Resident Fund of the Ministry of Defense of the Russian Federation. Providing military personnel of the Armed Forces of the Russian Federation housing. Specialized Housing Foundation

Service residential premises are provided with servicemen at the time of passage military service under the contract and is urgent in accordance with the Federal Law "On the status of servicemen." Article 15 of the Federal Law "On the status of military personnel" reads: "Service residential premises are provided in settlementsIn which military units are located, and in the absence of the possibility of providing residential premises in these settlements - in other nearby settlements. " Federal Law (dated May 27, 1998 No. 76-FZ) (Ed. Dated December 30, 2012) "On the status of servicemen" // Cell. Legislation grew. Federation -2012. - No. 22-art. 2331.

The federal law "On the status of military personnel" is the only law that regulates the procedure for providing these persons by residential premises. When implementing the right of military personnel who undergo military service under the contract, for official residential premises, some of the main problems are the problems of formation, content, as well as the preservation of a specialized housing foundation of service residential premises, at the expense of the servicemen and should be provided by official residential premises.

The funds of the federal budget of the federal executive bodies of the respective military units directly provide housing construction of residential premises, as well as responsible for the purchase of residential premises intended for military personnel.

A specialized housing fund of official residential premises is formed based on the number of posts in a particular military unit. Despite this, in the formation of this fund, several problems may arise, namely:

Firstly, when a soldier can be released from his position during the passage of military service and was denied. Another soldier is appointed for his position. And, as a result, a situation arises when, on the one hand, a newly appointed serviceman must provide a residential premises, which previously held a soldier, subsequently freed from his position. The serviceman who is behind the staff is obliged to release the residential premises occupied by him, the issue of relocation is directly arising here. A soldier who only arrived, can live in a serviceable residential room, which is suitable for temporary residence, but for a period of no more than three months. For staff, servicemen can be up to six months, that is, if he has to release the service apartment-held by him to provide her newly appointed to this position, the military unit should rent a residential premises for him for a period not three months, and six.

Secondly, when residential premises are provided in accordance with the provision standards. Law Russian Federation "On the privatization of the Housing Fund in the Russian Federation" // Cons. Legislation grew. Federation - 2012. - № 316 - Art. The same position may occupy servicemen with a different number of people in the family, during the time until a soldier occupies a certain position, the number of people in the family can decrease or increase, therefore, it is impossible to pre-determine the amount of the residential premises provided for this position. There are cases when a serviceman is provided with an excessive service living area, or its disadvantage. If it is determined that the living area is not enough, then the soldier is taking into account for improvement housing conditions. In need of the improvement of housing conditions, citizens are recognized, who have a residential area per family member below the credentials for the provision. On average by the Russian Federation, the size of the accounting norm is from 6 to 8 square meters Residential area per person. In some regions, the norm is provided on the basis of the total area of \u200b\u200bthe region.

Thirdly, there is a problem in a queue, as well as the procedure for providing secondary service housing after the recognition of citizens who need to be improved by housing conditions.

Similar queues are very negatively affecting citizens who occupy military positions and can be delayed for many years. The emerging queues thus brake demographic situation In a country that is not at the highest level.

The formation of the Fund of the Specialized Housing Fund of Service Residential Premises is made at the expense of posts at the expense of funds that are listed for these purposes from the funds of the federal budget and extrabudgetary funds financing. Law of the Russian Federation "On the privatization of the Housing Fund in the Russian Federation" // Cons. Legislation grew. Federation - 2012. - № 316 - Art. This allows you to create a minimum fund of service residential premises. At the same time, it is necessary to do a huge sociological work, which is aimed at clarifying the average number of family composition, which directly live together with military personnel, occupying a certain position. During the construction of houses, preference is given to houses with two and three-bedroom apartments.

In addition, it is proposed to form a service housing fund at the expense of residential premises, which are in the municipal, state housing stocks by transferring residential premises in the category of service housing. Service residential premises should be provided in accordance with the rules Housing Code RF, as well as respond to all the requirements of the law. Providing servicemen with residential premises during the period when they carry out military service, problems are solved at the expense of these funds and makes it possible to improve housing conditions due to the increase in family composition and comply with the cost of providing housing, and also timely exclude the released residential premises from the discharge of official residential premises. Resolution of the Government of the Russian Federation (dated January 26, 2006 No. 42-ФЗ) "On approval of the Rules for the assignment of residential premises to a specialized housing stock and typical contracts Hiring specialized residential premises "// CARC. Legislation -2006.-number 6 - Article.697.

If the servicemen are provided with a living room less than the provision rate, it provides for a separate compensation for the size equal to the size for missing square meters, and the right to an additional living area is enshrined.

The legal literature arises a contradiction between housing standards, and in particular, when granting and when recognizing in need of improving housing conditions, which should be eliminated. With a lack of living space, the moral condition of people sharply deteriorates, which manifests itself on the moral and psychological state of the citizen, the impossibility of conscientious performance of official duties and, and also negatively affects the combat capability of military formations and, as a result of the security of the state.

The peculiarity of the military personnel is that they can carry the service outside the settlement. Therefore, the provided residential premises do not always meet the requirements, due to the economic condition of this settlement. Military personnel are forced to live in places that are not always equipped for accommodation. Consequently, the implementation of the rights of military personnel who undergo military service under the contract is difficult due to the significant remoteness of the border making from the utility and operational services of military units, which consist of border making. This affects the efficiency of decision-making and measures to implement the rights of military personnel at all and on official residential premises in particular. It is significantly limited to the possibility of renting residential premises for military personnel and housing servicemen due to the lack of settlements and the remoteness of the military unit, which has the status of a legal entity that can deal with lease issues. It seems that at least minimal features In the order of implementation of the study, the right exists in each federal executive body, in which the legislation provides for the passage of military service, which require regulators with a special act of a certain federal executive body, directly taking into account the specifics of the provision of military personnel, as well as during the military service. Federal Law "On the status of servicemen" // Cell. Legislation grew. Federation -2012. - No. 22-art. 2331.

One of the main violations in the field of service housing The servicemen distinguish such as the use of a service housing fund is not on its direct purpose. This is due to the fact that in some military units illegally dispose of service housing, although its volume is not so great. There are even cases where residential premises are provided to those persons who do not belong to military formations, thereby disrupting the principle of legality.

As well as there are also problems related to the use and preservation of official residential premises, when it is impossible to select from the residential premises of those citizens, directly invalid communication with the armed forces, as well as other troops and military formations and organizations. There are more than 60 thousand families. Just eviabing a soldier who has lost contact with the armed forces, other troops, military formations and organizations that the service premises provided to him is impossible. Thereby violates the principle of urgency of providing servicemen by official residential premises. Decree of the Government of the Russian Federation (dated January 26, 2006 No. 42-ФЗ) "On approval of the rules for assigning residential premises to a specialized housing stock and model contracts for hiring specialized residential premises" // Cons. Legislation -2006.-number 6 - Article.697.

Previously, housing legislation determined that for military personnel, which are provided by official residential premises for the first five years of military service under the contract (without taking into account the training time in military educational institutions of vocational education) retain the right to residential premises that were engaged in citizens before entering military service. The federal law "On the status of military personnel" enshrines that service residential premises are provided to military personnel for the entire period of service, namely to the coming of a citizen retirement, or before receiving a residential premises from the federal body in which he passes military service, for a period of 20 years. If the soldier passed military service for more than five years, but less than 20 years, the former soldier became actually a citizen without a certain place of residence, because At the same place of residence, he has already lost the right to residential premises, and in the military service has not yet received.

AT this case It is necessary to secure the right of ownership of the residential premises at the place of residence for the entire period when he passes military service. There is also its advantages in this, for example, in the case of evicting a serviceman from the service residential premises occurring, thereby observing the principle of urgency. Federal Law (dated May 27, 1998 No. 76-FZ) (Ed. Dated December 30, 2012) "On the status of servicemen" // Cell. Legislation grew. Federation -2012. - No. 22-art. 2331.

Mechanism of payment communal services, as well as the product of the relevant recalculations must be clearly defined, because In residential premises that persist for military personnel may not be accommodated in the period of serving military service. It seems appropriate to provide for the possibility of selling housing at the same place of residence in the offset of the newly provided housing, followed by the purchase of the missing part by the federal executive body, in which the soldier passed military service. A citizen who has not yet acquired an official residential premises guaranteed to him, has the right to independently redeem the missing part of the newly provided residential premises.

The procedure for granting official residential premises consists of different stages that consist of certain actions. These actions decide the following questions: Andreev I.A., Ayusheeva I.Z., Vasilyev A.S., Stepanov S.A. (Ed.) Civil law. Volume 2 Tutorial: In 3 t. T. 2. - M.: "Prospect"; "Institute of Private Law", 2011 - 439 p.

1) make decisions on registration of citizens in need of improving housing conditions;

2) define the sequence and deadlines for the provision of official residential premises to citizens;

3) make decisions by the competent authorities regarding the issues of housing;

4) make a documentary received.

The servicemen conclude a housing contract with the federal executive body, in which the Federal Law provides for military service. This contract defines the procedure for providing official residential premises, as well as its maintenance and many other aspects regarding the contract directly.

The parties to the mortgage agreement are the commander of the military unit, which is obliged to conclude this agreement directly by the servicemen themselves who have the right to its conclusion. Housing contracts are regulated by the relations of the parties to implement the right of servicemen for service residential premises. The treaty provides for a special procedure for providing service residential premises of military personnel, as well as members of their families. Thereby providing the principle of completeness of the realization of the right of servicemen on official residential premises.

So, the conclusion of a housing contract precedes the provision of a specific official residential premises to a military personnel. The basis for the Institution to a specific service residential premises is a housing agreement for hiring a serviceable residential premises.

Order
providing residential premises of the Specialized Housing Fund of Servicemen and Workers of State Protection

1. This procedure regulates the work on the inclusion of military personnel of state protection bodies undergoing military service under the contract (hereinafter referred to as military personnel), and state protection authorities (hereinafter referred to as employees) to the list of persons to be supported by official residential premises (hereinafter referred to as ) (Appendix N 1 to this order), as well as the provision of service residential premises, residential premises in the hostel or residential premises of the Maneuvera Foundation (hereinafter referred to as the living quarters of a specialized housing stock, unless otherwise specified).

2. Military services held by military service in the FSO divisions of Russia located in the city of Moscow and the Moscow region (with the exception of military service under military service in the divisions of the Russian FSO, located in the territories of the closed military towns of the Russian FSO), are included in the list (excluded from the list) UZO SITO FSO of Russia on the basis of solutions of the central housing commission Federal Service The protection of the Russian Federation (hereinafter referred to as the Czech FSO of Russia).

Servicemen undergoing military service in the divisions of the FSO of Russia located in other subjects of the Russian Federation, at the Russian FSO Academy, as well as servicemen (employees), passing military service (working) in the divisions of the Federal State Unitary Enterprise of Russia, located in the territories of closed military towns of FSO Russia, are included The list (excluded from the list) housing commissions of these divisions (academy of the FSO of Russia) (hereinafter referred to as the housing commissions of the divisions) on the basis of their decisions.

3. The inclusion of a soldier (employee) to the list is carried out according to the results of the consideration of the Czech FSO of Russia or the Housing Commission of the reporting department (applications) on the provision of official residential premises and the documents attached to it.

4. If the soldier (employee) has not submitted the documents necessary for the decision-making, which are issued by the divisions of the FSO of Russia (Russian Academy of Russia), state authorities, organs local governments And the organizations subordinate them, then these documents (the information contained in them) requests the Sieve FSO of Russia or the Housing Commission of the Division. On the request of the necessary documents (information contained in them), a soldier (employee) is notified in writing within three working days. In case of refusal to submit documents (information contained in them), at the request of the SITO of the FSO of Russia or the Housing Commission of the Unit or the impossibility of their preparation of the Russian FSO of Russia or the Housing Commission of the division, the soldier (employee) is notified in writing about the need to submit documents on its own (with the rationale for the need and By specifying the reason for the impossibility of obtaining documents (information contained in them).

The Sito FSO of Russia or the Housing Commission of the Division, if necessary, further requested in writing (with a substantiation of the reasons) documents at the disposal of a military personnel (employee).

5. The soldier (employee), which is the owner of the residential premises (by the tenant of the residential premises under a social hiring agreement) or a member of the family of the owner of the residential premises (tenant of residential premises under a social hire agreement), located in the settlement at the place of military service (work) or in Nearby settlements (with the exception of military service (working) in the divisions of the FSO of Russia, located in the territories of closed military towns of the FSO of Russia), regardless of the total area of \u200b\u200bthe residential premises, per living, are not included in the list.

6. The serviceman (employee) living in a service residential room in which the total area of \u200b\u200bresidential premises is less than the provision of the provision established by Article 15.1 for each residence. Federal Law of May 27, 1998 N 76-FZ "On the status of servicemen" (hereinafter referred to as the norm of granting, unless otherwise specified), is subject to inclusion on the list on the basis of the report (statements) on the replacement of office residential premises by official residential premises in According to the norm of the provision submitted to the Sieve FSO of Russia (the Secretariat of the Federal State Unitary Enterprise of Russia (Russian Academy of Russia).

According to the results of consideration of the report (statements), the Czech FSO of Russia (the Housing Commission of the Division) decides on the inclusion of either a refusal to include a military personnel (employee) to the list.

7. The inclusion of a soldier (employee) to the list is carried out from the date of registration of his report (statements) in the Sieve FSO of Russia (the Secretariat of the FSO of Russia (Academy of FSO of Russia). The lists are underway by the Sito FSO of Russia (housing commissions of divisions) in accordance with decisions, Accepted Czep FSO of Russia (housing commissions of divisions).

8. Extract from the minutes of the meeting of the Czech Republic of Famo of Russia (the Housing Commission of the Division) on the inclusion (on refusal to inclusion) on the list is issued or sent to the Russian FSO of Russia or the Housing Commission of the Solving Service (employee) within three working days from the date of decision.

9. The soldier (employee) is excluded from the list in the event of the following circumstances:

providing him with a residential premises no less norms of granting, as well as residential premises in Property for free or under a social hire agreement;

dismissal from military service (termination of labor relations);

departure to the new place of military service (work);

submission report (statements) on exclusion from the list;

identifying in documents that served as the basis for inclusion in the list, information that is not appropriate;

termination of grounds for inclusion in the list provided for by housing legislation.

Exception from the list is carried out by the decision of the Czec FSO of Russia (Housing Commission of the Division).

10. The provision of service residential premises or residential premises of the maneuvered fund is carried out at least the provision of the provision of part 1 of Article 58 of the Housing Code of the Russian Federation, and residential premises in the hostel - no less norms of providing the area of \u200b\u200bresidential premises established by part 1 of Article 105 of the Housing Code of the Russian Federation.

Residential premises of the specialized housing stock are provided with military personnel (employees) and jointly living with them to their families, taking into account additional social guarantees provided for by the legislation of the Russian Federation.

11. In the absence of the possibility of providing a serviceman (employee) of official residential premises, it is provided with a service residential premises suitable for temporary residence, residential premises of a maneuverable fund or residential premises in a hostel. In this case, the soldier (employee) is not excluded from the list before the circumstances specified in paragraph 9 of this Procedure.

12. The decision on the provision of official residential premises (residential premises in a hostel or a maneuverable foundation) is made by the Czech FSO of Russia (Housing Commission of the Division). Before adoption specified solution The Sito FSO of Russia (the Housing Commission of the Division) checks the lack of circumstances from the serviceman (employee) providing for the exception from the list specified in paragraph 9 of this Procedure.

13. Based on the decision on the provision of residential premises of a specialized housing fund with a military personnel (employee), a contract for hiring a service residential premises, a contract of hiring a residential premises in a hostel or a contract for hiring a residential premises of the maneuverable fund.

14. Employees of the divisions of the FSO of Russia, located in the territories of closed military towns of the FSO of Russia, residential premises of the specialized housing stock are provided for the period of their labor relations.

15. The organization of work on the conclusion of contracts, the settlement and liberation of residential premises of the specialized housing stock is imposed on the divisions of the FSO of Russia and the Academy of FSO of Russia, which are the balance holders of these premises, and in relation to residential premises provided to the decisions of the Czep FSO of Russia, .

_____________________________

* Meeting of the legislation of the Russian Federation, 1998, N 22, Art. 2331; 2013, N 48, Art. 6165.

** Meeting of the legislation of the Russian Federation, 2005, N 1 (Part I) of Art. 14; 2013 N 27 Art. 3477.

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2. The right of servicemen to obtain residential premises in the Housing Fund of Social Use

Until January 1, 2005, the federal law "On the status of military personnel" established that the servicemen undergoing military service under the contract and jointly residing with them members of families are provided no later than three months since the arrival of the residential premises at the expense of the state or municipal Housing funds fixed by the Ministry of Defense of the Russian Federation (other federal executive bodies in which the Federal Law provides for military service). These persons housing are provided in state and municipal housing funds of social use under the social hiring agreement of residential premises.
From January 1, 2005, federal law "On the status of military personnel" it is envisaged that all these categories of servicemen are provided only by official residential premises for the entire period of service, which, after its completion, is subject to mandatory exemption, or for a certain period - for the first five years of service The servicemen concluded a contract for military service before January 1, 1998 in this way, it can be drawn to the following conclusion: the state carries the responsibility for the provision of residential premises to military personnel under the contract, and their families, only temporary use (official residential premises or Hostels depending on the belonging to a particular category of servicemen). However, this conclusion concerns military personnel who need to need residential premises after January 1, 2005 there is a question of providing housing for those who need to register in need of improving housing conditions to the specified date.
In connection with the changes submitted by the Federal Law of August 22, 2004 N 122-FZ, adopting the LCD of the Russian Federation and under the Federal Law "On the Enactment of the Housing Code of the Russian Federation" of December 29, 2004 N 189-FZ (Introductory Law) All citizens adopted by March 1, 2005 in order to subsequently granting them under social hiring contracts of residential premises, retain the right to consist of this accounting to obtain residential premises (Article 6). These persons are provided in the manner provided for by the LCD of the Russian Federation, which significantly limits the circle of persons entitled to the extraordinary provision of housing, and eliminates the possibility of obtaining it as a priority, which in more detail below.
Consequently, for military personnel adopted for registration in need of improving housing conditions before the introduction of the LCD of the Russian Federation, the possibility of providing residential premises from social use funds under a social hiring agreement at the expense of the State Housing Fund, enshrined by the Ministry of Defense of the Russian Federation (by other federal executive bodies The authorities in which the Federal Law provides for military service).
In accordance with the LCD of the Russian Federation (Art. 49), and earlier, the Law of the Russian Federation "On Fundamentals of the Federal Housing Policy", the Housing Fund of Social Use was allocated for socially slaughtered segments of the population ( low-income citizens, minor children-orphans, etc.), as well as for certain categories of citizens who have a special ("special") status due to the specifics of their purpose, for example, civil servants, servicemen (until January 1, 2005 under Article 100 of the Federal Law Of August 22, 2004 N 122-FZ) and other persons listed in the law.
Civil Code, giving the general definition of the concept of a contract of hiring residential premises, in Art. 672 allocates a social hiring agreement as a kind of contract for hiring residential premises in the State and Municipal Housing Funds. The relations of social hiring are regulated mainly by housing legislation and individual norms of civil law (part 3 of Art. 672 of the Civil Code of the Russian Federation).
As a legal support for the implementation of the right to receive housing LCD RF, the amount of income per person is indicated. This prerequisite is not subject to applying for military personnel with the right to provide residential premises under a social hiring agreement, because by virtue of Part 3 of Art. 40 The Constitution of the Russian Federation is free of charge, the housing is provided not only to the poor, but also other citizens mentioned in the law. Such a law with respect to military personnel is the Federal Law "On the status of military personnel" (as amended by January 1, 2005).
The foundation of the recognition of military personnel in need of free reception of residential premises and the order of their accounting generally the same as for other citizens, but there are separate features. Residential premises are provided by military personnel in need of residential premises (earlier - improve housing conditions). These include:
- Those who do not have a residential premises at all, the so-called uncontrolled, which is especially characteristic of military personnel forced to periodically change the place of military service when it passes. The "uncess" belongs to persons who do not have a living area on the conditions of an indefinite social hiring agreement (the settlement of which is carried out by orders) in the houses of state and municipal housing stocks both at the place of service and in another area. Non-residential areas for permanent residence are also military personnel living in hostels, hotels, in office space (eligible for the provision of residential premises of continuous use), on a living area, taken in order of delivery and some other grounds;
- Persons having residential premises with less established norms or unfavorable residential premises.
Accounting for military personnel in need of residential premises. Servicemen undergoing military service contract are provided by living area due to the Federal State Housing Fund, which is enshrined by the Ministry of Defense of the Russian Federation (another federal executive body, in which the Federal Law provides for military service), as well as a housing fund, which is formed from housing the construction of the relevant federal executive body or from the housing acquired by them, as well as from re-equipment non-residential premisesIn their jurisdiction (previously called the departmental).
Accounting for military personnel in need of improving housing conditions is usually carried out at the place of service. At the same time, the current legislation servicemen is not prohibited to be taken into account in those who need residential premises (improvement of housing conditions) and at the place of residence, subject to compliance with their requirements for ordinary citizens.
From January 1, 2005, the servicemen in need of obtaining residential premises under a social hiring agreement is not guaranteed to provide housing for three months, in contrast to the specified date it should be from paragraph 1 of Art. 15 of the Federal Law "On the status of military personnel", which soldiers guaranteed the provision of residential premises in preferential order. In three months, only at the expense of the State and Municipal Housing Fund, enshrined at the Ministry of Defense of the Russian Federation (another federal executive authority, in which the Federal Law provides for military service).
Questions related to the provision of military personnel with residential premises from the State Housing Fund, enshrined at the Ministry of Defense of the Russian Federation, are decided at the location of them by military service in accordance with housing legislation and instructions, approved by order Minister of Defense of the Russian Federation of February 15, 2000 N 80, which can only be applied in a part that does not contradict new housing legislation.
For taking into account those who need to improve the housing conditions, military personnel file a report to the Housing Commission of the Military Part (division). A certificate of the residential premises is attached to the report, at the same place of service or residence in the apartment and operational bodies (CEC, Omis, etc.). Servicemen who have not surrendered residential premises at the same place of residence, moreover, represent copies of financial facial account and the house book (consumers).
In addition, if necessary, attached:
- documents confirming the right to use benefits when registering and providing residential area;
- certificate of the district bureau of technical inventory (providing employees living in a residential building or apartment owned by the right of ownership);
- other documents related to the solution of a housing issue.
The servicemen are included in the lists of waiting for residential premises (improvement of housing conditions) on the basis of decisions of housing commissions issued by the Protocol and approved by commander of military units.
Housing commissions are created in order to properly and economical distribution of residential area. In the Armed Forces of the Russian Federation, they operate on the basis of an exemplary provision on housing commissions. Housing commissions are created in garrisons and military units. The management of housing commissions is carried out in the garrisons by the heads of garrisons, in military units - commander of military units. The garrison housing commission is appointed by order of the head of the garrison in the amount of 5-11 people (depending on the number of military units in the garrison) as part of: Deputy Head of the garrison on the rear, assistant to the head of the garrison on legal work, representatives of the team of military units, apartment operational and medical services garrison.
The garrison housing commission is assigned:
- drawing up a plan for the distribution of residential premises between the warrior parts of the garrison;
- Checking together with the Cech of the District (at least once a year) in military units of the garrison of the status of residential premises, enshrined behind the Ministry of Defense of the Russian Federation;
- fulfillment of the functions of the housing commission for military units not having housing commissions;
- organization of reception by the head of the garrison of visitors on housing issues, consideration of letters, applications and complaints on housing issues and the preparation of draft decisions on them;
- submission to the head of the garrison for approval of proposals for the use of the enshrined housing stock of the garrison and minutes of meetings of housing commissions;
- Timely and correct distribution of the liberated residential premises.
The Housing Commission of the military unit is appointed by order of the commander of the military unit in the amount of 5-7 people as part of: deputy commander of the military unit on the rear, assistant commander of the military unit on legal work, representatives of the units of the military unit, medical service bodies. The Housing Commission of the Military Part is assigned:
- accounting of military personnel in need of residential premises (improvement of housing conditions);
- conducting lists of military personnel in need of obtaining residential premises (improvement of housing conditions);
- consideration on the instructions of the commander of the military unit of reports on registration of military personnel in need of improving housing conditions, checking the attached documents listed in paragraph 28 of the instructions on the procedure for providing residential premises in the Armed Forces of the Russian Federation and the preparation of decisions on them;
- timely introduction of changes to the accounting card of residential premises provided by a serviceman;
- preparation and submission to approval by the commander of the military unit of proposals for the distribution between military personnel in need of obtaining residential premises (improvement of housing conditions), allocated military unit of residential premises;
- organization of admission to the commander of the military unit of visitors on housing issues, consideration of letters, applications and complaints on housing issues and preparing proposals for them;
- control over the timely liberation of residential premises by military personnel of the military unit, etc.
Meetings of housing commissions are held as necessary, but at least once a quarter. At meetings of the Housing Commission should be at least two thirds of its members, as well as military personnel whose housing issues are considered during the meeting. Decisions of the housing commission are accepted by a simple majority of votes. Decisions taken by the Housing Commission on issues entrusted to it are issued by the Protocol, which is conducted one of the members of the Commission.
Accounting for military personnel of the Armed Forces of the Russian Federation, in need of obtaining residential premises (improving housing conditions), is carried out by housing commissions of military units and bye satisfied apartment and operational bodies (Cach district or garrison, maritime engineering service of the naval base) on the lists of waiting for residential premises (improvement of housing conditions) in accordance with the established form (Annex N 4 to the instructions approved by order of the Minister of Defense of the Russian Federation 2000 N 80) with a simultaneous institution for a military personnel of the accommodation card of residential premises provided by a serviceman and making information contained in it automated system Accounting for military personnel in need of obtaining residential premises (improvement of housing conditions).
The accounting card of residential premises provided by a serviceman is drawn up in two copies:
- military-educational institutions - on graduate servicemen appointed to military posts after the end of the military school and receive in connection with this officer military rank;
- Military parts - on military personnel who have concluded a contract for the passage of military service.
Servicemen upon arrival at the new place of military service are given a card accounting card provided by a military personnel, to the Housing Commission of the military unit for making the necessary data and transferring it to keep and storing to the Custom-made apartment and operational authority. At the disposal of the serviceman to the new place of military service, the accounting card of residential premises provided by a serviceman is issued to him as a painting. The second copy of the accommodation card of residential premises provided by a serviceman is fed into the personal matter of the serviceman.
Removal from the accounting of these citizens is carried out on the grounds provided for by paragraphs. 1, 3-6 h. 1 tbsp. 56 LCD RF. Such grounds are:
- submission by them at the place of accounting for the declaration of deregistration;
- their departure to the place of residence to another municipality, except in cases of changes in the place of residence within the cities of the federal significance of Moscow and St. Petersburg;
- obtaining them in the prescribed manner from the state authority or local government of budget funds for the acquisition or construction of residential premises;
- providing them in the prescribed manner from the authority of state authorities or local government land plot for the construction of a residential building;
- identification in the documents submitted by these documents, which makes accounting, information that is not appropriate and served as the basis for taking into account, as well as unlawful actions officials An authority taking into account, when solving the issue of adoption.
Discontinuits will also be carried out in the event of the loss of grounds that, before the introduction of the LCD of the Russian Federation, was given to these persons the right to receive residential premises under social contract agreements and was established by Art. 29 LCD RSFSR.
Servicemen are also removed from accounting in case of departure to the new place of military service, with the exception of military personnel staging to the passage of military service in the territories of the countries of Transcaucasia and the Republic of Tajikistan.
At the same time, the military personnel of the Armed Forces of the Russian Federation, registered in need of obtaining residential premises (improvement of housing conditions), aimed at the prescribed manner, to the new place of military service from one military unit to another, stationed in the same garrison, are subject to inclusion in lists Inscripts for residential premises (improvement of housing conditions) from time to record and inclusion in these lists at the previous place of military service in this garrison (paragraph 28 of the Instructions, approved by order of the Minister of Defense of the Russian Federation of February 15, 2000 N 80) .
The procedure for the distribution of residential premises. The distribution of residential premises in the Ministry of Defense of the Russian Federation is established by the instructions on the procedure for providing residential premises in the Armed Forces of the Russian Federation (order of the Minister of Defense of the Russian Federation 2000 N 80).
Residential premises related to the departmental housing stock (coming from the housing construction of the Ministry of Defense of the Russian Federation acquired by the Ministry of Defense of the Russian Federation coming from the re-equipment of non-residential premises) are distributed between the military units for which housing construction or purchase was carried out proportional to the number of military personnel in need of obtaining residential premises (improvement of housing conditions).
In the garrisons where military units of various subordination are stationed, to provide military personnel of military units (military commissariants, the linear bodies of military communications, military departments with state educational institutions of vocational education, prosecutor's office, Cech of regions, military commanders and other military units) for which Housing construction is not conducted, up to 20 percent of the total housing area coming from the own housing construction of the types of armed forces, childbirth, the main and central administrations of the Ministry of Defense of the Russian Federation, with the subsequent compensation of costs incurred by their expenses allocated to the military union areas ( Clause 34 of the above instruction).
Residential premises released for the departure of military personnel are distributed among military personnel of military units in which they passed military service. In cases of absence in military units of military personnel in need of obtaining residential premises (improvement of housing conditions), residential premises are distributed between military units deployed in the garrison, in proportion to the number of military personnel in need of obtaining residential premises (improvement of housing conditions).
The distribution plan of the living space between the military units is made up by a garrison housing commission, is coordinated with the head of the content-based apartment and operational body and is approved by the head of the garrison. Thus, the head of the garrison has no right to solve apartments between the military units.
In the garrisons in which military units that have different subordination are deployed to the distribution of residential premises, built by the Ministry of Defense of the Russian Federation acquired by the Ministry of Defense, draws up a plan for the distribution of residential premises between the military units of the garrison, for which housing construction (purchase) was carried out. The plan is drawn up by a garrison housing commission, signed by the head of the Kech district, head of the garrison, head of the apartment and operating department of the Military District (Marine Engineering Service of the Fleet) and is submitted for approval by the relevant commander-in-chief of the Armed Forces of the Russian Federation, the commander of military districts (fleets), childbirth forces, Heads of the main and central administrations of the Ministry of Defense of the Russian Federation, for which housing construction (purchase) was carried out.
In the Moscow garrison, the distribution plan of residential premises between military units is compiled by the main apartment department of the Ministry of Defense of the Russian Federation and is approved by the Minister of Defense of the Russian Federation.
The distribution of entering the military unit of residential premises between military personnel is produced by the Housing Commission of the military unit in order of priority on the basis of the time of taking them to record and inclusion in the lists of residential premises (improvement of housing conditions).
The distribution of applicants to the military unit of residential premises between military personnel is issued by a list of distribution of residential premises along the military unit in accordance with the established form (Appendix N 7 to the above instruction), which is signed by the commander and chairman of the Housing Commission of the Military Part, is agreed with the head of the apartment and operational body and with necessary documents It seems to approve the head of the garrison.
In cases of disagreements between the commander and the Housing Commission of the military unit on the distribution of residential premises, the decision on the distribution of residential premises between the soldiers of this military unit is adopted by the head of the garrison on the submission of a garrison housing commission.
The distribution of residential premises between military personnel in newly built residential buildings It is drawn up by a garrison housing commission by the list of distribution of residential premises in newly constructed residential buildings in the form according to Appendix N 9 to the above instruction on the basis of lists of distribution of residential premises along the military unit. The list is signed by the chairman of the garrison housing commission, the head of the Cech of the district, the head of the garrison, is agreed with the head of the district CEU (MIS Fleet) and two months before the commissioning of these residential buildings, it seems to approve the approving commander-in-chief of the Armed Forces of the Russian Federation, the commander of military districts of military districts ( Fleets), childbirth forces, heads of the main and central administrations of the Ministry of Defense of the Russian Federation, for which housing construction (purchase) was carried out.
Approved lists of distribution of residential premises that fix the decision are the basis for concluding social hiring contracts and the subsequent settlement of residential premises.
Providing residential premises. Residential premises are provided only to persons who are registered in need of residential premises (improving housing conditions), and only in order of priority. The only criterion in determining the priority is the time of taking into account (by the date of decision on registration).
In accordance with the federal law "On the status of military personnel" (paragraph 1 of Art. 15), military service under the contract under the contract and which concluded a contract for military service before January 1, 1998 (with the exception of cadets of military educational institutions of vocational education), and Together with them to members of their families, official residential premises or hostels are provided for the first five years of military service. With the continuation of military service over the specified deadlines, they are provided with residential premises on general reasons (referred to the grounds provided for for persons adopted in need of residential premises before January 1, 2005). The specified servicemen remain the right to residential premises in them before entering military service.
The norm of the above-mentioned Federal Law on the provision of service residential premises (hostels) for the first five years of military service, not counting the time of training in military educational institutions of vocational education for all, without exception, the categories of military personnel passing the military service under the contract, including for officers, operated From January 1, 1993, and was established by the Law of the Russian Federation "On the status of servicemen." Previously, a similar norm was operated for ensign (Michmanov) and military personnel of the superior service.
In cases where the soldier in the first five years of military service had the right to official residential premises or a hostel, held a queue for their receipt and was not provided by them, the right to providing residential premises that did not have official status, arises from the moment of the expiration of the first five years of the military Services (not counting training in a military educational institution of vocational education).
Family members of military personnel. In the LCD of the Russian Federation, just as earlier in the LCD RSFSR, the concept of "family" does not contain. In some monographs, it is indicated that the family is a group of persons related to related or property, joint living in this dwelling and a common budget or unity of expenses for the payment of the apartment. The circle of family members associated with rights and obligations is determined differently depending on the purposes. legal regulation In various branches of law - family, civil, housing, military, etc.
In the practice of military management bodies, military units and organizations, the question is very often arising which content is invested in the concept of a "family member" in relation to the housing rights of military personnel, citizens dismissed from military service, and their families.
In accordance with paragraph 5 of Art. 2 of the Federal Law "On the status of military personnel" to members of the families of military personnel, which apply including housing guarantees provided for by this law include: spouse (spouse); juvenile children; Children over 18 years old who have become disabled until they reach the age of 18; Children under 23 years old, students in educational institutions for full-time education; People who are dependent on military personnel.
However, housing benefits provided for by the Federal Law "On the Status of Servicemen" apply to the members of military personnel and citizens who specified in it were dismissed from military service unless otherwise provided by others. federal laws and other regulatory legal acts Russian Federation.
Other takes place in russian legislation. The LCD of the Russian Federation to members of the family of residential premises under the social employment contract: living together with him his children, spouse (spouse) and parents of this employer. Other relatives, disabled dependents, and in exceptional cases, other citizens can be recognized by the members of the employer's family, if they are nimbled by the employer as members of their family (Art. 69 LCD RF).
To address the question of writing dependents in a personal matter, the serviceman submits a team report with the application to it documents confirming the disability of dependents (certificate of age or disability), and documents confirming that the main source of means for the existence of dependents is the material assistance of a serviceman (certificate On the amount of the retired pension, the availability of other children, the character and size of them provided by them material assistance parents). In relation to the parents of his wife, in addition, a certificate of their residence is attached to the report. Parents of his wife living separately from the serviceman, among the dependents of the column 21 of the service person's service person, are not recorded, regardless of the state of dependency of the military personnel. Recording information about dependents is made on the basis of the order of the construction part.
The fact of being dependent in the absence of confirming documents may be established in court, if the establishment of this fact is not available in a different order. Issuance of the appropriate authority (in particular, the housing and operational organization) of certificates that, according to the available data, the person did not depend on dependency, it also does not exclude the possibility of establishing in the judicial procedure.
The procedure for settling living space. Unlike the previously active order, when the settlement of the living space was carried out only by orders, at present the settlement should be carried out only on the basis of a contract of hiring a residential premises concluded on the basis of a decision adopted by an authorized body on providing a particular family of a particular residential premises.
Therefore, at present, the procedure for issuing orders for residential premises in military towns or residential premises belonging to the Departmental Housing Fund of the Ministry of Defense of the Russian Federation (other federal executive bodies) established by Resolution of the Council of Ministers of the USSR "On the procedure for providing residential premises in Military Towns and issuing orders for these premises "of May 6, 1983 N 405, as well as instructions on the procedure for providing residential premises in the Armed Forces of the Russian Federation.
At the same time, with the exception of the execution of the order, in general, the procedure for issuing documents will continue. The following documents are submitted to design documents for the settlement of the living space in the apartment operational authority:
- approved list of distribution of residential premises on the military unit;
- extracts from the minutes of the meeting of the Housing Commission of the Military Part (garrison);
- certificates about the delivery of residential premises in the Cech district. In the certificate of renting a residential premises, information on the actions made with a certificate of permitting residential premises at the previous place of military service are indicated. If a soldier lived in a service residential building or had a booked residential premises, a certificate of delivery of service or booked residential premises is presented;
- passports (birth certificates) of family members to be included in the order, as well as a written obligation of adult family members about their release after receiving the residential premises of the previously occupied residential area;
- copies of the housing contract (for military personnel provided by official residential premises);
- copies of a financial personal account and discharge of house books (consumer cards) (for military personnel and their families registered at the place of residence), extracts from the personal business of a serviceman about the family, certificates (conclusions) of health care institutions, SanEpids, technical inventory bureau verification of housing conditions (for servicemen and members of their families registered at the place of residence), certificates confirming the place of military service of military personnel, and other documents relating to the solution of this issue.
The heads of the Cech of Areas When making documents on a residential premises, they are requested in the Cech of the District, issued a certificate of housing, at the same place of military service (residence) of a serviceman confirmation of the fact of renting a residential premises. Answers to requests are sent within three days after receiving the appeal.
For registration of documents for the settlement of residential premises allocated to the central bodies of military administration, military units of central subordination and military-educational institutions deployed in the Moscow garrison, the above documents are submitted to the main apartment department of the Ministry of Defense of the Russian Federation.
The establishment of citizens who are not related to the Ministry of Defense of the Russian Federation, in the residential premises of houses located in closed military towns, is not allowed as permanently residing with the employer.
The establishment of the residential premises of citizens living in houses located in closed military towns can be resolved by the head of the garrison on the submission of the head of the KEC district (garrison) to disabled citizens of the Russian Federation, which are dependent on the employer. With the establishment of minor children, such permission is not required. The instill is allowed subject to compliance with the requirements of the legislation on the rate of providing residential area per person (Art. 50 of the LCD of the Russian Federation, previously according to Art. 38 LCD RSFSR - 12 square meters), except for the incident of juvenile children.
Military parts are usually placed in military towns. The entire barrlas and housing fund of the Ministry of Defense of the Russian Federation is taken into account by the bodies of the apartment and operating service. Residential premises in the houses of the State, Municipal Housing Fund, enshrined at the Ministry of Defense of the Russian Federation, are assigned to those military units of the garrison in which military service hosts military personnel. This previously established order, apparently, in connection with the introduction of the LCD of the Russian Federation will be revised.
Residential premises enshrined at the Ministry of Defense of the Russian Federation, freed by the departure of employees of the federal executive authorities, which provide for military service, are provided with servicemen undergoing military service under the contract in the Armed Forces of the Russian Federation, with the exception of residential premises obtained by these bodies due to participation In the housing construction of the Ministry of Defense or as a result of the purchase.
The exceptions also constitute cases when the living space in the houses of the State and Municipal Housing Funds occupied by the judges in the Houses of State and Municipal Housing Funds. Residential premises are provided to other prosecutors and investigators in need of improving housing conditions (paragraph 6 of Art. 44 of the Federal Law "On the Prosecutor's Office of the Russian Federation").
In practice, there are cases when the isolated residential premises in the apartment where several employers live for the exit, where several employers live, are claiming other tenants of this apartment that are not military personnel. Courts become in front of the dilemma: to resolve these cases in accordance with Art. 46 LCD RSFSR (Currently - Art. 59 LCD RF) and Art. 16 of the Law of the Russian Federation "On Fundamentals of Federal Housing Policy" dated December 24, 1992, which establish that the released residential premises in communal apartmentswhere several employers live, they must be provided with citizens living in this apartment, in need of improving housing conditions, and in the absence of such - citizens who have a living area of \u200b\u200ba less established norm per person (at the same time, the right to an additional living space), or to do according to Federal Law "On the status of servicemen." Given the fact that in relation to the soldiers, the specified law provides for a special rate, residential premises should be provided to a serviceman. The condition for the correct permission of the case is also to establish the fact of fixing residential premises for the use of the Ministry of Defense of the Russian Federation, other federal authorities, in the troops of which military personnel undergo military service, which confirms their belonging to the Housing Fund of the Russian Federation.
Provisions of paragraph 5 of Art. The 15 federal law "On the status of military personnel" were twice reviewed by the Constitutional Court of the Russian Federation, which noted the following.
Installation on local self-government authorities, the obligation to provide the liberated residential premises, previously occupied by military personnel and jointly living with them, their families, other servicemen and their families, the disputed provisions of paragraph 5 of Art. 15 of the Federal Law "On the status of military personnel" - in order to ensure the balance of such constitutionally protected values, as the independence of local self-government and protection of the rights of servicemen, do not exclude the participation of local governments in the distribution of such residential premises, which is intended to guarantee the right municipal Education as the owner of housing; At the same time, the independence of local self-government at the disposal of municipal property is not violated. However, despite the fact that the content and use of the municipal housing fund due to the law relates to local matters, issues of providing housing for military personnel and their families as citizens living in the territory of the respective municipality, have not only local, but also the national importance, and therefore should be decided together government agencies and local governments. The resolution of the form of the forms of participation of local governments in providing the housing of military personnel is the prerogative of the legislator (defining the Constitutional Court of the Russian Federation of December 25, 2003 N 453-O).
Military service, in the meaning of Art. 59 and art. 71 (p. "T") Constitution of the Russian Federation, represents a special kind of federal public serviceIt also determines the special legal status of military personnel, expressed, in particular, in the order of their housing, which is carried out on the basis of special legislation and on special rules. Federal Law "On the status of servicemen" establishing the foundation public Policy In the field of legal and social protection of military personnel, provides for a number of state guarantees and compensation for military personnel in need of improving housing conditions. Thus, the state assumed relevant public legal obligations regarding the specified category of citizens.
Introduction by the legislator of special conditions for the provision of residential premises in itself does not hinder the realization of the right to housing (Art. 40 of the Constitution of the Russian Federation) and does not exclude the possibility of its implementation by other categories of citizens, in particular civilian staff of the Armed Forces of the Russian Federation, common orderstipulated by housing legislation (definition of the Constitutional Court of the Russian Federation of April 22, 2004 N 170-O).

The number of military personnel of the Russian Federation for different sources varies from 800 thousand to more than 1 million people. Therefore, the housing provision of military personnel of the Armed Forces of the Russian Federation is one of the main directions that the Ministry of Defense of the Russian Federation is working. There is a list of causes and procedure that lead to service housing, or an equivalent amount of funds.

Who is provided with accommodation at the expense of the state

There is a certain number of persons who may apply for residential premises issued by the Housing Department of the Ministry of Defense. Housing is provided only to people recognized as needing it.

Contingent employees who have the right to housing:

1. Military, which concluded contracts until 01/01/1998.
2. Members of the Military Family, living together.
3. The families of the victim during the passage of military service.

Not all dismissed from the service can qualify for real estate or payments. When dismissing the housing service is provided only in three cases:

1. When a retirement is retired with a common military experience at least 20 years.
2. When the boundary age is reached, after which it is impossible to continue the service, the minimum experience of 10 years.
3. When dismissal due to organizational and staff, experience is also required from 10 years.
4. Families dismissed from military service who died after dismissal, but in the real estate registry.

If all the requirements are followed, there are several options, one of which is chosen by future owners. This is one-time housing subsidyResidential office spaces located on the state account or military mortgage.

Office premises

Each of the ways to provide housing has its own characteristics. So, real estate is issued for the time of service and privatization of official housing servicemen are impossible. Service housing is issued for a serviceman no later than 3 months from the date of receipt of the new service. The room is issued in the near town. If there is no free real estate in federal propertywhich is located in this village, that is, two solutions that have arisen:

1. Premises in a more remote city.
2. Monthly reimbursement of the rental cost, for independent housing.

Specialized Housing Fund - the premises of federal possession, and allocated for target use Some types of citizens.

It includes:

1. Service residential premises issued to people leading specialized labor activities. This type of housing can be provided only with isolated apartments. Apartment house Maybe, both fully consist of a federal balance sheet and partially. It is used for permanent residence of military personnel and members of their families, until time, acquisitions in the personal property of residential real estate. Subtleing to apartments, partially engaged in other users illegally.
2. Residential rooms in hostels are used to find the military. They are counted specially erected or redeveloped buildings, or their parts fully equipped with all necessary for life.
3. Residential premises of the maneuverable fund, give out to persons for a short residence. Given under the condition that people lived under the contract social loanwhen at home are exposed overhaulOr, if you lose your stay in your own housing.

Documents submitted to obtain official real estate

To allocate official housing, there are a number of documents that the military must submit the housing authority that oversees its place of service.

Mandatory documents:

• statement about the need for housing;
• copies of the identity of the military and members of his family, passports and birth certificates;
• a copy of the certificate of entry or termination of the marriage;
• lack of one's own housing;
• certificate of family composition;
• document on the passage of military service;
• cONCLUSION ON COMMUNICATION OF CONTROL HOUSING TRAINERS in the previous place.

Providing documents and copies, perhaps in personal orderand by mail with the description of everything in the parcel. It is better, of course, personal appeal, due to this, the dates of responding to the authorities are reduced. Decision on issuing a queue for issuance office rooms Accepted within 10 days without taking into account weekends and holidays.

When making a decision on registration in the provision of housing, the date of submission of documents is taken into account. If several military served simultaneously, the priority place occupy those who have a longer service life.

Service rates

The complexity of providing military personnel and their families of housing is that there are certain norms housing legislationestablishing minimally acceptable living conditions for people. Thanks to legislative actsIt is impossible to provide residential premises that do not meet the needs of a person.

The calculation occurs, given the following factors:

• not less than 6 square meters. m. living space in the hostel (does not include a corridor, kitchen and bathroom);
• the total area of \u200b\u200bresidential premises should be 18 square meters. m. per person.

When preparing premises that do not comply with the data of the standards, the refusal of this housing does not lead to the removal from the queue for housing.

Some citizens have the possibility of obtaining additional meters to the living space, from 15 to 20 square meters. M.:

1. Upon receipt of the title colonel or equal to it or with the honorary rank of the Russian Federation.
2. When teaching military disciplines in higher educational institutions.
3. Researcher of the military department.
4. Military commander.

Causes provoking the refusal of official housing servicemen:

1. The inconsistency of the size of the area provided by the number of family members.
2. Emergency atmosphere in the building, overhaul is required.
3. Distance from the place of service.
4. Violation of sanitary standards.
5. Lack of kindergartens or schools for families with children.

Refusal of service housing servicemen 'consequences:

• If norms housing law In the offered apartment were violated, the military continues to be paid monthly sum For helping housing.
• If all the standards of service housing for a military personnel are observed, but the defender refused housing, compensation for renting a living space is ceased to be paid.

Any refusal must be supported by arguments. If you refuse the military, the definition of "needy in the residential premises" is not removed, and when the next free living space occurs, a notice will come to him. How do the serviceman refuse the service life? This requires to come to the local body engaged in the distribution of residential area and write an application for a refusal of this housing.

Cumulative and Mortgage System

When reforming the possibility of obtaining housing with servicemen, the state decided to stimulate the desire to continue the service. Before the reforms of the apartment, which can be privatized, received only at the end of the military career. Now every year dedicated to the defense of the Fatherland, the state covers mortgage contributions military.

Any employee has the right to participate in the accumulative system, regardless of the number of family members or titles, and also does not affect the participation of the presence of residential premises. For accumulations, a personal account opens to which target budget funds will be enrolled. To access them, you will need to wait 3 years after the data is entered into the registry. During this time financial organizations Selected "Rosvoenipotek" carry out investment of funds on personal account, increasing the final amount.

After 3 years, funds are sent to the purchase of housing, or continue to reinvest. Due to the fact that the means are targeted, it is impossible to use them for other purposes. As well as when dismissing "under the article", all payments will be required to return to federal budget, but debenturestaken before financial institutions repay alone. Means are considered personal at the achievement of service life of 20 years, or when dismissing with experience of 10 years.

The right to receive housing as a service and personal, has any person who has dedicated their lives to the protection of the country. Therefore, the state sends cash The restructuring of the branch of the provision of housing. The system for the provision of military target material loans is constantly changing and improved. Now the military has the right to independently choose a place of residence and an apartment acquired.

Questions of providing housing of military personnel and members of their families on modern stage The development of the military organization of Russian society acquire special significance. On the one hand, it is caused by the optimization of the structure of the armed forces, on the other hand, the improvement of the system of comprehensive supply of military personnel with everything necessary to fulfill their duties.

One of the most difficult social problems in the Armed Forces of the Russian Federation is to provide housing for military personnel and members of their families. Currently, 122.4 thousand military personnel and their families still need constant or service housing.
Housing certificates, like the mortgage-cumulative system of providing housing, are not able to completely remove the problem. The price of a square meter of housing, laid down in these documents, much lower it market valuethat does not provide the absolute majority of military personnel with the ability to improve their living conditions.
President of the Russian Federation Dmitry Medvedev, while in October last year at military exercises in the Barents Sea, said: "If this is a housing certificate, then it should be a real housing certificate that allows you to buy an apartment in the place where it is necessary. So the housing certificate should cover 100 percent of the cost, we will proceed from this. Because it is better to do this program a little slower, but that it has been realistic, otherwise what is the point of these certificates to give. "
In April 2008, a strategy was approved in the Ministry of Defense of the Russian Federation social Development Armed Forces of the Russian Federation for the period up to 2020. In accordance with it, a strategic plan "Improving housing conditions of military personnel of armed
Forces of the Russian Federation and their family members for the period up to 2020, "the main goals of which are:
1) providing permanent housing servicemen who have entered into a contract before January 1, 1998;
2) the creation in 2012 of the Service Fund under the staff of military units and compounds;
3) ensuring the operation of the cumulative and mortgage system of housing for servicemen.
To solve the tasks of the tasks, the Ministry of Defense of the Russian Federation in 2008 - 2010 plans to obtain 67 thousand apartments within the framework of the state defense order. In addition, work is currently being accommodated state orders For the purchase of I. share In the construction of housing at the expense of funds received as a result of the implementation of the released immovable property.
The general procedure for housing support of military personnel is regulated by Article 15 of the Federal Law of the Russian Federation "On the status of servicemen." Based on this legislative Act The state guarantees the provision of residential premises to military personnel and their families. The order of providing housing is regulated by the Order of the Minister of Defense of the Russian Federation No. 80 of February 15, 2000 "On the procedure for providing residential premises in the Armed Forces of the Russian Federation."
The Housing Code of the Russian Federation (LCD RF), enacted from March 1, 2005, divides the State Housing Fund, depending on the purpose of use, at the Housing Fund of Social Use and Specialized Housing Fund. The provision of the residential premises of the Housing Fund of Social Use (under social hiring agreements) to the servicemen and jointly living with them (under social contract agreements) in accordance with Articles 51 and 57 of the LCD of the Russian Federation. The grounds for providing citizens of residential premises under social hire agreements are determined, based on the level of their housing. The total total area of \u200b\u200ball residential premises occupied by military personnel (or) members of their families under social employment contracts and (or) ownership of them are taken into account both when registering in need of improving housing conditions and in determining the size of the residential premises provided under a social hire agreement.
Residential premises of a specialized housing stock are provided with servicemen and jointly living with them to their families, not secured by residential premises in the relevant settlement, on the standards stipulated by federal laws and other regulatory legal acts of the Russian Federation.
In the absence of official housing, military units rented residential premises or, at the request of military personnel pay them a monthly cash compensation for hiring (for) residential premises in the manner and sizes, which are determined by the Government of the Russian Federation.
In accordance with the Decree of the Government of the Russian Federation No. 909 dated December 31, 2004 "On the procedure for payment of monetary compensation for hiring (for) residential premises to military personnel - Citizens of the Russian Federation, held military service under the contract, citizens of the Russian Federation, dismissed from military service, and members of their families "(With subsequent changes and additions) established that monetary compensation is paid in the amount not exceeding:

• in the cities of Moscow and St. Petersburg - 15,000 rubles;
• in other cities and district centers - 3,600 rubles;
• in other localities -2700 rubles.

The indicated amounts of monetary compensation increase by 50%, if three or more family members live together with a military personnel or citizen who were dismissed from military service.
In accordance with paragraph 8 of Art. The 15th FZ of the Russian Federation "On the status of military personnel" upon receipt of residential premises have the right to an additional total area of \u200b\u200bresidential premises of 15 to 25 square meters of the following soldiers:

• officers in military ranks Colonel, to him equal and higher, held military service or dismissed from military service upon reaching the limit age at military service, health status or in connection with organizational and staff activities;
• commander of military units;
• servicemen who have honorary titles of the Russian Federation;
• military personnel - teachers of military educational institutions of vocational education, military departments in state educational institutions of higher professional education;
• servicemen are scientists who have academic degrees or scholars.

According to Art. 23 FZ "On the status of military personnel" servicemen, the total duration of military service of which is 10 years and more in need of improving housing conditions on the standards established by federal laws and other regulatory legal acts of the Russian Federation, without their consent, cannot be dismissed from military service The achievement of the limit age at military service, health state or in connection with organizational and staff events without providing them with residential premises.
A military personnel whose total duration is 10 years and more to be dismissed from military service to achieve the limit age at military service, health state or in connection with organizational and staff activities in last year The military service of the Ministry of Defense (another federal executive body, in which the Federal Law provides for the military service), at wishes, the state housing certificate is issued to acquire a residential premises in elected after dismissal from military service in the manner determined by the Government of the Russian Federation.
When providing residential premises with disabilities, the recommendations of the individual person's rehabilitation program are taken into account, the state of its health, as well as other circumstances (floors, approaching the medical and prophylactic institution, the place of residence of relatives, close, etc.).
The problem with providing the housing of military personnel since 2004 is solved under the subprogramme "State Housing Certificates for 2004-2010". It is part of the Federal target program "Housing" for 2002-2010 "and approved by the Decree of the Government of the Russian Federation No. 700 of 20.11 2003
Rules of issue and repayment of state housing certificates As part of the implementation of the subprogramme, approved by the Decree of the Government of the Russian Federation No. 522 of October 7, 2004, it is considered as one of the most effective mechanisms for solving a housing problem.
Account manager (participant of the GZHD subprogram) has the right to purchase on primary or secondary market housing on the territory of the subject of the Russian Federation specified in the certificate, in any physical and legal entities (one or more) residential premises.
In the coming years, the Ministry of Defense of the Russian Federation provides for solving the housing problem of military personnel in the following main areas:

• providing housing of uncenetary military personnel and members of their families who have entered into a contract before January 1, 1998. The obligations to them will be repaid in the framework of the current legislation by providing housing for permanent residence. Servicemen who entered military service after January 1, 1998 are provided by official residential premises for the entire period of military service in accordance with the norms established by federal laws and other regulatory legal acts of the Russian Federation;
• formation of a residential area of \u200b\u200bresidential premises under the staff number of military units and compounds. Service housing here will be provided only for the period of military service;
• creating an effective market mechanism that allows you to implement the rights of military personnel to receive housing to property upon completion of the service.

At the same time, it is planned to use modern and efficient approaches, including:

• providing state support for military personnel to acquire housing with mortgage loans;
• creating conditions for attracting investors in order to form a housing foundation outside military towns and placement of servicemen on lease or hiring conditions;
• improving the efficiency of the existing residential fund.
• Until 2015, it is planned to create a service housing fund in the amount of 334 thousand apartments, which, taking into account already available, will be 480 thousand under the planned staff number of the Armed Forces of the Russian Federation.

The main sources of the formation of the service housing fund are:

• construction and acquisition of him for his own plan of the Ministry of Defense of the Russian Federation, first of all, in closed military towns;
• optimization of an existing service residential foundation, as well as a housing by implementing investment projects;
• formation of rental housing fund for posting military personnel in major cities and administrative centers.

First of all, the formation of a service residential fund is envisaged in the deployment points of military units and compounds of constant combat readiness.
In the future, this fund will be created in other military units to be transferred to the contract method.
As well as additional measures To increase the allocations directed to the financing of housing construction, will be transferred to the accumulative system of providing the housing of military personnel.
Due to the fact that the previously existing housing system of military personnel entered a certain contradiction with economic opportunities States, the Ministry of Defense of the Russian Federation chose other ways to solve this problem.
At the expense of all sources of funding in 2009, it is planned to purchase 32 thousand apartments to ensure that military personnel and members of their families needing accommodation, about 22 thousand apartments for permanent residence and 10 thousand office apartments.
In this regard, the former Deputy Minister of Defense of the Russian Federation for Financial and Economic Work Love Kuddoon in March 2009 stated that "Housing, the construction and repair of military and social infrastructure facilities is a priority area of \u200b\u200ballocating funds in the 2009 budget, and appropriations are provided for these purposes. in the amount of 81 billion rubles. Housing costs will not be reduced under any circumstances. "