Soon, the one who found the abandoned property will be able to decide without abstruse calculations whether he has the right to keep it for himself. The State Duma adopted a law in the third reading, according to which it is allowed to appropriate an ownerless thing without a court decision, if its value does not exceed three thousand rubles. However, it is important to remember that not every find can become your property. We will also tell you about what Russians most often lose and where to look for the loss.
It is worth clarifying that changes in the legislation do not concern any finds, but only situations when the owner of a land plot, water or other object discovers abandoned things on his territory, that is, clearly left by the previous owner in order to waive the right property. For example, a leaky inflatable boat or a suitcase without a handle leaves little doubt that the owner will never return for them. But a brand new smartphone in packaging is better to be taken to the police - such things are not scattered around.
Now, according to the Civil Code, it is possible to freely dispose of ownerless property only if its approximate value is below five times the minimum wage. However, the implementation of this norm is difficult for people. A summer resident who finds a rusty, but still suitable for spare parts, motor under his fence, in order to leave it on the farm, is forced not only to calculate something, but also to remember what the minimum wage is used there - the one that costs 100 rubles, or which is constantly growing and now it is already 12 130 rubles?
As explained by a member of the Duma Committee on Legislation and State Construction Vyacheslav Lysakov, in order to avoid confusion, a law was adopted that replaces the minimum wage in articles of the Civil Code with fixed amounts in rubles.
"The changes are related to the fact that the minimum wage should be applied only to regulate wages, determine the amount of benefits for temporary disability, pregnancy and childbirth and other purposes of compulsory social insurance, they will no longer use this indicator for other purposes", - said the deputy.
So, for example, in article 226 of the Civil Code, which speaks of abandoned things that can be recognized as ownerless without a court decision, their cost will be limited not to five minimum wages, but to three thousand rubles. That is, if the discovered umbrella, suitcase or garden tools are clearly cheaper, and the owner is not going to return for them, you can keep them for yourself. And the owner of the land will have to "privatize" a broken tractor stuck in a private meadow through the courts.
In Article 887, according to which a storage agreement between citizens requires a written form, if the price of a thing exceeds 10 minimum wages, they decided to replace this value by 10 thousand rubles. That is, if a friend asked to hold the furniture remaining after the move in an empty garage, such an agreement should be fixed on paper.
It happens that the owner forgets or refuses to take his thing from storage at the end of the contract, then it can be sold. Then part of the proceeds will go to compensate for expenses, but the rest should be returned to the depositor. If there was something expensive in storage, such as a trailer or a van, then the property can only be sold through an auction. According to the amendments to Article 899 of the Civil Code, such a procedure is provided when the cost of a thing exceeds 50 thousand rubles.
As a member of the executive committee of the Guild of Russian Lawyers Yuri Platonov said, the practice of putting up unclaimed property for auction is more typical of organizations that are professionally engaged in storage and have their own warehouses.
“Although the law does not prohibit the organization of an auction by an individual, there are few such cases,” the expert noted. - It is not easy to conduct a tender correctly: you need to place ads, collect bids, organize the auction itself, then publish the results so that you can appeal them. And if the depositor disputes them, he will be able to take his thing, and all expenses will remain with the custodian. "
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