PDF: |
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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. |