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CONTEMPORARY PROBLEMS OF SOCIAL WORK
Kukarskaya K.V.,
postgraduate student, Russian State Social University, Moscow.
E-mail: KukarskayaKV@yandex.ru
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).
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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].