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The court ordered the mayor of Ulan-Ude to provide housing for the disabled
In Ulan-Ude, a court ordered the city administration to provide a disabled person of the second group with housing under a social contract of out of turn. However, officials are in no hurry to implement this decision.
A disabled girl suffers from a chronic disease, which is included in the list of severe forms of diseases in which cohabitation of citizens in the same apartment is impossible. According to the republic’s prosecutor’s office, a resident of the city is registered with citizens who need housing, including as a poor, and therefore has the right to allocate housing out of turn.
The city administration tried to appeal the decision of the court, however, the appeal court sided with the disabled person. As the expert of the information portal Zhilfin.rf (within the framework of the project of the Ministry of Finance of Russia on financial literacy) Lolla Kirillova notes, after the court’s decision on the provision of housing, the administration must execute it. Since this has not yet happened, the disabled person or his representatives can immediately request the issuance of a writ of execution.
“The requirements contained in the writ of execution must be fulfilled by the bailiff within two months from the date of initiation of the enforcement proceedings,” the expert comments.
According to Lolla Kirillova, under Article 28.2 of Law No. 181-ФЗ, the Russian Federation delegates to the state authorities of the constituent entities of the Russian Federation the authority to provide measures of social support for people with disabilities, including providing housing for people with disabilities and families with disabled children registered before 1 January 2005 of the year. Money for this is provided for in the federal budget in the form of subventions.
“It often happens that a court decision, despite the initiation of enforcement proceedings, has not been enforced. Municipalities cite their lack of premises or lack of funds to buy one. Subjects of the Federation are obliged to transfer subventions to municipalities at the expense of treasury funds, if the regions refuse, then municipalities will recover losses in the amount of the cost of purchased housing for chronic patients, and this practice is very successful, ”the expert notes.