatisfied with the decision Arbitration court RT.

As the newspaper "BUSINESS Online" found out in the executive committee of Arsk, by the decision of the then Arsk settlement local government of January 1997 ( Arsk was transformed into a city in 2008 - auto.) in the regional center 83 houses were declared dilapidated. The executive committee notes that today they have all been demolished. However, as it was stated at the trial, some of the people were resettled only in July-August 2008; not everyone had a happy fate. Thus, 8 families left their old houses and moved to a new building at 8 Internatsionalnaya Street. Residents claim that they were deceived, promising that they would move them into their own apartments, and as a result, they had signed social rent agreements. According to Archans, a sports complex "Archa" now stands in the place of the demolished houses.

BALANCES DO NOT CONJECT

Representative of Arsky municipality at the trial Andrey Egorov said that the living quarters were indeed declared unfit for living. People were relocated from their homes (as noted by the victims, compensation for the old houses was also not paid). Egorov argues that the housing was built for residents of the "dilapidated fund" and should have been transferred to the balance sheet of the municipality, which then had to provide an opportunity for new settlers to privatize it. As an argument, the lawyer cited the resolution of the Cabinet of Ministers of the Republic of Tajikistan in 1996, according to which residential buildings built at the expense of the State off-budget housing stock Of the Republic of Tatarstan (the successor of which is the GZhF under the President of the Republic of Tatarstan), were subject to inclusion in the municipal property of cities and regions. But this was not done. As a result, the Arsk executive committee is trying to force the fund Talgata Abdullina transfer property through arbitration.

Egorov noted that in previous courts it was recognized that the disputed residential premises are neither in municipal ownership, nor in the ownership of the republic, nor in the ownership of residents, and even in the ownership of the GZF.

FULL MORTGAGE

The victims in this story were the residents of the ill-fated house (they participate in the court as third parties), who received apartments and entered into a social mortgage agreement. A protocol was drawn up to the contract, from which it follows that the dwelling is provided for rent.

The new settlers independently went to the courts of general jurisdiction, trying to privatize the apartments, but they were refused.
She spoke emotionally at the trial Tanzilya Valiullina- one of the archans who were left without their own homes. She stated that they were deceived in this village council. “I had a good home, I could have lived so much longer in my own home.” They said, “Why read the contract? It will be your property. " The understanding that these are mortgage contracts came only "when it came to the courts." She also stated that she did not participate in any drawing of mortgage apartments. She drew attention to the following detail: “People have been standing for 10 years, they are not given a mortgage, but once we get an apartment! As in a dream. Is that what they do? "

The correspondent of "BUSINESS Online", while awaiting the decision of the court, talked to other residents. The vast majority of them are of retirement age. Valentina Naumova said that she had her own house and garden. She lived there for only two years: she moved, selling an apartment in Kazan. Now, according to her, for a mortgage for a three-room apartment of 100 sq. m from her asking for 3.1 million rubles. "Where will I get that kind of money, living alone with my granddaughter?" - the elderly woman makes a helpless gesture. At the moment, Naumova pays a total of 4.5 thousand rubles in utility bills for the apartment. She clarifies that the cost of rent - "either 700 or one thousand" - is not paid by her, but by those who allocated these apartments. Woman introducing herself as daughter Shamil Mukhammadieva, also one of the third parties, noted that they had been persuaded for a long time to move. And as soon as they agreed, "they were resettled right away, literally in three days."

THE QUESTION OF REPUTATION

People emotionally notice that in some contracts they put their signatures on behalf of their relatives. In one family, the document was signed by old people who do not speak Russian at all.

Some tenants to the correspondent of "BUSINESS Online" expressed the opinion that to a greater extent here the fault is not the GZHF, acting on "pieces of paper", but the matter in the previous actions of the Arsk municipality itself. So, there are complaints against a certain Fleur Suleimanova, which was engaged in the execution of their documents in the council. She, according to the residents of Archans, was later "thrown out for fraud." As you know, Suleimanova was previously the deputy head of the Arsk region and in 2012 came to the attention of law enforcement officers when the case of disappearance was investigated. housing subsidies from the 87-year-old widow of a veteran. However, in the Arsk executive committee, regarding the speculation, they said that “during her work in the municipal authorities, she had no criminal record. The paperwork was carried out in compliance with the requirements of the legislation. "

The settlers also expressed another version. According to it, Arsk himself initially promised to redeem the apartments and transfer them to the property. In some families "it seems that there are even written guarantees to buy out apartments within five years." Now the Arsk officials shrug their shoulders and say that they have no money.

GZF: THE CITIZENS KNEW PERFECTLY THAT THEY ARE GOING FOR A MORTGAGE

In turn, in court, the representative of the GZHF Khalil Gilyazov stated that these citizens were provided with housing for rent, with subsequent redemption. And after the redemption, they will be able to obtain ownership.
He continued that the social mortgage program has been introduced since 2004. And the arguments that people were misled and did not know that they were following the social lending program are not substantiated. Gilyazov listed the main stages of joining this program. "Citizens know it all very well."

He also drew attention to the fact that both the court in Arsk and the Supreme Court of the Republic of Tatarstan denied these citizens the privatization of housing: "Since the house was built on the basis of a social mortgage at the expense of the Civil Fund."
Further, Gilyazov, in order to soften the tension in the courtroom, said that he had nothing against the residents personally. But they incorrectly consider GZF to be the culprit of their position. And he recommended filing another claim: for compensation for damage caused due to non-payment of compensation for old houses ( apparently already on the Arsky municipality- ed.).

1: 0 USEFUL BY GZHF

In an interview with the correspondent of "BUSINESS Online", the representative of the GZF noted that the program for "dilapidated housing" ended in 2004, and, accordingly, this case does not fall under it. The new building is on the balance sheet of the state housing stock. “We are the copyright holders. We, as investors, have the right to own, use and dispose of this house, ”he explained.

As a result, the first round of the judicial war ended with a score of 1: 0 in favor of the GZF: the court decided to dismiss the claim. The decision of the arbitration indicates that the resolution of the Cabinet of Ministers, in fact, involves the transfer of residential buildings from republican ownership to communal ownership. However, in this case, there are no documents on the transfer of the house. Also, the court decision indicates the expiration of the period limitation period.

Representatives of Arsk in response to "BUSINESS Online" stated that the construction apartment buildings in Arsk, only the GZHF conducts and the resettlement was delayed only for the reason that the GZHF could not build houses on time: "It is not possible to evict people on the street." They refer to the Republican judicial practice, according to which non-fulfillment of obligations by an organization cannot infringe upon the rights of citizens. It is also noted that they learned about the existence of this conflict only in September 2012 and believe that the statute of limitations has not been missed.

As a result of the implementation of the resettlement program, thousands of Tatarstan residents received apartments from the dilapidated and emergency fund in Tatarstan. True, the redemption price for their old housing was so low that all the displaced persons had to take mortgage at 7%.

The poor, those with many children, even the elderly, who, in order to settle accounts with the bank, will have to live to be 90, or even 100 (!) Years, have fallen into bondage. Many signed their consent to the mortgage under threat of demolition: otherwise they would have been evicted onto the street. "AiF-Kazan" learned how the Tatarstan people pull the mortgage yoke.

"I save to survive"

33 misfortunes overnight fell on Irina Kuldyurova from Chistopol. After working for 17 years in an ambulance, she unexpectedly got laid off. While looking for a new job, I got pregnant. And as soon as she gave birth, she took out a mortgage. “I was given 10 days to move out of the emergency house,” the woman recalls. - Now I have to pay 7.5 thousand rubles. a month, and I, as an unemployed person, have a minimum maternity allowance. I asked for a delay, so I was told that in this case all the percentages would be recalculated, and the apartment would be even more expensive. I am raising two children without a husband, alimony is only 970 rubles. I don't even know how I will pay for the loan! "

If young people cannot afford a loan, then what can we say about old people. Pensioners Ivanovs from Chistopol took out a mortgage when they were already 87 (!) Years old. True, they were lucky - the children chipped in and bought out the apartment before the old people had time to come to their senses. The children of their elderly neighbors, the Krylovs, did the same.

But not all pensioners have children. When a mortgage was issued for Sania Tumakaeva from Kazan, she was 74 years old. The State Housing Fund of the republic calculated that by the 90th anniversary it will just have time to pay off. “Every day I cry that I took out a mortgage, although my situation was hopeless,” says the woman. - My emergency apartment was flooded by neighbors. I lived in a semi-basement, where mice were running, and after the flood, snails multiplied from the dampness - they crawled on the kitchen table, climbed into bags with flour and cereals. It's scary to remember! "

Sania Shakirovna did not find sympathy from the officials, on the contrary, they scared her, they say, they would put her in a communal apartment. Of course, she grabbed onto the mortgage like a saving straw. She became the first inhabitant of the new building on the street. M. Gafuri lived there alone for a month.

“And after a few months, our entire emergency house was resettled free of charge! The neighbors were given large apartments without additional payment, and in my old age I was left with a loan around my neck. My pension is 11 thousand rubles, and after deducting payments for the "communal" and the mortgage remains less than 3000. How can I live on this money? - the pensioner cries. - I have neither a husband nor children, except that my sisters and brother help out. I myself cannot earn money, so I save on housing and communal services. In cold weather I try not to turn on the electric heating at full power, I'd better put on a warmer jacket. I use water twice - the dishes in the basin are mine, so as not to waste water in vain; I will rinse the linen, and then wash the floor with the same water. Until the end of my life I now suffer so much ... "

Exit through bondage?

An exception in the form of free relocation was made only for Kazan owners of emergency housing. In other districts of Tatarstan, the intractable began to literally survive from their apartments.

Alexander Kishev from Almetyevsk, who did not agree with the purchase of his apartment for 350 thousand rubles, went to court until the last, but lost the courts to officials. V emergency house he was left alone - everyone else resigned themselves to the mortgage.

“Soon my heating, water and gas were cut off, although it was the end of October,” the man wrote to the editorial office. - And a week later, while I was not at home, the doors in the apartment were broken down, everything was turned over. The police detained three suspects, but while we were at the station, the doors of my apartment were opened again. I had no choice but to leave the apartment. All I have left of my property is a stamp in my passport, a couple of rights documents and a writ of execution on eviction. I believe that all this happened due to the fault of the republican and municipal authorities, which are similarly implementing the federal program for the resettlement of emergency housing. For residents of emergency houses, it literally turned into a raider seizure of land. With the naked eye, you can see who benefits from the “emergency workers” buying apartments built by the GZhF and taking out a mortgage from the bank. Many owners, under obvious pressure from local officials, signed social security agreements as a death sentence for fear of being left on the street with young children and elderly parents! "

They are about to forcibly evict the Yadov family from Bugulma. The bailiffs have come to their apartment twice already. Request for a deferral of execution judgment did not help. So a family with a five-year-old child is likely to remain on the street.

“At first we agreed to social security, but when we saw the amount of the monthly payment, we realized that we could not afford it,” says Aliya Yadova. - My husband and I do not have an official job, we are interrupted by temporary earnings. So we terminated the mortgage agreement, but the executive committee has already sent the money - the ransom for emergency housing - to the State Housing Fund, where they are now stuck. We remain homeless and without money. Let's be homeless. The local administration did not agree to wait even until summer, they put us out on the street in the very cold. They offer to hand over the child to an orphanage for a while. With living parents! We asked to be accommodated in a maneuverable housing stock, but we were told directly - if you agree to a mortgage - please, but no - so no. "

The editorial board of AiF-Kazan sent a request in advance to the administration of the Bugulma region with a request to comment on the situation, the answer has not yet been received.

Milyaush Terskova, a mother with many children from Zelenodolsk, is preparing for a similar outcome of events. For about two years she defended her house in court, insisting that it was not emergency, but the courts did not believe the independent examinations, so the family would be evicted without providing housing.

“They told me:“ Take out a mortgage, otherwise you will stay on the street. It’s easy to say, but I don’t know where I can get these millions alone with my three children! - Milyausha Terskova is indignant. - After all, all our income is a benefit for the loss of a breadwinner, and 2 thousand rubles, which I bring, earning money as a cleaner. I can't even get a job - my son underwent several operations, he didn't talk until he was 6 years old, you won't leave him alone. It's not in vain that we stand in line as those in need of housing. It is due to us for free and our turn will soon reach - we are 16th on the list. Alas, no one makes a discount even for this: if you want your own home, settle for mortgage bondage ... "

There is no dispute - the social mortgage program in Tatarstan solves a large social problem - it provides housing for state employees, employees of enterprises, residents of dilapidated housing - citizens who, with their small salaries, would never receive a mortgage from a bank, could not improve living conditions... But there are those whom she cornered. Messages "emergency workers", which are received by the correspondent of "AiF-Kazan" through all communication channels, do not dry out either on weekends or on holidays. We hear these people. And you, dear officials, prosecutors, GJF? ..