Lawyers pointed out the dangers for the large family from Tuapse in receiving an apartment under a donation agreement.

Authorities offered the large family of Tatyana Pimenova a 15 million apartment in the center of Tuapse under a donation agreement from an unknown benefactor. In such a case, the family risks losing the apartment, paying significant taxes, or being left without social benefits, the lawyer emphasized.

As reported by "Caucasian Knot", the large family of Sergey Kartashov and Tatyana Pimenova agreed to sign a shared participation agreement in the construction of an apartment building in Krasnodar, and before the house was completed, a two-room apartment was provided to the family of seven in Tuapse. The proposed options do not meet the family's needs, but officials made it clear that there are no better offers, the couple reported.

The couple from Tuapse, Sergey Kartashov and Tatyana Pimenova, challenged in court the authorities' decision to force their low-income and large family to move into an apartment that does not meet social standards. Earlier, in 2023, a court in Tuapse ordered the authorities to provide the family with housing equal to the area they occupy. However, in early March, a court in Krasnodar upheld the decision on relocation. In July, officials filed a lawsuit against the Kartashov and Pimenova family, demanding to deprive them of the right to receive priority housing, but the district and regional courts rejected these demands, confirming the family's rights to housing. The couple lived in a house of 40 square meters, and in December 2024, they had their fifth child. In early January, the family received a lawsuit from the authorities of the Tuapse district, in which officials, referring to the court's decision, demanded that they sign a social rental agreement and move into a two-room apartment with a total area of 49.7 square meters, while the law stipulates a minimum area of 18 square meters per person.

In August 2026, the struggle for housing for the large family from the Tuapse district, living in an emergency rural house, unexpectedly developed after dozens of court battles and years of correspondence with the authorities. An unknown benefactor expressed a willingness to purchase and gift the family a spacious four-room apartment with a euro renovation in the center of Tuapse worth 15 million rubles.

In August 2026, the authorities informed the family that a major investor (benefactor) was ready to fully pay for the purchase of housing and donate it to the family, Tatyana Pimenova told the correspondent of "Caucasian Knot".

"We went this route with the administration: the benefactor, and in fact, a legal entity buys and donates the apartment in accordance with paragraph 1 of article 2 and paragraph 3 of article 4 of federal law No. 135-FZ "On Charitable Activities and Volunteerism" for social support purposes. We were promised that on August 24, the notary plans to conduct two transactions at once - the purchase and the donation of housing to us," she reported.

If we receive this apartment as a gift, then the housing claims will fall away, and we will naturally not complain.

According to the mother of five children, the representative of the authorities responsible for providing the family with decent housing as per the court's decision, the day before the transaction, asked whether the family planned to continue legal battles with them if the benefactor bought the apartment, but refused to name the benefactor.

"We replied that if we receive this apartment as a gift, then the housing claims will fall away, and we will naturally not complain, but on other issues, particularly regarding benefits and feeding the children, we will continue to complain," she noted.

The family assumes that a large construction company may act as the benefactor. According to the family, the Investigative Committee is also overseeing the documentation process.

What does the new apartment represent?

The selected property worth 15,000,000 rubles is located in the very center of Tuapse at Karl Marx Street, 15. According to the sales card on the "Cian" website, it is a four-room apartment with a total area of 157.1 square meters. The living area is 94.5 square meters, and the kitchen is 21 square meters. The apartment is sold with furniture and euro renovation. It is located on the second floor of a four-story building built in 1959. The house is made of large concrete blocks, with reinforced concrete ceilings. The first floor houses commercial premises - a bank branch, a notary office. The apartment has high-quality repairs, air conditioning system, gas boiler, electric water heater, autonomous diesel generator connected to the power grid, and a security system. The windows overlook Platanovaya Alley, and schools, the city embankment (200 meters), and social infrastructure are within walking distance.

The family notes that they will be very satisfied with the new conditions. The apartment is suitable both in condition and area for a family of seven.

The Commissioner for Children's Rights under the President of the Russian Federation Maria Lvova-Belova called the family to check how they were doing.

"The Commissioner for Children's Rights under the President of the Russian Federation Maria Lvova-Belova called us and asked how we were doing with the purchase of housing for 15 million. We had previously turned to her for help in obtaining housing, so she knows our situation. But the appearance of the investor is not related to her name; he appeared before her. She asked why the issue of the apartment donation has not yet been resolved, what is the delay? She also asked if we liked what the investor would buy and where we currently live and what would happen to the old housing?" Tatyana Pimenova conveyed the dialogue with Maria Lvova-Belova.

It is very difficult to raise five children in an emergency house when the wind blows through all the cracks and there is nowhere to even put toys and clothes, when we all sleep in one bed due to lack of space.

According to the large father Sergey Kartashov, the family hopes for a final solution to the housing problem. "It is very difficult to raise five children in an emergency house when the wind blows through all the cracks and there is nowhere to even put toys and clothes, when we all sleep in one bed due to lack of space. We really like the proposed housing, and there is hope that the deal will finally take place and there will be no problems. The main thing is that the children will breathe freely along with us," said Sergey Kartashov, who does not rule out "hidden pitfalls" in this deal.

The lawyer pointed out the hidden risks of such a deal.

In such deals, there is always a risk of cancellation of the donation and contesting the transaction if the legal entity goes bankrupt, the lawyer Elena Pavlova pointed out.

"If the benefactor is a commercial legal entity transferring property within the framework of charity, there is a risk of contesting the transaction in case of financial and economic problems of the donor," the lawyer explained to the correspondent of "Caucasian Knot".

According to her, "the essence of the risk is that under the bankruptcy law (Federal Law No. 127-FZ), transactions for gratuitous transfer of property made by a legal entity 1-3 years before a possible bankruptcy may be declared invalid by the arbitration manager or creditors as 'causing harm to creditors'.

The lawyer recommends "carefully checking the financial condition of the donor company for the absence of pre-bankruptcy claims, the register of arbitration cases".

According to the law on donations from organizations to individuals, this transaction may be subject to personal income tax (13-15%) unless the transfer is strictly through a registered charitable organization or falls under special tax benefits.

Elena Pavlova drew attention to tax legislation.

"According to the law on donations from organizations to individuals, this transaction may be subject to personal income tax (13-15%) unless the transfer is strictly through a registered charitable organization or falls under special tax benefits. If the legal entity is a regular LLC or JSC, and not a specialized accredited charitable fund, the family may have an obligation to pay personal income tax on the value of the apartment (15 million rubles), which will amount to almost 2 million rubles," she emphasized.

The lawyer also noted that "receiving an apartment with an area of 157 square meters and expensive real estate may exceed the accounting norms for property security used by the Social Fund of Russia (SFR) when assigning the Unified Benefit for five children, and may also serve as a reason for refusal due to exceeding income or property criteria for families," she added.

Conducting a chain of transactions in one day with one notary: seller - benefactor - family is legally permissible but requires control over payments, she noted.

"The family must ensure that the ownership of the legal entity is registered in the Unified State Register of Real Estate (EGRN) before (or simultaneously with) the donation agreement, and that the seller of the apartment has received full payment. Otherwise, the former owner of the apartment may contest the initial transaction and reclaim the apartment from the family," warns the lawyer.

All responsibility for the maintenance of such a large property, namely utility payments, property tax, will fully fall on the shoulders of the large couple.

Refusal of claims also carries risks.

"The district administration or the investor may require signing an agreement to waive claims for the provision of municipal housing. And there is also a risk in this. After receiving ownership of 157 square meters, the family will lose the status of needing improved housing conditions. All responsibility for the maintenance of such a large property, namely utility payments, property tax, will fully fall on the shoulders of the large couple," notes Elena Pavlova.

She advised paying attention to the nuances.

"Check the charter and status of the benefactor. Does the company make the payment directly or through a charitable foundation, which protects against personal income tax and SFR questions. Study the text of the Donation Agreement; it should not contain clauses about 'revoking the donation' without valid reasons. Request acts of mutual settlements between the seller of the apartment and the benefactor to exclude claims from third parties," advises Elena Pavlova.

Source: https://www.kavkaz-uzel.eu/articles/425969