Contemporary Problems of Social Work Современные проблемы социальной работы academic journal

136
CONTEMPORARY PROBLEMS OF SOCIAL WORK
Kukarskaya K.V.,
postgraduate student, Russian State Social University, Moscow.
E-mail: [e-mail]
 
UDC 347.274.3; 347.277.23
 DOI: 
10.17922/2412-5466-2016-2-1-136-142
Socio-Economic Problems of a Mortgage Note
Receiving date:
19.01.2016
Preprint date:
25.02.2016
Taking to print date:
28.03.2016
Annotation:  the article examines the obligation ensuring the citizens’ demands in housing that is most 
demanded in the current socio-economic conditions – mortgage. Relationship between a pledgee, creditor and 
mortgagor – borrower was subjected to survey. Peculiarities and a procedure of provision of immovable property 
to ensure performance of obligations under a loan agreement are singled out in the article. The most acute 
problems in sphere of mortgage note are revealed, inter alia, in comparison to foreign legislation. The area of 
application of results is contractual relationship arising on basis of credit agreements. Academic originality 
of a present work consists in specification and development of scientific views about credit mortgage-backed 
obligations, definition of a concept of apartments as a subject of mortgage, proposals on issues of development 
of legal mortgage relationships. A conclusion that residential mortgage is one of the most priority national 
directions requiring certain control on the part of a state, but not interfering in contractual relationship between 
participants of a civil turnover, is made. For achievement of research objectives a dialectical, comparatively legal 
method and, formally, a legal method of scientific cognition were used.
Key words: a creditor, a pledgee, a borrower, a debtor, a credit agreement, mortgage.
Introduction
It is difficult to overestimate significance of mortgage in modern world. The instrument of 
mortgage is one of the important socio-economic directions of development of the country.
Mortgage is one of the most marketable ways of provision of discharge of obligations. It is 
related to transfer for provision of discharge of obligations of the immovable property being 
a guarantee of a return of obligations. Advantage of mortgage is that it concerns objects 
relocation of which is without disproportionate detriment to their designation is impossible, as 
well as those subject to state registration the creditor has the priority right to satisfaction of 
his requirements before other creditors.
Civil law relations originating between the creditor and borrower who later on make a 
contract of mortgage as security for the principal obligation in the quality of a pledgee and 
mortgagor are the object of research. Norms of civil law regulating a procedure of provision of 
immovable property for cover of fulfillment of obligations under the credit agreement are the 
subject of this paper.
The purpose of the paper consists in revealing the most acute problems in sphere of a 
mortgage note, making the comparison of Russian legislation to foreign.
Legal relationships arising on basis of obligations and a subject of mortgage, contained in papers 
by Chefranova Ye.A., Kuznetsova O.V., Mochalova V.A., Pashova D.B., Ruchkina G.F., Shevchuk D.A., 
Shilovskaya A.L., Sitdikova L.B., Starodumova S.Yu., Zhirov A. make a theoretical basis of the study.
For achievement of research objectives the following methods of scientific cognition were 
used: A general scientific (dialectical method) and concrete scientific (particular) (a, formally, 
legal comparative-legal).

---

137
VOLUME 2, No. 1, 2016
The method of dialectic which accommodates analysis and synthesis allowed revealing basic 
approaches to understanding of the substantive content of mortgage note category reveal 
peculiarities of a concept of apartments as of a subject of mortgage.
The method of a comparative-legal approach was applied during decision of a number of 
practical issues such as objects of mortgage, conditions, and volumes of liabilities et al. 
Formally the legal method was used at estimate of norms constituting a subject of research 
and during substantiation of recommendations on perfection of legal regulation of relations of 
participants of a civil turnover.
Results
1.  For purposes of support and provision of citizens with affordable housing categories of 
citizens having the right to state support must be defined (as it is done in the framework of 
the subprogramme “Fulfillment of state obligations for backing with housing of categories of 
citizens established by federal legislation”); the individual rules where the respective privileges 
to acquisition of housing, the rules of repayment of a mortgage credit, indexing, the reduced 
interest rates, reduction of cost of registration of documents will be consolidated must be 
developed. In particular, to define and delimit categories of citizens with consideration for their 
features: Poor, large, young families, disabled persons of the Ist, IInd and IIIrd group, state civil 
servants, soldiers, and to provide state support with consideration for socio-economic problems 
and material possibilities of each separate group.
2.  We believe the state in cooperation with credit institutions must develop purposeful 
policy in promotion of availability of mortgage credits since for the government this is the basis 
of stability of a state system and welfare of the society, for banks – this is one of the factors of 
stability of a banking system because it provides credit recovery.
3.  So as to prevent crisis situations related to economic instability of the rate of foreign 
exchange and oil prices, granting mortgage credits in currency of the Russian Federation 
appears adequate.
4.  It is expedient to borrow positive experience and envisage a possibility of use of methods 
and experience of these countries from the laboratory test result of systems of social support 
of borrowers in the European countries with a condition of adaptation of a system to realities 
of Russia.
Discussion
The main task of social state policy is to provide its citizens with affordable housing. The 
important components for acquisition of affordable housing are respective acquisition prices 
and acceptable terms.
In our country this problem is given great attention which is expressed in passing of 
federal laws aimed at legislative provision of formation of affordable housing market. So, by 
the Government Decree of December 17, 2010. No. 1050 “About the federal target program 
“Dwelling” for 2015–2020” a release and sale of state housing certificates in the framework 
of the subprogramme “Fulfillment of state obligations for backing with housing of categories 
of citizens established by federal legislation” and application of a form of an agreement 
on provision of a subsidy from the federal budget to the budget of a subject of the Russian 
Federation are determined [2].
Therefore for separate categories of citizens the individual rules where the respective 
privileges to acquisition of housing, the rules of repayment of a mortgage credit, indexing, the 
reduced interest rates, reduction of cost of registration of documents will be consolidated, must 
be developed. For example, state support to militarymen is regulated by the Federal law of 
20.08.2004 No. 117-FL “Concerning the Savings and Mortgage System of Housing Provision for 
Militarymen”.
The mortgage housing lending programmes must contribute to solution to one of the most 
important social problems namely of a housing problem [9].

---