The property of the poor will be protected from the bailiff
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As Kommersant found out, a conflict was discovered in the mechanism of social contracts for starting a business: property for doing business, bought with money received from the state, can be seized on account of debts on loans. In this form, social assistance to the poor is ineffective and does not contribute to increasing their income. To resolve the contradiction, the State Duma initiated amendments to the Civil Procedure Code, which will protect such property from recovery.
A draft amendment to the Civil Procedure Code is being submitted to the State Duma, designed to protect the property of low-income citizens from seizure by bailiffs on account of debts on loans. We are talking about property that citizens acquire for doing business with budget money within the framework of a social contract. The project is introduced by the head of the committee on small and medium-sized businesses, Alexander Demin. Let us recall that the social contract is one of the most effective tools for helping the poor: families with incomes below the established threshold can conclude an agreement with the social security authority and receive payments in exchange for obligations to improve their financial situation. For example, a social contract can be concluded to run a subsidiary farm, open a business, find a job or get out of a difficult life situation and receive 30–250 thousand rubles. More than 62 billion rubles were allocated from the budgets of all levels to finance social contracts in 2021-2022. (see Kommersant dated May 30).
The Law “On Enforcement Proceedings” prohibits the collection of cash payments to poor citizens as part of state support, including on the basis of a social contract. Also, according to executive documents, it is impossible to collect property necessary for the professional activities of the debtor, with the exception of items worth more than 10 thousand rubles. However, property more expensive than this amount, according to the current legislation, bailiffs can seize from poor citizens without hindrance.
“A person, having debt obligations to credit organizations, receives certain funds for the acquisition of property under a social contract for entrepreneurial activities, often in order to pay off debts, and the state withdraws this property or part of it in an amount equivalent to the debt” – explains Alexander Demin. As a result, the deputy believes, the social contract depreciates and the state does not receive profit in the form of taxes from entrepreneurial activity. He also said that the idea of the bill is supported by the Ministry of Justice and the Ministry of Labor. The Ministry of Labor reported to Kommersant that no amendments were received by the department, but they consider it expedient to introduce at the legislative level a ban on the seizure of property acquired with the funds of a social contract. “Such property is acquired with state support to ensure the functioning of their own small business, has a designated purpose, allows a citizen to work and generate a stable income for his family … Amending the law will help eliminate legal conflicts,” they say.
According to the Accounts Chamber, starting a business is the second most popular goal of social contracts (156,000 social contracts, or 28%). As a result, 71% of its users increased their income; in another 37% of cases, the average per capita family income exceeded the regional subsistence level. Starting from July, payments under social contracts for conducting individual entrepreneurship can grow up to 350 thousand rubles, and for maintaining personal subsidiary plots – up to 200 thousand rubles. (the president recently gave such an order). However, despite the demand for the tool, the authorities still have questions about its effectiveness: poor citizens often do not have the knowledge necessary for doing business. Therefore, the state support will be joined by the Ministry of Economy, which should train novice entrepreneurs in specialized skills.
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