The Ministry of Justice proposed to allow bailiffs to break open the door to verify the legitimacy of redevelopment or installation of gas equipment, but only if it is impossible to get into the apartment in another way. The corresponding document is published on the portal of draft regulatory legal acts.

The proposed amendments should be enshrined in the Law on Enforcement Proceedings. The new legislative initiative has been prepared in connection with the government’s order and is aimed at “ensuring the safety of life and health of citizens, timely detection and elimination of malfunctions of gas equipment, as well as preventing deterioration of the technical condition, destruction of an apartment building or part of it in cases of unauthorized reconstruction or redevelopment”.

According to the text of the document, the owner of the apartment is obliged to provide unhindered access to the bailiffs. If this does not happen, then the bailiff makes a decision on the collection of the performance fee, and also “sets a new deadline for the debtor to provide access and warns him that after this period access to the premises will be made without additional notification of the debtor”.

If even after that the representatives of the authorities fail to get into the premises, then, at the suggestion of the Ministry of Justice, they get the right to hack.

“When making forced access to the premises, the bailiff has the right, if necessary, to break-in (destroy) locking devices, elements and structures that impede the penetration into these premises and to the indicated land plots, and inspect them,” the document says.

Moreover, the entire procedure should take place in the presence of witnesses and with the preparation of the relevant act on the provision of access to the premises. At the same time, civil servants will be obliged to ensure the safety of property and to prevent outsiders from entering the apartment.

At the moment, the bill is at the stage of public discussion and independent anti-corruption expertise.

As the chairman of the Federation Council Committee on Constitutional Legislation, Andrei Klishas, ​​explained, the innovations presented do not contradict the Constitution.

“The main thing is that when restricting rights, a procedure is clearly defined and strictly observed that allows to take into account the interests of citizens as much as possible,” RIA Novosti quotes the senator.

Resident Safety

Artyom Kiryanov, the first deputy chairman of the Russian Public Chamber’s Chamber for Public Control, explained in an interview with RT that the Justice Ministry’s proposal was due to the fact that residents of apartment buildings do not always realize their responsibility when re-planning or installing gas equipment.

“When people make redevelopments, do not complete them in any way, these redevelopments are in conflict with engineering rules, threaten the safety of not only the people living in this apartment, but the whole house,” he explained.

  • © Natalya Seliverstova / RIA News

According to him, access to gas installations in apartments is “extremely difficult" and there is no legal basis for verification without the consent of the owner of the housing. Lack of proper supervision in this area can be dangerous.

“This leads to explosions of domestic gas in houses due to improper connection, and to problems for residents of an apartment building,” Kiryanov said.

Thus, the Public Chamber welcomes the proposal of the Ministry of Justice, believing that it is necessary to prescribe a legal procedure for inspecting premises in order to avoid the threat of an explosion or gas leak. In this case, the reason for the hacking may be that the legal representatives were physically unable to find the owner, or he refuses to provide access.

“If it is not possible to find mutual understanding and working contact with the owner of such a premises, then the authorities should have a legally secured opportunity and procedure for entering the premises,” concluded the First Deputy Chairman of the Public Relations Control Commission.

Legal aspect

Hacking the premises is legally justified if there is a threat to people's lives, believes an international lawyer, Honorary Lawyer of Russia Valery Vanin.

“Such decisions are acceptable in case of threats to life and health, when, for example, there is an open gas leak, an explosive situation, the threat of terrorism. By a court decision, which has the force of law, bailiffs can perform such actions. The court spelled out the reasons and motives, ”said the expert.

According to him, the courts are nevertheless cautious in deciding whether to break into the home.

At the same time, you should not think that homeowners will be completely unprotected. If the penetration into the territory of private property is unreasonable, then it will be possible to obtain damages.

“If it turns out that the illegal redevelopment is indicated in the court decision, but it doesn’t appear in fact, the state will have to compensate all the losses to the owner. Nevertheless, if you do not take such initiatives, difficult situations will arise, ”the lawyer concluded.