The list of apartments located in a specialized fund is quite extensive. The most popular of them today are:

All of them are provided on different grounds and in different orders, however, they are united by the fact that allocated to citizens if they do not have any housing in a particular locality.

The specified residential premises are allocated to citizens on the basis of a contract concluded with them. rental agreements for specialized housing for a period expressly specified in the law or until certain circumstances no longer exist. In all cases, except for apartments for orphans and children left without care, housing tenants pay for living expenses.

Service apartment

These residential premises are provided not all orphans, but only to those who are not tenants of housing under a contract social hiring, and are not the owners of any housing.

Apartments are allocated for the use of such children upon reaching adulthood, as well as until adulthood - in case of acquiring full legal capacity before reaching 18 years of age. When carrying out such a procedure, some nuances may arise:

• Apartments for children left without parental care and orphans are transferred to them based on their written application, under a rental agreement for specialized residential premises concluded with them. Payment of expenses associated with the use of these residential premises by such children, in accordance with Art. 5 Federal Law No. 159 of December 21, 1996, is carried out from the budget of the corresponding constituent entity of the Russian Federation.
• Special fund apartments are provided to children at the end of your stay V educational institutions and social service institutions (boarding schools, shelters). This type of housing is allocated to children once for a five-year period. Under exceptional circumstances specified in paragraph. 2 clause 6 art. 8 Federal Law No. 159, the rental agreement can be concluded for a repeated five-year term.
• IN general cases, after a five-year period, the apartment transferred to the orphan or child left without care is excluded from the specialized fund and transferred to him on the terms of social rent. Such a person carries out further maintenance of housing independently.
• Persons from among orphans and children left without parental care (subjects aged 18 to 23 years, who were such at the time of majority), as well as persons over 23 years of age who, before reaching adulthood, also have the right to be provided with apartments from a special fund. of this age belong to the above categories.

Citizen C is an orphan due to the death of both her parents. Upon reaching 18 years of age and at the end of her stay at the boarding school, she submitted an application to the local administration in which she asked to be allocated an apartment for her as an orphan. Having considered S’s application, the administration drew attention to the fact that S is the only heir of her father, who left her after his death two-room apartment and which she duly registered in her name. Guided by Art. 8 Federal Law No. 159 of December 21, 1996, according to which orphans whose property rights do not have housing have the right to housing from a special fund, local administration refused to allocate an apartment to S.

Apartment for refugees and internally displaced persons

The right for refugees and temporary migrants to receive an apartment for temporary use is enshrined in clause 6 of Art. 8 Federal Law "About Refugees" dated February 19, 1993 No. 4528-1-FZ and paragraphs. 2 p. 1 art. 6 Federal Law "About forced migrants" dated December 20, 1995 No. 202-FZ, respectively. Such housing is allocated to people in need from the appropriate housing funds, which, in accordance with paragraphs. 5, pp. 6 clause 1 art. 92 of the Housing Code of the Russian Federation are included in the premises of the specialized housing stock.

Apartments from these funds are provided to refugees and internally displaced persons in order of priority, on the basis of a rental agreement with the owner of such housing, concluded for a period not exceeding the validity period of their status.

The procedure for providing apartments from the relevant funds has been determined Regulations on the housing fund for temporary settlement of persons recognized as refugees, approved by Government Decree No. 275 dated 04/09/2001, as well as Regulations on housing arrangements for temporary migrants in the Russian Federation(Government Decree No. 845 dated 08.11.2000) accordingly.

• Well-equipped residential apartments provided to internally displaced persons and refugees in cases, when they do not have the opportunity to independently determine their place of residence in the territory of the Russian Federation, and also when such a person and none of his family members have residential premises in the territory of the Russian Federation in ownership or under a rental agreement.
• The allocation of apartments for temporary settlement to refugees and temporary migrants is carried out on the basis decisions of the special commission for the distribution of housing created to register such persons, on the basis of the territorial body of the Ministry of Federation Affairs, national and migration policy, at the place where these persons are registered.
• To be allocated housing, refugees and displaced persons must submit to the commission application in the prescribed form. When registering them as persons in need of housing, family members are also taken into account applicants and their minor children.
• Payment for residential premises allocated to refugees and displaced persons, as well as utilities, carried out by such persons on one's own. Upon expiration of the lease agreement, these entities are obliged to vacate the apartments allocated to them within a month.

Apartments for temporary residence in a flexible stock

A separate category specialized premises for temporary residence of citizens, apartments of the maneuverable fund are made up (clause 3, clause 1, article 92 of the Housing Code of the Russian Federation). Housing from this fund is intended to provide it to citizens who, due to certain circumstances, lose the opportunity to use the only living space they have when it is temporary.

Flexible apartments are provided to citizens based on at least 6 sq. m. living space per family member (Clause 1, Article 106 of the RF Housing Code).

Payment for the provided specialized housing, the persons living in it carry out on one's own.

Apartments from flexible stock are provided to citizens on the basis of a rental agreement for specialized residential premises concluded with them in the cases provided for in Art. 95 LC RF, namely:

• when in the house where the only housing of a citizen is located, which he has on the basis of a social tenancy agreement, or its reconstruction. Despite the lack of indication that a similar right to provision of temporary housing is enjoyed by the owners of their only residential premises in houses where major repairs are being carried out. The employment contract with such persons is concluded for the period of work;
• When a citizen's only home has been foreclosed on on the basis that this housing was purchased with a mortgage, as a result of which the citizen was evicted from it. According to paragraphs. 2 p. 2 art. 106 of the Housing Code of the Russian Federation, the rental agreement is concluded for the period until the alienation of the mortgaged housing as part of the imposition of a penalty on it, and the corresponding settlements are carried out with such a citizen;
• when a citizen's only home became uninhabitable as a result of emergency circumstances. The rental agreement for apartments from the flexible fund is concluded for the period until the provision of new comfortable housing or until settlements are made with citizens for lost housing. According to Art. 89 of the Housing Code of the Russian Federation, provided by social. for rent, new housing must be equivalent in size to the housing that has become unsuitable;

The expiration of the rental contract for specialized housing is the basis for termination of such agreement, after which the citizen will need to leave the apartment from the maneuverable fund (clause 3 of article 106 of the Housing Code of the Russian Federation).

Conclusion

The presence of a specialized housing stock makes it possible to resolve many housing problems absolutely different categories our compatriots, especially in cases of lack of any housing and other difficult life situations.

Based on the social orientation of such housing, Special attention legislators need to pay attention to the mechanisms for its allocation, which are often filled with bureaucratic procedures. But even despite them, the presence of such a fund is a positive example for other industries social protection population.

Question

Payment for housing provided to internally displaced persons

I want to get temporary housing as a forced migrant from Ukraine. Tell me, who will pay the costs for it?

Answer

According to paragraph 47 Regulations on housing arrangements for temporary migrants in the Russian Federation, payment for residential premises and utilities is carried out by resettlers independently, according to tariffs established by the local government.

Page 2 of 5

2. The right of military personnel to receive residential premises in the social housing stock

Before January 1, 2005, the Federal Law “On the Status of Military Personnel” established that military personnel undergoing military service under a contract and family members living with them are provided with living quarters at the expense of the state or municipal government no later than three months from the date of arrival at the new duty station. housing funds assigned to the Ministry of Defense Russian Federation(other federal executive bodies in which federal law provided military service). These persons are provided with housing in state and municipal housing funds for social use under a social tenancy agreement.
From January 1, 2005, the Federal Law “On the Status of Military Personnel” stipulates that all specified categories of military personnel are provided with only official residential premises for the entire period of service, which after its completion are subject to mandatory release, or for a certain period - for the first five years of service for military personnel who entered into a contract for military service before January 1, 1998. Thus, the following conclusion can be drawn: the state is responsible for providing living quarters to military personnel undergoing military service under a contract, and members of their families, for temporary use only (service living quarters or dormitories, depending on membership in a particular category of military personnel). However, this conclusion applies to military personnel who began to need living quarters after January 1, 2005. The question arises about providing housing for persons registered as needing improvement living conditions before the specified date.
In connection with the changes introduced by the Federal Law of August 22, 2004 N　122-FZ, the adoption of the Housing Code of the Russian Federation and in accordance with the Federal Law "On the Entry into Force Housing Code Russian Federation" dated December 29, 2004, N　189-FZ (Introductory Law), all citizens registered before March 1, 2005 for the purpose of subsequent provision of residential premises under social tenancy agreements retain the right to be registered until they receive residential premises (Article 6). These persons are provided with residential premises in the manner prescribed by the Housing Code of the Russian Federation, which significantly limits the circle of persons entitled to priority provision of housing and excludes the possibility of receiving it on a priority basis, which we will discuss in more detail below.
Consequently, for military personnel registered as needing improved housing conditions before the entry into force of the RF Housing Code, it remains possible to provide residential premises from social use funds under a social rental agreement at the expense of the state housing stock assigned to the Ministry of Defense of the Russian Federation (other federal executive bodies authorities in which federal law provides for military service).
In accordance with the Housing Code of the Russian Federation (Article 49), and previously - the Law of the Russian Federation "On the Fundamentals of Federal Housing Policy" housing stock social use is allocated for socially vulnerable segments of the population (poor citizens, minor orphans, etc.), as well as for individual categories citizens who have a special (“special”) status due to the specifics of their purpose, for example, civil servants, military personnel (before January 1, 2005, in accordance with Article 100 of the Federal Law of August 22, 2004 N122-FZ) and other persons, specified in the Law.
The Civil Code of the Russian Federation, giving a general definition of the concept of a residential lease agreement, in Art. 672 identifies a social tenancy agreement as a type of rental agreement for residential premises in state and municipal housing funds. Social tenancy relations are regulated mainly by housing legislation and certain norms of civil legislation (Part 3 of Art. 672 of the Civil Code of the Russian Federation).
As a legal prerequisite for the exercise of the right to receive housing, the Housing Code of the Russian Federation indicates the amount of income per person. This prerequisite, as a mandatory one, cannot be applied to military personnel entitled to the provision of residential premises under a social tenancy agreement, since by virtue of Part 3 of Art. 40 of the Constitution of the Russian Federation, free housing is provided not only to the poor, but also to other citizens specified in the law. Such a law regarding military personnel is the Federal Law “On the Status of Military Personnel” (as amended in force before January 1, 2005).
The grounds for recognizing military personnel as needing free housing and the procedure for registering them are generally the same as for other citizens, but there are some specific features. Living quarters are provided to military personnel in need of living quarters (previously - improved living conditions). These include:
- those who have no living quarters at all, the so-called apartmentless, which is especially typical for military personnel who are forced to periodically change the place of military service during its completion. “Apartmentless” include persons who do not have living space under the terms of an indefinite social tenancy agreement (occupancy of which is carried out by order) in houses of the state and municipal housing stock, both at the place of service and in another locality. Having no living space for permanent residence There are also military personnel living in dormitories, hotels, and office premises (having the right to be provided with residential premises permanent use), on residential space rented on a sublease basis and on some other grounds;
- persons who have residential premises with an area less than the established standards or poorly equipped residential premises.
Registration of military personnel in need of living quarters. Military personnel performing military service under a contract are provided with living space at the expense of the federal state housing fund, which is assigned to the Ministry of Defense of the Russian Federation (otherwise federal body executive power, in which federal law provides for military service), as well as the housing stock, which is formed from housing construction of the relevant federal executive body or from housing purchased by it, as well as from refurbishment non-residential premises, under their jurisdiction (previously it was called departmental).
Registration of military personnel in need of improved housing conditions is usually carried out at their place of service. In the same time current legislation Military personnel are not prohibited from registering as those in need of residential premises (improving living conditions) and at their place of residence, provided they meet the requirements for ordinary citizens.
From January 1, 2005, military personnel in need of residential premises under a social tenancy agreement are not guaranteed the provision of housing for three months, unlike before this date it followed from paragraph 1 of Art. 15 of the Federal Law "On the Status of Military Personnel", which guaranteed the provision of residential premises to military personnel on a preferential basis, i.e. within three months, only at the expense of the state and municipal housing stock assigned to the Ministry of Defense of the Russian Federation (another federal executive body in which military service is provided for by federal law).
Issues related to the provision of military personnel with living quarters from the state housing stock assigned to the Ministry of Defense of the Russian Federation are resolved at the place of their military service in accordance with housing legislation and the Instructions approved by order of the Minister of Defense of the Russian Federation dated February 15, 2000 N　80, which can be applied only to the extent that does not contradict the new housing legislation.
To register those in need of improved housing conditions, military personnel submit a report to the housing commission of the military unit (unit). Attached to the report is a certificate confirming the delivery of residential premises at the previous place of service or residence to housing maintenance authorities (KECH, OMIS, etc.). Military personnel who have not rented out residential premises at their previous place of residence, in addition, provide copies of their financial personal account and house register ( apartment card).
In addition, if necessary, attached:
- documents confirming the right to use benefits when registering and providing living space;
- certificate from the district bureau technical inventory(provided by employees living in a residential building or apartment owned by them);
- other documents related to the solution of the housing issue.
Military personnel are included in the waiting lists for receiving residential premises (improving living conditions) on the basis of decisions of housing commissions, documented in a protocol and approved by the commanders of military units.
Housing commissions are created for the purpose of correct and economical distribution of living space. In the Armed Forces of the Russian Federation, they operate on the basis of the Model Regulations on Housing Commissions. Housing commissions are created in garrisons and military units. Management of the activities of housing commissions is carried out in garrisons by garrison commanders, in military units - by commanders of military units. The garrison housing commission is appointed by order of the chief of the garrison in the number of 5-11 people (depending on the number of military units in the garrison) consisting of: deputy chief of the garrison for logistics, assistant chief of the garrison for legal work, representatives of the staff of military units, housing maintenance and medical services garrison.
The garrison housing commission is responsible for:
- drawing up a plan for the distribution of living quarters between military units of the garrison;
- checking, together with the district economic control committee (at least once a year), in military units of the garrison, the state of accounting of residential premises assigned to the Ministry of Defense of the Russian Federation;
- performing the functions of a housing commission for military units that do not have housing commissions;
- organizing the reception of visitors on housing issues by the head of the garrison, considering letters, applications and complaints on housing issues and preparing draft decisions on them;
- submission to the head of the garrison for approval of proposals for the use of the assigned housing stock of the garrison and minutes of meetings of housing commissions;
- timely and correct distribution of vacated residential premises.
The housing commission of a military unit is appointed by order of the commander of the military unit, consisting of 5-7 people, consisting of: the deputy commander of the military unit for logistics, the assistant commander of the military unit for legal work, representatives of the units of the military unit, and medical service authorities. The housing commission of the military unit is entrusted with:
- registration of military personnel in need of residential premises (improved living conditions);
- maintaining lists of military personnel in need of living quarters (improving living conditions);
- consideration, at the direction of the commander of the military unit, of reports on the registration of military personnel in need of improved housing conditions, verification of the attached documents listed in paragraph 　28 of the Instruction on the procedure for providing living quarters in the Armed Forces of the Russian Federation, and preparation of decisions on them;
- timely introduction of changes to the registration card of residential premises provided to the military personnel;
- preparation and submission for approval to the commander of the military unit of proposals for the distribution among military personnel in need of residential premises (improving living conditions) allocated to the military unit of residential premises;
- organizing the reception by the commander of a military unit of visitors on housing issues, considering letters, applications and complaints on housing issues and preparing proposals on them;
- control over the timely vacation of residential premises by military personnel of a military unit, etc.
Meetings of housing commissions are held as necessary, but at least once a quarter. At least two thirds of its members, as well as military personnel, must be present at meetings of the housing commission. housing issues which are considered during the meeting. Decisions of the housing commission are made by a simple majority of votes. Decisions made by the housing commission on issues entrusted to it are documented in a protocol kept by one of the commission members.
Registration of military personnel of the Armed Forces of the Russian Federation in need of residential premises (improved living conditions) is carried out by the housing commissions of military units and housing maintenance authorities (KECH of the district or garrison, naval engineering service of the naval base) according to the waiting lists for receiving residential premises (improving living conditions) by in the prescribed form(Appendix N　4 to the Instructions approved by order of the Minister of Defense of the Russian Federation in 2000　N　80) with the simultaneous establishment of a card for the serviceman registering the residential premises provided to the serviceman, and entering the information contained in it into automated system accounting for military personnel in need of residential premises (improved living conditions).
The registration card for residential premises provided to a military personnel is issued in two copies:
- military educational institutions - for military graduates appointed to military positions after graduating from a military educational institution and receiving an officer military rank in this regard;
- military units - for military personnel who have entered into a contract for military service.
Upon arrival at a new place of military service, military personnel submit a registration card for the residential premises provided to the serviceman to the housing commission of the military unit to enter the necessary data and transfer it for maintenance and storage to the housing maintenance authority. When a serviceman departs for a new place of military service, a card for recording the residential premises provided to the serviceman is issued to him against signature. The second copy of the registration card for residential premises provided to the serviceman is filed in the serviceman’s personal file.
Deregistration of these citizens is carried out on the grounds provided for in paragraphs. 1, 3-6 hours　1 tbsp. 56 Housing Code of the Russian Federation. Such grounds are:
- submission of an application for deregistration at the place of registration;
- their departure to their place of residence in another municipal entity, with the exception of cases of change of residence within the federal cities of Moscow and St. Petersburg;
- receipt by them, in the prescribed manner, from a state authority or local government authority of budgetary funds for the purchase or construction of residential premises;
- provision to them in the prescribed manner from a state authority or local government body land plot for the construction of a residential building;
- identification in the documents submitted by them to the body carrying out registration, information that does not correspond to reality and served as the basis for registration, as well as unlawful actions officials body carrying out registration, when deciding on registration.
Deregistration will also be carried out in the event of loss of the grounds that, before the entry into force of the RF Housing Code, gave the indicated persons the right to receive residential premises under social tenancy agreements and were established by Art. 29 Residential Complex of the RSFSR.
Military personnel are also deregistered in the event of departure to a new place of military service, with the exception of military personnel who left for military service in the territories of the states of Transcaucasia and the Republic of Tajikistan.
At the same time, military personnel of the Armed Forces of the Russian Federation who are registered as needing to receive living quarters (improved living conditions), sent in the prescribed manner to a new place of military service from one military unit to another stationed in the same garrison, are subject to inclusion in the lists waiting lists for receiving residential premises (improving living conditions) from the time they were registered and included in the specified lists at the previous place of military service in this garrison (clause 　28 of the Instruction, approved by order of the Minister of Defense of the Russian Federation dated February 15, 2000　N　80) .
The procedure for the distribution of residential premises. The procedure for the distribution of residential premises in the Ministry of Defense of the Russian Federation is established by the Instruction 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 belonging to the departmental housing stock (coming from housing construction of the Ministry of Defense of the Russian Federation, acquired by the Ministry of Defense of the Russian Federation, coming from the conversion of non-residential premises) are distributed among the military units for which housing construction or purchase was carried out, in proportion to the number of military personnel in need of obtaining residential premises (improving living conditions).
In garrisons where military units of various subordination are stationed, to provide military personnel of military units for general garrison purposes (military commissariats, linear military communications bodies, military departments at state educational institutions vocational education, prosecutor's offices, KECH districts, military commandant's offices and other military units) for which housing construction is not being carried out, up to 20 percent is allocated total area housing coming from the own housing construction of branches of the Armed Forces, branches of the armed forces, main and central departments of the Ministry of Defense of the Russian Federation, with subsequent compensation of expenses incurred by them from funds allocated to military units of district subordination (clause 　34 of the above-mentioned Instructions).
Residential premises vacated when military personnel leave are distributed among military personnel of the military units in which they served. In cases where there are no military personnel in military units in need of living quarters (improved living conditions), living quarters are distributed among military units stationed in the garrison in proportion to the number of military personnel in need of living quarters (improved living conditions).
The plan for the distribution of living space between military units is drawn up by the garrison housing commission, agreed with the head of the housing maintenance authority and approved by the head of the garrison. Thus, the head of the garrison does not have the right to unilaterally distribute apartments between military units.
In garrisons in which military units of different subordination are stationed, a plan for the distribution of residential premises among the military units of the garrison for which housing construction (purchase) was carried out is drawn up for the residential premises built by the Ministry of Defense of the Russian Federation, acquired by the Ministry of Defense. The plan is drawn up by the garrison housing commission, signed by the head of the district KECH, the head of the garrison, the head of the housing and operational department of the military district (marine engineering service of the fleet) and is submitted for approval to the corresponding commander-in-chief of the branches of the Armed Forces of the Russian Federation, the commander of the troops of the military districts (fleets), branches of the military, heads of the main and central departments of the Ministry of Defense of the Russian Federation, for which housing construction (purchase) was carried out.
In the Moscow garrison, a plan for the distribution of residential premises between military units is drawn up by the Main Housing and Operations Directorate of the Ministry of Defense of the Russian Federation and approved by the Minister of Defense of the Russian Federation.
The distribution of residential premises entering a military unit among military personnel is carried out by the housing commission of the military unit in order of priority, based on the time they were registered and included in the lists of those in need of receiving residential premises (improving living conditions).
The distribution of residential premises entering a military unit among military personnel is drawn up with a list of distribution of residential premises for the military unit in the established form (Appendix N　7 to the above Instructions), which is signed by the commander and the chairman of the housing commission of the military unit, agreed with the head of the housing maintenance authority and with the necessary documents are submitted for approval to the head of the garrison.
In cases of disagreement between the commander and the housing commission of a military unit on the issue of distribution of residential premises, the decision on the distribution of residential premises between the military personnel of the specified military unit is made by the head of the garrison on the proposal of the garrison housing commission.
Distribution of living quarters among military personnel in newly built residential buildings is drawn up by the garrison housing commission with a list of the distribution of residential premises in newly built residential buildings in the form in accordance with Appendix N　9 to the above-mentioned Instructions based on the lists of distribution of residential premises in the military unit. The list is signed by the chairman of the garrison housing commission, the head of the district housing commission, the head of the garrison, agreed with the head of the district housing commission (MIS of the fleet) and two months before the commissioning of the specified residential buildings is submitted for approval to the relevant commander-in-chief of the branches of the Armed Forces of the Russian Federation, the commander of the military districts ( fleets), branches of the military, heads of the main and central departments of the Ministry of Defense of the Russian Federation, for which housing construction (purchase) was carried out.
Approved lists of distribution of residential premises, which record the decision, are the basis for concluding social tenancy agreements and subsequent occupancy of residential premises.
Providing residential premises. Residential premises are provided only to persons registered as needing residential premises (improving living conditions), and only on a first-come, first-served basis. The only criterion in determining the priority is the time of registration (based on the date of the decision on registration).
In accordance with the Federal Law “On the Status of Military Personnel” (clause 1, Article 15), military personnel performing military service under a contract and who entered into a contract for military service before January 1, 1998 (with the exception of cadets of military educational institutions of vocational education), and Members of their families living with them are provided with service living quarters or dormitories for the first five years of military service. If they continue military service beyond the specified periods, they are provided with living quarters on a general basis (meaning the grounds provided for persons registered as needing living quarters before January 1, 2005). These military personnel retain the right to residential premises occupied by them before entering military service.
The norm of the above-mentioned Federal Law on the provision of official residential premises (dormitories) for the first five years of military service, not counting the time of study in military educational institutions of vocational education for all categories of military personnel without exception, undergoing military service under a contract, including for officers, was in effect from January 1, 1993 and was established by the Law of the Russian Federation “On the Status of Military Personnel”. Previously, a similar rule was in force for warrant officers (midshipmen) and long-term servicemen.
In cases where a serviceman in the first five years of military service had the right to official housing or a dormitory, was in line to receive them and was not provided with them, the right to be provided with housing that does not have official status arises from the moment of expiration of the first five years of military service. service (not counting training in a military educational institution of vocational education).
Family members of military personnel. The RF LC, just like the RSFSR LC earlier, does not contain a definition of the concept “family”. Some monographs indicate that a family is a group of persons related by kinship or property, living together in a given home and a common budget or unity of expenses for paying for an apartment. The circle of family members bound by rights and responsibilities is defined differently depending on the goals legal regulation V various industries rights - family, civil, housing, military, etc.
In the practice of military command and control bodies, military units and organizations, the question very often arises of what content is included in the concept of “family member” in relation to the housing rights of military personnel, citizens discharged from military service, and members of their families.
In accordance with clause 　5 of Art. 2 of the Federal Law “On the Status of Military Personnel”, family members of military personnel who are also subject to housing guarantees provided for by this Law include: spouse; minor children; children over 18 years of age who became disabled before they reached the age of 18; children under the age of 23 studying full-time in educational institutions; dependent persons of military personnel.
However, the housing benefits provided for by the Federal Law “On the Status of Military Personnel” apply to family members of military personnel and citizens discharged from military service specified therein, unless otherwise provided for by other federal laws and other regulations. legal acts Russian Federation.
The opposite is true in Russian legislation. The Housing Code of the Russian Federation includes family members of the tenant of residential premises under a social tenancy agreement: his children living with him, his spouse and the parents of this tenant. Other relatives, disabled dependents, and in exceptional cases other citizens, may be recognized as members of the employer’s family if they are installed by the employer as members of his family (Article 69 of the RF Housing Code).
To resolve the issue of recording dependents in the personal file, the serviceman submits a report on command with attached documents confirming the dependents’ incapacity to work (certificate of age or disability), and documents confirming that the main source of livelihood for the dependents is financial assistance from the serviceman (certificate about the size of the pension received, the presence of other children, the nature and amount of assistance they provide financial assistance parents). In relation to the wife's parents, in addition, a certificate of their place of residence is attached to the report. The wife's parents living separately from the serviceman are not included in column 21 of the service record of the serviceman's personal file as dependents, regardless of the serviceman's dependent status. Recording of information about dependents is carried out on the basis of an order for the combat unit.
The fact of being a dependent in the absence of supporting documents can be established in judicial procedure, if establishing this fact in a different manner is not possible. The issuance by the relevant authority (in particular, the housing maintenance organization) of a certificate stating that, according to available data, the person was not a dependent, also does not exclude the possibility of establishing in court the fact of being a dependent.
The procedure for settling living space. Unlike the previous procedure, when the occupancy of residential space was carried out only by warrant, at present, occupancy should be carried out only on the basis of a rental agreement for residential premises, concluded on the basis of an accepted authorized body decisions to provide a specific family with a specific living space.
Consequently, at present, the procedure for issuing warrants for residential premises in military camps or residential premises related to the departmental housing stock of the Ministry of Defense of the Russian Federation (other federal executive bodies), established by the resolution of the Council of Ministers of the USSR "On the procedure for providing residential premises in military camps and issuing warrants for these premises" dated May 6, 1983 N　405, as well as the Instruction on the procedure for providing residential premises in the Armed Forces of the Russian Federation.
At the same time, with the exception of issuing an order, the overall procedure for processing documents will remain the same. To prepare documents for occupancy of a residential area, the following documents are submitted to the housing maintenance authority:
- approved list of distribution of residential premises by military unit;
- extracts from the minutes of the meeting of the housing commission of the military unit (garrison);
- certificates about the rental of residential premises in the district KECH. The certificate of delivery of residential premises indicates information about the actions taken with the certificate of delivery of residential premises at the previous place of military service. If a serviceman lived in official residential premises or had reserved residential premises, a certificate confirming the rental of official or reserved residential premises was submitted to him;
- passports (birth certificates) of family members to be included in the order, as well as a written obligation of adult family members to vacate the previously occupied living space after receiving residential premises;
- copies of the housing contract (for military personnel provided with service living quarters);
- copies of financial personal accounts and extracts from house books (apartment cards) (for military personnel and members of their families registered at the place of residence), extracts from the military personnel’s personal file on family composition, certificates (conclusions) from healthcare institutions, sanitary and epidemiological stations, technical inventory bureaus verification of living conditions (for military personnel and members of their families registered at the place of residence), certificates confirming the place of military service of military personnel, and other documents related to the solution of this issue.
When preparing documents for residential premises, the heads of the district KECh request confirmation of the fact of delivery of the residential premises from the district KECH that issued the certificate of housing delivery at the previous place of military service (residence) of the serviceman. Responses to requests are sent within three days after receipt of the request.
To prepare documents for the occupancy of residential premises allocated to the central bodies of military command, military units of central subordination and military educational institutions stationed in the Moscow garrison, the above documents are submitted to the Main Apartment Operations Directorate of the Ministry of Defense of the Russian Federation.
Moving citizens who are not related to the Ministry of Defense of the Russian Federation into residential premises of houses located in closed military camps as permanent residents with the tenant is not allowed.
The entry into residential premises of citizens living in houses located in closed military camps may be permitted by the head of the garrison on the proposal of the head of the district (garrison) KECH to disabled citizens of the Russian Federation who are dependent on the employer. When moving in minor children, such permission is not required. Move-in is permitted subject to compliance with the requirements of the law on the norm for the provision of living space per person (Article 50 of the Housing Code of the Russian Federation, previously according to Article 38 of the Housing Code of the RSFSR - 12 square meters), except in the case of the move-in of minor children.
Military units, as a rule, are located in military camps. The entire barracks and housing stock of the Ministry of Defense of the Russian Federation is taken into account by the housing and maintenance service authorities. Residential premises in houses of the state and municipal housing stock, assigned to the Ministry of Defense of the Russian Federation, are assigned to those military units of the garrison in which the military personnel living in them are serving. This previously established procedure, apparently, will be revised in connection with the entry into force of the RF Housing Code.
Residential premises assigned to the Ministry of Defense of the Russian Federation, vacated due to the departure of employees of federal executive bodies, which provide for military service, are provided to military personnel undergoing military service under a contract in the Armed Forces of the Russian Federation, with the exception of residential premises received by these bodies through participation in Department of Defense housing construction or as a result of purchase.
An exception is also made in cases when the living space occupied by judges of the Russian Federation in houses of state and municipal housing funds, when vacated, is given to other judges or court staff in need of improved living conditions, as well as when occupied by prosecutors and investigators in houses of state and municipal housing funds Upon their release, residential premises are provided to other prosecutors and investigators who need improved living conditions (clause 　6, Article 44 of the Federal Law “On the Prosecutor’s Office of the Russian Federation”).
In practice, cases arise when other tenants of this apartment, who are not military personnel, claim an isolated living space in an apartment where several tenants live, vacated after a serviceman leaves. The courts are faced with a dilemma: to resolve these cases in accordance with Art. 46 of the Housing Code of the RSFSR (currently Art. 59 of the Housing Code of the Russian Federation) and Art. 16 of the Law of the Russian Federation "On the Fundamentals of Federal Housing Policy" dated December 24, 1992, which establishes that vacated residential premises in communal apartments, where several tenants live, should be provided to citizens living in this apartment who need improved housing conditions, and in the absence of such, to citizens who have living space less than the established norm for one person (the right to additional living space is taken into account), or act in accordance with Federal Law "On the Status of Military Personnel". Taking into account the fact that the specified Law provides for a special provision for military personnel, living quarters must be provided to military personnel. A condition for the correct resolution of the case is also the establishment of the fact that residential premises are assigned for use to the Ministry of Defense of the Russian Federation, other federal bodies in whose troops military personnel perform military service, which confirms their belonging to the housing stock of the Russian Federation.
Provisions of paragraph　5 of Art. 15 of the Federal Law “On the Status of Military Personnel” were reviewed twice by the Constitutional Court of the Russian Federation, which noted the following.
By imposing on local government bodies the obligation to provide vacated residential premises previously occupied by military personnel and members of their families living with them, to other military personnel and members of their families, the contested provisions of paragraph 　5 of Art. 15 of the Federal Law “On the Status of Military Personnel” - in order to ensure a balance of such constitutionally protected values ​​as the independence of local self-government and the protection of the rights of military personnel - do not exclude the participation of local government bodies in the distribution of such residential premises, which is intended to guarantee the rights municipality as a homeowner; At the same time, the independence of local government in the disposal of municipal property is not violated. However, despite the fact that the maintenance and use of the municipal housing stock by virtue of the law is a matter of local importance, the issues of providing housing for military personnel and members of their families as citizens living in the territory of the relevant municipality are of not only local but also national importance, and therefore must be decided jointly government agencies and local governments. Resolving the issue of the forms of participation of local governments in providing housing for military personnel is the prerogative of the legislator (definition Constitutional Court Russian Federation dated December 25, 2003 N　453-O).
Military service, within the meaning of Art. 59 and art. 71 (clause “t”) of the Constitution of the Russian Federation, is a special type of federal civil service, which also determines the special legal status military personnel, expressed, in particular, in the order of their housing provision, which is carried out on the basis of special legislation and according to special rules. Federal Law "On the Status of Military Personnel", establishing the basis public policy in the field of legal and social protection of military personnel, provides a number of state guarantees and compensations for military personnel in need of improved housing conditions. Thus, the state assumed the corresponding public legal obligations in relation to this category of citizens.
Introduction by legislator special conditions the provision of residential premises to military personnel does not in itself prevent the exercise of the right to housing (Article 40 of the Constitution of the Russian Federation) and does not exclude the possibility of its exercise by other categories of citizens, in particular civilian personnel of the Armed Forces of the Russian Federation, in general procedure provided for by housing legislation (determination of the Constitutional Court of the Russian Federation of April 22, 2004 N　170-O).

Order
providing residential premises for specialized housing stock for military personnel and government employees state protection

1. This Procedure regulates the inclusion of military personnel of state security agencies performing military service under a contract (hereinafter referred to as military personnel) and employees of state security agencies (hereinafter referred to as employees) in the list of persons subject to provision of official residential premises (hereinafter referred to as the list ) (Appendix No. 1 to this Procedure), as well as the provision to them of office residential premises, residential premises in a dormitory or residential premises of a flexible housing stock (hereinafter referred to as residential premises of a specialized housing stock, unless otherwise specified).

2. Military personnel undergoing military service in units of the FSO of Russia located in the city of Moscow and the Moscow region (with the exception of military personnel serving in units of the FSO of Russia located on the territories of closed military camps of the FSO of Russia) are included in the list (excluded from the list) UZhO SITO FSO of Russia based on decisions of the Central Housing Commission Federal service protection of the Russian Federation (hereinafter referred to as the TsZhK FSO of Russia).

Military personnel undergoing military service in units of the FSO of Russia located in other constituent entities of the Russian Federation, at the Academy of the FSO of Russia, as well as military personnel (workers) undergoing military service (working) in units of the FSO of Russia located in the territories of closed military camps of the FSO of Russia are included included in the list (excluded from the list) by the housing commissions of these divisions (the Academy of the Federal Security Service of Russia) (hereinafter referred to as the housing commissions of the divisions) based on their decisions.

3. The inclusion of a military serviceman (employee) in the list is carried out based on the results of consideration by the Central Housing Committee of the Federal Security Service of Russia or the housing commission of the unit of the report (application) on the provision of official residential premises and the documents attached to it.

4. If a military serviceman (employee) has not submitted the documents necessary for making a decision, which are issued by divisions of the FSO of Russia (Academy of the FSO of Russia), government bodies, local government bodies and organizations subordinate to them, then these documents (the information contained in them) are requested UZHO SITO FSO of Russia or the housing commission of the unit. About the request necessary documents(the information contained therein) the military personnel (employee) is notified in writing within three working days. In case of refusal to submit documents (the information contained in them) at the request of the SITO FSO of Russia or the housing commission of the unit or the impossibility of receiving them by the SITO FSO of Russia or the housing commission of the unit, the serviceman (employee) is notified in writing of the need to submit the documents independently (with justification for the need and indicating the reason for the impossibility of obtaining documents (information contained in them).

If necessary, in order to make a decision, the UZhO SITO FSO of Russia or the housing commission of the unit additionally requests in writing (with justification of the reasons) documents at the disposal of the serviceman (employee).

5. A military serviceman (employee) who is the owner of residential premises (tenant of residential premises under a social tenancy agreement) or a family member of the owner of residential premises (tenant of residential premises under a social tenancy agreement), located in the locality at the place of military service (work) or in in nearby settlements (with the exception of those undergoing military service (working) in units of the FSO of Russia located in the territories of closed military camps of the FSO of Russia) regardless of the total area of ​​​​living space per resident, is not subject to inclusion in the list.

6. A military serviceman (employee) living in official residential premises, in which for each resident the total area of ​​the residential premises is less than the provision norm established by Article 15.1. Federal Law of May 27, 1998 N 76-FZ "On the status of military personnel" (hereinafter referred to as the norm of provision, unless otherwise specified), is subject to inclusion in the list on the basis of a report (application) on the replacement of the occupied official residential premises with official residential premises in in accordance with the norm of provision submitted to the UZHO SITO FSO of Russia (secretariat of a division of the FSO of Russia (Academy of the FSO of Russia).

Based on the results of consideration of the report (application), the Central Housing Committee of the FSO of Russia (unit housing commission) makes a decision to include or refuse to include the serviceman (employee) on the list.

7. The inclusion of a military serviceman (employee) in the list is carried out from the date of registration of his report (application) in the UZhO SITO FSO of Russia (secretariat of the unit of the FSO of Russia (Academy of the FSO of Russia). The lists are maintained by the UZHO SITO FSO of Russia (housing commissions of divisions) in accordance with the decisions adopted by the Central Housing Committee of the Federal Security Service of Russia (housing commissions of divisions).

8. An extract from the minutes of the meeting of the Central Housing Committee of the FSO of Russia (housing commission of the unit) on inclusion (on refusal to include) in the list is issued or sent by the Housing Institution of the SITO of the FSO of Russia or the housing commission of the unit to the military personnel (employee) within three working days from the date of the decision.

9. A military serviceman (employee) is excluded from the list if the following circumstances arise:

providing him with official residential premises not less than the norm for provision, as well as residential premises in his own ownership free of charge or under a social tenancy agreement;

dismissal from military service (termination of employment);

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

submitting a report (application) about exclusion from the list;

identification in the documents that served as the basis for inclusion in the list of information that does not correspond to reality;

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

Exclusion from the list is carried out by decision of the Central Housing Committee of the Federal Security Service of Russia (unit housing commission).

10. The provision of office residential premises or residential premises of a maneuverable fund is carried out no less than the norm for provision, taking into account the provisions of Part 1 of Article 58 of the Housing Code of the Russian Federation, and residential premises in a dormitory - no less than the norm for the provision of residential area established by Part 1 of Article 105 of the Housing Code of the Russian Federation Federation.

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

11. If it is not possible to provide a military serviceman (employee) with official residential premises, he is provided with official residential premises suitable for temporary residence, residential premises of a maneuverable fund or residential premises in a dormitory. In this case, the military personnel (employee) is not excluded from the list until the circumstances specified in paragraph 9 of this Procedure arise.

12. The decision on the provision of service living quarters (living quarters in a dormitory or a flexible fund) is made by the Central Housing Committee of the Federal Security Service of Russia (unit housing commission). Before making this decision, the housing department of the SITO FSO of Russia (unit housing commission) verifies that the serviceman (employee) does not have circumstances that would require exclusion from the list specified in paragraph 9 of this Procedure.

13. Based on decision taken on the provision of residential premises of a specialized housing stock with a military personnel (employee), a rental agreement for service residential premises, a rental agreement for residential premises in a dormitory or a rental agreement for residential premises of a maneuverable fund is concluded.

14. Employees of units of the FSO of Russia located in the territories of closed military camps of the FSO of Russia are provided with residential premises of a specialized housing stock for the period of their employment relationship.

15. The organization of work on concluding contracts, moving in and vacating residential premises of a specialized housing stock is entrusted to the divisions of the FSO of Russia and the Academy of the FSO of Russia, which are the balance holders of these premises, and in relation to residential premises provided by decisions of the Central Housing Committee of the FSO of Russia - to the UZhO SITO FSO of Russia .

_____________________________

* Collection of Legislation of the Russian Federation, 1998, No. 22, Art. 2331; 2013, N 48, art. 6165.

** Collection of Legislation of the Russian Federation, 2005, No. 1 (Part I) Art. 14; 2013 N 27 Art. 3477.

The number of military personnel in the Russian Federation, according to various sources, varies from 800 thousand to more than 1 million people. Therefore, housing provision for military personnel of the RF Armed Forces is one of the main areas that the Ministry of Defense of the Russian Federation is working on. There is a list of reasons and procedures that lead to the receipt of official housing, or an equivalent amount of money.

Who is provided with housing at the expense of the state?

There is a certain number of persons who can 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 of employees entitled to housing:

1. Military personnel who entered into a contract before 01/01/1998.
2. Military family members living together.
3. Families of those killed during military service.

Not all those separated from service can qualify for property or benefits. Upon dismissal from service, housing is provided only in three cases:

1. When retirement occurs with a total military experience of at least 20 years.
2. Upon reaching the age limit after which it is impossible to continue serving, the minimum length of service is 10 years.
3. Upon dismissal due to organizational and staffing events, at least 10 years of experience is also required.
4. Families of those discharged from military service who died after discharge, but were on the real estate register.

If all the requirements are met, then there are several options, one of which the future owners choose. This is a one-time housing subsidy, residential office premises held on public account or military mortgage.

Office premises

Each method of providing housing has its own characteristics. Thus, real estate is issued for the duration of service and privatization of official housing by military personnel is impossible. Service housing is issued to a military personnel no later than 3 months from the date of admission to a new duty station. The premises are available in the nearest town. If there is no vacant federally owned real estate located in a given locality, then there are two solutions to the problem:

1. Premises in a more distant city.
2. Monthly reimbursement rent, for independent renting of housing.

Specialized housing stock - premises in federal ownership and allocated for intended use certain types of citizens.

It includes:

1. Service residential premises issued to people conducting specialized labor activity. This type of housing can only be provided in isolated apartments. Apartment house It may either be entirely on the federal balance sheet or partially. Used for permanent residence of military personnel and members of their families, until the time of acquisition of personal property of residential real estate. Moving into apartments partially occupied by other users is illegal.
2. Living rooms in dormitories are used to house military personnel. These include specially erected or redesigned buildings, or parts thereof, fully equipped with everything necessary for life.
3. Residential premises of a flexible stock are issued to persons for short-term stays. Given under the condition that people lived under a social loan agreement, when houses are exposed major renovation, or if you lose the opportunity to live in your own home.

Documents submitted to obtain official real estate

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

Required documents:

• statement of need for housing;
• copies of identification cards of the military man and his family members, passports and birth certificates;
• a copy of the marriage certificate or divorce certificate;
• lack of own housing;
• certificate of family composition;
• document confirming military service;
• conclusion on the rental of official housing to military personnel at the previous place.

Providing documents and copies is possible both in person and by mail with an inventory of everything in the parcel. It is better, of course, to apply in person, as this reduces the response time of the authorities. The decision to issue a queue for the issuance of office premises is made within 10 days, excluding weekends and holidays.

When deciding whether to register in the housing queue, the date of submission of documents is taken into account. If several military personnel apply at the same time, then priority is given to those with a longer service life.

Standards for office housing

The difficulty of providing military personnel and their families with housing is that there are certain norms of housing legislation that establish minimum acceptable living conditions for people. Thanks to such legislative acts, it is impossible to provide living quarters that do not meet human needs.

The calculation takes place taking into account the following factors:

• at least 6 sq. m. of living space in the dormitory (does not include a corridor, kitchen and bathroom);
• the total living area should be 18 square meters. m. for 1 person.

If premises are offered that do not comply with these standards, refusal of this living space does not lead to removal from the queue for housing.

Some citizens have the opportunity to obtain additional meters of living space, from 15 to 20 square meters. m.:

1. Upon receiving the rank of colonel or equal to it or upon receiving an honorary title of the Russian Federation.
2. When teaching military disciplines in higher educational institutions.
3. Researcher at the military department.
4. Commander of a military unit.

Reasons provoking the refusal of service housing by military personnel:

1. Inconsistency between the size of the provided space and the number of family members.
2. The building is in an emergency and requires major repairs.
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 for military personnel consequences:

• If the norms of housing law in the proposed apartment were violated, then the military man continues to be paid a monthly amount for sub-renting housing.
• If all the standards for official housing for a serviceman are met, but the defense attorney refuses housing, he will no longer be paid compensation for renting living space.

Any refusal must be supported by arguments. If he refuses, the definition of “needing housing” will not be removed from the military man, and he will receive a notification when the next available housing space becomes available. How do they refuse service housing for a military man? To do this, you need to come to the local authority involved in the distribution of living space and write an application to refuse this housing.

Savings and mortgage system

When reforming the possibility of obtaining housing for military personnel, the state decided to stimulate the desire to continue serving. Before the reforms, apartments that could be privatized were received only upon completion military career. Now, every year dedicated to the defense of the Fatherland, the state covers the mortgage payments of the military.

Any employee has the right to participate in the funded system, regardless of the number of family members or rank, and the presence of privately owned residential premises does not affect participation. For savings, a personal account is opened to which the target funds will be credited budget resources. To access them, you will need to wait 3 years after entering the data into the registry. During this time financial organizations selected by Rosvoenipoteka invest funds in personal account, increasing the total.

After 3 years, the funds are used to purchase housing, or continue to be reinvested. Due to the fact that the funds are targeted, it is impossible to use them for other purposes. And also, in case of dismissal “under article”, all payments will need to be returned to the federal budget, and debentures taken before financial institutions repay individually. Funds are considered personal upon reaching 20 years of service, or upon dismissal with 10 years of service.

Any person who has dedicated his life to defending the country has the right to receive housing, both official and personal. Therefore the state sends cash to carry out restructuring of the housing industry. The system for providing targeted material loans to the military is constantly changing and improving. Now a military man has the right to independently choose his place of residence and the apartment he purchases as his own.

Service housing is provided to military personnel for the duration of their military service under a contract and is of a temporary nature in accordance with the Federal Law “On the Status of Military Personnel.” Article 15 of the Federal Law “On the Status of Military Personnel” states: “Service living quarters are provided in settlements in which military units are located, and if it is not possible to provide living quarters in these settlements, in other nearby settlements.” Federal Law (dated May 27, 1998 No. 76-FZ) (as amended on December 30, 2012) “On the status of military personnel” // Collection. Legislation of Russia Federation -2012. - No. 22-st. 2331.

The Federal Law “On the Status of Military Personnel” is the only law that regulates the procedure for providing these persons with living quarters. When exercising the right of military personnel who are serving under a contract for official residential premises, one of the main problems is the formation, maintenance, and preservation of a specialized housing stock of official residential premises, at the expense of which military personnel should be provided with official residential premises.

Facilities federal budget Federal executive authorities of the relevant military units directly provide housing construction of residential premises, and are also responsible for the acquisition of residential premises intended for military personnel.

The specialized housing stock of service residential premises is formed based on the number of positions in a specific military unit. Despite this, during the formation of this fund Several problems may arise, namely:

Firstly, when during military service a serviceman can be relieved of his position and removed from the staff. Another soldier is appointed to his position. And, as a consequence, a situation arises when, on the one hand, a newly appointed serviceman must be provided with living quarters that were previously occupied by a serviceman who was subsequently released from his position. A serviceman who is stationed outside the state is obliged to vacate the residential premises he occupies; here the question of relocation directly arises. A serviceman who has just arrived can live in official residential premises, which are suitable for temporary residence, but for a period of no more than three months. Military personnel can remain behind the staff for up to six months, that is, if he must vacate the position he occupies service apartment In order to provide it to a newly appointed serviceman for this position, the military unit must rent residential premises for him for a period of not three months, but six.

Secondly, when residential premises are provided in accordance with the norms of provision. Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” // Collection. Legislation of Russia Federation - 2012. - No. 316 - Article 4. The same position can be held by military personnel with different amounts people in a family, during the time a serviceman occupies a certain position, the number of people in the family may decrease or increase, therefore, it is impossible to preliminarily determine the size of the provided living quarters for a given position. There are cases when a serviceman is provided with excess office living space, or lack of it. If it is determined that there is not enough living space, then the serviceman is registered to improve living conditions. Those in need of improved housing conditions are those citizens who have a provision of living space per family member below the accounting norm for provision. On average in the Russian Federation, the size of the accounting norm is from 6 to 8 square meters of living space per person. In some regions, the norm is provided based on the total area of ​​the region.

Thirdly, queuing is problematic, as is the procedure for providing secondary service housing after recognition of citizens who are in need of improved housing conditions.

Such queues have a very negative impact on citizens who occupy military positions and can drag on for many years. The queues that arise thereby slow down demographic situation in a country that is already not at the highest level.

The formation of a fund of specialized housing stock of office residential premises is carried out on the basis of positions at the expense of funds that are transferred for these purposes from the federal budget and extrabudgetary funds financing. Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” // Collection. Legislation of Russia Federation - 2012. - No. 316 - Article 4. This makes it possible to create a minimum stock of office residential premises. At the same time, it is necessary to do a huge amount of sociological work, which is aimed at finding out the average size of families that directly live with military personnel holding a certain position. When constructing houses, preference is given to houses with two- and three-room apartments.

In addition, it is proposed to form a stock of official housing at the expense of residential premises that are located in municipal and state housing funds by transferring residential premises to the category of official housing. Service residential premises must be provided in accordance with the rules of the Housing Code of the Russian Federation, and also meet all legal requirements. Providing military personnel with living quarters during the period when they carry out military service, problems are solved using the funds of these funds and makes it possible to improve living conditions due to an increase in family composition and comply with the standards for the provision of housing, as well as timely exclude vacated living quarters from the category of official residential premises. Decree of the Government of the Russian Federation (dated January 26, 2006 No. 42-FZ) “On approval of the Rules for classifying residential premises as a specialized housing stock and standard contracts hiring specialized residential premises" // Collection. Legislation -2006.-No. 6 - Article 697.

If military personnel are provided with housing that is less than the standard provision, then they are provided with a separate compensation in the amount equal to the amount for the missing square meters, and also secured the right to additional living space.

In the legal literature, a contradiction arises between housing standards, and in particular, when providing and recognizing those in need of improved housing conditions, which must be eliminated. With a lack of living space, the moral state of people sharply deteriorates, which manifests itself in the moral and psychological state of the citizen, entailing the impossibility of conscientiously performing official duties and also negatively affects the combat effectiveness of military units and, as a result, the security of the state.

A special feature of providing military personnel is that they can serve outside a populated area. Therefore, the residential premises provided do not always meet the requirements, which is due to economic condition of this locality. Military personnel are forced to live in places that are not always equipped for living. Consequently, the implementation of the rights of military personnel who perform military service under a contract is difficult due to the significant distance of border outposts from the utility and operational services of military units, which consist of border outposts. This affects the speed of decision-making and measures on the implementation of the rights of military personnel both in general and in service living quarters in particular. The possibility of renting residential premises for military personnel and hiring housing for military personnel is significantly limited due to the lack of populated areas and the remoteness of a military unit that has the status of legal entity, which can deal with rental issues. It seems that at least minimal features in the implementation of the right under study exist in each federal executive body, in which the legislation provides for military service, which require regulation by a special act of a certain federal executive body, directly taking into account the specifics of providing military personnel with living quarters, as well as during military service. Federal Law “On the Status of Military Personnel” // Collection. Legislation of Russia Federation -2012. - No. 22-st. 2331.

One of the main violations in the sphere of official housing provision for military personnel is the use of official housing stock not according to its requirements. direct purpose. This is due to the fact that in some military units they illegally dispose of official housing, although its volume is not so large. There are even cases when residential premises are provided to those persons who do not belong to military formations, thereby violating the principle of legality.

And there are also problems relating to the use and safety of official residential premises, when it is impossible to resettle from the occupied residential premises those citizens who have directly lost contact with the Armed Forces, as well as other troops and military formations and organizations. There are more than 60 thousand such families. Simply evict a serviceman who has lost contact with the Armed Forces, other troops, military formations and organizations occupying the space provided to him Staff only impossible. This violates the principle of urgency in providing military personnel with service living quarters. Decree of the Government of the Russian Federation (dated January 26, 2006 No. 42-FZ) “On approval of the Rules for classifying residential premises as a specialized housing stock and standard rental agreements for specialized residential premises” // Collection. Legislation -2006.-No. 6 - Article 697.

Previously, housing legislation determined that military personnel who are provided with service living quarters for the first five years of military service under a contract (without taking into account the time of study in military educational institutions of vocational education) retain the right to living quarters that were occupied by citizens before entering military service. The Federal Law “On the Status of Military Personnel” stipulates that service living quarters are provided to military personnel for the entire period of service, namely until the citizen retires, or until he receives living quarters from the federal body in which he is serving for a period of 20 years. If a serviceman served in military service for more than five years, but less than 20 years, then the former serviceman actually became a citizen without a specific place of residence, because At his previous place of residence, he had already lost the right to residential premises, but in military service he had not yet received it.

IN in this case it is necessary to assign to military personnel the right of ownership of residential premises at their place of residence for the entire period during which they are serving in military service. This has its advantages, for example, in the case of eviction of a serviceman from an occupied official residential premises, thereby observing the principle of urgency. Federal Law (dated May 27, 1998 No. 76-FZ) (as amended on December 30, 2012) “On the status of military personnel” // Collection. Legislation of Russia Federation -2012. - No. 22-st. 2331.

The mechanism for paying for utility services, as well as the corresponding recalculations, must be clearly defined, because in residential premises that are reserved for military personnel, no one may live during the period that the military personnel are on military service. It seems appropriate to provide for the possibility of selling housing at the previous place of residence to offset the newly provided housing, with the subsequent purchase of the missing part by the federal executive body in which the serviceman served. A citizen who has not yet acquired ownership of the service residential premises guaranteed to him has the right to independently purchase the missing part of the newly provided residential premises.

The procedure for providing official residential premises consists of different stages, which consist of certain actions. These actions resolve the following issues: Andreev I.A., Ayusheeva I.Z., Vasiliev A.S., Stepanov S.A. (ed.) Civil law. Volume 2 Textbook: in 3 volumes. T. 2. - M.: “Prospect”; "Institute of Private Law", 2011 - 439 p.

1) make decisions on registering citizens in need of improved housing conditions;

2) determine the priority and timing of the provision of office residential premises to citizens;

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

4) commit documenting the decision made.

Military personnel conclude housing contract with the federal executive body, in which federal law provides for military service. This agreement determines the procedure for the provision of official residential premises, as well as its content and many other aspects related to the directly concluded agreement.

The parties to the concluded housing agreement are the commander of the military unit, who is obliged to conclude this agreement directly with the serviceman himself, who has the right to conclude it. The housing agreement regulates the relations of the parties to exercise the right of military personnel to official residential premises. The agreement provides for a special procedure for providing service living quarters to military personnel, as well as members of their families. Thereby ensuring the principle of complete implementation of the right of military personnel to official residential premises.

So, the conclusion of a housing contract precedes the provision of specific service living quarters to a military personnel. The basis for moving into a specific official residential premises is the housing contract for the rental of official residential premises.