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TO THE QUESTION OF RECOVERY OF DEBT FOR PAYMENT OF HOUSING AND PUBLIC SERVICES FROM ORPHAN CHILDREN OR FROM THEIR LEGAL REPRESENTATIVES

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PDF: Author(s): Berdnikova A. A., Nikolaev A. A.,
Number of journal: 3(64) Date: August 2023
Annotation:

The article is devoted to topical issues of legal regulation of debt recovery for housing and communal services of a certain category of citizens. This paper considers the problems that arise in the recovery of arrears on payments for housing and utilities belonging to orphans and children without parental care, in relation to this category of citizens or their legal representatives (guardians, custodians, foster parents).Over the past few years, the problem has become widespread, which is confirmed by law enforcement practice. Children left without parental care are a more vulnerable group in terms of social support, which is guaranteed by the state. But despite this, in various regions of our country there are cases that contradict the generally recognized constitutional principles of Russian legislation on the protection of children’s rights, including the topic we are discussing. As a rule, the subjects of the country are given the authority to regulate issues at the regional level relating to debt relief, recalculation and/or non-accrual, reimbursement, or no exemption from such burdens prior to the age of majority and during the period of full-time enrollment of eligible students. At the same time, there is no uniformity in the settlement of these issues, which, in our opinion, is necessary. We believe that this problem deserves the attention of a federal legislator, since in some regions there is a complete exemption from paying fees for the services provided by resource-supplying and other organizations for housing and communal services, in others there is a compensatory nature, in the third ones the obligation to pay for housing and communal services is imposed on legal representatives at their own expense. In view of the above, this problem is relevant.

Keywords:

orphans, persons from among orphans, legal representatives, guardians, custodians, foster parents, payment, collection, arrears/debt, compensation, exemption from payment, housing and communal services

For citation:

Berdnikova A. A., Nikolaev A. A. To the question of recovery of debt for payment of housing and public services from orphan children or from their legal representatives. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;3(64):263—267. DOI: 10.25683/VOLBI.2023.64.721.