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

Case No. 33-7285/2012

Received Supreme Court of the Republic of Tatarstan

Judicial Collegium for Civil Cases of the Supreme Court of the Republic of Tatarstan
presiding judge Galiyeva A.S.,
judges Sazonova The.T. and Kalimullina R.Ya.,
under the secretary of the court session Karimov S.R.,
examined in open court on the report of Judge SazonovaThe.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 ruled:
satisfy the claim.
Recognize the contract of social mortgage as terminated<данные изъяты>concluded between Sadrieva D.D., acting on her own behalf and on behalf of her minor children FULL NAME1, FULL NAME2, Sadrieva R.A. and the Non-Profit Organization "State Housing Fund under the President of the Republic of Tatarstan".
Collect from the non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" in favor of Sadriev R.A. and Sadrieva D.D. .... rubles .... kopecks of the deposit paid under the social mortgage agreement<данные изъяты>, losses in the amount of .... ruble .... kopecks, the cost of assessing the cost of finishing the apartment in the amount of .... rubles.
Collect non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" compensation for non-pecuniary damage in favor of Sadriev R.A. in the amount of .... rubles, in favor of Sadrieva D.D. .... rubles.
Collect from the non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" in favor of<данные изъяты>payment for the judicial construction and technical expertise in the amount of .... rubles.
Collect from the non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" a fine for non-compliance with consumer requirements on a voluntary basis in the amount of .... rubles .... a kopeck to the budget of the Buinsky municipal district of the Republic of Tatarstan and a state duty to the state in the amount. ... rubles .... kopecks.
After checking the case file, discussing the arguments of the appeal, after hearing 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 Sadrievyh R.A., D.D. - FULL NAME4, who objected to the arguments of the complaint, the panel of judges
Installed:
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" (hereinafter NO "GZhF under the President of the Republic of Tatarstan" and Socially - Mortgage Cooperative "Building the Future" (hereinafter SIPC "Building the Future") on termination of the social mortgage agreement, compensation for losses.
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 a citizen’s future own apartment from<дата>Plaintiffs were provided with an apartment located at:<адрес>
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 floor. Since the specified apartment is unfit for habitation, the plaintiffs, referring to the norms of consumer protection legislation, asked the court to terminate the social mortgage contract from<дата>in connection with a material violation of the terms of the contract and violation of the terms of 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.....
Plaintiffs Sadriev R.A. and Sadrieva D.D. the lawsuit was upheld in court.
The representative of the NGO “GZhF under the President of the Republic of Tatarstan” did not recognize the claim.
The representative of SIPK "Building the Future" did not appear in court.
<данные изъяты>FULL NAME5 claim is not recognized.
Third party representative<данные изъяты>FULL NAME6 claim is not recognized.
Third party representative<данные изъяты>did not appear in court.
The court satisfied the claims, issued a decision in the above wording.
The appeal of the NGO “GZhF under the President of the Republic of Tajikistan” raises the issue of canceling the court decision on the grounds of its illegality and groundlessness. The complaint states that the court did not identify specific perpetrators (third parties), did not establish the foundation's fault in the occurrence of shortcomings. In terms of recovery of damages, he notes that the plaintiffs, knowing about the shortcomings of the apartment and not living in it, incurred expenses for its decoration. It also indicates 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 a penalty. The penalty is to be awarded in favor of the consumer.
In objection to the appeal Sadrievy R.A., D.D. ask to leave the decision of the court unchanged, consider the appeal unfounded. They believe that the legal relations that have arisen between them are regulated 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 Tajikistan”, and not by third parties that are the developer and contractor. An agreement on the sale of an apartment with an installment payment was concluded by them with the defendant. Also, the court, on a legal basis, recovered from the defendant the losses incurred by them and a fine in the income of the local budget.
Sadrievs R.A., D.D., representatives of SIPK "We are building the future",<данные изъяты>, <данные изъяты>,<данные изъяты>the Court of Appeal did not appear at the hearing, they were duly notified, they did not provide information about the reasons for the failure to appear.
Since there is no information about the existence of significant obstacles to their participation or their representatives in this court session, taking into account the opinion of representatives of FULL NAME3 and FULL NAME4, the panel of judges considers it possible to consider the case in their absence.
The panel of judges, having examined the case file, the arguments of the appeal, considers that the decision of the court should be upheld on the following grounds.
According to Article 309 of the Civil Code of the Russian Federation, obligations must be duly performed 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 business practices or other usually imposed requirements.
The preamble to the Law of the Russian Federation "On the Protection of Consumer Rights" states that this Law regulates relations arising between consumers and manufacturers, performers, importers, sellers in the sale of goods (performance of works, provision of 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 their manufacturers (performers, sellers), education, state and public protection of their interests, and also determines the mechanism for implementing these rights.
consumer - a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal, family, household and other needs not related to entrepreneurial activities
In accordance with paragraph 1 of Article 4 of the Law of the Russian Federation "On the Protection of Consumer Rights", the seller (executor) is obliged to transfer to the consumer a product (perform work, provide a service), the quality of which corresponds to the contract.
By virtue of the provisions of paragraph 1 of Article 18 of the Law of the Russian Federation "On the Protection of Consumer Rights", the consumer, in the event that defects are found in the product, if they have not been specified by the seller, at his choice has the right to: demand replacement for a product of the same brand (the same model and (or ) article); demand a replacement for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price; demand a commensurate reduction in the purchase price; demand immediate gratuitous elimination of product defects or reimbursement of expenses for their correction by the consumer or a third party; refuse to fulfill 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 goods with defects.
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 limits established by this Law to meet the relevant requirements of the consumer.
According to Article 15 of the Law of the Russian Federation "On Protection of Consumer Rights", moral damage caused to the consumer as a result of a violation by the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of protection rights of consumers, is subject to compensation by the tortfeasor 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.
Compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer.
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.
In the absence of conditions on the quality of goods in the contract of sale, the seller is obliged to transfer to the buyer goods suitable for the purposes for which goods of this kind are usually used.
In accordance with paragraph 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 goods (detection of irreparable shortcomings, shortcomings that cannot be eliminated without disproportionate costs or time, or are detected 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 amount paid for the goods or demand the replacement of goods of inadequate quality with goods that comply with the contract.
By virtue of the provisions of Article 476 of the Civil Code of the Russian Federation, the seller is liable for defects in the goods if the buyer proves that the defects in the goods arose before it was transferred to the buyer or for reasons that arose before that moment.
As can be seen from the case file,<дата>between Sadrieva D.D., acting on her own behalf and on behalf of her minor children FULL NAME1, FULL NAME2, Sadriev R.A and NGO "GZhF under the President of the Republic of Tajikistan" represented by SIPC "We are building the future", a social mortgage agreement was concluded 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 property rights for a citizen is carried out on the basis of a certificate of an attorney on the payment of a share, issued after crediting to the account of the specialized non-profit organization "State Housing Fund under the President of the Republic of Tajikistan" 100% of payments for a future own apartment, received in the form of deposits.
<дата>between NGO "GZhF under the President of the Republic of Tatarstan" and<данные изъяты>contract No. .... was concluded, under the terms of which the fund invests and entrusts, and<данные изъяты>undertakes to perform (carry out) the functions of the customer within the contract, to ensure the implementation of design, construction work and the proper, timely commissioning of the disputed residential building according to the approved project documentation.
According to clause 4.1.4 of the said agreement, the fund had the right to accept the work without verification, with the possibility of subsequent verification and submission of requirements for the elimination of deficiencies identified during the construction and operation of the facility.
In its turn<данные изъяты>, which is the customer of the construction, and<данные изъяты>entered into agreement No. .... 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 involved forces.
According to paragraph 2 of clause 4.17 of the said agreement, harm caused by individuals and legal entities due to deficiencies, deviations from the project, current SNiP, use of materials and equipment that do not comply with the current GOST, TU is compensated<данные изъяты>.
Upon completion of construction between the Sadrievs R.A., D.D. and NGO "GZhF under the President of the Republic of Tatarstan"<дата>a protocol of participation, selection and transfer of a future own apartment was signed, which is an integral part of the social mortgage agreement.
According to the protocol of participation, selection and transfer of a future own apartment, the plaintiffs under a social mortgage agreement were given an apartment 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. hidden flaws were found in the form of through cracks in the walls, cracks in the ceiling and floor.
According to the expert opinion based on the results of the judicial construction and technical expertise<данные изъяты>the disputed apartment does not meet the requirements specified in Decree of the Government of the Russian Federation of January 28, 2006 No. 47, since defects were identified that affect the load-bearing capacity of enclosing structures and worsen the operational properties of structures, namely, the absence of an expansion joint between sections, as a result of which the apartment cracks were found in the areas where the walls adjoin, cracks in the areas where the walls adjoin the ceiling, a sedimentary crack in the space under the window. The reason for the formation of cracks in this apartment is the absence of an expansion joint between the sections of the residential building. Between sections (compartments) expansion joints must be provided. 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 with elastic polymer solutions) will not have an effective effect, since cracks will form again with a change in temperature, leading to the destruction of the finished finish. An additional reason for the formation of cracks may be the absence of a sedimentary seam.
According to the report<данные изъяты>No.... the market value of finishing a three-room apartment is.... ruble.... kopecks. The costs of assessing the cost of finishing the apartment amounted to .... rubles.
Under these circumstances, the trial court rightfully granted the claim.
The arguments of the appeal of the NGO "GZHF under the President of the Republic of Tajikistan" that the court did not identify specific perpetrators, and the Foundation's fault in the occurrence of shortcomings was not established, the court of appeal rejects as untenable, since the NGO "GZHF under the President of the Republic of Tajikistan" concluded an agreement with the plaintiffs , gave them an apartment, and, in accordance with the prisoners with<данные изъяты>And<данные изъяты>contracts was to exercise control over the construction of the facility. In addition, the project documentation was approved by the NGO "GZhF under the President of the Republic of Tatarstan". In turn, NGO “GZhF under the President of the Republic of Tajikistan” 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 by presenting recourse claims against them in a separate judicial procedure.
The arguments of the appeal that the plaintiffs, knowing about the shortcomings of the apartment and not living in it, incurred the cost of finishing it, are subject to rejection, since these costs were incurred by the plaintiffs before the discovery of hidden shortcomings. The shortcomings arose much later after the flat was accepted by the plaintiffs.
The arguments of the complaint that the court unreasonably applied the norms of the Law "On Protection of Consumer Rights", the court of appeal rejects, since these arguments were examined by the court of first instance, they were given a proper legal assessment, with which the court of appeal agrees. Bringing this organization to civil liability complies with the norms of legislation on consumer protection. 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 a claim for the recovery of expenses necessary to eliminate the shortcomings and compensation for non-pecuniary damage directly to the NGO “GZhF under the President of the Republic of Tajikistan”.
The court of appeal rejects 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, since these arguments are based on an incorrect interpretation of the substantive law.
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 requirements established by law, the court recovers from the manufacturer (performer, seller, authorized organization or authorized individual entrepreneur, importer) for non-compliance on a voluntary basis meet the requirements of the consumer a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer.
According to subparagraph 7 of paragraph 1 of Article 46 of the Budget Code of the Russian Federation, the specified fine, as a general rule, is credited to the budget of the municipality (local budget) at the location of the court that issued the decision to impose a fine.
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 at the expense of the state.
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; the court also did not violate the rules of procedural law.
In such a situation, the decision of the court should be recognized as lawful and justified;
Guided by Article 199, paragraph 1 of Article 328, Article 329 of the Code of Civil Procedure of the Russian Federation, the Judicial Collegium

In Arsk, 8 families were left without their own housing

The program for the 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 state housing programs failed to build houses for the resettlement of tenants from dilapidated housing in time, and demand that apartments in one of the houses, inhabited only in 2008, be transferred to their ownership. As the BUSINESS Online correspondent 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 rent or buy out their square meters through a social mortgage.

THE AUTHORITY IS ARGUING WITH THE AUTHORITY BECAUSE OF THE RESPONSIBLE

There is a process in the Tatarstan arbitration, where on one side were the city authorities of the small Tatarstan regional center Arsk, and on the other - the State Housing Fund under the President of the Republic of Tatarstan. 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 lawsuit moved to Samara, where the executive committee of Arsk filed an appeal, being dissatisfied with the decision of the Arbitration Court of the Republic of Tatarstan.

As the newspaper "BUSINESS Online" found out in the executive committee of Arsk, by the decision of the then Arsk settlement local self-government of January 1997 ( Arsk was transformed into a city in 2008 - auth.) in the district center, 83 houses were recognized as dilapidated. The executive committee notes that today they are all 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. So, 8 families left their old houses and moved to a new building on Internatsionalnaya Street, 8. The residents claim that they were deceived, promising that they would be moved to their own apartments, and as a result, they had signed social lease agreements. According to Archa, the Archa sports complex now stands on the site of the demolished houses.

BALANCES DO NOT MATCH

At the trial, a representative of the Arsk municipality Andrey Egorov He said that indeed the premises were declared unsuitable for habitation. People were relocated from their houses (according to the victims, compensation for the old houses was also not paid). Egorov claims that the housing was built for residents of the "dilapidated stock" and was to be transferred to the balance of the municipality, which then was to give the new settlers the opportunity to privatize it. As an argument, the lawyer cited a resolution of the Cabinet of Ministers of the Republic of Tatarstan in 1996, according to which residential buildings built at the expense of the State off-budget housing fund of the Republic of Tatarstan (whose successor is the State Housing Fund under the President of the Republic of Tatarstan) were to be included in the communal property of cities and regions. But this was not done. As a result, the Arsky executive committee is trying to force the fund Talgat 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 tenants, and even not in the ownership of the State ZhF.

INCREASABLE 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 residential premises are provided for rent.

The new settlers independently went to the courts of general jurisdiction, trying to privatize the apartments, but they were refused.
Emotionally spoke at the court Tanzilya Valiullina- one of the archans left without their own housing. She stated that they were deceived in this village council. “I had a good house, I could have lived in my own house for so long.” Said, “Why read the treaty? This will be yours." 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?"

Correspondent "BUSINESS Online" in anticipation of the court's decision and talked with other residents. The vast majority of them are of retirement age. Valentina Naumova She said that she had her own house and garden. She lived there for only two years: she moved, having sold an apartment in Kazan. Now, according to her, for a mortgage for a three-room apartment of 100 sq. m from her asking 3.1 million rubles. “Where will I get such money, living alone with my granddaughter?” - throws up her hands an elderly woman. At the moment, Naumova pays a total of 4.5 thousand rubles in utility bills for an apartment. She clarifies that the cost of renting - “either 700, or one thousand” - is not paid by her, but by those who allocated these apartments to them. A woman who introduced herself as a daughter Shamil Muhammadiev, also one of the third parties, noted that they were persuaded to move for a long time. And as soon as they agreed, "immediately relocated, literally in three days."

A MATTER OF REPUTATION

People emotionally notice that in some contracts they signed for relatives as well. In one family, the document was signed by old people who did not speak Russian at all.

Some tenants expressed the opinion to the BUSINESS Online correspondent that to a greater extent, the fault here is not the GZHF, acting on "paper", but the matter is in the previous actions of the Arsk municipality itself. So, there are claims against a certain Flera Suleymanova, which was engaged in the council in the preparation of their documents. She, according to the archans, was subsequently "thrown out for fraud." As you know, Suleymanova was previously the deputy head of the Arsky district and in 2012 came to the attention of law enforcement officers when the case of the disappearance of housing subsidies from the 87-year-old widow of a veteran began to be investigated. However, in the Arsk executive committee, regarding the speculation, they stated that “during her work in the municipal authorities, she had no criminal record. Documentation was carried out in compliance with the requirements of the law.

Another version was also expressed by the settlers. According to it, initially Arsk himself promised to buy the apartments and transfer them to the property. Some families "seem to even have written guarantees to buy out apartments within five years." Now the Aryan officials shrug their shoulders and say that they have no money.

GZHF: CITIZENS KNEW PERFECTLY THAT THEY WERE GOING FOR A MORTGAGE

In turn, in court the representative of the GZHF Khalil Gilyazov stated that these citizens were provided with residential premises for hire, with subsequent redemption. And after the redemption, they will be able to get the right of 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 going through the social mortgage program are not substantiated. Gilyazov listed the main stages of joining this program. "Citizens know this 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 funded by the SZhF."
Further, Gilyazov, in order to soften the tension in the courtroom, said that he personally had nothing against the tenants. But they incorrectly consider the WPW to be the culprit in their situation. And he recommended filing another claim: for damages caused due to non-payment of compensation for old houses ( apparently already in the Arsk municipality- ed.).

1:0 IN FAVOR OF GZHF

In an interview with a BUSINESS Online correspondent, a representative of the GZhF noted that the program for "dilapidated housing" ended back 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 GZHF: the court decided to dismiss the claim. The arbitral award states that the Cabinet's resolution actually 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 decision of the court indicates the expiration of the limitation period.

Representatives of Arsk, in response to BUSINESS Online, stated that the construction of apartment buildings in Arsk is carried out only by the State ZhF, and the resettlement was delayed only because the State ZhF was unable to build houses on time: “It’s not like evicting people on the street.” They refer to republican judicial practice, according to which the failure of an organization to fulfill its obligations cannot infringe on 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.

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

as part of the presiding judge D.R. Shakiryanova

under Secretary S.A. Eliseeva,

examined in open court a civil case on the statement of claim F.F. Muhammadieva, FULL NAME11 Muhammadieva to the Non-Profit Organization "State Housing Fund under the President of the Republic of Tatarstan" on recognizing the actions as illegal, imposing the obligation to apply to the legal relations of the parties Resolution of the Cabinet of Ministers No. the obligation to apply to the legal relations of the parties the cost of one square meter of housing in the amount of ... rubles, imposing the obligation to provide state support in an amount equivalent to the cost of 18 square meters,

installed:

F.F. Muhammadiev, R.G. Mukhammadiev filed a lawsuit against the Non-Profit Organization "State Housing Fund under the President of the Republic of Tatarstan" (hereinafter - NPO "GZhF under the President of the Republic of Tatarstan") to recognize the actions as illegal, to impose the obligation to apply the resolution of the Cabinet of Ministers No. 188 dated 15.04.2005 to the legal relations of the parties d. “On the procedure for the sale of housing on a social mortgage”, imposing the obligation to apply to the legal relations of the parties the cost of one square meter of housing in the amount of ... rubles, imposing the obligation to provide state support in an amount equivalent to the cost of 18 square meters.

In support of the requirements, it is indicated that F.F. Muhammadiev, R.G. Muhammadiev were accepted and were registered as those in need of better housing conditions. ... between them on the one hand and the defendant on the other, a social mortgage agreement was concluded, according to which the defendant undertook to provide F.F. Muhammadiev, R.G. Muhammadieva the opportunity to participate in the selection, use and receipt after payment of the share in full ownership of the future apartment invested by the defendant.

The plaintiffs point out that the social mortgage agreement does not determine the excess cost of one square meter of an apartment, its establishment in the amount of ... rub. entails a significant increase in the cost of the apartment.

U..., in connection with which the plaintiffs counted on receiving state support directed to pay the cost of housing, in an amount equivalent to the cost of ... square meters, at the cost of one square meter determined by the protocol - ... RUB.

From the NGO "GZhF under the President of the Republic of Tatarstan" the Muhammadiev family was provided with state support, directed to pay the cost of housing in the amount of ... rub. However, the plaintiffs point out that based on the cost of one square meter of housing in the amount of ... rubles, state support should have been provided in the amount of ... rubles. (...).

The terms of the agreement on payment of the cost of the apartment in installments are executed properly.

The plaintiffs believe that since at the time of signing the social mortgage agreement, the Resolution of the Cabinet of Ministers of the Republic of Tatarstan No. 188 dated April 15, 2005 “On the procedure for selling housing under social mortgage” was in force, the defendant is currently unlawfully applying to the legal relations of the parties the Resolution of the Cabinet of Ministers of the Republic of Tajikistan No. 233 dated May 06, 2006 “On Amendments to the Procedures Approved by the Decree of the Cabinet of Ministers of the Republic of Tajikistan dated April 15, 2005 No. 188 “On the Procedure for the Sale of Housing on a Social Mortgage”, as well as No. 366 dated August 02, 2007 “On Further Measures to implementation of the Law of the Republic of Tajikistan dated December 27, 2004 No. 69-ЗРТ “On state support for the development of housing construction in the Republic of Tajikistan” and improving the procedure for providing housing within the framework of republican state support”.

For these reasons, the plaintiffs ask to recognize the actions of the defendant as illegal and to oblige to apply to the legal relations of the parties the Resolution of the Cabinet of Ministers No. 188 of 15.04.2005 "On the procedure for the sale of housing on a social mortgage", imposing the obligation to apply to the legal relations of the parties the cost of one square meter of housing in the amount ... rubles, as well as to oblige them to provide state support in an amount equivalent to the cost of ... square meters, based on the cost of ... rubles.

At the hearing, the plaintiffs F.F. Muhammadiev, R.G. Muhammadiev's claims were supported.

The respondent of the NGO “GZhF under the President of the Republic of Tajikistan” was duly notified of the time and place of the consideration of the case, the representative did not appear at the hearing, applied for the consideration of the case in the absence of a representative, did not recognize the claims.

Having listened to the persons participating in the case, having studied the evidence available in the materials of the civil case, The court considers that the claims should be denied.

In accordance with paragraph 1 of Article 9 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), citizens and legal entities exercise their civil rights at their own discretion.

On the basis of Article 310 of the Civil Code of the Russian Federation, a unilateral refusal to fulfill an obligation and a unilateral change in its conditions are not allowed, except as otherwise provided by law.

By virtue of Article 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to conclude an agreement (clause 1).

Coercion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by this Code, the law or a voluntarily assumed obligation (paragraph 2).

The parties may conclude an agreement, both provided for and not provided for by law or other legal acts.

The parties may conclude an agreement that contains elements of various agreements provided for by law or other legal acts (mixed agreement). To the relations of the parties under a mixed contract, the rules on contracts, the elements of which are contained in the mixed contract, are applied in the relevant parts, unless otherwise follows from the agreement of the parties or the essence of the mixed contract (clause 3).

The terms of the contract are determined at the discretion of the parties, unless the content of the relevant term is prescribed by law or other legal acts (Article 422).

In cases where the term of the contract is provided for by a rule that is applied in so far as the agreement of the parties does not establish otherwise (dispositive rule), the parties may, by their agreement, exclude its application or establish a condition different from that provided for in it. In the absence of such an agreement, the terms of the contract are determined by a dispositive norm (clause 4).

According to paragraph 422 of the Civil Code of the Russian Federation, the contract must comply with the rules binding on the parties, established by law and other legal acts (imperative norms) in force at the time of its conclusion.

By virtue of paragraph 2 of Article 450 of the Civil Code of the Russian Federation, at the request of one of the parties, the contract can be changed or terminated by a court decision only

1) in case of a material breach of the contract by the other party;

2) in other cases provided for by this Code, other laws or an agreement.

Violation of the contract by one of the parties is recognized as essential, which entails such damage for the other party that it is largely deprived of what it was entitled to count on when concluding the contract.

On the basis of paragraphs 1 and 2 of Article 451 of the Civil Code of the Russian Federation, a significant change in the circumstances from which the parties proceeded when concluding an agreement is the basis for its amendment or termination, unless otherwise provided by the agreement or follows from its essence.

A change in circumstances is recognized as significant when they have changed so much that, if the parties could reasonably foresee this, the contract would not have been concluded by them at all or would have been concluded on significantly different terms.

If the parties have not reached an agreement on bringing the contract in line with the significantly changed circumstances or on its termination, the contract may be terminated, and on the grounds provided for in paragraph 4 of this article, amended by the court at the request of the interested party, if the following conditions are simultaneously present:

1) at the time of the conclusion of the contract, the parties proceeded from the fact that such a change in circumstances would not occur;

2) the change in circumstances is caused by reasons that the interested party could not overcome after they arose with the degree of care and diligence required of it by the nature of the contract and the conditions of turnover;

3) the performance of the contract without changing its terms would so violate the balance of property interests of the parties corresponding to the contract and would cause such damage to the interested party that it would largely lose what it had the right to count on when concluding the contract;

4) it does not follow from the customs of business transactions or the essence of the contract that the risk of a change in circumstances is borne by the interested party.

As determined by paragraph 1 of Article 454 of the Civil Code of the Russian Federation, under a sales contract, one party (the seller) undertakes to transfer the thing (goods) into the ownership of the other party (the buyer), and the buyer undertakes to accept this goods and pay a certain amount of money (price) for it.

Paragraph 2 of Article 455 of the Civil Code of the Russian Federation provides that a contract may be concluded for the sale and purchase of goods available to the seller at the time of the conclusion of the contract, as well as goods that will be created or acquired by the seller in the future, unless otherwise provided by law or follows from the nature of the goods.

By virtue of paragraph 1 of Article 485 of the Civil Code of the Russian Federation, the buyer is obliged to pay for the goods at the price stipulated by the contract of sale, or, if it is not provided for by the contract and cannot be determined on the basis of its terms, at the price determined in accordance with paragraph 3 of Article 424 of this of the Code, as well as to perform at its own expense actions that, in accordance with the law, other legal acts, the contract or the usual requirements, are necessary for making a payment.

Court established that... f.f. Muhammadiev, R.G. Muhammadieva, on the one hand, and the defendant, on the other hand, entered into a social mortgage agreement, according to which the defendant undertook to provide F.F. Muhammadiev, R.G. Muhammadieva the opportunity to participate in the selection, use and receipt after payment of the share in full ownership of the future apartment invested by the defendant (case sheets 7-9), thus, on the basis of Articles 9, 421 of the Civil Code of the Russian Federation, the parties to the agreement voluntarily assumed all rights and obligations, arising from the terms of the social mortgage agreement.

By virtue of clause 1.2 of the contract, clause 4 of article 421 of the Civil Code of the Russian Federation, the legal relations of the parties in addition to the contract are also determined by the provisions of the Law of the Republic of Tatarstan dated December 27, 2004 No. August 02, 2007 No. 366 “On further measures to implement the Law of the Republic of Tatarstan dated December 27, 2004 No. 69-3RT “On state support for the development of housing construction in the Republic of Tatarstan” and improve the procedure for providing housing within the framework of republican state support”, Procedure providing citizens with residential premises on a social mortgage, approved by the above Decree of the Cabinet of Ministers of the Republic of Tatarstan dated August 02, 2007 No. 366.

As established by Article 3 of the Law of the Republic of Tatarstan dated December 27, 2004 No. 69-3RT, social mortgage is the provision of housing to citizens in installments in accordance with the basic requirements for state support for the development of housing construction; the norm of the total area of residential premises provided on the principles of social mortgage - the size of the area of residential premises, within the framework of which state support is provided to citizens in exercising their rights to housing on the principles of social mortgage.

From Article 11 of the Law of the Republic of Tatarstan dated December 27, 2004 No. 69-3RT, it follows that the main requirements for state support for the development of housing construction in the social mortgage system include the adoption by the relevant authorities of the standard for the total area of residential premises provided on the principles of social mortgages.

Paragraph 4 of the Decree of the Cabinet of Ministers of the Republic of Tatarstan dated August 02, 2007 No. 366 established that the standards for the total area of residential premises provided with state support are for a family of 3 or more people - 18 square meters per person.

F.F. Muhammadiev, R.G. Muhammadieva selected an apartment to be provided under a social mortgage agreement: address: ..., area ... rubles, of which the standard for the total area of residential premises provided with state support is indicated in the amount of ... square meters, the area in excess of the standard -. .. rubles; the estimated cost of one square meter of an apartment according to the established standard amounted to ... rubles, the estimated excess cost of one square meter of an apartment amounted to ... rubles, in connection with which, the parties to the social mortgage agreement drew up and signed a protocol of participation, selection and transfer of a citizen’s future own apartment .

The terms and period of installment payments for citizens are determined in accordance with the Decree of the Cabinet of Ministers of the Republic of Tatarstan No. 366 dated August 02, 2007.

U... (case sheet 16). As the plaintiffs explained at the court session, they turned to the defendant to receive state support (sent to pay for the cost of housing) in the amount of the corresponding cost ... square meters, however, this support was provided in the amount of ... rubles. This amount was allocated to the plaintiffs, it is on their account in the NGO “GZhF under the President of the Republic of Tajikistan”.

The provisions of the Decree of the Cabinet of Ministers of the Republic of Tatarstan dated August 02, 2007 No. 366 established that residential premises intended to be provided within the framework of state support, the construction of which was invested by a specialized organization for social mortgage in the amount of funds irrevocably transferred by the state customer under the agreement, are distributed as follows:

for public sector employees - 45% of the volume of housing built;

for employees of organizations involved in the financing of social mortgages - 45% of the volume of actual participation in the financing of state support on a cumulative basis starting from 2005;

for citizens in need of urgent support - 10% of the volume of housing built.

At the same time, it is provided that for citizens participating in target programs, residential premises are provided in the amount determined by the board of trustees of a specialized organization, on the conditions provided for by the relevant target programs, and for citizens, including for public sector employees, residential premises built for the account of additional sources of specialized organizations are provided in the amount agreed upon by the board of trustees of a specialized organization.

In accordance with the standards defined by the said resolution, the total area of residential premises provided with state support:

for a single citizen is 33 square meters. meters;

for a family of 2 people - 42 sq. meters;

for a family of 3 or more people - 18 sq. meters per person.

Exceeding the standard for the provision of residential premises with state support at an established preferential price in the cities of Kazan, Naberezhnye Chelny, Almetyevsk, Nizhnekamsk, Zelenodolsk, Yelabuga should not be more than 20 percent. If the excess of the standard is more than 20 percent, then the total area of the dwelling that exceeds the standard (including 20 percent) is paid using a multiplying coefficient to the price of 1 sq. meters of housing, approved by the Cabinet of Ministers of the Republic of Tatarstan for the implementation of the social mortgage. The provision of residential premises with state support to employees of organizations participating in the financing of social mortgages is carried out in accordance with the standards determined in the manner established by the collective agreement (clauses 2, 3, 4).

In accordance with the Procedure for determining the conditions and terms of installment payments of citizens for the purchase of housing on a social mortgage, approved by the Cabinet of Ministers of the Republic of Tatarstan dated August 02, 2007 No. 366, the initial cost of 1 sq. meters of purchased residential premises - the cost, determined taking into account the costs incurred in financing the construction, capitalization of the land and the state of the real estate market.

The initial cost of 1 sq. meter of the acquired residential premises is established by a specialized organization (State Housing Fund under the President of the Republic of Tatarstan). The cost of the unpaid part of the residential premises increases at the rate of 7% per annum monthly (7/12 percent per month) from the date of approval of the acceptance certificate of the completed object by the acceptance committee (paragraphs 2, 3).

In view of the above requirements of the law, the court comes to the conclusion on the groundlessness of the stated claims.

Analyzing the content of the concluded agreement by interpreting its terms, the court comes to the conclusion that, by virtue of paragraph 1 of Article 454, paragraph 2 of Article 455 of the Civil Code of the Russian Federation, Article 3 of the Law of the Republic of Tatarstan dated December 27, 2004 No. 69-3RT, between F .F. Muhammadiev and R.G. Muhammadieva, on the one hand, and the defendant, in connection with the conclusion of a social mortgage agreement, developed a relationship for the purchase and sale of a future apartment with payment for goods in installments. At the same time, the choice of an apartment (the subject of the contract) is left to the discretion of the buyer, and the price is determined at the stage of choosing an apartment and made dependent on the standards for the total area of residential premises provided with state support, which, by virtue of Article 11 of the Law of the Republic of Tatarstan of December 27, 2004 No. 69-3PT are established by the regulatory acts of the authorized bodies and do not depend on the will of the parties to the contract.

In accordance with clause 2.6 of the agreement, the protocol for participation, selection and transfer of a future own apartment is a binding document that is an integral part of the agreement, individualizing the “future own apartment”, confirming the right to participate, its “choice”, “declared cost of 1 sq.m” , compliance with its technical requirements and consumer properties, transfer, as well as "area", "number of unpaid square meters", "installment period" for making a "deposit" during its use and registration in the property of a citizen, "the size of" changes in the cost of unpaid meters of future own apartment."

F.F. Muhammadiev, R.G. Muhammadieva selected an apartment to be provided under a social mortgage agreement: address: ..., of which the standard of the total area of residential premises provided with state support is indicated in the amount of ... square meters, the area in excess of the standard is ... rubles; the estimated cost of one square meter of an apartment according to the established standard amounted to ... rubles, the estimated excess cost of one square meter of an apartment amounted to ... rubles, in connection with which, the parties drew up a protocol of participation, selection and transfer of a citizen’s future own apartment, thereby, in the force of clause 2.6 of the social mortgage agreement, determined the subject of the concluded agreement and its value (case sheet 15).

With such data, it follows that the Muhammadievs independently chose and were provided by the defendant with a three-room apartment with a total area of ... sq.m, while according to the established standard, they were supposed to have a living space of ... sq.m. for a family of three. m.

Providing the plaintiffs with housing was carried out on a general basis, provided for by the Decree of the Cabinet of Ministers of the Republic of Tatarstan dated ... ..., according to which the initial cost of 1 sq. m of the acquired residential premises is established by a specialized organization, taking into account the costs incurred in financing the construction, capitalization of the land plot and the state of the real estate market. Paragraph 3 of this regulatory legal act establishes the possibility of increasing the cost of the unpaid part of the residential premises.

As the plaintiff explained at the court session, after they signed the social mortgage agreement, the defendant transferred them ... rubles, the plaintiffs began to deposit funds. After the family scored the required number of points, they were given the right to choose an apartment. The Mukhammadiyevs chose a three-room apartment, then a drawing of apartments took place. At the time of choosing the apartments, the defendant's website indicated the price of one square meter - ... rubles, this price was subsequently accepted by the parties as the estimated cost of one square meter.

At the same time, the court takes into account that the Muhammadievs voluntarily took part in the competition for the choice of an apartment and signed the protocol, accepting all the conditions for providing an apartment contained therein, including those establishing the estimated cost of one square meter of an apartment according to the established standard in the amount of ... rubles, an estimated excess the cost of one square meter of an apartment in the amount of ... rubles

In addition, during the course of a year and a half, the plaintiffs properly fulfilled their contractual obligations and deposited funds to the settlement account of the NGO “GZhF under the President of the Republic of Tatarstan”, according to the payment schedule.

Since the terms of the contract regarding the establishment of the cost of 1 sq. m apartment in the amount of ... rubles according to the established standard and ... rubles. above the norm do not contradict the requirements of the current regulatory legal acts of the Republic of Tatarstan, which regulate the procedure for providing housing to citizens on a social mortgage and the conditions for payment by citizens of acquired residential premises, there are no legal grounds for satisfying claims.

In addition, at the time of signing the protocol for the transfer to the plaintiffs of the apartment from ..., which, by virtue of clause 2.6 of the social mortgage agreement, is an integral part of this agreement, the resolution of the Cabinet of Ministers of the Republic of Tatarstan No. binding on the parties.

As for the requirements for imposing the obligation on the defendant to provide state support (directed to pay for the cost of housing), the court also considers the requirements not subject to satisfaction in this part.

In accordance with the Decree of the Cabinet of Ministers of the Republic of Tatarstan No. 188 dated April 15, 2005 “On the procedure for selling housing on a social mortgage”, if after registration a child is born to a young family, she receives state support (directed to pay for the cost of housing) in the amount of equivalent to the cost of 18 sq. meters, but not more than the cost of the unpaid part of the dwelling at the time of the birth of the child.

Decree of the Cabinet of Ministers of the Republic of Tatarstan N 366 dated August 02, 2007 "On further measures to implement the Law of the Republic of Tatarstan dated December 27, 2004 N 69 ZRT "On state support for the development of housing construction in the Republic of Tatarstan" and improve the procedure for providing housing within the framework of republican state support" the norm providing for state support (directed to pay for the cost of housing) in an amount equivalent to the cost of 18 sq. meters, but not more than the cost of the unpaid part of the dwelling at the time of the birth of the child, and another norm of state support has been introduced, namely, if after being registered with the family a child is born, she has the right to state support (directed to pay for the cost of the dwelling) for the amount of 200 thousand rubles, but not more than the cost of the unpaid part of the living quarters at the time of the birth of the child.

As the plaintiff explained, state support was provided to the Muhammadiev family in the amount of ... rubles, in full accordance with the Decree of the Cabinet of Ministers of the Republic of Tatarstan No. sale of housing on a social mortgage”, since at the time of the birth of the child, the plaintiffs had this decision in force.

Under such circumstances, there are no grounds for satisfying the claims.

Based on the foregoing and, guided by Articles 194-196, 198 of the Code of Civil Procedure of the Russian Federation, the court

decided:

In satisfaction of the claims of F.F. Muhammadieva, FULL NAME11 Muhammadieva to the Non-Profit Organization "State Housing Fund under the President of the Republic of Tatarstan" on recognizing the actions as illegal, imposing the obligation to apply to the legal relations of the parties Resolution of the Cabinet of Ministers No. the obligation to apply to the legal relations of the parties the cost of one square meter of housing in the amount of ... rubles, imposing the obligation to provide state support in an amount equivalent to the cost of 18 square meters - refuse.

The decision of the court may be appealed by the parties to the Supreme Court of the Republic of Tatarstan through the Vakhitovsky District Court of the city of Kazan within one month from the date of issuance of the decision in the final form.

Copy is right. Judge (signature)

Referee: D.R. Shakiryanova

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, with the secretary R.N. Fazylova, having examined in open court a civil case on the statement of claim Akhmedzhanova P.A. to the non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" for the recovery of rubles 66 kopecks

SET UP:

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 a social mortgage agreement was drawn up between the defendant and Akhmedzhanova G.D., a minor Akhmedzhanova RR, and im- Akhmedzhanov R.A. DD.MM.YYYY they received an apartment at Arsk, . DD.MM.YYYY he is excluded from the program. Payment under the contract amounted to rubles. By the decision of the Arsky District Court of the Republic of Tajikistan, when dividing property in favor of Akhmedzhanova G.D. collected paid payments on social mortgage RUB 31 kopecks. In accordance with clause 7.1.3. social mortgage agreement in the event of termination of the contract the amount of the deposit paid is subject to return, however, the defendant refused him a refund.

Plaintiff Akhmedzhanov R.A., his representatives Vakhitov L.D. and Ignatov I.I. At the hearing, the claims were 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 court session, sent a response in which he asks to dismiss the claim.

The representative of a third party Akhmedzhanova G.D.- Egorov A.A. asks to dismiss the claim.

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

According to Article 453 of the Civil Code of the Russian Federation, when the contract is amended, the obligations of the parties remain unchanged. Upon termination of the contract, the obligations of the parties terminate, unless otherwise provided by law, the contract or follows from the essence of the obligation. In the event of a change or termination of the contract, the obligations are considered changed or terminated from the moment the agreement of the parties on the change or termination of the contract is concluded, unless otherwise follows from the agreement or the nature of the change in the contract, and in the event of a change or termination of the contract in a judicial proceeding - from the moment it enters into force. court decision to change or terminate the contract. The parties are not entitled to demand the return of what was performed by them under the obligation before the moment of amendment 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 sum of money issued by one of the contracting parties on account of payments due from it under the contract to the other party, as evidence of the conclusion of the contract and to ensure its execution, is recognized as a deposit.

On the basis of Article 381 of the Civil Code of the Russian Federation, upon termination of an obligation before the start of its execution 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 non-performance of the contract, it remains with the other party. If the party that received the deposit is responsible for non-performance of the contract, it is obliged to pay the other party the double amount of the deposit.

It was established that DD.MM.YYYY between the plaintiff Akhmedzhanov P.A., Akhmedzhanova G.D., acting for herself and her minor child Akhmedzhanova P.R. and NGO "State Housing Fund under the President of the Republic of Tatarstan" concluded a social mortgage agreement No., 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 choosing a future own apartment, a Protocol was drawn up for participation, selection and transfer of a citizen’s future own apartment to the Agreement, in accordance with which the Akhmedzhanov family of 4 people was provided with an apartment located at:.

Marriage between Akhmedzhanovs R.A. and G.D. terminated DD.MM.YYYY.

Akhmedzhanova G.D. currently lives 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 about removing it from the accounting case under the said social mortgage agreement.

From the extract from the protocol of the VI meeting of the public housing commission under the new executive committee dated DD.MM.YYYY, it is seen that the application of Akhmedzhanov R.A. on his exclusion from the family in accounting case No. in connection with the dissolution of the marriage was satisfied.

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

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

By letter No. 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 to him.

The Court considers this refusal justified.

With the concluded social mortgage agreement, the return of funds can be carried out only upon termination of the social mortgage agreement.

In this case, the contract between the parties is not terminated. In accordance with the terms of the agreement, the Akhmedzhanovs were provided with an apartment, which is currently used by Akhmedzhanova G.D. 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.

Under such circumstances, the claims of the plaintiff for the recovery of his share of the money paid to the NGO "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' shares in the paid funds under the social mortgage agreement, arose between the spouses Akhmedzhanovs, and not between the plaintiff and the defendant in this civil case.

Collection of funds from Akhmedzhanova R.A. in favor of Akhmedzhanova G.D. by decision of the Arsky District Court of the Republic of Tajikistan dated DD.MM.YYYY, is not a basis for the collection of these funds from the State Housing Fund under the President of the Republic of Tajikistan.

Akhmedzhanov R.A. is not deprived of the opportunity to protect their rights by filing a claim against the proper defendant with the requirements corresponding to 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 Akhmedzhanov R.A. to the non-profit organization "State Housing Fund under the President of the Republic of Tatarstan" for the recovery of rubles 66 kopecks - 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)

The defendant is the owner of the dog. The defendant's neighbor accused her of having bitten the child by her dog. The defendant tried to explain to her that her dog had been at the site since morning and she could not attack anyone. Quite rudely, the plaintiff told the defendant that she did not care and she would be responsible for it. Based on the statement of claim, the Alabai dog attacked the child. However, there is no evidence that this is the defendant's dog. The defendant asks the court to dismiss the claims in full.

To the justice of the peace of the court district No. ____
_____________ judicial district MO

Claimant: ________________________

Respondent: ________________________
The address: ________________________

Objection to a claim

I, ______________________, am the owner of an Alabai breed dog named "_____".
_________ of the year, around the middle of the day, our neighbor, ____________________ from house 10, turned to my relatives and accused me of biting the child with my dog. I tried to explain to her that my dog was on the site this morning and she could not attack anyone. Quite rudely, ____________________ said that she didn’t care and I would be responsible for this. I did not continue this conversation and the neighbor went to her site.
Approximately in the second half of December, ______________________ herself, the mother of the bitten child, came and demanded a certificate from me about the state of health of my dog, in particular, the presence of rabies, I did not argue with her and on December 13 I made a certificate where it is written that my dog is completely healthy. More _____________________ did not contact me either with claims or with any requests.
Based on the statement of claim ____________ at about ______, a dog of the Alabai breed attacked the child. However, there is no evidence that this is my dog. It doesn't even say that this dog went back to the site. It turns out that the neighbor saw a dog that looked like mine and immediately began to blame me.
In accordance with Article 56 of the Code of Civil Procedure of the Russian Federation:
1. Each party must prove the circumstances to which it refers as the grounds for its claims and objections, unless otherwise provided by federal law.
2. The court determines which circumstances are relevant to the case, which party is to prove them, submits the circumstances for discussion, even if the parties did not refer to any of them.
As for the provision of a certificate of the absence of rabies in my dog, as can be seen from the documents, it was made in ____________, but for some reason the Plaintiff did not indicate this in his statement of claim.
The plaintiff insists that the child began to develop a depressive state. However, there is no document in the file. characterizing the condition of the child. No psychiatric reference, nothing. At the same time, there is no medical conclusion that the decrease in immunity is directly related to the current situation. All statements are rather unfounded.
As for the checks for the treatment of a child, they are completely doubtful. Based on these checks, we see the following medicines:
- ingalipt - The drug is prescribed for infectious and inflammatory diseases of the upper respiratory tract (tonsillitis, pharyngitis, laryngitis, aphthous and ulcerative stomatitis).
- sumamed- In case of infection of the upper and lower respiratory tract, skin and soft tissues (with the exception of chronic migratory erythema)
- bifidumbacterin - for the prevention of intestinal diseases
- viferon-1 - - as part of the complex therapy of infectious and inflammatory diseases in newborns (including premature babies): SARS, pneumonia (bacterial, viral, chlamydial), meningitis, sepsis, specific intrauterine infection (chlamydia, herpes infections, cytomegalovirus infection, enterovirus infections, visceral candidiasis, mycoplasmosis);
- as part of the complex therapy of chronic viral hepatitis B, C, D in children, as well as in the treatment of chronic viral hepatitis of a pronounced degree of activity and cirrhosis of the liver using plasmapheresis and hemosorption;
- Kagocel - Kagocel is recommended by the Ministry of Health and Social Development of the Russian Federation for the prevention of influenza in adults and the treatment of adult patients with moderate and severe forms of influenza caused by the A / H1N1 type virus
-rinofluimucil - Acute and subacute rhinitis with thick purulent-mucous exudate, chronic rhinitis, vasomotor rhinitis, sinusitis.
- karmolis - prevention and symptomatic treatment of influenza and SARS,
- Ascorbic acid - Hypovitaminosis C, hemorrhagic diathesis, bleeding (nasal, pulmonary, hepatic, uterine), infections, intoxication, liver disease, adrenal insufficiency, sluggish healing wounds, ulcers, bone fractures, dystrophy, increased physical and mental stress, pregnancy and lactation.
And the other two checks are generally unknown for what and what was purchased. Based on this list of drugs, it seems that someone was very sick. Even if these drugs were purchased for a child, there is no appointment by a doctor of these particular drugs.
Another of the attached receipts is dated __________ for the purchase of a down jacket (for children), and the incident itself occurred in ____________, I am required to pay the full cost of the down jacket, which I consider inappropriate.
Based on Article 67 of the Code of Civil Procedure of the Russian Federation:
1. The court evaluates the evidence according to its inner conviction, based on a comprehensive, complete, objective and direct examination of the evidence available in the case.
2. No evidence has a predetermined force for the court.
3. The court evaluates the relevance, admissibility, reliability of each evidence separately, as well as the sufficiency and interconnection of evidence in their totality.
4. The court must reflect the results of the assessment of evidence in the decision, which contains the reasons why some evidence is accepted as a means of substantiating the conclusions of the court, other evidence is rejected by the court, as well as the grounds on which one evidence is given preference over others.
5. When evaluating documents or other written evidence, the court is obliged, taking into account other evidence, to make sure that such a document or other written evidence comes from a body authorized to present this type of evidence, signed by a person entitled to affix the document with a signature, contains all other essential details this type of evidence.
6. When evaluating a copy of a document or other written evidence, the court checks whether the content of the copy of the document has changed in comparison with its original during copying, what technique was used to copy it, whether copying guarantees the identity of the copy of the document and its original, how the copy was saved document.
7. The court cannot consider proven circumstances that are confirmed only by a copy of a document or other written evidence, if the original document is lost and not handed over to the court, and the copies of this document submitted by each of the disputing parties are not identical to each other, and it is impossible to establish the true content of the original document using other evidence.