Permanent housing for military personnel. Features of obtaining official housing Documents in the JO for placing on the waiting list

• Right to housing
• Residential real estate that is provided to military personnel
• Unified electronic register
• List of documents

People who have connected their lives with a military career need to know what the list of documents for housing for military personnel is. This is due to the fact that military personnel very often face the problem of moving from one city to another. There is nothing you can do about it, you have to put up with it and constantly change your place of residence.

Right to housing

Upon arrival in a new city, each military personnel must be provided with a place to live for three months. The state should deal with this issue. In addition, there are programs that provide permanent housing for military families.

To obtain permanent housing, there must be a confluence of certain factors that provide this privilege. First of all, it all depends on the service life. If by decision of the Ministry of Defense a serviceman was recognized as needing his own housing, and his service life exceeded the 20-year mark, then the person can count on his own apartment from the state. In addition, there is another option in which the state provides permanent residence. An example would be a military man whose service has exceeded 10 years, but has reached retirement age, or is unable to continue serving due to health reasons.

The right to receive housing implies that a military man who has collected all the necessary documents and written an application gets in line for a permanent apartment and waits. In addition, there is a program that does not provide an apartment, but allows you to purchase it at an extremely low price. This program is more realistic. In this case, you can get housing within one year, rather than standing in line for several decades.

It is worth noting that since 2005 they began to issue funds that facilitate the purchase of housing. Providing all living space at once has practically lost its relevance. The amount of payment provided by the state depends on the square footage of the apartment. It is calculated based on the number of family members. This program is called the Military Mortgage.

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Residential real estate that is provided to military personnel

As part of the implementation of the program to provide housing to military personnel, both privates and officers had the opportunity to become owners of personal living space. The list of residential premises that military personnel can receive includes:

• apartments on the primary real estate market;
• apartments on the secondary real estate market;
• townhouses;
• private houses with their own plot.

Resale real estate is the most popular. It is affordable for many privates and officers. However, contract employees prefer to purchase apartments in new buildings. Also, one of the most profitable options is to invest money in construction. However, with this scenario, you have to wait a little. But the amount spent is significantly reduced.

An important factor that needs to be taken into account is that not every construction company has the right to implement its construction projects in cooperation with government programs. Before you invest money in building a home, you need to study the list of construction companies that have the right to do so. Otherwise, you can become the most common victim and lose your financial savings. When choosing a construction partner, you need to pay attention to factors such as price, reliability of the construction company, and quality of the finished product.

The mortgage system not only selects companies with which to enter into an agreement, but also a list of new buildings that are suitable for military housing. The list and addresses of these houses can be found in the branches of banks that are partners of the program, and in the AHML office (agency for housing mortgage lending). This option, such as purchasing housing at the construction stage, will significantly reduce the cost of living space.

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Unified electronic register

Before submitting documents for an apartment, a serviceman must be entered into the Unified Electronic Register.

Such a regulation was introduced in Russia starting in 2011. In accordance with this register, every military person had to be on a waiting list for housing, for people who do not own it or for social rent. To get into this register, you need to collect a list of documents that indicate that the military needs private property. A personal statement is also required.

After all the necessary list of documents has been collected, the folder must be transferred to the Housing Department of the Ministry of Defense of the Russian Federation. You can do this in person or send the entire package of documents by registered mail. An application is also submitted along with the documents. The specialists of this department carefully examine the entire package of documents, after which the serviceman and his family members are recognized as in need of their own housing. Then they are entered into a single electronic register to receive housing directly or financial assistance for its purchase, depending on the requirements that were stated in the application.

Entry into the register is carried out not by the date the decision was made, but by the date when the application was submitted to the department. Finally, the service member is assigned an identification number. It is necessary so that on the website of the Ministry of the Russian Federation a person can verify all the data that was entered about him in the register. If the application was submitted in person, then you must come back for the code yourself after review. If by registered mail, then the response is sent in a similar form.

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List of documents

What documents are needed for military personnel to obtain an apartment? This question is the most important and relevant, since if the package of documents is not correct, there is a possibility that the serviceman will simply not be included in the electronic register. Documents for recognizing a serviceman as needing housing:

1. Extract from the unified register on the rights to private property of military personnel stationed on the territory of Russia starting from January 31, 1998.
2. An extract from the individual’s service record, with an approved date of issue.
3. An extract from the order in accordance with which the appointment to the last position is carried out. The document is provided in the form of a copy.
4. The serviceman’s application for permanent housing in accordance with the specified form.
5. Power of attorney for this person.
6. If there is a child in the family, then it is necessary to provide documents for him.
7. A document that states the right to additional living space in an apartment.
8. Document on the provision of additional social guarantees. Provided as a copy.
9. The entire list of documents on the place of residence of a military man with his family, starting from 1991.
10. A list of documents that identify the soldier and all members of his family (passport or birth certificate). Provided as a copy.
11. If the service is carried out in contract form, then a copy of the contract must be provided.
12. Certificate of TIN availability for each family member.
13. A certificate stating that the serviceman and all members of his family have or, conversely, do not have private property.
14. Certificate of marriage or divorce. In the second case, it is necessary to provide information about all marriages. Provided as a copy.
15. Certificate of stay in a particular city. Copy.
16. Certificate of family status and duration of military service. They are provided in form number 9.
17. Certificate of insecurity of a serviceman with housing.
18. It is mandatory to provide a financial personal account for each family member from the place of residence.

is an abbreviation for the Housing Services Department of the Ministry of Defense of the Russian Federation, which is designed to resolve issues of providing needy military personnel with living quarters in accordance with Article 51 of the Housing Code of the Russian Federation.

In accordance with Federal Law No. 76-FZ of May 27, 1998 “On the Status of Military Personnel,” the state guarantees military personnel the provision of residential premises or the allocation of funds for their purchase in the manner and under the conditions established by federal laws and other regulatory legal acts of the Russian Federation .

The state guarantees military personnel the provision of living quarters.

The Constitution, the Housing Code, the Federal Law “On the Status of Military Personnel” contain norms that must be strictly observed and implemented by everyone and throughout the entire territory of the Russian Federation.

But for officials of the Ministry of Defense, the law is not law unless there is an order from above. It is impossible to provide housing for everyone, but there is only one budget. It must be saved. It is said to ensure cost savings and save as much as possible. Each appeal from the applicant is perceived as a personal insult, an attempt to take away his personal savings.

Such zeal in work, and even in the public service, is even commendable, if the official is right, but what if he is wrong?

The courts also do not particularly satisfy demands for compensation for moral damage, and in practice it is very difficult to prove a cause-and-effect relationship between these facts.

I am sure that if an official-lawyer were personally responsible for his actions that were recognized by the court as illegal, for example, in a disciplinary manner, his responsibility would be higher and perhaps he would have a desire to read the law from time to time and monitor changes in judicial practice.

And if the courts were not stingy in collecting legal costs in full, and not as usual, then, you see, life would become easier and work more fun...

My client's struggle with the Ministry of Defense for the right to housing was long, and was fought with varying degrees of success. But still the defense was broken through and victory remained ours!

The story began with the fact that, as a military personnel subject to dismissal due to reaching the age limit for service, G. was registered as needing residential premises for permanent residence outside the military camp area back in 2010.

During this period, she lived with her family members (husband, child) in an apartment that was provided under a social rental agreement to her husband, also a former military man. The apartment was a service apartment and was located on the territory of a military camp.

The first experience, a baptism of fire, so to speak, was a court decision in favor of the client declaring the actions of the commander of the military unit illegal and obliging him to include G. in the automated system for recording military personnel in need of housing.

But these were just the beginnings, interesting things were ahead...

In connection with the dissolution of the marriage between the spouses, on the basis of G.’s report, changes were made to the decision to provide housing only for her and the child in another region.

After some time, the time came for dismissal from service due to reaching the age limit.
In accordance with paragraph 17 of the Instruction approved by Order of the Ministry of Defense of Russia dated September 30, 2010 N 1280 “On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and official residential premises” in the event of the release of residential premises occupied by military personnel and those living together with them members of their families, with the exception of residential premises owned by them, military personnel are required to send documents confirming the vacancy of this premises to the structural unit of the authorized body at the location of the vacated residential premises, about which the military unit of the authorized body issues (sends) a certificate in the recommended form
So, G., according to the transfer and acceptance certificate, handed over to the housing commission a part of the living space attributable to her benefit, paid the cost of restoration repairs, calculated according to a special formula, and began to expect a speedy receipt of housing and moving, but here the inexplicable and incomprehensible began.

At first, she was denied a certificate of occupancy of the residential premises.
And then, by decision of the Central Regional Housing Administration of the Ministry of Defense of the Russian Federation, she was denied housing under a social tenancy agreement due to the fact that she had not provided documents confirming the delivery of residential premises.
At the same time, she was told that in order to obtain housing, she simply needed to deregister.

G., having received such explanations from the boss, checked out of the apartment and registered with her son at the address of the military unit. In fact, she had not lived there for a long time anyway.

I submitted the documents again. She again received a notification about the provision of housing to her and again she was refused to provide it, but this time due to the excess of the provision norm and because again, G. was not provided with documents confirming the delivery of the residential premises occupied previously.

According to the head of the department, G. still retained the right to use the apartment of her ex-husband-tenant, which allows her to exercise the repeated right to receive housing from the Ministry of Defense minus the part of the living space due to her and her son. And thus she was entitled to 3.2 sq.m. And the excess norm is 32 sq.m. was subject to compensation, G. Appealed to the court with a statement to declare the decision of this decision No. 2/2 illegal.

By the decision of the garrison military court, G.’s demands were satisfied, the decision of the Federal State Institution “Tsentrregionzhilye” was declared illegal, but has not yet entered into force.

At this time, G. once again receives a notification about the provision of housing.

And here the head of the 2nd department of the FKGU “Tsentrregionzhilye”, apparently tired of the legal proceedings, decides to end this story with an enchanting finale.

He independently cancels the previously adopted decision No. 2/2 (without waiting for an appeal) and makes a new decision 2/8 on the refusal to conclude a social tenancy agreement with G. and remove her from the register of those in need of residential premises due to the loss of the grounds giving the right to obtaining residential premises under a social tenancy agreement.

But G. again appealed to the court with a statement to declare this decision No. 2/8 illegal.

Based on the results of the review:

The appellate instance makes a decision that overturns the decision of the first instance court to declare decision 2/2 illegal and denies G.’s demands completely.

The garrison military court makes a decision by which decision No. 2/8 to cancel decision No. 2/2 and remove G. from the queue of those in need is declared illegal.

This is such a judicial leapfrog...

The case materials reached me in such a volume.
It must be said that the trustee at that moment was in complete and absolute despair. The betrayal of a loved one, several years of legal disputes, and lack of housing also affected her health.
The feeling of hopelessness to finally get a decision in her favor and live like a normal person in her apartment seemed to her something unreal and unattainable.

Despite all the positive aspects, the outlook for the case was uncertain.

Cancellation of an appeal decision in cassation, or a chance to “strengthen” the court’s decision in an appeal? Or final failure, because... the last refusal was justified, among other things, by G.’s removal from the queue of those in need of housing.
The risk and responsibility for the decisions made were very high.

I prepared a cassation complaint and objections to the appeal, but initially I thought that I needed to put all the dots in place and finally find out the unambiguous position of the FSUE “Tsentrregionzhilye” on the question: did G. rent out her housing or not and why then was she denied information about this.

This was important. Since the presence of the act confirms that G. fulfilled her obligations, and the refusal is based on the fact that G. did not rent out the housing in the prescribed manner and did not provide a certificate.

An application was submitted, to which a very definite and obvious answer was received: it was not possible to accept housing from G., since the said apartment was transferred to municipal ownership due to the termination of the “military camp” status.

I note that earlier the same official G. proposed to exchange the living space or to determine in court the right to use the specified living space and conclude a separate social rental agreement, which, in the opinion of Z. Chernykh, would allow the rent of the due living space in the prescribed manner.

What can I say? But G. used this attempt too. By the decision of the Kalininsky District Court, she was predictably denied the conclusion of a separate social tenancy agreement.

It’s a vicious circle: “We won’t give you a certificate, you didn’t rent the housing to us, but we can’t accept it, so you won’t get the apartment...”.

The appeal of our complaint in one meeting did not take place. At our request, in support of the arguments for the legality of G.’s inclusion in the list of those in need and the absence of grounds for deregistration, the serviceman’s personal file was requested.

The main arguments for the illegality of the decision were the lack of grounds for deregistering G.:
The right to be registered as those in need of residential premises is retained by citizens until they receive residential premises under social tenancy agreements(Article 55 of the Housing Code of the Russian Federation). Military personnel registered as needing housing after March 1, 2005, retain the right to be registered until they receive residential premises under social tenancy agreements(Clause 10 of the “Instructions on the provision of residential premises under a social tenancy agreement to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation”). As well as the incorrect application of the provisions of Art. 67, 69 of the Housing Code of the Russian Federation, which do not contain rules on the right of a family member of the tenant of a residential premises to demand from the landlord a change in the social tenancy agreement by concluding a separate social tenancy agreement with him, moreover, G. is not a member of her ex-husband’s family at all.

In support of our objections, we attached the act of delivery of the residential premises and receipts for payment for restoration repairs, written instructions on the need for G. to be deregistered, a statement and response from the Federal State Unitary Enterprise "Tsentrregionzhilye" about the impossibility of accepting the residential premises, a court decision on the impossibility of concluding a separate social contract hiring

The appellate instance did not see any grounds for removing G. from the register of those in need of housing and declared the actions of the head of the 2nd department of the Federal State Unitary Enterprise “Tsentrregionzhilye” of the Russian Ministry of Defense illegal, leaving the decision of the court of first instance unchanged.

Literally a day later G. called back and offered to come up to conclude a social tenancy agreement, the trustee withdrew her cassation appeal, probably so as not to frighten off her luck)))

Military personnel have the right to receive a housing certificate:

1. Subject to dismissal from military service upon reaching the age limit for military service, or for health reasons, or in connection with the general military service, the total duration of military service in calendar terms is 10 years or more or 20 years (after the expiration of the contract or by family circumstances specified in subparagraph “c” of paragraph 3 of Article 51 of the Federal Law “On Military Duty and Military Service”).

1. Family members of fallen (deceased) military personnel, citizens discharged from military service, specified in subparagraph “a” of paragraph 5 of the Rules for the issuance and sale of state housing certificates within the framework of the implementation of the Subprogram (approved by Decree of the Government of the Russian Federation of March 21, 2006 No. 153)
2. Citizens living on the territory of closed military camps (included in the List of closed military towns approved by Order of the Government of the Russian Federation of June 1, 2006 No. 752-r), recognized as a participant in the Subprogram by an authorized body or structural unit (clause 4 of Order No. 2050 dated 8.11. 2011)

Procedure for provision

Direct receipt of payments is made on the basis of an application to the housing authority of the Ministry of Defense of the Russian Federation (sample application Appendix No. 1)

Conditions for providing subsidies to military personnel:

To exercise the right to a subsidy, military personnel must:

Sign a contract before January 1, 1998 and be recognized as in need of improved living conditions;

Be dismissed from service (due to deterioration in health, age limit, reduction) with a service period of more than ten years;

Have a military service period of 20 years and use departmental housing;

Be dismissed from service with the provision of departmental housing (if the service period is 10 years).

Required documents to receive a housing subsidy

To take part in the housing subsidy program, a serviceman must first register as a person requiring improved living conditions. To do this, you need to submit a package of documents to the executive body confirming the quantitative composition of the family and the presence of other real estate in the property. Such documents include:

Passport documents of the military, family members;

Certificates of birth of children, adoption, marriage, divorce;

A certificate confirming the duration of military service, service record data, extract from a personal file;

House book, 5-year statement of personal accounts;

Other documents that confirm that the military person is entitled to additional living space.

Documents are reviewed within 20 days, after which a decision is made to register persons requiring improved living conditions (or to refuse).

Appendix No. 1

STATEMENT

ABOUT THE TRANSFER OF HOUSING SUBSIDIES

Please list to me,_________________________________________________________________________

(military rank, full name)

A subsidy for the acquisition or construction of residential premises (living premises), provided in accordance with Article 15 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel” (hereinafter referred to as the housing subsidy).

Passport _________________________________________________________________________________

(series, number, by whom and when issued)

Identity card__________________________________________________________________________

(series, number, by whom and when issued)

Personal number ______________________________________________________________________________

Family composition:

Spouse______________________________________________________________________________

(full name, date of birth)

Children: _____________________________________________________________________________________

(full name, date of birth)

(full name, date of birth)

Other family members: __________________________________________________________________________

(degree of relationship, full name, date of birth)

Bank account details: _________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

My family and I are aware of the following:

1. According to paragraph three of paragraph 16 of Article 15 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel,” the provided housing subsidy can be used exclusively for the purpose of acquiring or constructing residential premises (living premises) under the conditions under which I and the members my family will lose the grounds for recognition as needing housing.
2. The transfer of housing subsidy funds to a bank account is the fulfillment of the state’s obligations to the military personnel to provide him and his family members with housing.
3. I and my family members are subject to deregistration as those in need of housing within 3 days after the amount of the housing subsidy is transferred to the bank account I opened.

Applicant's signature _________________________________

Signature of adult family members

___________________________

___________________________

For a minor ___________________________________

______________________________

The following documents are attached to the application:

Bank account agreement dated “……” ___________ 20___ No.______________

Military personnel must complete the following actions:

Open a bank account to service the subsidy (funds will subsequently be transferred here);

Provide the housing support authority with an agreement on opening a bank account, an application for transferring cash payments to the military personnel to a personal account;

Purchase housing (primary, secondary market) by signing the appropriate agreement.

Deadlines for payment of housing subsidies to military personnel

The timing of payment of subsidies to the military is clearly established by law:

Within ten days after receiving an application from a serviceman, the housing support authority checks the availability of residential real estate for the serviceman / members of his family;

Within ten days after receiving the response, a decision is made to provide subsidies to military personnel and retired persons;

Within three days, the specified decision is sent to the financial support department of the Ministry of Defense of the Russian Federation;

A copy of the decision is issued to the interested person (military personnel, retired citizens, family members) within three days;

The total period for transferring cash payments to a military personnel should not exceed thirty calendar days;

Within three days after the military man was able to receive the funds due to him, the financial authority notifies the housing authority about the payment made.

The legislation provides only one basis for refusal to transfer payments - if the serviceman ceases to belong to the category requiring improvement of living conditions.

The calculation of subsidies for military personnel for the purchase of housing is calculated according to a certain formula:

Subsidy amount = The total area allocated to a military man and his family X standard cost per square meter X correction factors.

Military experience is an indicator that can increase the size of the subsidy. Four categories of military personnel have been defined, to whom, if they have more than ten years of experience, the correction factor:

10-16 years – 1.85;

16-20 years old – 2.25;

20-21 years old – 2.375;

more than 24 – 2.45.

For each subsequent year of service over 21 years, the military personnel are entitled to an increase in the subsidy using an additional factor of 0.075. The maximum correction factor is 2.75.

On the website of the Ministry of Defense there is an online calculator for calculating subsidies - http://mil.ru/files/files/calc/. Here are the necessary explanations and tips - you only need to enter data about family composition, length of service, the right to additional square meters, the visitor is instantly given the final result.

The amount of the subsidy is calculated when funds are transferred. It is on this date that the quantitative composition of the family, length of military service, available space, benefits, rights to additional square meters, and the standard cost of one square meter are taken into account. meters, the area of ​​the selected housing.

1. Residential premises for permanent residence at the chosen place of residence

Provided to military personnel - citizens recognized as needing housing, and members of their families:

a) who entered into the 1st contract for military service after January 1, 1998, provided:

Achieving a total duration of military service of 20 years or more;

Dismissal from military service on preferential terms with a total duration of military service of 10 years or more;

b) who concluded the 1st contract for military service before January 1, 1998 (with the exception of cadets of military professional educational organizations and military educational organizations of higher education):

Upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staffing measures, with a total duration of military service of 10 years or more.

2.1. Residential premises for permanent residence at the last place of military service

Provided to military personnel - citizens recognized as needing housing, and members of their families, subject to the conclusion of 1 contract for military service before January 1, 1998 (with the exception of cadets of military professional educational organizations and military educational organizations of higher education) and completion of military service

Determination of priority when recognizing a military personnel as needing to be provided with living quarters

The authorized body maintains a unified register of military personnel registered as needing residential premises, information from which is posted in the prescribed manner on the Internet information network on the official website of the Ministry of Defense of the Russian Federation (www.mil.ru).

Right to extraordinary security have:

• military personnel subject to dismissal upon reaching the age limit for military service, health conditions or organizational and staffing measures, and recognized as needing residential premises in accordance with Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280;
• military personnel with 3 or more children (clause 17, article 15 of the Federal Law of May 27, 1998 No. 76-FZ);
• family members of military personnel recognized as in need of living quarters and killed (died) during military service (clause 3.1. Article 24 of the Federal Law of May 27, 1998 No. 76-FZ);
• military personnel suffering from severe forms of diseases included in the List approved by Decree of the Government of the Russian Federation No. 378 of June 16, 2006.
• military personnel, citizens whose residential premises are recognized in accordance with the established procedure as unfit for living and are not subject to repair or reconstruction (Clause 2 of Article 57 of the RF Housing Code);

The procedure for providing residential premises (under a social tenancy agreement or free ownership)

Residential premises are distributed by the authorized body to military personnel registered as needing residential premises, in order of priority.

Allocation of living quarters to a military personnel:

- Issuing a notice to a serviceman (a copy is sent to the unit commander);

Serviceman's consent to living quarters (see Procedure for receiving and submitting notices)

Verification of documents, request to Rosreestr (request is submitted to all family members);

Concluding a social tenancy agreement (obtaining a decision on the provision of residential premises for free ownership)

Procedure for receiving and submitting notices

(The procedure is determined by the Instruction on providing military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation, with residential premises under a social tenancy agreement, approved by order of the Minister of Defense of Russia dated September 30, 2010 No. 1280)

Standard for providing total living area

Important! The right to additional total area of ​​residential premises (clause 2 of Article 15.1 of Federal Law No. 76-FZ) in the amount at least 15 square meters And no more than 25 square meters have officers in the military ranks of colonel, equal or higher, undergoing military service or dismissed from military service upon reaching the maximum age for military service, health conditions or in connection with organizational and staffing events, as well as commanders of military units, military personnel who have honorary titles of the Russian Federation, military personnel - teachers of military professional educational organizations or military educational organizations of higher education, military departments at state educational organizations of higher education, military personnel - scientific workers with academic degrees and (or) academic titles.

In addition, the right to an additional area of ​​20 sq. m. m of living space have:

Heroes of Russia

Employees of the Investigative Committee.

The procedure for inspection and occupancy in distributed residential premises

1. Receipt by a military personnel (citizen) of a notice for allocated residential premises.
2. View living space:

Based on the notice, the Management Company provides the serviceman with the opportunity to inspect the residential premises proposed by the housing support body of the Russian Ministry of Defense.

1. The serviceman gives consent or refusal to allocated living quarters. Attention!!! More than 5 days should NOT pass from the date of receipt of the notice to the date of the decision (refusal/consent) of the military personnel
2. In case of agreement with the allocated residential premises, the serviceman collects documents in accordance with the Instructions on the provision of military premises - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation, with residential premises under a social tenancy agreement, approved by order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 (document submission period is 30 days).
3. After reviewing the submitted documents, a decision is made to conclude a social rental agreement with the serviceman/decision to provide ownership of residential premises free of charge.
4. The serviceman provides the Management Company with a copy of the social tenancy agreement/extract from the decision to provide ownership of residential premises free of charge. An inspection report is drawn up, a Service Agreement is signed, and keys are issued.
5. Check-in.

List of regulatory documents:

1. Housing Code of the Russian Federation
2. Law of the Russian Federation dated June 26, 1992 No. 3132-1 “On the status of judges in the Russian Federation”);
3. Law of the Russian Federation of January 15, 1993 No. 4301-1 “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory”
4. Federal Law of March 28, 1998 No. 53-FZ “On Military Duty and Military Service”
5. Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”
6. Federal Law of December 28, 2010 No. 403-FZ “On the Investigative Committee of the Russian Federation.”
7. Decree of the Government of the Russian Federation dated 09/06/1998 No. 1054 “On the procedure for registering military personnel subject to dismissal from military service, and citizens dismissed from military service into the reserve or into retirement and service in internal affairs bodies, as well as military personnel and employees of the State Fire Service who need to obtain residential premises or improve living conditions in their chosen permanent place of residence.”
8. Decree of the Government of the Russian Federation of December 21, 2004 No. 817 “On approval of the list of diseases giving disabled people suffering from them the right to additional living space.”
9. Decree of the Government of the Russian Federation dated March 21, 2006 No. 153 “On some issues of the implementation of the subprogram “Fulfillment of state obligations to provide housing for categories of citizens established by federal legislation” of the federal target program “Housing” for 2015 - 2020.”
10. Decree of the Government of the Russian Federation of June 16, 2006 No. 378 “On approval of the list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment”;
11. Decree of the Government of the Russian Federation of December 17, 2010 N 1050 (as amended on December 30, 2016) “On the federal target program “Housing” for 2015 - 2020”
12. Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 “On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and official residential premises” (together with the “Instruction on the provision of military personnel - citizens of the Russian Federation serving under contract in the Armed Forces Russian Federation, residential premises under a social tenancy agreement”, “Instructions on the provision of service residential premises to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation”)
13. Order of the Minister of Defense of the Russian Federation dated November 8, 2011 No. 2050 “On approval of the Procedure for the formation of lists of citizens participating in the subprogram “Fulfillment of state obligations to provide housing for categories of citizens established by federal legislation” of the federal target program “Housing” for 2011 - 2015, approved by the Decree of the Government of the Russian Federation Federation dated December 17, 2010 No. 1050, registered with the Ministry of Defense of the Russian Federation and who have expressed a desire to receive a state housing certificate in the planned year, registration of citizens living on the territory of closed military camps, registration and issuance of state housing certificates in the Armed Forces of the Russian Federation »
14. Order of the Minister of Defense of the Russian Federation dated July 21, 2014 No. 510 “On approval of the Procedure for providing subsidies for the acquisition or construction of residential premises to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation, and citizens of the Russian Federation discharged from military service "

Judicial practice: Appeal ruling No. 33-3972/2016 dated April 4, 2016 in case No. 33-3972/2016 Moscow Regional Court; Appeal ruling No. 33-4369/2016 dated February 17, 2016 in case No. 33-4369/2016

Service housing for all those in need is one of the types of housing from a specialized fund. Persons whose living space does not meet established standards have the right to receive it; military personnel who are currently serving under contract in the Russian Federation, as well as members of their families indicated in the documents. How you can get this housing, what is needed for this and what are the features of the procedure for obtaining living space - we will consider further.

Procedure for obtaining official housing

While performing military service under a contract, an employee does not have to worry about housing: it is guaranteed to him by the state. In this case, three options for government support are possible:

• Allocation of money for the purchase of housing;
• Allocation of money for housing construction;
• Providing a finished apartment.

Not only the citizen receiving housing, but also members of his family can live in official housing. Housing space, as a rule, is located in populated areas where a military unit is located, or in nearby areas. The need for housing must be reported no later than 3 months after joining the duty station.

Features of the procedure

It should be noted that the provision of official housing to military personnel is controlled by laws and regulations. That is why during the procedure the following features can be noted:

1. When applying, housing is provided in any case. The only peculiarity is that it is not always possible to provide an apartment that corresponds to the recommended area. In such situations, housing may be provided that is smaller in size or located in a different area.
2. Housing is provided to military personnel for the entire period of service.
3. As a rule, a citizen serving under a contract has the right to independently choose the state option. support for obtaining official housing: cash, joining a building cooperative, housing construction, a finished apartment, etc.
4. If the serviceman is a foreigner, then for the period of his service he is provided with a room in a dormitory located in the same locality as the military unit (in military camps).

In the next article we will tell you how to privatize company housing.

Who can't get company housing?

Separately, it should be noted that the following do not have the right to receive official housing:

• citizens who are students in military educational institutions, but do not have an officer rank;
• persons undergoing military service upon conscription;
• foreign military personnel;
• employees who have been dismissed from service and are currently retired.

In addition, if a citizen who is serving under a contract has his own housing in a locality located near a military unit, then he will also not be able to apply for official housing.

List of documents for obtaining official housing

• Passports of the military personnel with members of his family who will live with him. It will only be enough to provide the originals as such, and copies of all pages from the passports will need to be attached to the package of documents;
• Certificate confirming family composition;
• A certificate confirming the marriage or divorce of a military personnel;
• A certificate confirming that the occupied housing at the previous duty station has been vacated;
• A certificate confirming the citizen’s acceptance into service;
• Certificate at the place of service from the BTI body;
• A certificate confirming that the serviceman does not have living space on the territory where the military unit is located.

It should be noted that the participation of a citizen undergoing military service in the NIS (savings-based mortgage system) should not in any way affect the receipt of official housing.

Additional documents

In addition to the main package of documents, additional documents may be required. Despite the fact that such a need is noted in rare cases, you should worry about them in advance:

• A special extract from the service record indicating the date of issue;
• A copy of the contract confirming military service;
• A copy of the order confirming the appointment of a serviceman to the position;
• Other documents, for example, confirming the presence of a dependent child; certificates of the right to additional space, etc.

To avoid any difficulties when preparing documents, it is strongly recommended to have copies of all documents certified by a notary. If this is not possible, then they must be provided with the original.

In addition to a special package of documents, the serviceman will need to write a special report according to the established template. This document is a kind of request to provide a citizen with official housing. The report consists of three parts:

1. "Cap" . This part contains information about to whom the document is sent. For example, the commander, major general.
2. Main part . Here the request for the provision of official housing is indicated directly, as well as information about who will live with the serviceman. In addition, you will need to indicate on what basis you need to be provided with housing: as a rule, this is paragraph 1 of Article 15 of the Federal Law “On the Status of Military Personnel.” Finally, you can indicate that the serviceman does not have housing at his place of duty.
3. Final part . Here you need to put a date, signature, and also clarify what position the serviceman holds.

The report is sent to the destination by registered mail.

If within 30 days after receipt by the addressee there is no action or response, then the letter can be resent or you can appeal to the garrison court with a complaint about the general’s inaction.

The petition in its form approximately resembles a report, but in general the form of its preparation remains free. An important nuance is that you need to know for sure to which authority you need to send the letter of petition. For example, you can send it to the city council or your employer. The application must indicate:

1. The most complete list of reasons why you should be provided with housing.
2. Your personal data, family composition.

A list of documents must be attached along with the application. The entire package will need to be sent to its destination and await a response. If there is no answer or it is negative, then you can challenge it to a higher authority.

The nuances of providing living space

Housing is provided to a military personnel in an official form: this means that the procedure for obtaining real estate may take some time. The difficulties lie not only in selecting a suitable option for the citizen, but also in the further conclusion of all the necessary documents. Among the nuances regarding these documents, the following can be highlighted:

• The concluded contract is urgent. That is, at the end of his service, the serviceman, together with his family, undertakes to leave the premises.
• If a serviceman has housing (or was previously provided with it) in populated areas located near a military unit, if possible, he should be provided with housing located in close proximity to the military unit.
• In a situation where during the course of service the number of people living in the living space has decreased, the employee is provided with other housing, smaller in area.
• Once the employee is given the opportunity to choose a locality for residence.
• In situations where the authorities providing housing urgently require it back (that is, residents living in the area need to be evicted), they are provided with other housing with a similar area.
• New service living space can be provided only after the old one has been handed over.

If you have a large family, then you can get housing under this program.

Service housing for military personnel (video)

A specialist from the following video will help you objectively consider the problem of obtaining official housing, as well as give answers to the most common questions:

All rules and features of living in service housing are described in a pre-concluded contract. Some of them can be discussed and adjusted in advance.

Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280
"On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and office residential premises"

With changes and additions from:

In order to organize in the Armed Forces of the Russian Federation activities for the implementation of the right to housing for military personnel - citizens of the Russian Federation performing military service under a contract, by providing them with residential premises under a social tenancy agreement and official residential premises, I order:

Approve:

Instructions on the provision of residential premises to military personnel - citizens of the Russian Federation, serving under a contract in the Armed Forces of the Russian Federation, under a social tenancy agreement (Appendix No. 1 to this order);

Instructions on the provision of service living quarters to military personnel - citizens of the Russian Federation, undergoing military service under a contract in the Armed Forces of the Russian Federation (Appendix No. 2 to this order).

It has been determined how contract military personnel are provided with living quarters (under social tenancy agreements and office premises).

In order for a military person to be recognized as needing housing, which is provided under the specified agreement, you need to submit an application. The documents that are attached to it are listed.

A military person cannot be recognized as needy until 5 years have passed after he deliberately worsened his living conditions.

In the event that not all documents are submitted, a notification is sent to the military officer. If the materials are not submitted within 30 days after receipt, registration will be denied.

The bases for removal from it are fixed.

Residential premises are distributed in order of priority. It is established based on the dates of registration, and if they coincide, taking into account the total duration of military service.

If individuals do not agree with the provision of distributed housing, they submit refusals.

Service housing is provided in settlements where military units are located. If this is not possible, then go to nearby ones. Duration - no later than 3 months from the date of arrival at the new duty station.

You must submit an application and a number of documents. Those who submitted them are included in the list. They are provided with official housing on a first-come, first-served basis. A rental agreement is concluded.

Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280 “On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and office residential premises”

Registration N 18841

This order comes into force 10 days after the day of its official publication

This document is amended by the following documents:

Order of the Minister of Defense of the Russian Federation of November 30, 2017 N 739