3 yo who lost his mother to stay in his apartment due to public outcry
The reason for this decision was public outcry.
A powerful public response that arose around the story of the eviction of a three-year-old boy from the apartment forced the officials of the city of Shadrinsk of the Kurgan region to withdraw an action for the eviction of a three-year-old child after the death of his orphan mother.
The Mayoralty of the city said that the municipality sued only to resolve the issue of further use of housing by the son of the deceased.
The position of the city administration in this matter is entirely on the side of the minor. At present, it is decided to withdraw the action and allow the child to reside in the apartment before the expiration of the rent contract. During this time, the issue of granting a specified or equivalent apartment on a legal basis to a minor will be resolved, the Mayor's office says.
Alexey Kokorin, the Governor of the Kurgan region, took the situation under his personal control.
We will remind, mother of the boy 25-year-old Irina was an orphan, and she received this apartment under the contract of social rent in 2015. Six months ago, she was killed. The father of a boy, who had not lived with his family before, but took part in the upbringing of his son, arranged guardianship so that the child was not taken to the orphanage. However, the man does not have rights to an apartment. On this basis, the municipality sued for the seizure of housing.
By law, the state is indeed entitled to withdraw property, because under a social rent contract a person cannot privatize an apartment for five years. And by the time the boy's mother died, this time had not passed, lawyer Alexander Andryukov explained, who represents the interests of the family.
"The law is good, but such situations are not envisaged. The mother was killed, and the child remained. He is not guilty. Why should he suffer and leave without housing, although later he would have gotten this housing?" Alexander Andryukov is perplexed. According to the human rights activist, the law simply needs to be adjusted.
In connection with this history, the administration of the city of Shadrinsk together with the City Duma intends to apply to the Constitutional Court and the State Duma in order to change the articles regulating such issues in the Housing Code of the Russian Federation.