Contemporary Problems of Social Work Современные проблемы социальной работы academic journal

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CONTEMPORARY PROBLEMS OF SOCIAL WORK
Sometimes it even occurs that even with consideration for initial installment, monthly 
payments which the borrower paid during 5 years and more after that financial difficulties 
originated and a borrower began to commit violations on crediting of a credit to an account, 
delinquencies fit, the fines, property in sale of it do not cover all the sum of their debt to a 
pledgee.
According to item 3 of article 54 of the Law on mortgage upon mortgagor’s application if 
there are reasonable excuses a court has the right of deferral for a term of up to one year of 
the decision about imposition of collection for mortgaged property if a pledger is a citizen 
regardless what property is pledged under the mortgage contract by this citizen, provided that 
the pledge is not bound to exercising entrepreneurial activity by this citizen [5].
The above norm is universal, and is applicable to living quarters and non-residential premises 
[18]. The status of a subject is important here [13]. But then a question why for the citizen 
there are the apartments where one cannot constantly live arises and he does not carry out 
entrepreneurship. Moreover, in accordance with tax legislation the taxes on non-residential 
premises are higher than on residential ones. A system of tax benefits exists on the residential 
premises.
If this situation is compared to the foreign, for example, British legislation, there is an 
absolutely different system.
They have mortgage transactions with a purchase of immovable property for the subsequent 
lease. It is particularly important these premises have the status of residential premises. Natural 
persons, as well as legal entities can be the subjects. The subject of mortgage can be acquired 
and inherited. At the same time the lessors using mortgage have tax advantages, interest rates 
lower than for acquisition of residential premises without a lease [15].
A situation of Russian borrowers significantly deteriorated at the place, especially of the 
debtors who were taking out loans in dollars and euro after ruble rate drop [16].
In the opinion of a number of experts, introduced US sanctions with the European countries 
as well against Russia, in a regard to actions in Ukraine, became one of the causes of an economic 
crisis in Russia. In the opinion of other experts, the cause of crisis is oil price drop, but not the 
sanctions. In a regard to a crisis the sum of debt of currency debtors doubled.
The borrowers who were drawing credits to security of non-residential premises with 
the subsequent lease found themselves in a more advantageous situation. These borrowers 
respectively simply increased rent, but even sale of non-residential premises does not place a 
borrower to a hopeless provision so as he does not lose housing.
The borrowers who were taking out currency loans for acquisition of the living quarters that 
are their only housing found themselves in a critical situation [3].
The state proposed the banks to suit borrowers for a meeting and restructure liabilities 
expressed in foreign currency into national currency at the preferential rate of ruble.
But not all the creditors met halfway to the debtors, because the bank was the commercial 
organization of which extraction of profit is the objective and not everyone wants to lose a 
possibility to receive excess earnings.
On the other hand, the main lot of currency borrowers were guided by their interests, at 
receipt of a credit in foreign currency, too because the interest rates on currency credits were 
lower than on credits expressed in rubles.
An opinion exists that “state support is one of the options of resolution of the current 
situation credits an organization in its form pre capitalization under a condition of restructuring 
of liabilities expressed in foreign currency into national currency proceeding from the rate of a 
ruble in a relation against foreign exchange as at the date of a credit agreement or another date 
of operation of stable ruble rate” [10].
Such position is not attractive on the basis that state support is carried out at the expense 
of budget funds and, as we, we know budget funds – means of taxpayers are namely ours. It is 

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believed one needs to undertake restructuring of liabilities at the rate of a ruble which will be 
set as compromise between the rate which was already making of some banks before a crisis and 
the current exchange rate that some banks began to do.
Also the creditor could consider a situation and possibilities of a borrower in an individual 
way, choosing an optimal solution in the current situation.
Conclusion
Generalizing conducted research, one can make the following conclusions.
Legal control of a state of such socially important sphere as housing should order and 
systematize legal mechanisms of mutual responsibility of the parties during conclusion of a 
contract. From the lender’s side, it is necessary to introduce a duty of preventing the possible 
negative effects when choosing long-term credits in foreign currency, the obligation to provide 
more favorable conditions when selecting credits in national currency, and the borrower must 
estimate his / her chances.
In comparison to terms of foreign mortgage debentures there are high interest rates on 
credits being granted for a purchase of residential real estate in Russia. If in Europe the interest 
on a mortgage housing credit is 2–3%, they are even higher in Russia amounting to from 13.95%. 
At the same time regarding the deposits such interest rates are set which will not earn the profit, 
but only cover inflation, allowing merely to retain money.
Establishment of the respective norms of law which contain the principles of social justice is 
the main task of government control.
Comparing and analyzing foreign legislation, but taking into consideration peculiarities of 
Russian economy, history, mentality, one can determine the most corresponding and effective 
legal means which will help to achieve the best results.
But the state should not interfere in contractual relationship of participants of a civil turnover 
because a constitutional principle of freedom of economic activity will be thus violated.
Only the law is a tool for resolution of individual and group social tasks.
References
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Registration acts: A teaching manual. M.: A Statute, 2006. 432 P.
2.  Gayduchenko T.N., Imameyeva A.T. Ensuring in Documentation the Operation of a Division of 
Housing Policy of Kazan City Districts // Deloproizvodstvo, 2012. No. 3.
3.  Guseva L.L., Sitdikova L.B., The Crediting of Transactions on Acquisition of Apartments 
in Residential Apartment Buildings // The topical Problems of Russian legislation, the 
Collection of articles, Moscow, 2011. P. 47–53.
4.  Kuznetsova O.V. The Practice of Judicial Disputes About Eviction // A Housing Right. 2009. 
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5.  Mochalova V.A. Civil Law Issues of Imposition of Collection for Mortgaged Immovable 
Property: a scientific and practical manual. M.: Justitsinform, 2013. 224 P.
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and a Practice. 2005. No. 4.
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10.  Ruchkina G.F. Liabilities Under the Credit Agreements Expressed in Foreign Currency and 
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// Audit bulletin, 2009. No. 1.
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