The practice of providing servicemen with office living quarters. The specialized housing stock is

Eviction of citizens from office premises or residential premises in hostels with the provision of other residential premises in the case provided for in Part 2 of Art. 102 LCD, carried out by the previous owner or legal entity transferring the corresponding living quarters.

citizens in connection with overhaul or reconstruction of the house in which the living quarters are located, occupied by them under social tenancy agreements;
citizens who have lost their living quarters as a result of foreclosure on these living quarters, which were acquired through a bank loan or other credit institution or funds of a targeted loan provided by a legal entity for the purchase of residential premises, and are pledged to secure the repayment of a loan or a targeted loan, if at the time of foreclosure such residential premises are the only ones for them;
citizens whose only living quarters have become uninhabitable as a result of extraordinary circumstances;
other citizens in cases stipulated by law (Art. 95 of the LC).

Topic 9

In accordance with the target classification of types of housing stock, established in Art. 19 LCD RF, specialized housing stock- this is a set of intended for living selected categories citizens and provided under the rules of section IV Housing Code RF residential premises in state and municipal housing stock ... Therefore, residential premises of a private housing stock, under no circumstances can be attributed to a specialized housing stock.

Article 92 of the RF LC established a list of types of objects of specialized housing stock (specialized residential premises). This list is formulated as exhaustive. The purpose of the residential premises indicated in the commented article is determined in Art. 93-98 ZhK RF.

Specialized housing stock: concept and types

Rooms / apartments are provided to employees for the period of their performance professional activity or to students during their studies. After the expiration of the terms established in the contract or agreement, citizens are subject to eviction. At the same time, they are not provided with other accommodation. The legislation provides for the allocation of areas to other categories of citizens. For these persons, there are special rules... In particular, the norms determine which categories cannot be evicted from the premises of a special housing fund without providing them with other areas. Among them:

In accordance with the agreement, one party - the owner of the living space or a subject authorized by him - undertakes to provide the other - the citizen - a room / apartment for use and possession for temporary stay for a fee. The lease agreement is drawn up on the basis of the relevant decision. The document defines the subject of the transaction, obligations and rights of the parties. The citizen to whom the premises is transferred cannot make an exchange and provide it for sublease. The agreement specifies the family members of the person to whom the apartment / room is allocated. The contract is drawn up in writing. Standard forms of the document are approved by the Government.

Rental contract for specialized premises

Housing rights of citizens living in office premises are limited in comparison with the rights of tenants of unofficial residential premises: they cannot exchange, lease or sub-lease the office premises they occupy. However, it should be noted that the legislation of the Russian Federation provides for the issue of transferring office premises to non-office ones in cases where citizens have worked for a certain period (usually at least 10 years) in the organizations that provided them with this premises.

The landlord under this type of agreement is the owner of a specialized living space. Such an owner is either the state or a constituent entity of the Russian Federation. or a municipality. The tenant of a specialized dwelling can only be a citizen who is not provided with dwellings in the corresponding settlement and belongs to the categories of citizens who are provided with a specific type of premises classified as dwellings of a specialized housing stock. For example, office premises are presented to citizens only in connection with the nature of their labor relations with a government body, local government body, state unitary enterprise, a state or municipal institution, in connection with the passage of service, in connection with the appointment to a public office of the Russian Federation or a public office of a constituent entity of the Russian Federation, or in connection with election to elective offices in public authorities or local governments.

Article 92 of the LC RF

Already in the process of creating these funds, as well as houses of the social service system, their special purpose... Thus, funds for the temporary settlement of internally displaced persons and persons recognized as refugees are created at the expense of the federal budget, are federal property and are under the operational management of the relevant territorial bodies of the migration service.

The purpose of these premises is intended, therefore the legislator has established the limits of its use. Article 92 provides that specialized housing cannot be alienated, leased, rented, with the exception of transfer under a lease agreement (see comments to Articles 104-108).

Specialized housing stock

Competence of public authorities and local self-government bodies in the field of housing relations - by the Decree of the President Russian Federation dated May 20, 2004 N 649 Issues of the structure of federal executive bodies formed Federal agency for construction and housing communal services which is run by ... ... Housing Encyclopedia

Housing fund is a collection of all residential premises located on the territory of Russia, regardless of the form of ownership, including residential buildings, specialized houses (hostels, hotels, shelters, houses of the mobile fund, residential premises from housing funds for ... ... Housing encyclopedia

Chapter 9 SPECIALIZED HOUSING FACILITIES

d) invalids of groups I or II, whose disability occurred as a result of work injury due to the fault of the employer, invalids of groups I or II, whose disability occurred as a result of occupational disease in connection with the performance of work duties, invalids from among the military who have become invalids of groups I or II due to injury, concussion or injury received in the performance of duties military service or due to an illness related to the performance of military duties.

Residential premises in the houses of the social services system are intended for the residence of a certain category of the population, which includes citizens in need of special social protection. A set of medical and social services should be provided in these residential premises.

Heading "Housing Fund"

Despite the fact that the new Housing Code of the Russian Federation does not give a clear legal definition of the term "specialized housing stock", the law assigns a whole section to this concept (19 LC RF) in order to somehow regulate life situations associated with such objects. In life, there is a specificity of people living in premises of this type, which means there is a need for a legally regulated procedure.

There are situations when, on the contrary, it is required to exclude a room from the SF (for example, a soldier remains to live in the city, and an apartment in the status of an SFR limits his possibilities). In such cases the actions are the same as when the premises are included in the SF, only the list of documents will be slightly different:

Housing law of Russia

Housing fund- this is the totality of all residential premises located on the territory of the Russian Federation (part 1 of article 19 of the RF LC). It includes all living quarters, regardless of the form of ownership, including residential buildings, apartments, office living quarters, hostels, hotels, houses of the maneuverable fund, living quarters from the housing stock for the temporary settlement of internally displaced persons and persons recognized as refugees, special houses for the elderly, nursing homes for the disabled, as well as other living quarters suitable for living.

By virtue of Art. 91.5 of the Housing Code of the Russian Federation the subject of the contract for the lease of residential premises of the housing stock social use there can be a dwelling in a rented house for social use, with the exception of rooms (part of an apartment), or a dwelling house that is a rented house for social use.

Article 92 of the LC RF

4. The maneuverable fund is formed by state authorities or local self-government bodies mainly for the temporary residence of citizens resettled in connection with the overhaul of a residential building, which cannot be done without resettling the citizens living in it. For the use of residential premises as premises for the maneuverable fund, separate houses must be provided. It would be wrong to place dwellings in which citizens who have been resettled temporarily live in connection with major repairs, in houses where the owners of dwellings and citizens live under social tenancy agreements.

Service living quarters must be comfortable in relation to the conditions of the given locality, meet the established sanitary and technical rules and regulations (see the commentary to Article 15 of the LC). At the same time, the legislation does not provide that office housing is provided within the limits of the provision of housing.

Service living quarters are provided to servicemen for the duration of their military service under a contract and is of an urgent nature in accordance with the Federal Law “On the Status of Servicemen”. Article 15 of the Federal Law "On the Status of Servicemen" reads: "Office living quarters are provided in settlements, in which military units are located, and in the absence of an opportunity to provide living quarters in the indicated 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" // Collected Works. Legislation Ros. Federation -2012. - No. 22-st. 2331.

The Federal Law "On the Status of Servicemen" is the only law that regulates the procedure for providing these persons with living quarters. When exercising the rights of servicemen who do military service under contract, one of the main problems for office living quarters is the problems of the formation, maintenance, and also the safety of the specialized housing stock of office living quarters, at the expense of which servicemen should be provided with office living quarters.

The funds of the federal budget of the federal executive bodies of the corresponding military units directly provide housing construction residential premises, and are also responsible for the acquisition of residential premises intended for military personnel.

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

Firstly, when, during military service, a soldier can be dismissed from his post and removed from the staff. Another soldier is appointed to his post. And, as a consequence, a situation arises when, on the one hand, a newly appointed serviceman must be provided with a living quarters that was previously occupied by a serviceman who was subsequently relieved of his post. A soldier who is outside the state is obliged to vacate the living quarters he occupies, here the question of resettlement directly arises. A serviceman who has just arrived can live in a service living quarters, which is suitable for temporary residence, but for a period not exceeding three months. For the staff, servicemen can stay for up to six months, that is, if he must vacate the service apartment he occupies in order to provide it to a newly appointed serviceman, the military unit must rent a living space for him for a period of not three months, but six.

Secondly, when living quarters are provided in accordance with the norms of provision. Law of the Russian Federation "On the privatization of the housing stock in the Russian Federation" // Sobr. Legislation Ros. Federation - 2012. - No. 316 - Art.4. The same position can be occupied by military personnel with a different number of people in the family, while the serviceman holds 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 this position. There are cases when a serviceman is provided with excessive office living space, or a shortage of it. If it is determined that the living space is not enough, then the soldier is registered for improvement housing conditions... As for those in need of improving their living conditions, citizens are recognized who have a provision of living space per family member below the accounting rate of provision. On average in the Russian Federation, the size of the accounting rate is from 6 to 8 square meters living space per person. In some regions, the rate is provided based on the total area of the region.

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

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

The formation of the fund of specialized housing stock of office 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 the housing stock in the Russian Federation" // Sobr. Legislation Ros. Federation - 2012. - No. 316 - Art.4. This allows a minimum stock of office accommodation to be created. At the same time, it is necessary to do a huge sociological work, which is aimed at finding out the average size of the composition of families who directly live together with military personnel holding a certain position. When building houses, preference is given to houses with two- and three-room apartments.

In addition, it is proposed to form a fund of official housing at the expense of residential premises that are located in the municipal, state housing stock by transferring residential premises to the category of official housing. Service living quarters must be provided in accordance with the rules of the Housing Code of the Russian Federation, as well as meet all the requirements of the law. Providing servicemen with living quarters during the period when they perform military service, problems are solved at the expense of these funds and allows improving living conditions due to an increase in the size of the family and observing the norms for providing housing, as well as timely excluding vacated living quarters from the category of office living quarters. Resolution of the Government of the Russian Federation (dated January 26, 2006 No. 42-FZ) "On approval of the Rules for classifying residential premises as specialized housing stock and model contracts hiring specialized living quarters "// Sobr. Legislation -2006.-№ 6 - art.697.

If the servicemen are provided with dwelling less than the provision rate, then a separate compensation equal to the size for the missing square meters is provided for him, and the right to additional living space is also secured.

In the legal literature, a contradiction arises between the norms of housing, and in particular, when providing and when recognizing those in need of improvement of housing conditions, which must be eliminated. With a lack of living space, the morale of people deteriorates sharply, which manifests itself in the moral and psychological state of the citizen, which entails the impossibility of conscientious performance of official duties and, as well as negatively affects the combat effectiveness of military formations and, as a result, on the security of the state.

The peculiarity of providing servicemen lies in the fact that they can serve outside the settlement. Therefore, the provided living quarters do not always meet the requirements, which is due to economic condition of this locality. Servicemen are forced to live in places that are not always equipped for living. Consequently, the implementation of the rights of servicemen who undergo military service under a contract is difficult due to the considerable remoteness of border outposts from the communal maintenance services of military units, which consist of border outposts. This affects the efficiency of decision-making and measures on the problems of exercising the rights of servicemen, both in general and in office living quarters in particular. The possibility of renting residential premises for military personnel and renting housing for military personnel is significantly limited due to the lack of settlements and the remoteness of the military unit, which has the status of a legal entity that can deal with rental issues. It seems that at least minimal features in the implementation of the law 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 that directly takes into account the specifics of providing servicemen with living quarters, as well as during the period of military service. Federal Law "On the Status of Servicemen" // Collected Works. Legislation Ros. Federation -2012. - No. 22-st. 2331.

One of the main violations in the field of service housing for military personnel is such as the use of service housing not according to its direct appointment... This is due to the fact that in some military units illegally dispose of service housing, although its volume is not so great. There are even cases when living quarters are provided to those persons who do not belong to military formations, thereby violating the principle of legality.

And there are also problems related to the use and safety of office 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. It is impossible to simply evict a serviceman who has lost contact with the Armed Forces, other troops, military formations and organizations, occupying the office space provided to him. This violates the principle of the urgency of providing servicemen with office 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 specialized housing stock and model contracts for the lease of specialized residential premises" // Sobr. Legislation -2006.-№ 6 - art.697.

Previously, housing legislation determined that for military personnel who are provided with official living quarters for the first five years of military service under a contract (excluding training time in the military educational institutions vocational education) retain the right to living quarters that were occupied by citizens before entering military service. The Federal Law “On the Status of Servicemen” stipulates that service living quarters are provided to servicemen for the entire period of service, namely until a citizen retires, or until the moment he receives a living quarters from the federal agency in which he is doing military service, for a period of 20 years. If a soldier has been doing military service for more than five years, but less than 20 years, then the former soldier has actually become a citizen of no fixed abode, since he had already lost the right to a dwelling at his former place of residence, but he had not yet received it in military service.

V this case it is necessary to secure for the military personnel the right of ownership of the living quarters at the place of residence for the entire period when he is doing military service. This has its advantages, for example, in the case of eviction of a serviceman from the occupied office living quarters, 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" // Collected Works. Legislation Ros. Federation -2012. - No. 22-st. 2331.

Payment mechanism utilities, as well as the product of the corresponding recalculations must be clearly defined, since in the residential premises that are reserved by the military, no one may live during the period of the military personnel's military service. It seems advisable to provide for the possibility of selling housing at the former place of residence against the newly provided housing with the subsequent purchase of the missing part by the federal executive body in which the soldier did military service. A citizen who has not yet acquired the guaranteed office dwelling space in his ownership has the right to independently redeem the missing part of the newly provided dwelling space.

The procedure for the provision of office living quarters consists of different stages, which consist of certain actions. These actions solve 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 the registration of citizens in need of better housing conditions;

2) determine the sequence and timing of the provision of office living quarters to citizens;

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

4) commit documenting the decision taken.

Servicemen conclude a housing contract with the federal executive body, in which military service is provided for by federal law. This agreement defines the procedure for the provision of office living space, as well as its content and many other aspects related to the directly concluded agreement.

The parties to the concluded housing contract are the commander of the military unit obliged to conclude this agreement directly by the servicemen themselves, who have the right to his imprisonment. The housing contract regulates the relationship of the parties to the implementation of the right of servicemen to office living quarters. The agreement provides for a special procedure for providing service living quarters for servicemen, as well as their family members. Thus, ensuring the principle of the completeness of the implementation of the right of servicemen to office living quarters.

So, the conclusion of a housing contract precedes the provision of a specific office living quarters to a serviceman. The basis for moving into a specific office dwelling is a housing contract for the lease of an office dwelling.

Housing for servicemen of the Armed Forces of the Russian Federation. Accumulative mortgage system of housing provision for military personnel

The issues of providing housing for servicemen and their family members at the present stage of development of the military organization of Russian society acquire special significance. On the one hand, this is caused by the optimization of the structure of the Armed Forces, on the other hand, by the improvement of the system of comprehensive provision of servicemen with everything necessary to fulfill their duties.

Housing for servicemen of the Armed Forces of the Russian Federation

One of the most difficult social problems in the Armed Forces of the Russian Federation, it is the provision of housing for servicemen and their families. Currently, 122.4 thousand servicemen and members of their families still need permanent or service housing.

Housing certificates, like the mortgage-accumulative system of housing provision, are not able to completely solve the problem. The price per square meter of housing included in these documents is much lower than it market value, which does not provide the absolute majority of military personnel with the opportunity to improve their living conditions.

President of the Russian Federation Dmitry Medvedev, being in military exercises in the Barents Sea in October last year, said: “If this is a housing certificate, then it must be a real housing certificate that allows you to buy an apartment in the place where it is needed. So the housing certificate must cover 100 percent of the cost, and we will proceed from this. Because it’s better to make this program a little slower, but to make it more realistic, otherwise what is the point of giving these certificates ”.

In April 2008, the Ministry of Defense of the Russian Federation approved the Strategy social development Of the Armed Forces of the Russian Federation for the period until 2020. In accordance with it, the Strategic Plan “Improving the Housing Conditions of Servicemen of the Armed
Forces of the Russian Federation and members of their families for the period up to 2020 ", the main objectives of which are:

1) the provision of permanent housing to servicemen who signed a contract before January 1, 1998;

2) creation in 2012 of a service fund for the staffing of military units and formations;

3) ensuring the functioning of the accumulative mortgage system of housing provision for military personnel.

To solve the assigned tasks, the RF Ministry of Defense plans to receive 67,000 apartments in 2008-2010 within the framework of the State Defense Order. In addition, work is currently underway to place government orders for the acquisition and share in the construction of housing at the expense of funds received as a result of the sale of released real estate.

The general procedure for housing provision for servicemen is regulated by Article 15 of the Federal Law of the Russian Federation "On the Status of Servicemen". Based on this legislative act the state guarantees the provision of living quarters to servicemen and members of their families. The procedure for providing housing is regulated by order of the Minister of Defense of the Russian Federation No. 80 of February 15, 2000 "On the procedure for providing residential premises in the Armed Forces of the Russian Federation."

The Housing Code of the Russian Federation (Housing Code of the Russian Federation), entered into force on March 1, 2005, divides the state housing stock, depending on the purpose of use, into a housing stock for social use and a specialized housing stock. The provision of housing stock for social use to servicemen and members of their families living together with them (under social rental contracts) is carried out in accordance with Articles 51 and 57 of the RF LC. The grounds for providing citizens with residential premises under social rental contracts are determined based on the level of their provision with housing. The total total area of all residential premises occupied by military personnel (or) members of their families under social employment contracts and (or) owned by them by right of ownership is taken into account both when registering those in need of housing conditions improvement and when determining the size of the living space provided under a social employment contract.

Residential premises of specialized housing stock are provided to servicemen and members of their families living with them, who are not provided with living quarters in the corresponding settlement, according to the norms provided for federal laws and other regulatory legal acts of the Russian Federation.

In the absence of service housing, military units rent residential premises or, at the request of servicemen, pay them monthly monetary compensation for renting (subletting) residential premises in the manner and amount determined by the Government of the Russian Federation.

In accordance with the Decree of the Government of the Russian Federation No. 909 of December 31, 2004 "On the procedure for payment monetary compensation for the lease (sub-lease) of residential premises to servicemen - citizens of the Russian Federation doing military service under a contract, citizens of the Russian Federation dismissed from military service, and members of their families ”(with subsequent amendments and additions) it was established that monetary compensation is paid in an amount not exceeding:

In the cities of Moscow and St. Petersburg - 15,000 rubles;

In other cities and regional centers - 3600 rubles;

In other settlements -2700 rubles.

The indicated amounts of monetary compensation are increased by 50% if three or more family members live with a soldier or a citizen dismissed from military service.

In accordance with paragraph 8 of Art. 15 of the Federal Law of the Russian Federation "On the Status of Servicemen" upon receipt of a dwelling have the right to additional total area living quarters ranging in size from 15 to 25 square meters, the following military personnel:

Officers with the military ranks of Colonel, equal to him or higher, who are in military service or dismissed from military service upon reaching the age limit for military service, health status or in connection with organizational and staff activities;

Commanders of military units;

Servicemen with honorary titles of the Russian Federation;

Servicemen - teachers of military educational institutions of professional education, military departments at state educational institutions of higher professional education;

Military personnel are scientific workers with academic degrees or academic titles.

A serviceman whose total duration of service is 10 years or more, subject to dismissal from military service upon reaching the age limit for military service, health status or in connection with organizational and staff activities in Last year military service of the Ministry of Defense (by another federal executive body in which military service is provided for by federal law), at its request, a state housing certificate is issued for the acquisition of housing in the place of residence chosen after dismissal from military service in the manner determined by the Government of the Russian Federation.

When providing living quarters for disabled people, the recommendations of the individual program for the rehabilitation of a person, the state of his health, as well as other circumstances (number of storeys, proximity to a medical and preventive institution, the place of residence of relatives, loved ones, etc.) are taken into account.

Since 2004, the problem of providing housing for military personnel has been solved within the framework of the subprogram "State housing certificates for 2004-2010." It is part of the federal target program "Housing" for 2002 - 2010 "and approved by the Decree of the Government of the Russian Federation No. 700 of November 20, 2003.

The rules for issuing and redeeming state housing certificates as part of the implementation of the subprogram were approved by Decree of the Government of the Russian Federation No. 522 dated October 7, 2004. It is considered one of the most effective mechanisms solutions to the housing problem.

The account manager (participant of the GHS subprogram) has the right to purchase in the primary or secondary housing market in the territory of the constituent entity of the Russian Federation specified in the certificate from any physical and legal entities(one or more) living quarters.

In the coming years, the Ministry of Defense of the Russian Federation envisages solving the housing problem of servicemen in the following main areas:

Providing housing for servicemen without apartments and their family members who signed a contract before January 1, 1998. The existing obligations to them will be extinguished within the framework of the current legislation by providing housing for permanent residence... Servicemen who entered military service after January 1, 1998 are provided with office living quarters for the entire period of military service in accordance with the norms established by federal laws and other regulatory legal acts of the Russian Federation;

Formation of a fund of living quarters for the staffing of military units and formations. Service housing will be provided here only for the period of military service;

Creation of effective market mechanism, which makes it possible to exercise the rights of military personnel to receive housing in their property upon completion of service.

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

Rendering state support military personnel to purchase housing with the help of mortgage loans;

Creation of conditions for attracting investors in order to form housing stock outside military camps and accommodate military personnel on a lease or hire basis;

Improving the management efficiency of the available housing stock.

By 2015, it is planned to create a service housing stock in the amount of 334 thousand apartments, which, taking into account the existing ones, will amount to 480 thousand for the planned staffing of the RF Armed Forces.

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

Construction and acquisition of it according to the own plan of the Ministry of Defense of the Russian Federation, first of all, in closed military camps;

Optimization of the existing service housing stock, as well as obtaining housing through the implementation of investment projects;

Formation of a rental housing fund to accommodate military personnel in large cities and administrative centers.

First of all, the formation of service housing is envisaged in the points of deployment of military units and formations of constant combat readiness.

In the future, this fund will be created in other military units to be transferred to a contractual recruitment method.

Along with additional measures to increase appropriations allocated to finance housing construction, a transition to a cumulative system of providing housing for servicemen will be carried out.

Due to the fact that the previously existing system of housing for military personnel came into a certain conflict with the economic capabilities of the state, the Ministry of Defense of the Russian Federation chose other ways to solve this problem.

At the expense of all sources of financing in 2009 it is planned to purchase 32 thousand apartments to provide housing for military personnel and their families, of which about 22 thousand apartments for permanent residence and 10 thousand service apartments.

In this regard, the former Deputy Minister of Defense of the Russian Federation for financial and economic work, Lyubov Kudelina, stated in March 2009 that “housing, construction and repair of military and social infrastructure facilities are a priority area for allocating funds in the 2009 budget, and allocations are made for these purposes. in the amount of 81 billion rubles. Housing costs will not be reduced under any circumstances. "

Accumulative mortgage system of housing provision for military personnel

On January 1, 2005, the accumulative mortgage system of housing security began to operate.

The accumulative mortgage system was not a replacement, but a supplement to the current programs for providing housing for military personnel.

Legal basis new system determined by the Federal Law No. 117-FZ of August 20, 2004 "On the accumulative mortgage system of housing provision for military personnel."

Currently, more than 70 thousand servicemen are included in the register of participants in the accumulation and mortgage system. Personal savings accounts are opened on them.

The main tasks of the savings and mortgage system for providing servicemen with housing are:

1. Transfer of state obligations to servicemen in the housing sector from natural form (provision of an apartment) to cash form, which will expand the ability of servicemen to independently make decisions on the choice of place of residence, the quality and size of the acquired housing;

2. The possibility of acquiring ownership of housing after three years of participation in the mortgage-savings system at the expense of mortgages;

3. The transition from providing servicemen at the expense of the state with separate apartments to accumulation Money to acquire ownership of housing at the chosen place of residence;

4. Stabilization and consolidation of military personnel, especially officers, on the basis of encouraging servicemen to continue military service.

The solution to these tasks is based on the following principles:

The basis for the inclusion of a soldier in the register of participants is an application prepared by him in writing with a request to do so;

Annual transfer of funds to personal savings accounts of military personnel for the purchase of housing; the volume of annual charges will be equivalent to approximately 3 sq. meters of living space. At the same time, it will be focused (indexed for inflation) at accumulating funds sufficient to purchase an apartment with a total area of 54 sq. meters;

The accumulated funds, at the request of the soldier, can be used after three years after his inclusion in the accumulative mortgage system for the acquisition of housing into ownership using the target housing loan(mortgage loan). The loan is provided by the bank secured by the purchased housing. At the same time, the process of accumulating funds continues, gradually repaying the received mortgage... If the serviceman continues to serve even after the loan is repaid, then at the expense of the newly accumulated funds, he can increase the comfort and size of the acquired housing;

If a soldier leaves before reaching 10 years of service, then he loses the right to receive the accumulated funds. In the period between 10 and 20 years of service, in case of dismissal for a good reason (organizational and staff measures; health status, etc.), he has the right to receive the accumulated funds to solve the housing issue on his own.

It is supposed to accumulate funds according to the following scheme. On the basis of the Federal Law "On the Savings and Mortgage System of Housing for Servicemen" federal budget allocations are provided for accrual to the registered accumulative accounts of the system participants.

These funds are administered by the federal executive authorities, in which the law provides for military service. At their request, budgetary funds are transferred to a separate account of a specially created authorized federal body for managing the system.

To ensure the functioning of the system, the Federal government agency"Federal Administration of the Savings and Mortgage System of Housing for Servicemen". It deals with the accounting of funds transferred from the budget to the personal savings accounts of military personnel, transferring them to trust management so that the money entering these accounts at least retains its purchasing power... Also, the Federal Directorate was entrusted with the task of providing military personnel with funds in the form of targeted housing loans for the purchase of housing, including with the help of a mortgage loan.

On behalf of a soldier, they can be sent to pay for the housing he buys or down payment on a mortgage loan.

The accumulative mortgage system gives him the opportunity to choose between accumulating for the entire period of service and acquiring housing during the service with the help of a mortgage loan.

Participants in the savings and mortgage system are:

Persons who graduated from military educational institutions of professional education and received, in this regard, the first military rank of an officer after January 1, 2005;

Officers called up for military service from the reserve or voluntarily enlisted in military service from the reserve and who entered into the first contract for military service after January 1, 2005;

Warrant officers and warrant officers upon reaching three years of total duration * ") of military service under the contract, subject to the conclusion of the first contract on military service no earlier than January 1, 2002;

Sergeants and foremen, soldiers and sailors who entered into a second contract for military service no earlier than January 1, 2005, who expressed a desire to become participants in the savings and mortgage system.

At the same time, a soldier will be interested in serving as long as possible, since the amount of funds transferred by the state is directly proportional to the length of service. At early termination contract on the initiative of the military man, he will be obliged to repay the amount of the mortgage loan at the expense of personal funds and at the same time it will have to return the funds transferred from the budget to its personal account to the state.

In addition, the mortgage allows you to remove the risk of depreciation of the accumulated funds over the entire period of service. The use of a mortgage allows you to fix the price and area of housing and to avoid the growth of savings lagging behind the growth in housing prices. This is especially true today for large administrative centers that do not have a fund of office housing. Subsequently, the housing acquired through a mortgage loan will remain with the serviceman, and if he is transferred to a new duty station, he will retain the right to receive service housing.

The initial payment for the purchase of housing will be financed from savings in the first years (at least 3 years) on the personal account of a military man. He uses further annual contributions from the state for payments on the mortgage loan. A soldier can at any time take a mortgage loan from the bank to buy an apartment if there is personal savings of 30% of the cost of the apartment for the down payment.

In the case of involving personal savings, at the request of the military man, you can either bring the purchase period closer or increase the area of the acquired housing.

Thus, the advantage of the savings and mortgage system in comparison with the current procedure lies in the targeted intended use funds allocated for solving the housing problem, and establishing the dependence of the quality of acquired housing on the duration of military service.

Only a comprehensive approach to solving the housing issue related to the implementation of the existing obligations of the state to provide permanent housing for dismissed servicemen, the formation of a fund of office living quarters for servicemen who continue to serve, and the transition to a savings-mortgage housing system will contribute to the creation of the Armed Forces that meet the requirements of the 21st century.

In the introductory remarks, it is necessary to indicate the relevance of the topic being studied. Considering that almost all listeners are interested in it, the leader of the social and state training group needs to be creative in the study of the material. It is advisable to structure the lesson in such a way as to tell the audience about the current situation with the provision of military personnel with living quarters in the garrison (district and subject of the Russian Federation), in which they undergo military service.

Expanding the first question of the lecture, it is necessary to draw the attention of the audience to the fact that the military personnel subject to the provision of living quarters are divided into those who signed a contract before January 1, 1998, and those who signed it after that date. It is important to clarify to the audience what is the difference between these categories.

If possible, invite representatives to the lesson housing commission military unit and specialists who are involved in housing provision for military personnel in the unit (including the organization of the accumulative mortgage system).

In conclusion, it should be noted that housing provision for servicemen is of particular importance in matters of ensuring the combat capability and combat readiness of the Armed Forces. Summarize the lesson and draw brief conclusions.

2. Federal Law No. 117-FZ of August 20, 2004 "On the accumulative mortgage system of housing provision for military personnel."

3. Decree of the Government of the Russian Federation of October 7, 2004 No. 522 "On some issues related to the implementation of the subprogram" State housing certificates "for 2004 - 2010, which is part of the federal target program" Housing "for 2002 - 2010".

4. Decree of the Government of the Russian Federation of December 31, 2004 No. 909 "On the procedure for payment of monetary compensation for the lease (sub-lease) of residential premises to military personnel - citizens of the Russian Federation who are doing military service under a contract, citizens of the Russian Federation who were dismissed from military service, and members of their families" (with subsequent changes and additions).

5. Order of the Minister of Defense of the Russian Federation No. 80 of February 15, 2000 "On the procedure for providing living quarters in the Armed Forces of the Russian Federation".

6. Gordievsky A. Housing provision of military personnel of the Armed Forces of the Russian Federation // Landmark. - 2006. - No. 3.

Lecturer at the Military University of the Ministry of Defense of the Russian Federation., Colonel
Igor Gladkikh
Scientific editor of the magazine "Landmark", Aram Khachatryan

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

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

These living quarters are allocated to citizens on the basis of a prisoner with them rental contracts for specialized housing for a period that is directly specified in the law or until certain circumstances disappear. In all cases, except for apartments for orphans and children left without care, housing-related expenses are covered by tenants.

Service apartment

These living quarters are provided not all orphans, but only to those who are not tenants of housing under a social tenancy agreement, and also are not the owners of any housing.

Apartments are allocated for the use of such children upon reaching the age of majority, as well as until the age of majority - in the 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 on the basis of their written statement, according to a contract for the lease of specialized living quarters concluded with them. Payment of expenses related to the use of these living quarters by such children, in accordance with Art. 5 ФЗ № 159 dated 21.12.1996, 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 the stay in educational institutions and social service institutions (boarding schools, shelters). Such housing is allocated to children once for a five-year period. Under the exceptional circumstances specified in par. 2 p. 6 art. 8 ФЗ № 159, the employment contract can be concluded for a repeated five-year period.
In general cases, after the expiration of a five-year period, an apartment transferred to an orphan or a child left without care is excluded from the specialized fund and transferred to him on the terms of social employment... Such a person shall carry out further maintenance of the dwelling independently.
The right to provide apartments from the special fund also has persons from among orphans and children left without parental care (subjects aged 18 to 23 years old, who at the time of majority were such), as well as persons over 23 years old who, before reaching this age belong to the above categories.

Citizen C is an orphan because of the death of both her parents. Upon reaching the age of 18 and at the end of the period of stay in 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. After considering C's statement, the administration drew attention to the fact that C is the only heir to his father, who left her after his death two-room apartment and which she duly formalized on herself. Guided by Art. 8 of the Federal Law No. 159 of 12.21.1996, according to which the right to housing from the special fund belongs to orphans, in whose ownership there is no housing, the local administration refused to allocate an apartment to C.

Apartment for refugees and internally displaced persons

The right to receive apartments for temporary use by refugees and temporary displaced persons is enshrined in paragraph 6 of Art. 8 of the Federal Law "About refugees" dated 19.02.1993 No. 4528-1-FZ and p. 2 p. 1 art. 6 FZ "On forced migrants" dated 20.12.1995 No. 202-FZ, respectively. Such housing is allocated to people in need from the relevant housing funds, which, according to paragraphs. 5, pp. 6 p. 1 of Art. 92 ZhK RF, are among 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 lease agreement with the owner of such housing, concluded for a period not exceeding the duration of their status.

The procedure for the provision of apartments from the relevant funds is determined Regulations on the Housing Fund for the Temporary Settlement of Persons Recognized as Refugees, approved by the Government Decree of 09.04.2001 No. 275, as well as Regulations on housing for temporary migrants in the Russian Federation(Government Decree of 08.11.2000 No. 845) respectively.

Comfortable 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 on the territory of the Russian Federation, as well as when such a person and none of his family members have a living quarters on the territory of the Russian Federation in the right of ownership or under a lease agreement.
Allocation of apartments for temporary settlement to refugees and temporary migrants is carried out on the basis of decisions of the special commission on the distribution of housing created for the registration of such persons, on the basis of the territorial body of the Ministry for Federation Affairs, National and Migration Policy, at the place of registration of these persons.
For the allocation of living quarters, refugees and displaced persons must submit to the commission application of the established form. When they are registered as persons in need of housing, family members are also taken into account applicants and their minor children.
Payment for housing allocated to refugees and displaced persons, as well as utilities, is carried out by such persons on one's own. Upon the 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 fund

A separate category of specialized premises for temporary residence of citizens is made up of apartments of the maneuverable fund (subparagraph 3 of paragraph 1 of article 92 of the RF LC). Housing from the specified fund is intended to provide them with citizens who, due to certain circumstances, lose the ability to use the only living space they have when it is temporary.

The apartments of the mobile fund are provided to citizens on the basis of not less than 6 sq. m... living space per family member (clause 1 of article 106 of the RF LC).

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

Apartments from the flexible fund are provided to citizens on the basis of a contract for the lease of specialized residential premises concluded with them in the cases provided for in Art. 95 LCD RF, namely:

when in the house where the only residence of the citizen is located on the basis of a social tenancy agreement is carried out or its reconstruction... Despite the absence of an indication, the owners of the only living quarters for them in houses where the overhaul is being carried out enjoy the same right to provide temporary housing. The employment contract with such persons is concluded for the period of the work;
when foreclosure has been levied on the only home of a citizen on the basis that this housing was purchased on a mortgage, as a result of which the citizen was evicted from it. According to paragraphs. 2 p. 2 art. 106 of the RF LC, the lease agreement is concluded for the period until the alienation of mortgage housing as part of the imposition of a penalty on it, and the corresponding settlements with such a citizen;
when the only home of a citizen became uninhabitable as a result of extraordinary circumstances. The contract for renting apartments from the flexible fund is concluded for the period until the provision of new comfortable housing or until settlements with citizens for lost housing are made. According to Art. 89 ZhK RF, provided by social. new housing for rent should be equivalent in area to housing that has become unusable;

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

Conclusion

The presence of a specialized housing stock allows you to solve many housing problems completely different categories our compatriots, especially in the absence of any housing and other difficult life situations.

Based on the social orientation of such housing, Special attention legislators need to turn to mechanisms for its allocation, which are often overflowing with bureaucratic procedures. But even in spite of them, the presence of such a fund is a positive example for other sectors of social protection of the 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 the housing arrangement of temporary migrants in the Russian Federation, payment for residential premises and utilities is carried out by migrants independently, according to tariffs established by the local government.

One of the most difficult social problems in the Armed Forces of the Russian Federation is the provision of housing for servicemen and their families. Currently, 122.4 thousand servicemen and members of their families still need permanent or service housing.
Housing certificates, like the mortgage-accumulative system of housing provision, are not able to completely solve the problem. The price per square meter of housing included in these documents is much lower than its market value, which does not provide the vast majority of servicemen with the opportunity to improve their living conditions.
President of the Russian Federation Dmitry Medvedev, being in military exercises in the Barents Sea in October last year, said: “If this is a housing certificate, then it must be a real housing certificate that allows you to buy an apartment in the place where it is needed. So the housing certificate must cover 100 percent of the cost, and we will proceed from this. Because it’s better to make this program a little slower, but to make it more realistic, otherwise what is the point of giving these certificates ”.
In April 2008, the Ministry of Defense of the Russian Federation approved the Social Development Strategy of the Armed Forces of the Russian Federation for the period until 2020. In accordance with it, the Strategic Plan “Improving the Housing Conditions of Servicemen of the Armed
Forces of the Russian Federation and members of their families for the period up to 2020 ", the main objectives of which are:
1) the provision of permanent housing to servicemen who signed a contract before January 1, 1998;
2) creation in 2012 of a service fund for the staffing of military units and formations;
3) ensuring the functioning of the accumulative mortgage system of housing provision for military personnel.
To solve the assigned tasks, the RF Ministry of Defense plans to receive 67,000 apartments in 2008-2010 within the framework of the State Defense Order. In addition, work is currently underway to place government orders for the acquisition and equity participation in the construction of housing at the expense of funds received as a result of the sale of the released real estate.
The general procedure for housing provision for servicemen is regulated by Article 15 of the Federal Law of the Russian Federation "On the Status of Servicemen". On the basis of this legislative act, the state guarantees the provision of living quarters to military personnel and members of their families. The procedure for providing housing is regulated by order of the Minister of Defense of the Russian Federation No. 80 of February 15, 2000 "On the procedure for providing residential premises in the Armed Forces of the Russian Federation."
The Housing Code of the Russian Federation (Housing Code of the Russian Federation), entered into force on March 1, 2005, divides the state housing stock, depending on the purpose of use, into a housing stock for social use and a specialized housing stock. The provision of housing stock for social use to servicemen and members of their families living together with them (under social rental contracts) is carried out in accordance with Articles 51 and 57 of the RF LC. The grounds for providing citizens with residential premises under social rental contracts are determined based on the level of their provision with housing. The total total area of all residential premises occupied by military personnel (or) members of their families under social employment contracts and (or) owned by them by right of ownership is taken into account both when registering those in need of housing conditions improvement and when determining the size of the living space provided under a social employment contract.
Residential premises of specialized housing stock are provided to servicemen and members of their families living with them who are not provided with living quarters in the corresponding settlement, in accordance with the norms provided for by federal laws and other regulatory legal acts of the Russian Federation.
In the absence of service housing, military units rent residential premises or, at the request of servicemen, pay them monthly monetary compensation for renting (subletting) residential premises in the manner and amount determined by the Government of the Russian Federation.
In accordance with the Decree of the Government of the Russian Federation No. 909 of December 31, 2004 "On the procedure for payment of monetary compensation for the lease (sub-lease) of residential premises to military personnel - citizens of the Russian Federation who are doing military service under a contract, citizens of the Russian Federation who were dismissed from military service, and members of their families "(With subsequent amendments and additions) it was established that monetary compensation is paid in an amount not exceeding:

in the cities of Moscow and St. Petersburg - 15,000 rubles;
in other cities and regional centers - 3600 rubles;
in other settlements -2700 rubles.

The indicated amounts of monetary compensation are increased by 50% if three or more family members live with a soldier or a citizen dismissed from military service.
In accordance with paragraph 8 of Art. 15 of the Federal Law of the Russian Federation "On the Status of Servicemen" upon receipt of residential premises, the following servicemen are entitled to an additional total area of residential premises ranging in size from 15 to 25 square meters:

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

According to Art. 23 of the Federal Law "On the Status of Servicemen", military personnel whose total duration of military service is 10 years or more, who need to improve their living conditions according to the standards established by federal laws and other regulatory legal acts of the Russian Federation, cannot be dismissed from military service without their consent. when they reach the age limit for military service, health status or in connection with organizational and staff activities without providing them with living quarters.
A serviceman whose total duration of service is 10 years or more, subject to dismissal from military service upon reaching the age limit for military service, state of health or in connection with organizational and staff activities in the last year of military service of the Ministry of Defense (by another federal executive body, in which the federal law provides for military service), at his request, a state housing certificate is issued for the acquisition of housing in the place of residence chosen after dismissal from military service in the manner determined by the Government of the Russian Federation.
When providing living quarters for disabled people, the recommendations of the individual program for the rehabilitation of a person, the state of his health, as well as other circumstances (number of storeys, proximity to a medical and preventive institution, the place of residence of relatives, loved ones, etc.) are taken into account.
Since 2004, the problem of providing housing for military personnel has been solved within the framework of the subprogram "State housing certificates for 2004-2010." It is part of the federal target program "Housing" for 2002 - 2010 "and approved by the Decree of the Government of the Russian Federation No. 700 of November 20, 2003.
The rules for issuing and redeeming state housing certificates as part of the implementation of the subprogram were approved by Decree of the Government of the Russian Federation No. 522 dated October 7, 2004. It is considered one of the most effective mechanisms for solving the housing problem.
The account manager (participant of the GHS subprogram) has the right to purchase residential premises in the primary or secondary housing market on the territory of the constituent entity of the Russian Federation specified in the certificate from any individuals and legal entities (one or more).
In the coming years, the Ministry of Defense of the Russian Federation envisages solving the housing problem of servicemen in the following main areas:

providing housing for servicemen without apartments and their family members who signed a contract before January 1, 1998. The existing obligations to them will be repaid within the framework of the current legislation by providing housing for permanent residence. Servicemen who entered military service after January 1, 1998 are provided with office living quarters for the entire period of military service in accordance with the norms established by federal laws and other regulatory legal acts of the Russian Federation;
formation of a fund of residential office premises for the staffing of military units and formations. Service housing will be provided here only for the period of military service;
creation of an effective market mechanism that would allow servicemen to exercise their rights to receive housing at the end of their service.

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

provision of state support to servicemen for the purchase of housing by them with the help of mortgage loans;
creating conditions for attracting investors in order to form housing stock outside military camps and accommodate military personnel on a lease or hire basis;
improving the management efficiency of the available housing stock.
By 2015, it is planned to create a service housing stock in the amount of 334 thousand apartments, which, taking into account the existing ones, will amount to 480 thousand for the planned staffing of the RF Armed Forces.

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

building and acquiring it according to the own plan of the Ministry of Defense of the Russian Federation, first of all, in closed military camps;
optimization of the existing office housing stock, as well as obtaining housing through the implementation of investment projects;
formation of a rental housing fund to accommodate military personnel in large cities and administrative centers.

First of all, the formation of service housing is envisaged in the points of deployment of military units and formations of constant combat readiness.
In the future, this fund will be created in other military units to be transferred to a contractual recruitment method.
Along with additional measures to increase appropriations allocated to finance housing construction, a transition to a cumulative system of providing housing for servicemen will be carried out.
Due to the fact that the previously existing system of housing for military personnel came into a certain conflict with the economic capabilities of the state, the Ministry of Defense of the Russian Federation chose other ways to solve this problem.
At the expense of all sources of financing in 2009 it is planned to purchase 32 thousand apartments to provide housing for military personnel and their families, of which about 22 thousand apartments for permanent residence and 10 thousand service apartments.
In this regard, the former Deputy Minister of Defense of the Russian Federation for financial and economic work, Lyubov Kudelina, stated in March 2009 that “housing, construction and repair of military and social infrastructure facilities are a priority area for allocating funds in the 2009 budget, and allocations are made for these purposes. in the amount of 81 billion rubles. Housing costs will not be reduced under any circumstances. "