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CURRENT ISSUES OF LEGAL REGULATION OF PAYMENTS FOR HOUSING AND UTILITY SERVICES FOR ORPHANS FROM 14 TO 18 YEARS OLD

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PDF: Author(s): Berdnikova A. A., Nikolaev A. A.,
Number of journal: 2(67) Date: May 2024
Annotation: Article provides analysis of the legislation regulating the housing rights of orphans and children without parental care, persons from among them regarding the obligation to pay for utilities in relation to residential premises in which they are registered at the place of residence or are the owners as well as analysis and synthesis of law enforcement practice. In this article, orphans mean children left without parental care and the category in question mainly falls between the ages of 14 and 18 years, when housing rights are already being exercised. The active role of the legislator in the socialization of orphans in society is noted by providing them with additional social guarantees, which are provided for by the general rules and principles of federal legislation, however, there are gaps that do not allow the implementation of this right. Current judicial practice on debt recovery from orphans during the period when they were under supervision in state children’s institutions or under family guardianship is presented. There is a rather ambiguous court practice, as a result of which the number of claims for debt recovery from orphans is increasing, when adults, including deprived of parental rights tenants or co-owners of residential premises lose the right to use them, and debts for utilities are transferred to orphans, including for the disputed period before reaching adulthood. There is some inconsistency in the legal position in terms of full state provision of orphans and in terms of claims for debt collection.
Keywords:

orphans, housing legislation, utilities, place of residence, right to benefits, social guarantees, legal regulation, debt, payment, debt recovery

For citation:

Berdnikova A. A., Nikolaev A. A. Current issues of legal regulation of payments for housing and utility services for orphans from 14 to 18 years old. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;2(67):295—300. DOI: 10.25683/ VOLBI.2024.67.1016.