Posted 31 марта, 07:46
Published 31 марта, 07:46
Modified 31 марта, 08:27
Updated 31 марта, 08:27
As you know, many young people in Russia already at the age of 20 are starting families, having children, buying real estate with a mortgage, making loans for cars or other necessary needs. Who will support the family and pay all the mandatory expenses for utilities and loans if the draft age is raised from 27 to 30 years? These questions are answered by lawyers of the medical and legal company "Invokanet".
The general right of citizens to change the terms of a loan agreement, including under an agreement, the obligations under which are secured by a mortgage, is already enshrined in Article 6.1-1 of the Federal Law "On Consumer Credit":
- suspension of performance of obligations (postponement/vacation);
- reduction of the amount of regular payments.
To exercise this right, the following conditions must be met:
- the amount of the loan should not exceed the maximum limits set by the Government of the Russian Federation;
- the request to change the terms of the contract occurs for the first time;
- in the case of a mortgage, its subject must be the only habitable housing;
- the borrower, at the time of applying to the lender, is in a difficult life situation.
Among other circumstances, a difficult life situation is also understood as a decrease in the average monthly income for the last 2 months by 30 percent (compared to the average monthly income for the past year). At the same time, the amount of regular payments under the loan agreement should exceed 50 percent of the current monthly income.
In accordance with paragraph 1 of the Decree of the Government of the Russian Federation No. 1014 of July 10, 2020, the monthly salaries of military personnel undergoing conscription in the Armed Forces of the Russian Federation amount to 2,000 rubles. This amount, in most cases, is not enough to cover even half of the average loan payment.
Based on the described conditions, a serviceman during the period of service has the right to apply for a change in the terms of the loan agreement and ask for a postponement due to a decrease in income due to conscription into the Armed Forces of the Russian Federation.
At the end of 2022, a federal law was adopted re-establishing the right to credit holidays specifically for persons taking part in a special military operation, as well as for their family members. Citizens called up for conscription did not appear in this list, so they can use the right to delay or change the amount of loan payment only on general grounds.
Currently, amendments to the legislation are being prepared that will allow any participant in credit relations to freely use the right to credit holidays.
In accordance with the Decree of the Government of the Russian Federation No. 354 of May 6, 2011, in the temporary absence of a consumer of utilities in a residential premises (provided that it is not equipped with any metering devices), he has the right to apply for recalculation of the amount of payment for certain types of utilities.
A citizen serving on conscription and, obviously, absent at the place of residence, can send home a certificate that will confirm his stay in a particular military unit. On the basis of this document or another confirming the fact of absence, his family members registered in this apartment will be able to apply for recalculation of certain types of utility payments.
The following guarantees are provided for family members of military personnel serving on conscription for the period of this service:
One-time allowance to the pregnant wife of a serviceman;
Monthly allowance for the child of a serviceman.
From February 1, 2023, the amount of the above benefits is:
One-time allowance for pregnant wives – 36,278 rubles;
The monthly child allowance is 15,548 rubles.
It is also necessary to take into account that in districts and localities where district wage coefficients are established, the amount of the benefit is determined using these coefficients, if they are not taken into account as part of the salary.
Not only the mother of the child, but also other persons have the right to a monthly allowance for the child of a serviceman undergoing military service on conscription. Their consideration as recipients of the allowance is necessary in cases where the mother of the child of a serviceman undergoing military service on conscription:
- died or according to Article 45 of the Civil Code of the Russian Federation declared deceased;
- deprived of parental rights (Article 69 of the RF IC) or restricted in parental rights (Part 2 of Article 73 of the RF IC);
- recognized as missing (Article 42 of the Civil Code of the Russian Federation);
- recognized as incapacitated (Article 29 of the Civil Code of the Russian Federation) or with limited legal capacity (Article 30 of the Civil Code of the Russian Federation);
- due to his state of health, he cannot personally raise and support a child (for example, with long-term inpatient treatment);
- is serving his sentence in institutions executing the punishment in the form of deprivation of liberty (correctional colonies of general, strict, special regime, settlement colonies);
- is in places of detention of suspects and accused of committing crimes;
- evades the upbringing of the child or the protection of his rights and interests, or refused to take his child from educational organizations, medical organizations, social service organizations and other similar organizations.
Apply to the bank to change the terms of the loan agreement (to grant deferred payments) due to a significant decrease in income.
Check the receipt of a one-time allowance for a pregnant wife, or a monthly allowance already directly for the child.
To send family members a certificate from the military unit confirming the absence at the main place of residence, so that they could make recalculation of payments for some utilities.