JO MO RF. Department of Housing for Military Personnel of the Russian Ministry of Defense.
Background information on the provision of permanent and service housing to military personnel in Moscow and the Moscow region. Addresses, maps, reception times.
Boss:
Pirogov
Sergey Vladimirovich
Housing Department of the Ministry of Defense Russian Federation informs about the new procedure for organizing housing for military personnel in Moscow and the Moscow region:
ANNOUNCEMENT
The Housing Department of the Ministry of Defense of the Russian Federation notifies of the termination of reception of citizens at the address: Moscow, Bolshoi Znamensky Lane. d. 8/12.
Starting from July 17, 2018, reception of citizens on issues of issuing decisions on the provision of residential premises (housing subsidies), receiving notices for allocated residential premises, as well as accepting documents will be carried out at the address: Moscow, st. Sadovaya-Kudrinskaya, 26/40, building 4 (1st floor, right).
Nearest metro station: Mayakovskaya
Please note that we have changed the schedule for receiving citizens:
Reception additional documents accounting files:
weekly Tuesday, Thursday from 10.00 to 12.30
Issuance of decisions on the provision of residential premises (housing subsidies):
Issuance of notices on the distribution of residential premises:
weekly Tuesday, Thursday from 14.00 to 16.00
Also at the address: Moscow, st. Sadovaya-Kudrinskaya, 26/40, building 4, weekly on Wednesdays from 10.00 to 13.00 the following will be carried out:
- reception officials appointed by orders of commanders of military units responsible for the implementation of the savings and mortgage housing system for military personnel of the Armed Forces of the Russian Federation (hereinafter referred to as NIS) in military units stationed in the territory of Moscow and the Moscow region upon provision of relevant documents for the implementation of NIS;
- conducting consultations and receiving documents from military personnel and citizens living on the territory of closed military camps located on the territory of Moscow and the Moscow region by appointment regarding the provision of social benefits for the purchase of housing certified by a state housing certificate.
SOLUTION
In the name of the Russian Federation
Moscow Garrison Military Court, composed of the presiding judge - Judge P.M. Sotskov, with the secretary of the court session - Y.V. Bichurina, with the participation of the representative of the administrative plaintiff A.E. Remizov, in an open court session, on the premises of the court, having considered the administrative case on administrative claim of a serviceman of military unit 75384, Captain Sergei Vladimirovich Kunitsyn, challenging the inaction of the Housing Department of the RF Ministry of Defense (hereinafter referred to as the Housing Department of the RF Ministry of Defense), associated with non-inclusion in the lists for official residential premises, as well as the actions of the FKU Management financial security Ministry of Defense of the Russian Federation for Moscow and the Moscow Region (hereinafter referred to as the Ural Federal District of the Ministry of Defense of the Russian Federation), related to non-payment monetary compensation for renting residential premises,
installed:
Remizov filed an administrative claim in court, filed in the interests of Kunitsyn, in which, taking into account the increase in demands, he asked the court:
Declare illegal the inaction of the Federal District Directorate of the Ministry of Defense of the Russian Federation related to the payment of monetary compensation for the rental of residential premises, in accordance with the order of the commander of military unit 75384 dated DD.MM.YYYY;
Oblige the Ural Federal District of the Ministry of Defense of the Russian Federation to pay monetary compensation for the rental of residential premises, in accordance with the order of the commander of military unit 75384 dated DD.MM.YYYY;
To recognize as unlawful the inaction of the Department of Defense of the Ministry of Defense of the Russian Federation in relation to the restoration of Kunitsyn and his family members in the register of military personnel in need of official housing in<адрес>, with DD.MM.YYYY;
Oblige the Joint Department of the Ministry of Defense of the Russian Federation to restore Kunitsyn and his family members to the register of military personnel in need of official housing according to<адрес>, with family composition No. person, with DD.MM.YYYY.
The representative of the administrative plaintiff at the court hearing insisted on the stated demands, considering them legal and justified, indicating that his client, after being appointed to a military unit stationed in<адрес>, addressed the housing authority regarding its inclusion in the lists of those in need of office residential premises. After eliminating the deficiencies specified in the letter from the Department of Defense of the Ministry of Defense of the Russian Federation, through the official of the unit interacting with the housing authority, he, VDD.MM.YYYY, submitted the documents specified in the response from DD.MM.YYYY to in full. To date, no decision has been made. As for the response to his appeal from DD.MM.YYYY, the plaintiff and his client became aware of its existence only at this court hearing.
The head of the Federal District Directorate of the Ministry of Defense of the Russian Federation, duly notified of the time and place of the court hearing, did not arrive at the court. In written objections he indicated that Kunitsyn belongs to the category of military personnel who entered into the first contract and received the first rank of DD.MM.YYYY, that is, to a category that is for the entire term military service provided with service living quarters. According to data from the unified register of those in need of residential premises, Kunitsyn is in line to receive housing under a contract social hiring or is not owned. After arriving in Moscow, in DD.MM.YYYY, Kunitsyn was obliged to submit documents to the housing authority for the provision of office housing, which he did not do. Thus, there were no grounds for paying the administrative plaintiff monetary compensation for renting residential premises.
The director of the JO of the Ministry of Defense of the Russian Federation, duly notified of the time and place of the court hearing, did not arrive at the court. IN written review the representative indicated that the Department of Defense of the Ministry of Defense of the Russian Federation reviewed a set of documents from Kunitsyn on his inclusion in the list of those in need of official housing, dated DD.MM.YYYY. The specified kit did not contain a certificate of renting out official residential premises at the previous place of military service and an extract from the house register from the place of residence of the serviceman and his family members, in connection with which a response was sent to him. After eliminating the shortcomings, the issue of registering Kunitsyn as needing official housing will be considered again.
Also, the representative of the defendant points to the fact that Kunitsyn missed the deadline established by Art. 219 CAS RF on the contested inaction of the housing authority.
Having heard the explanations of the representative of the administrative plaintiff, the testimony of a witness, and examined the written evidence in the case, the court comes to the following conclusions.
As can be seen from the extract from the order of the commander of the Western Military District dated DD.MM.YYYY, Kunitsyn with DD.MM.YYYY is considered to have passed his work and position and with DD.MM.YYYY was appointed to the position of assistant commander of the training battalion (training junior specialists) in physical training – head of physical training of the 1st separate rifle regiment (military unit 75384,<адрес>).
From the response signed by the head of the 5th department of the JO of the Ministry of Defense of the Russian Federation from DD.MM.YYYY No., it can be seen that the housing authority has considered Kunitsyn’s appeal from DD.MM.YYYY on the issue of his inclusion in the list for the provision of office residential premises. Since he was not presented with a complete package of documents to resolve the issue of inclusion in the relevant list, Kunitsyn was asked to submit to the Department of Internal Affairs of the Ministry of Defense of the Russian Federation a copy of his identity card, a photocopy of his passport, a copy of the marriage registration certificate, information on the presence (absence) of residential premises occupied under social tenancy agreements or belonging by right of ownership to a serviceman and members of his family at the place of military service, a certificate of rental of official residential premises at the previous place of service, an extract from the house register at the address:<адрес>.
At the same time, the response states that, according to the registration data of the 159 Office of Housing of the Ministry of Defense of the Russian Federation, he was recognized as in need of housing at the place of military service in<адрес>with DD.MM.YYYY. At the same time, the registration file recognizing Kunitsyn as needing official housing was not received by the Department of the Department of the Ministry of Defense of the Russian Federation. To confirm registration with DD.MM.YYYY, Kunitsyn is asked to submit documents according to the list.
A serviceman from military unit 75384 questioned at the court hearing as a witness<данные изъяты>FULL NAME6 explained that he was the person interacting with the Department of Defense of the Ministry of Defense of the Russian Federation. VDD.MM.YYYY documents concerning the inclusion of Kunitsyn in the list for the provision of official housing were delivered to the housing authority. At the same time, he does not know what decision was made regarding them.
As can be seen from the blueprint of the response without date and number to the incoming letter from DD.MM.YYYY No. No. JO The Ministry of Defense of the Russian Federation considered a package of documents on the issue of including Kunitsyn in the lists for the provision of office residential premises. To make a decision, Kunitsyn was asked to submit to the housing authority a certificate of renting out official residential premises at his previous place of service, as well as an extract from the house register from the place of residence of the serviceman and his family members.
In accordance with paragraph 1 of Art. 15 Federal Law“On the status of military personnel”, the state guarantees military personnel the provision of their living quarters in the form of providing them Money for the acquisition or construction of residential premises or the provision of residential premises to them in the manner and on the terms established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, at the expense of federal budget.
Military personnel - citizens undergoing military service under a contract, and members of their families living together with them, are provided no later than three months from the date of arrival at a new place of military service with service living quarters in accordance with the standards and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation. Federation. Service living quarters are provided in settlements in which military units are located, and if it is not possible to provide service residential premises in the specified settlements, in other nearby settlements. At the same time, military personnel - citizens with three or more children - are provided with service living quarters on a priority basis.
Order of the Minister of Defense of the Russian Federation dated DD.MM.YYYY No. “On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and official residential premises” approved instructions on the provision of military personnel - citizens of the Russian Federation, undergoing military service under a contract in the Armed Forces of the Russian Federation , service residential premises.
Thus, according to paragraph 1 of the Instructions, military personnel - citizens of the Russian Federation, undergoing military service under a contract in the Armed Forces of the Russian Federation, and members of their families living with them, are provided with service residential premises no later than three months from the date of arrival at the new place of military service. standards and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation, taking into account the right to additional living space. Service living quarters are provided in settlements in which military units are located, and if it is not possible to provide service residential premises in the specified settlements, in other nearby settlements.
To obtain official living quarters, military personnel submit an application according to the recommended form in accordance with the appendix to this Instruction to a structural unit of the body authorized by the Minister of Defense of the Russian Federation (specialized organization (structural unit of the organization), to which documents are attached, according to the list.
Military personnel who have submitted an application and documents to the structural unit of the authorized body are included in the list for the provision of official residential premises and are provided with official residential premises in the order of priority based on the date of submission (sending by mail) of the application and documents specified in paragraph 2 of this Instruction, and in If the specified dates coincide, the priority is determined taking into account the total duration of military service.
The decision to include a serviceman on the list for the provision of official residential premises is made structural unit authorized body no later than ten working days from the date of receipt of the application and documents specified in paragraph 2 of this Instruction, of which a notification is sent to the military personnel in the recommended format in accordance with Appendix No. to this Instruction.
Clause 1 of the order of the Minister of Defense of the Russian Federation dated DD.MM.YYYY No. “On the authorized body of the Ministry of Defense of the Russian Federation and specialized organizations of the Ministry of Defense of the Russian Federation on housing issues in the Armed Forces of the Russian Federation, it is determined that the Department of Housing of the Ministry of Defense of the Russian Federation authorized body Ministry of Defense of the Russian Federation on the implementation of the requirements of the resolution and instructions in the Armed Forces of the Russian Federation.
Thus, at the court hearing it was established that, in connection with the transfer to a new place of duty, Kunitsyn, DD.MM.YYYY, submitted an application to the Department of Defense of the Ministry of Defense of the Russian Federation, in which he petitioned to include him and his family members in the lists for the provision of official living space. DD.MM.YYYY JO The Ministry of Defense of the Russian Federation has prepared a response in which the administrative plaintiff is invited to additionally submit documents according to the list. In DD.MM.YYYY, a representative of military unit 75384, responsible for interaction with the JO of the Ministry of Defense of the Russian Federation, presented documents to eliminate the shortcomings indicated in the above-mentioned message. After which, a message was sent to Kunitsyn, in which, in order to make a decision on inclusion in the lists of those in need of official housing, he was pointed out the need to submit additional documents. At the same time, the housing authority did not provide information confirming the fact that Kunitsyn received a message on his report from DD.MM.YYYY.
During the court hearing, the representative of the administrative plaintiff added to the case materials certificates from DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, DD.MM.YYYY, confirming the fact that Kunitsyn was not provided with residential premises from Ministry of Defense of the Russian Federation, during military service, as well as an extract from the house register, at the address:<адрес>.
At the same time, from the answers of the housing authority examined at the court hearing, it is clear that in order to make a decision to include Kunitsyn in the relevant lists, the Department of Defense of the Ministry of Defense of the Russian Federation required identical documents in their content.
Thus, the totality of the written evidence examined at the court hearing, the testimony of a witness and the explanations of the representative of the administrative plaintiff allow the court to come to the conclusion that to date the housing authority, in accordance with the established procedure, has made decisions on the issue of including (refusing to include) Kunitsyn in the list for the provision of official residential premises are not accepted, which, in turn, is unlawful and violates the rights of the administrative plaintiff.
To restore them, the court considers it necessary to oblige the director of the Department of Internal Affairs of the Ministry of Defense of the Russian Federation to consider the issue of including (refusing to include) Kunitsyn and his family members in the lists for the provision of official residential premises, with DD.MM.YYYY
As for the issue of missing the deadline established by Art. 219 CAS RF, then, in the opinion of the court, it was not missed, since the defendant did not provide evidence confirming that Kunitsyn received a response from the JO of the Ministry of Defense of the Russian Federation to his appeal from DD.MM.YYYY, and such evidence was not obtained by the court.
Since, as established at the court hearing, Kunitsyn appealed to the Department of Defense of the Ministry of Defense of the Russian Federation with the corresponding statement DD.MM.YYYY, then there are grounds for recognizing as illegal the inaction of the Department of the Department of Defense of the Russian Federation related to the failure to restore the administrative plaintiff to the lists of those in need of official residential premises with DD.MM .YYYY and imposing the obligation to consider the issue of restoration from this date, the court does not have.
As for Kunitsyn’s claims regarding the imposition of an obligation on the financial authority to pay him monetary compensation for renting housing for the period from DD.MM.YYYY, the court comes to the following conclusions.
As can be seen from the residential lease agreements dated DD.MM.YYYY and DD.MM.YYYY, Kunitsyn rents residential premises located at the address:<адрес>. Sum monthly payment is No. rubles.
From the extract from the order of the commander of military unit 75384 dated DD.MM.YYYY No. it can be seen that Kunitsyn is set for payment of monetary compensation for the rental of residential premises for the period from DD.MM.YYYY in the amount of No. rubles monthly, for DD.MM.YYYY, in total amount №.
At the court hearing it was established that the financial authority refused to pay the specified funds.
In accordance with clause 2 of the Regulations on the payment of monetary compensation for the rental (sublease) of residential premises to military personnel - citizens of the Russian Federation performing military service under a contract, and members of their families, approved by Decree of the Government of the Russian Federation dated DD.MM.YYYY No. (hereinafter - Regulation), if it is impossible to provide residential premises in accordance with the legislation of the Russian Federation at the request of military personnel during military service, they are paid monthly monetary compensation from funds allocated from the federal budget for these purposes to the Ministry of Defense of the Russian Federation in the amount stipulated by the contract rental (sublease) of housing, but not more than the established size.
At the same time, the provision of military personnel with living quarters is carried out in accordance with Art. 15 of the Federal Law “On the Status of Military Personnel”, paragraph 1 of which establishes that military personnel appointed to military positions after receiving vocational education in military professional educational organization or military educational organization higher education and receipt in this regard of an officer military rank (starting from 1998) are provided with official living quarters for the entire period of service.
From Kunitsyn’s service record it is clear that he belongs to the named category of military personnel.
As stated above, military personnel are provided with service living quarters according to the standards and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation.
In accordance with paragraph. 14 clause 1 art. 15 of the Federal Law “On the Status of Military Personnel”, military personnel provided with service living quarters are concluded with the Ministry of Defense of the Russian Federation (other federal body executive power, in which federal law provides for military service) contract for the rental of official residential premises. IN the said agreement The procedure for the provision of official residential premises, its maintenance and release is determined. The conditions and procedure for concluding such an agreement are determined by the authorized federal executive body.
Such conditions and procedure are determined by the Regulations on the conditions and procedure for conclusion housing contract between military personnel and the Ministry of Defense of the Russian Federation or another federal executive body in which the law provides for military service, approved by Decree of the Government of the Russian Federation dated DD.MM.YYYY No. (hereinafter referred to as the Regulations).
Paragraph 6 of the said Regulations establishes that military personnel and members of their families living with them are provided with service living quarters according to the standards and in the manner provided for by laws and other regulatory legal acts of the Russian Federation, taking into account the right to additional living space.
From the analysis of the above regulations, it follows that payment of monetary compensation for the rental of residential premises to military personnel provided with official housing for the entire period of military service is carried out only if it is impossible to provide them with residential premises suitable for living. The need for military personnel to obtain official housing is determined by the corresponding list, in which they are included after submitting an application and documents. The housing authority has no right to include a serviceman on such a list without his or her express will. This means that the payment of monetary compensation for renting housing to a serviceman who is provided with official housing for the entire period must be made provided that he is on the list for receiving official housing and there is no possibility of providing it. In the absence of these conditions, payment of monetary compensation for rental housing is groundless.
Considering that Kunitsyn belongs to the category of military personnel provided with official housing for the entire period of service, in DD.MM.YYYY he was transferred to a new duty station from military unit 30616-9 (<адрес>) to military unit 75384 (<адрес>), is not currently on the list of those in need of office residential premises, then the actions of the Federal Federal District of the Ministry of Defense of the Russian Federation related to the refusal to pay him monetary compensation for renting residential premises are legal and do not violate the rights of the plaintiff.
The presence of a notice of inclusion of a serviceman in the list for the provision of official residential premises dated DD.MM.YYYY No., dated DD.MM.YYYY, does not affect the court’s conclusions, since this decision was made during the period of Kunitsyn’s military service in military unit 30616-9 (<адрес>), and not at the new duty station in<адрес>.
Also, the presence of a directive order from the commander of military unit 75384 to pay Kunitsyn monetary compensation for renting housing does not affect the court’s conclusions, since its publication is not an unconditional basis for its payment.
Since, when going to court, the administrative plaintiff incurred legal costs for paying the state duty in the amount of rubles No., which is confirmed by a check order dated DD.MM.YYYY, then the court, in accordance with Art. 111 CAS RF, considers it necessary to recover them from the JO MO RF in his favor.
Guided by Art. Art. 175 – 180 CAS RF military court
administrative statement of claim Kunitsyn Sergei Vladimirovich – partially satisfied.
To recognize as illegal the inaction of the director of the Housing Services Department of the Ministry of Defense of the Russian Federation, associated with the failure to make a decision on the inclusion (refusal to include) Kunitsyn S.V. and members of his family on the list for the provision of official residential premises.
Oblige the Director of the Housing Services Department of the Ministry of Defense of the Russian Federation to consider the issue of inclusion (refusal to include) Kunitsyn S.V. and members of his family on the list for the provision of official residential premises, with DD.MM.YYYY.
To recover from the Housing Department of the Ministry of Defense of the Russian Federation in favor of Kunitsin S.V. legal costs associated with payment state duty, in the amount of No. rubles.
Indicate to the Director of the Housing Services Department of the Ministry of Defense of the Russian Federation the need to report the execution of the court decision to the court and S.V. Kunitsyn. within one month from the date the court decision enters into legal force.
In satisfying the requirements of Kunitsyn S.V. in relation to the recognition as illegal of the inaction of the Department of Housing of the Ministry of Defense of the Russian Federation related to the restoration of military personnel in need of official housing in the register<адрес>with DD.MM.YYYY; assigning responsibility to the Housing Department of the RF Ministry of Defense for its restoration with DD.MM.YYYY; recognition of illegal actions of the Federal Institution Financial Support Department of the Ministry of Defense of the Russian Federation for<адрес>And<адрес>, related to the non-payment of monetary compensation for the rental of residential premises and the imposition of an obligation to pay it, - refuse.
An appeal against the decision can be filed with the Moscow District Military Court through the Moscow Garrison Military Court within a month from the date the court makes the decision in final form.
<данные изъяты>
Chairman P.M. Sotskov
LEGAL DISPUTES WITH JO MO RF
In our practice, a significant place is occupied by litigation with the Ministry of Defense of the Russian Federation - with military units, institutions in the system of the Ministry of Defense of the Russian Federation, as well as with the Housing Department of the Ministry of Defense of the Russian Federation.
In this article, we would like to clarify the main questions that arise for military personnel (former military personnel) in connection with filing a claim in court, in particular, against the Department of Defense of the Ministry of Defense of the Russian Federation.
1. Which court should I go to?
The question of which court to apply to - civil or military - is given an exhaustive answer in the Resolution of the Plenum Supreme Court Russian Federation dated May 29, 2014 No. 8 “On the practice of application by courts of legislation on military duty, military service and the status of military personnel”:
“...cases related to the protection of violated and (or) contested rights, freedoms and legally protected interests of military personnel, citizens undergoing military training, from the actions (inaction) of military command and control bodies, military officials and decisions made by them , are subject to the jurisdiction of military courts."
In addition to the above, it is worth noting that we are talking specifically about disputes related to military service, or disputes arising from military-service legal relations.
Thus, disputes about the privatization of housing fall under the jurisdiction of civilian, and not military courts, precisely because in in this case, the legal relations of the parties are based on the Law “On Privatization housing stock in the Russian Federation”, and not on the Law “On the Status of Military Personnel” or, for example, on a serviceman’s contract. At the same time, the dispute over the provision of housing will be subject to the jurisdiction of a military court, since the right to receive an apartment is determined precisely by the status of a military serviceman, and, of course, by the Law “On the Status of Military Personnel.”
I believe it is necessary to draw your attention to the fact that the above principles for determining jurisdiction are more important when bringing civil claims.
If presented to military personnel administrative claim to a military command authority or to a military official, then such without any exceptions are subject to the jurisdiction of a military court.
1.1. In which military court should the claim be filed?
In case of filing civil action, then the answer to the question of which court to apply to is obvious - to the court at the location of the Defendant.
At the same time, the Code of Administrative Proceedings (CAC) resolves this issue somewhat differently:
Article 24 CAS:
2. An administrative claim against a federal executive body arising from the activities of its territorial body may also be filed with the court at the location of the territorial body.
3. Administrative statement of claim to challenge decisions, actions (inaction) of state authorities, other state bodies, local governments, organizations vested with certain state or other public powers, officials (except for bailiffs), state and municipal employees may also sue the court at the place of residence of the citizen who is the administrative plaintiff, and in cases provided for by this Code - at the location of the organization that is the administrative plaintiff.
In the context of generalizing the practice of judicial disputes with the JJO of the Ministry of Defense of the Russian Federation, it should be noted that the above norms of the CAS of the Russian Federation allow a military serviceman to file an administrative claim against the JJO not to the Moscow Garrison Military Court - at the location of the JJO, but to another military court - at the place of residence (which, as a rule, coincides with the place of service) of the serviceman.
2. Re-obtaining an apartment after divorce (dissolution of marriage)
Art. 53 Housing Code of the Russian Federation:
“Citizens who, with the intention of acquiring the right to be registered as those in need of residential premises, have committed actions as a result of which such citizens can be recognized as those in need of residential premises, are registered as those in need of residential premises no earlier than five years from the date committing the specified intentional actions .»
In the event of a divorce after receiving housing, officers often leave the apartment to the family.
Obviously, such actions are recognized as voluntary deterioration living conditions. However, taking into account the contents of the same article. 53 of the Housing Code of the Russian Federation, after 5 (five) years, the officer has the right to re-register as someone in need of improved housing conditions and again receive an apartment in accordance with the law “On the Status of Military Personnel”.
One can only assume that this opportunity to re-get an apartment is often used on the basis of artificially created prerequisites.
We believe that it is these reasons that determine the emergence of new wording in the housing association’s refusals to provide housing.
Here is the text of one of JO’s refusals:
“From the presented documents it follows that in connection with military service, full name from the Russian Ministry of Defense in 1998, residential premises were provided...
Subsequently, the decision --- urban the vessel was deregistered at the place of residence. Currently, the ex-wife - full name and daughter - full name live in the residential premises.
According to Articles 15 and 23 of the Federal Law “On the Status of Military Personnel” (hereinafter referred to as the Law), the exercise of the right to housing for military personnel who entered into a contract for military service before January 1, 1998 is carried out by providing housing for permanent residence during military service with the transfer of this housing upon transfer to the reserve into their ownership or with the condition of its delivery for subsequent provision of housing at the chosen place of residence.
By providing the category of military personnel defined in these norms of the Law with guarantees of providing housing for permanent residence (free of charge or under a social tenancy agreement), the Law imposes on the Ministry of Defense of the Russian Federation the obligation to provide them with such housing only once during the entire period of service, which in turn, implies the obligation of a serviceman to rent out the residential premises allocated to him at the place of military service. There are no exceptions to this rule provided by law.
Thus, the previously provided residential premises must be handed over to the Ministry of Defense of the Russian Federation.
Paragraph 27 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2014 No. 8 established that if a serviceman was previously provided with residential premises by the Russian Ministry of Defense and cannot hand over it in the prescribed manner, then he does not have the right to demand re-provision of residential premises in the manner prescribed Article 15 of the Law, even after the expiration of the period provided for in Article 53 of the Housing Code of the Russian Federation.
Due to the fact that the full name was previously provided with residential premises, which were not rented out in the prescribed manner and third parties currently live in it, there are no grounds for providing him with residential premises.»
We believe it is necessary to give a brief legal analysis the above arguments and formulations:
1) In our opinion, the JO’s judgment that the Law “On the Status of Military Personnel” imposes on the Ministry of Defense of the Russian Federation the obligation to provide military personnel with housing (in ownership or under a social tenancy agreement) only once during the entire period of service is erroneous.
Indeed, such a rule is mentioned in paragraph 14 of Art. 15 of the Law “On the Status of Military Personnel”:
“Providing housing for citizen military personnel with a total duration of military service of 10 years or more, upon dismissal from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staffing events, and members of their families when changing places residence is carried out by federal executive authorities and federal state bodies that provide for military service, at the expense of federal budget funds for the construction and acquisition of residential premises, including through the issuance of state housing certificates. The right to provide housing under these conditions is granted to these citizens once. Documents on the delivery of residential premises to the Ministry of Defense of the Russian Federation (another federal executive body or federal state body in which military service is provided for by federal law) and deregistration at the previous place of residence are presented by the indicated citizens and members of their families living together with them upon receipt residential premises at the chosen place of residence.”
Meanwhile, the above rule of law applies to citizen military personnel with a total duration of military service of 10 years or more, upon dismissal from military service upon reaching the age limit for military service, health reasons, or in connection with organizational and staffing events.
Thus, for active military personnel, clause 14. Art. 15 of the Law “On the Status of Military Personnel”, taking into account the criteria listed therein, does not apply.
2) The JJ's reference to paragraph 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of May 29, 2014 No. 8 seems controversial.
The said paragraph of the Plenum states: “If a serviceman has exercised his right to living quarters under a social tenancy agreement in the manner prescribed by the Federal Law “On the Status of Military Personnel” and cannot provide documents on his release, re-providing such a military man with living quarters under a social tenancy agreement carried out in general procedure in accordance with the norms of the Housing Code of the Russian Federation, taking into account previously received residential premises from the federal executive body, in which military service is provided for by federal law, and other circumstances worthy of attention"
According to paragraph 1 of Art. 15 of the Law “On the Status of Military Personnel” Military personnel - citizens who are provided with official residential premises for the entire period of military service and are recognized as in need of residential premises, upon reaching a total duration of military service of 20 years or more, and upon dismissal from military service upon reaching the maximum age of stay in military service, for health reasons or in connection with organizational and staffing measures with a total duration of military service of 10 years or more by a federal executive body or federal government agency, in which military service is provided for by federal law, housing subsidies or residential premises in federal ownership are provided, at the choice of these citizens, free of charge or under a social rental agreement
As follows from the above rule of law, the right to receive housing in accordance with the Law “On the Status of Military Personnel” arises for an active military personnel after 20 years of service.
Obviously, if an officer received an apartment under a social tenancy agreement before he served 20 years, then in this case he exercised his right to receive housing in accordance with Housing Code of the Russian Federation, and not in accordance with the Law “On the Status of Military Personnel”, since the duration of his service in the RF Armed Forces was less than 20 years.
Considering that paragraph 27 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2014 No. 8 deals specifically with the implementation of the right to residential premises in accordance with the Law “On the Status of Military Personnel”, then in the event that an officer previously received housing in accordance with the Housing Code of the Russian Federation, the named The clause of the Plenum is not applicable.
Head of Legal Practice
Sakharmentov A.R. 89167258493
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Present at the event as guests of honor were: Chairman of the Federation Council Committee on Defense and Security, member of the presidium of “OFFICERS OF RUSSIA” Viktor Ozerov, First Deputy Chairman of the State Duma Committee on Defense Andrey Krasov; Chairman of the Presidium of "OFFICERS OF RUSSIA", Chairman of the Commission of the Public Chamber of the Russian Federation on Security Anton Tsvetkov and others.
Deputy Minister of Defense of the Russian Federation Timur Ivanov and Head of the Housing Department of the Ministry of Defense of the Russian Federation Sergei Pirogov noted the significant contribution of the OFFICERS OF RUSSIA organization to solving the problem of providing permanent housing for military personnel and members of their families.
Speaking to the participants of the training camp, Anton Tsvetkov named high efficiency, maximum transparency and focus on military personnel and members of their families among the main positive aspects of the work of the Housing Services Department of the Russian Ministry of Defense and territorial housing agencies.
“Everyone remembers very well the difficulties and even tensions with which our interaction with the Ministry of Defense began to solve the housing problem several years ago. There were rallies and arrests on our initiative of about 2 thousand apartments from specialized fund departments, and putting the then director of the JO on the wanted list through the FSSP. With the arrival of Sergei Shoigu and a new leadership team in general to the Russian Ministry of Defense, the situation changed radically, and long-standing issues began to be resolved. Of course, not everything was smooth, but in close cooperation with the Commission of the Public Chamber of the Russian Federation on Security, the organization “OFFICERS OF RUSSIA”, the new leadership of the department systematically and purposefully moved towards resolving the issue,” emphasized the Chairman of the Presidium.
According to him, today there are also objective difficulties in providing military personnel with permanent housing. In particular, we are talking about the problem of bankruptcy construction company SU-155, which led to significant adjustments in the deadlines for the delivery and settlement of large microdistricts for the military in Moscow. “But at the same time, we see that the leadership of the Ministry of Defense and relevant departments is doing everything to speed up this protracted process, taking full responsibility and finding ways to solve the problem. I speak with confidence because we keep this issue under close and constant control. At the Public Chamber of Russia, we regularly hold meetings and workshops, including with the participation of those on the waiting list. It is very important to ensure direct dialogue, during which many questions are resolved,” Tsvetkov noted.
On the final solution to the problem of providing housing for the capital’s waiting lists in this year said Deputy Defense Minister Timur Ivanov. "Very important aspect is the provision of housing in Moscow. You know, this whole outdated problem with our unscrupulous performer SU-155. However, approaches have been found, a source of funding has been identified to complete construction, and this year we will put an end to this,” he said.
In total, according to the Ministry of Defense, since 2012, the queue for permanent housing has decreased almost threefold: from 82.4 thousand to 29.8 thousand military personnel, and a third of them have already received notifications about the provision of housing.
The need for apartments for permanent housing in more than 30 cities has been completely met: Tula, Kaluga, Orel, Vladimir, St. Petersburg, Rostov-on-Don, Mytishchi, Podolsk, Voronezh, Krasnodar, Novorossiysk and others. In total, since 2012, the Department of Housing of the Russian Ministry of Defense and its regional departments social obligations to provide housing for almost 350 thousand military personnel have been fulfilled.
The head of the department, Sergei Pirogov, said that last year 114 thousand military personnel were provided with housing, including 5.2 thousand military personnel who received apartments in kind, 6.3 thousand - housing subsidies, 29 thousand - service housing, 59 thousand - compensation for rental housing, and 14 thousand military personnel purchased apartments using the savings-mortgage system.
In general, more than 20 thousand people were included in the savings and mortgage system for the military last year - 120% of the plan. A participant in the savings-mortgage system can purchase home ownership using a housing loan within three years after joining the program.
Since the beginning of 2017 housing authorities The Russian Ministry of Defense has distributed more than 1.6 thousand apartments for military personnel in Moscow. “Military personnel have been offered 1,614 apartments in houses with completed construction, registered ownership and accepted for operation by management companies in a new microdistrict located in the Northern Administrative District of Moscow on Sinyavinskaya Street, building 11. Currently, work is underway to provide personalized notices to military personnel,” - Pirogov reported.
During the event, the most distinguished military personnel were awarded certificates and gifts from the Ministry of Defense, the Federation Council, the State Duma, and the Public Chamber of the Russian Federation.
Sometimes a military man or a retired person needs to contact an organization problem solving, provision housing. As a rule, the need for this arises when I do not receive an apartment on time, which is a violation of the terms of the contract for military service concluded between me and the Ministry of Defense of the Russian Federation. Failure by the command to provide housing for a serviceman, in turn, entails a violation of the right to dismissal from military service in connection with organizational and staffing measures.
At the request of many military personnel, we are posting here a sample request in Housing Department of the Ministry of Defense. There is no comment, since the presented document is very concise and easy to understand.
Head of the Housing Department of the Russian Defense Ministry
LIRSHAFT Olga Nikolaevna
119160, Moscow, Znamenka street 19
From: [title, full name]
V/sl v/part [part number]
[type of army]
Moscow region, [street, house, apt.]
Appeal
I am writing to you on the basis of Article 2 of Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation” (hereinafter referred to as Federal Law No. 59-FZ).
I, [rank, full name], a soldier of the military unit [unit number], am subject to dismissal from military service in connection with organizational and staffing measures (directive _______).
The total duration of military service is more than 10 years. Recognized as in need of improved housing conditions. Did not agree to be discharged from military service without housing. Included[a] in the waiting list of the military unit [unit number] entitled to priority receipt of residential space (minutes of the meeting of the housing commission ____ dated __________)
To this day, I have not been provided with housing, which is a violation of the terms of the contract for military service concluded between me and the Ministry of Defense of the Russian Federation. Failure by the command to provide me with housing, in turn, entails a violation of my right to dismissal from military service in connection with organizational and staffing measures.
In accordance with Art. 78 of the Charter internal service Armed Forces of the Russian Federation, the commander is obliged to show sensitivity and attentiveness to his subordinates, as well as take measures to resolve everyday issues and ensure legal and social protection military personnel, citizens discharged from military service and members of their families. The command of the military unit [unit number] is not taking measures aimed at providing me with housing and submitting me for dismissal from military service.
The absence at the disposal of the command of the military unit [unit number] of residential premises in [selected permanent place of residence, for example: the city of Moscow], which could be provided to me, cannot serve as a basis for refusing to satisfy my demands for housing, with subsequent submission for dismissal from military service, since the commission of these actions against me is guaranteed by law.
The inaction of the commander and the housing commission of the military unit [unit number], associated with the failure to take appropriate measures to provide me and my family members with housing at the chosen permanent place of residence, prevents dismissal from military service.
The command of the military unit explains these problems by the lack of the required number of allocated housing limits for permanent residence for the military unit [unit number].
On this moment The waiting list of the military unit [unit number] entitled to priority receipt of living space is ______ people. In 2009, ____ apartment[s] were allocated for these purposes. Since the beginning of 2010, ____ apartment[s] have been allocated.
I previously submitted information for entering into the Accounting system through the housing commission of the military unit [unit number]. The Department of Housing of the Ministry of Defense of the Russian Federation has submitted a database of the “Accounting” system of information about military personnel in need of residential premises as of July 1, 2010, updated based on the results of the inspection (clause 7 of the instructions of the Ministry of Defense of the Russian Federation dated June 4, 2010 205/ 2/373).
Because One of the reasons for these problems is the lack of information,
1. Please provide me with information on the distribution of living space limits for permanent residence allocated for the military unit [unit number] for 2010, as well as for each subsequent year until the year of provision of housing to me and my family members at the chosen permanent place of residence for permanent residence .
2. Please provide me with an extract from the distribution lists of residential premises for permanent residence on the planned date and place of provision (allocation) of housing to me and my family members at the chosen permanent place of residence for permanent residence.
3. Please provide me with an extract from the database of the “Accounting” system submitted to the Department of Housing of the Ministry of Defense of the Russian Federation, information clarified based on the results of the audit concerning me and my family members, to verify the correctness of the entered data.
4. Please deadlines(Article 12 Federal Law No. 59-FZ) consider my appeal and give a written response (Article 5 Federal Law No. 59-FZ) on the merits of the questions raised in the appeal to the specified postal address.
“____” _____________ 2010 [title] [full name]