22.11.2019

Providing housing at dismissal from military service. Available state guarantees with servicemen in the form of providing housing during dismissal. we are in social networks


Preface

I often receive letters of approximately such content.

"Hello, Sergey.

Accidentally hit your site. I also have a problem. And for some reason I am confident that in our state it will need to decide through the court. The essence is.

From the certificate, I already refused both from unnecessary venture. I want to get an apartment, as our predecessors did in the old good times, but of course not from the municipalities, but from the Ministry of Defense, on the Federal Law "On Status .." Art. 15, p. 14 (on the elected place of residence for permanent residence). The mechanisms are completely not worked out on this topic (the resolution 1054 is no longer valid), so it will have to do.

Housing at the place of service is provided and this makes it difficult for my position, because All current burning legislation for those in need.

If you can help with the Council, namely: how to write a report before dismissal at the maximum age (which specifically indicate it, for example, leave the part in the lists before receiving housing or something else); What to do if they refuse or pull with this question; Maybe there are any examples from judicial practice ... etc.

I apologize for the surface of the clarification, because Not sure that you are still engaged in help. If there is a contact with pleasure, I will continue thoroughly. Thank you in advance".

Debriefing

To begin with, "turn to primary sources." I will give the main rules on the problem under consideration and comment on the course (color is highlighted key points).

Abz 3 p. 1 Art. 15 FZ "On the status of servicemen":

"... servicemen who concluded the passage of passage military service until January 1, 1998 (with the exception of cadets of military educational institutions vocational education), and the members of their families living with them for the first five years of military service are provided service residential premises or hostels. With the continuation of military service over the specified deadlines. residential premises are provided on general reasons.".

conclusions

1. Included in contracts until 1998 in five years of service can get housing for social hire, and thus when they dismissal they will be considered secured housing. Unless, of course, it complies with the standards. ... and may not get; In this case, during the service period, they are provided housing in common order: hostel, service, dodge, bompers ...

2. If the serviceman to concluded a contract until 1998, during the military service of the housing in the social carrier is not provided, it can - depending on the prosperous scenario of the stars - to provide when dismissal. , only social.

Just in case, I pay attention: Nowhere in law it is said that the contractors have become the contractors until 1998 have an unconditional right to housing at dismissal, even if they served 10 years or more. Simply there are more who are confident in the opposite. This category of military personnel, the right to housing occurs only when dismissal on the "preferential formula": 10 years of service + one of the three bases (OSHM / disease / perdelle age:). Even the length of 20 and more years does not matter: you do not have one of the grounds, the housing is not allowed at dismissal. Those. When serving 20 years and more, dismissal not by "preferential formula", a soldier who has concluded a contract until 1998, has no right to residential premises. So it goes. (Can you prove the opposite?). Another question is that such in life is almost not found, but nevertheless ...

"Servicemen - citizens provided for the entire service life of service residential premises, upon reaching the total duration of military service 20 years or more, and when dismissal With military service upon reaching the limit age at military service, a state of health or in connection with organizational and staff activities with a total duration of military service for 10 years and more residential premises are provided in the selected permanent place of residence. in the manner determined by federal laws and other regulatory legal acts. Military personnel - citizens not listed in this paragraph, when dismissing from military service, liberate official residential premises in the manner determined by the housing legislation of the Russian Federation. "

It is necessary to note here that this rate appeared in the law only in 1998, when it exits it new edition, with the introduction of such a category of servicemen, as "provided for the entire military service for service residential premises" (see Art. 15 of the Law "On the status of servicemen" in 1993 - there is no such category).

conclusions

1. I suffered a contract after 01.01.98 housing can only be provided with property. This benefits are not in servicemen who have entered into a contract until 01.01.98 (except in cases of housing through GJD).

2. The soldier (for the totality of the norm of Art. 23 and indicated here - regardless of the conclusion of the contract, before or after 01.01.98) has the right to get housing in the settlement in which he wants. In any. The main thing here is to dismiss on the "preferential formula".

3. The most interesting moment, about which today, no one is thinking about: if three preferential reasons be dedicated from military service providing housing to property only at the very moment of dismissal, Persons with 20 "calendars" housing in property are obliged to provide directly during the service. And in any elected settlement! Cool!!!

(In the third pin - the draw: there are no such servicemen in nature; you can take a look at them only in January 2018 (either earlier for the number of years as he served before the conclusion of the contract). In the meaning of this norm under the faces "provided for the whole The term of military service by official residential premises "is understood by those who concluded a contract starting from 01.01.98. Who has happened? - admit :).

Following. Abz 1 p. 2 art. fifteen:

"Housing and the acquisition of residential premises for citizens' servicemen are carried out at the expense of funds federal budget The federal executive bodies in which military service is provided. Providing residential premises of civilian citizens to be dismissed from military service after January 1, 2005 is carried out at the expense of the federal budget by federal executive bodies. "

P. 14 Art. fifteen:

"Providing residential premises of civilian citizens who have a total duration of military service of 10 years or more when dismissing from military service Upon reaching the limit age at military service, health state or in connection with organizational and staff activities and their families when changing the place of residence is carried out by federal executive bodies, which provide for military service, at the expense of the federal budget for construction and acquisition residential premises, including by issuing government housing certificates. The right to provide residential premises in these conditions is provided to the specified citizens once. Documents on the delivery of residential premises to the Ministry of Defense of the Russian Federation (a foreign federal executive body, in which the Federal Law provides for military service) and withdrawing from registration, at the same place of residence, seemed by these citizens and jointly living with them to their families upon receipt of residential premises place of residence. "

conclusions

1. Apartment contentment both during the period and when dismissal from military service, is assigned solely on the Ministry of Defense, incl. and when changing the place of residence. So housing in any case can only be obtained through its V / h.

2. First authorized body The issue of the provision of housing is being decided, then, when issuing documents for its receipt, - withdrawal from registration and delivery of housing at the same place of residence. I remind you that at the moment of receiving a residential premises today it is implied to the conclusion of a contract of social hiring of residential premises, while the extradition of the order was considered on the old LCD.

Special opinion

The certificate is really - the undertaking is not from the best. Nevertheless, even them take on the periphery, because they are confident that nothing else is shining in the coming years. They come according to the famous saying: better tit in hand than duck ... i.e. than a crane in the sky. These are urban lit up: they only give them in kind, and only in the Arbatsky Military District :). (The procedure for obtaining and implementing the GZHS is determined by the relevant decree of the Government of the Russian Federation. The conversation on this issue will be submitted in a separate topic). The main thing here is to remember that participation in the GZH program is exclusively voluntary.

"Servicemen - citizens passing the military service under the contract, the total duration of military service of which is 20 years and more not secured at the time of dismissal with military service by residential premises, cannot be excluded without their consent from the list of waiting to receive residential premises (improvement of housing conditions) in the latter before saving the place of military service and are provided by residential premises in accordance with this Federal law, federal laws and other regulatory legal acts of the Russian Federation.

Specified the procedure for providing residential premises is distributed And on military personnel - citizens dismissed from military service upon reaching the limit age at military service, health state or in connection with organizational and staff activities, the total duration of military service of which is 10 years and more. "

Abz 2 p. 1 Art. 23:

"Servicemen - citizens, the total duration of military service of which is 10 years and more in need of improvement of housing conditions on the standards established by federal laws and other regulatory legal acts of the Russian Federation, without their consent can not be fired from military service Upon reaching the limit age at military service, the state of health or in connection with organizational and staff events without providing them with residential premises. If you wish these military personnel, it is not provided at the place of dismissal from military service, they are provided by residential premises in a selected place of permanent residence in the manner prescribed by paragraph 14 of Article 15 of this Federal Law. "

conclusions

1. If the soldier agrees to quit follow-up By providing it with housing (this also happens, "there is never any circumstances, who has any circumstances), then from the lists of crashes to his apartment, if he himself does not specifically ask him. Those. By default, the command is required to leave the serviceman in the queue, respectively, in the report it is not necessary to indicate this. According to law. And in life - require. So, it is better to write, - to the military without reporting it does not reach ... :)

If a soldier agrees to exclude not only from the lists of the part, but from the list of crashes, then it will not receive housing at all (because it fully agrees that it does not need anything).

2. If the soldier is recognized as needing improvement of housing conditions, it cannot be dismissed (exclude from the lists of part), if he does not specifically ask himself.

Special opinion

If there is housing at the place of service on established standards, the serviceman is freely dismissed from military service, regardless of the desire to get such on another elected place of residence. In the law, it is not said anywhere that if you want to get housing in another settlement, then you automatically consider it in need of improving housing conditions. The only norm uniquely regulating this issue is the above (paragraph 2 of paragraph 1 of Art. 23), and it speaks about the opposite: only if it is recognized as needing. On the other hand, there are small "hooks" ones (all are given above), which make it possible to assume the right to receive housing on the newly elected place of residence, even regardless of what is already provided on the established standards at the place of service.

It is on this problem that the receipt of housing in the newly elected place of residence - "worked" the Decree of the 1998 Government No. 1054, as well as the Federal Law "On Status" in the former editorial office, by which local governments were prescribed to register for those in need of military personnel from other settlements. This resolution today does not actually work (due to the corresponding changes in the Federal Law "On Status", because it was published in its development), although not canceled.

Special opinion

I must also say that even housing And lawyers do not really know (not everything, of course), - it should be housing or not if the serviceman is provided at the place of service, but wants to get in the new selected. This also includes situations where unsecured housing soldier who has concluded a contract until 01.01.98, with a length of 20 years and more, dismissed not on the "preferential formula" wants to get housing. And this is the very case when you can with all the strength "pull the blanket on yourself", not embarrassed and rudely working with elbows. The stupid and fear of personpathic, really dealing with dismissal issues. If they are not confident in their rightness, even despite the positive opinion of the lawyers, they will postpone the date of dismissal to infinity.

Examples for fixing

A. Provided by housing on established standards for the place of service

The date of conclusion of the contract does not matter. Dismissal on the "preferential formula" or at a length of 20 or more years. Under the pretext of the desire to get housing in another location, you can try to stay in the lists of the part, or in the lists of waiting. With all the ensuing ...

We will talk like this: it is not quite logical, but almost legitimate. It is not logical - because on housing legislation, only in need recognized as such are provided. Legally, because there is the theoretical right to change the place of residence during dismissal. Here are the key points of this issue.

B. Housing is not secured, recognized as needing, consist in line

Contract after 01.01.98

1. Speed \u200b\u200bless than 20 years. Dismissal on any basis, except for three preferential. Housing is not supposed, the remaining in the queue at the military unit is not supposed.

2. SERVICE 20 years and more. It should be in property in any populated area, regardless of the place of service, and on whether you will continue to serve or dismiss (at the place of service it is still obliged to provide at least official). If dismissal without the provision of housing is elected, then you can stay in the queue at the military unit.

3. SERVICE 10 years and more. Dismissal one of three preferential grounds. Leen housing in ownership. If dismissal without the provision of housing is elected, then you can stay in the queue at the military unit.

Contract until 01/01/98.

4. Speed \u200b\u200bless than 10 years. Dismissal on any reason. Housing is not supposed, the remaining in the queue is not supposed.

5. Speed \u200b\u200bfrom 10 to 20 years. Dismissal on any basis, except for three preferential. Housing is not supposed, the remaining in the queue is not supposed.

6. Large 20 years or more. Dismissal on any basis, except for three preferential. Housing is not supposed, but you can stay in the queue at the military unit.

7. SERVICE 10 years and more. Dismissal one of three preferential grounds. There is a housing for social hire. If dismissal without the provision of housing is elected, then you can stay in the queue at the military unit.

If there is something to say - in the comments. Questions and discussion -.

Provided by housing on established standards at the service site, the date of concluding contract does not matter. Dismissal on the "preferential formula" or at a length of 20 years or more. Under the pretext of the desire to get housing in another location, you can try to stay in the lists of the part, or in the lists of waiting. With all the resulting ... We will talk like this: it is not quite logical, but almost legitimate. It is not logical - because on housing legislation, only in need recognized as such are provided. Legally, because there is the theoretical right to change the place of residence during dismissal. Here are the key points of this issue. B. Housing is not secured, recognized as needing, consists in the queue contract after 01.01.98 1. SERVICE is less than 20 years old. Dismissal on any basis, except for three preferential. Housing is not supposed, the remaining in the queue at the military unit is not supposed. 2. SERVICE 20 years and more.

Housing servicemen when dismissal

Which of the servicemen is the apartment? The legislation provides for various procedures for providing military personnel by residential premises. First of all, servicemen who do not have housing at the site of military service should be provided with service housing within three months.


The right to receive residential premises to the property or on the terms of a social hire agreement has military personnel recognized as needed in residential premises to achieve the total duration of military service 20 years or more, as well as subject to dismissal or dismissed due to the achievement of the maximum age in service, Health or due to organizational and staff activities, the total duration of which is 10 years and more.

Giving housing former servicemen

So it goes. (Can you prove the opposite?). Another question is that in life it is almost not found, but nevertheless ... we are going on. Abz 12 p. 1 Art. 15: "Military personnel - citizens provided for the entire military service for service residential premises, to achieve the total duration of military service 20 years and more, and when dismissing with military service to achieve the limit age at military service, health status or due to Organizational and staff activities with the total duration of military service are 10 years old and the ownership of residential premises is provided in the selected permanent place of residence in the manner determined by federal laws and other regulatory legal acts.

Article 15. The right to housing

It should be in property in any populated area, regardless of the place of service, and on whether you will continue to serve or dismiss (at the place of service it is still obliged to provide at least official). If dismissal without the provision of housing is elected, then you can stay in the queue at the military unit.
3. SERVICE 10 years and more. Dismissal one of three preferential grounds. Leen housing in ownership. If dismissal without the provision of housing is elected, then you can stay in the queue at the military unit.


Contract until 01.01.98 4. Saving less than 10 years. Dismissal on any reason. Housing is not supposed, the remaining in the queue is not supposed.
5. Speed \u200b\u200bfrom 10 to 20 years. Dismissal on any basis, except for three preferential. Housing is not supposed, the remaining in the queue is not supposed. 6. Large 20 years or more. Dismissal on any basis, except for three preferential.

Providing housing servicemen when dismissal

Definition of the CPI07-30, in which, in the rationale of the concluded that paragraph 17 of Article 34 does not contradict Article 23 of the Federal Law, among other things, it specifies that if a serviceman is provided at the place of military service for military service and elected place when dismissing from military service Residences other than the last service station, it can be dismissed from military service (generally strange logic, if you are provided at the place of service by any housing (I remind you that service housing is provided only for the period of military service, dismissal from military service is the basis To stop the contract of hiring a specialized residential premises, to which a service apartment refers) and you want to get an apartment in the same settlement You can not dismiss you, and if you want to get an apartment where you have nowhere to live - it is legal.

Housing receiving servicemen guaranteed by the state

The right to provide residential premises in these conditions is provided to the specified citizens once. Documents on the delivery of residential premises to the Ministry of Defense of the Russian Federation (a foreign federal executive body, in which the Federal Law provides for military service) and withdrawing from registration, at the same place of residence, seemed by these citizens and jointly living with them to their families upon receipt of residential premises place of residence. "

Info

Conclusions 1. Apartment allowances, both during the period and when dismissal from military service, is assigned solely on the Ministry of Defense, incl. and when changing the place of residence. So housing in any case can only be obtained through its V / h.


2.

On the right of military management authorities to dismiss without housing

If the military person who has concluded a contract before 1998, during the military service of housing in social carrier is not provided, it can - depending on the prosperous scenario of the stars - to provide when dismissal. The property is not supposed, only social. Just in case, I pay attention: Nowhere in law it is said that the contractors have become the contractors until 1998 have an unconditional right to housing at dismissal, even if they served 10 years or more.

Attention

Simply there are more who are confident in the opposite. This category of servicemen the right to housing occurs only when dismissal on the "preferential formula": 10 years of service + one of the three bases (Oshm / disease / Perdel age :). Even the length of 20 and more years does not matter: you do not have one of the grounds, the housing is not allowed at dismissal.


Those.

Providing housing dismissed servicemen

On the right of military management bodies to dismiss without the provision of housing on the specified question, everything was clear and understandable until June 20, 2007. Before this date it was believed that it was prohibited without any reservation to dismiss servicemen without their consent to providing housing, including in cases When a soldier lived in a service apartment (we recall that the service residential premises is given for the period of military service, at the end of which, the soldier must free it and this is directly indicated in P.
18 typical treaty Hiring a service residential premises (approved by the Decree of the Government of the Russian Federation of January 26, 2006 No. 42) that the specified contract of hiring a service residential premises ceases with the end of the service life) and did not agree to dismissal before providing residential premises in favorites of their residence.
FZ "On the status of military personnel": "... the servicemen who concluded a contract for military service before January 1, 1998 (with the exception of cadets of military educational institutions of vocational education), and all-living military services are provided with the members of their families for the first five years of military service. Rooms or hostels. With the continuation of military service over the specified deadlines, they are provided with residential premises on general reasons. " Conclusions 1. Started contracts until 1998 in five years of service can get housing on social hire, and thus when they dismissal they will be considered secured housing. Unless, of course, it complies with the standards. ... and may not get; In this case, during the period of service, they are provided with housing in general order: hostel, service, dodge, bompers ... 2.

The procedure for providing housing servicemen when dismissing

It should be noted that obtaining a subsidy for the purchase of housing, participation in the mortgage program and receiving a state housing certificate as an alternative to the right to receive apartments directly, is carried out on voluntary basisonly if the serviceman himself expressed this desire. 2. What is the procedure for recognizing that servicemen need residential premises? The procedure for the recognition of military personnel in need of improvement in housing conditions is established in the Decree of the Government of the Russian Federation "On the procedure for accounting for military personnel to be dismissed from military service, and citizens dismissed from military service to a resignation and service in the internal affairs bodies, as well as military personnel and staff of state Fireless service in need of obtaining residential premises or improving housing conditions in a selected permanent place of residence. "

According to current legislation, military personnel refer to the special category of citizens, the status of which is defined by the Federal Law No. 76, and which the state is guaranteed. It is carried out in several programs, including both the issuance of apartments in natural form and the provision monetary subsidy For the purchase of real estate. Citizens who arrived at the location of the service, as well as the accompanying family members, are obliged to provide housing on which there is eligible for the service.

It includes that in the absence of the possibility of issuing service housing, the military has the right to, as a result of which monetary compensation is provided, in the sizes defined by legislative acts.

In addition, certain categories of citizens serving in the army can be issued housing under a social hiring agreement, which in time he will be able to privatize.

However, it is not always possible due to the departmental affiliation of the Earth and the real estate of the Ministry of Defense.

Military rights for living space

How to be in the case of the dismissal of a serviceman with a service apartment? The official room cannot be transferred to his property, since according to the law it is issued only for the service life, besides, such apartments are usually located in closed towns.

Therefore, when dismissal, the order of delivery of official housing servicemen and members of their families envisages the liberation of the housing occupied no later than 3 months after dismissal.

But, receiving a service apartment, their owners retain rights:

  • for five years on residential premises, where they previously lived.
  • they cannot be excluded from lists of persons who need housing.

The latter gives them the right to participate in military Mortgage Or getting hard to buy real estate.

In addition, in the Service Fund, it gives the right to receive real estate under the social hiring agreement, which are issued by the state on the basis of the queue.

Apartment to the servicemen at dismissal is issued in the case of:

  • Recalling retirement to achieve their military service experience at least 20 years.
  • Dismissal upon reaching the experience of 10 years, according to the following circumstances: the achievement of maximum age and Oshm.

The apartment is provided in any region of the country according to the provisions of the living space. The remaining categories of the military exempt residential premises without providing residential premises.

For example, if an employee under a contract and not provided by residential premises, which has a service from 10 to 20 years, is dismissed due to the failure to fulfill the terms of the contract, the benefits of receipt of the living space or the subsidy for its acquisition are lost.

Providing residential area

Military, having a service of 10 or more years, dismissed on Oshm, the state of health, the achievement of maximum age, which were taken to account until 01.01.2005, as in need of residential area can qualify for:

  1. Property Property
  2. Provision of real estate under the COC Treaty. hiring
  3. Approaching real estate or construction.

Supporting a contractor can choose any form of providing residential real estate, which is carried out at the expense of budget funds. Depending on the specific situation and the forms of the exhaust, housing servicemen are provided to the reserve on the basis of existing standards. , enshrined in legislation, in accordance with the reasons for termination of the service. For example, available in the landlined LCD "Suvorovsky".

Separately, it is worth saying that it is also enshrined.

When receiving an apartment, its dimensions are calculated on the basis of the standards of living space established by law. Upon receipt of the subsidy, the amount of it is calculated on the basis of the same rate of living space and the experience of military service in the calendar calculation, without taking into account preferential experience.

To execute the contract of the Sociality, the military-wait must submit a report on the release of official premises, because before the service of the office, the contract of the SOC. Hiring concluded cannot be (according to paragraph 18 of the instructions from 09/30/2010 N 1280).

It turns out that, having a service of 10 years or more, dismissed on the above grounds, obliges a service housing occupied by him and family members, before the allocation of another living space to the property or under the social contract, as well as subsidies for its acquisition.

However, in this case, according to Article 14 of the Federal Law No. 76, servicemen listed in the lists in need of improving housing conditions until 01.01.2005 have the right to receive compensation, the size of which is determined by the government.

Reserve without providing living space

In accordance with the Federal Law "On the status of military personnel", it is necessary if they were recognized as needed in living space and put on the queue until 01.01.2005. In addition, if they have 3 or more children in the family, then the amount of payments increases by 50%.

And also dedicated to military service, they often ask the question: can the serviceman can dismiss without housing?

So, dismiss the military without the provision of living space can:

  • If service experience is less than 10 years old
  • If the length of service is from 10 to 20 years, reserving care for reasons not related to Oshm, health status and maximum achievement.
  • If a soldier agrees to such dismissal.

Defender of the Fatherland, which has experience from 20 years and more, dismiss without providing residential area is not eligible, this category of servicemen is subject to providing the laid residential area in any case.

The legislation provides for various procedures for providing military personnel by residential premises.

First of all, servicemen who do not have housing at the site of military service should be provided with service housing within three months.

The right to receive residential premises to the property or on the terms of a social hire agreement has military personnel recognized as needed in residential premises to achieve the total duration of military service 20 years or more, as well as subject to dismissal or dismissed due to the achievement of the maximum age in service, Health or due to organizational and staff activities, the total duration of which is 10 years and more.

Certain categories of servicemen have the right to receive a state housing certificate, social benefits for the purchase of housing, to become a member of the accumulative and mortgage system of housing services of military personnel.

It should be noted that the receipt of a subsidy for the purchase of housing, participation in the mortgage program and receiving a state housing certificate as an alternative to the right to receive apartments directly, is carried out on a voluntary basis, only if the serviceman himself expressed such a desire.

2. What is the procedure for recognizing that servicemen need residential premises?

The procedure for the recognition of military personnel in need of improvement in housing conditions is established in the Decree of the Government of the Russian Federation "On the procedure for accounting for military personnel to be dismissed from military service, and citizens dismissed from military service to a resignation and service in the internal affairs bodies, as well as military personnel and staff of state Fireless service in need of obtaining residential premises or improving housing conditions in a selected permanent place of residence. "

To this end, the soldier submits a report to the commander of the military unit with the application of documents confirming the need of residential premises. The list of documents is approved by the Government.

Based on the report and applied documents, a decision is made to form a military personnel to receive a residential premises.

The Military Commissariat includes a serviceman to the list of waiting for residential premises or improving housing conditions and directs a copy of the list and originals of documents received from the commander (chief) of the military unit to the appropriate body of local self-government.

3. What is the procedure for providing housing to the ownership of military personnel?

Accommodation is provided with a serviceman in order of registration.

4. On what basis can you deprive the serviceman of the right to housing?

If the soldier independently solved the housing problem.

However, in practice, there are cases when the serviceman is excluded from the lists of needy or generally refuse to record on formal grounds, for example, there is no help on unsecured service housing at the same place of service. And the help of such a possibility is absent, because due to the numerous reorganizations of the archives are lost. Then the question is solved in judicial order.

5. Are there any benefits for housing for military personnel?

Family members of the dead military personnel are provided compensation payment For housing and utilities.

6. How many square meters is the serviceman?

Residential premises are provided with a military personnel at the rate of 18 sq.m. common Square per family member. This norm can be increased no more than 9 sq.m. Common area of \u200b\u200bthe apartment.

7. Is it possible to housing members of the military personnel in the case of his death? If it is put, then what is the provision of housing?

First, members of the families of military personnel who lost the breadwinner cannot be evicted from the residential premises they occupy without gratuitous providing them with another well-maintained residential premises in case of termination of family members labor relationship With the relevant organizations, after them after the death (death) of the military personnel, the right to improve housing conditions remains.

For members of the families of military personnel who died (deceased) during the passage of military service, and members of citizens who held military service under the contract and the dead (dead) after dismissal from military service upon reaching the limit age at military service, health states or due With organizational and staff activities, the total duration of the military service of which is 20 years and more, the right to receive residential premises is preserved. At the same time, the residential premises to these persons are provided as a priority.

The provision rate of housing is the same as for military personnel - 18 sq.m. On a family member, taking into account the peculiarities of the residential premises, this area can be increased by no more than 9 sq.m.

8. What value is the servicemen for the purchase of housing?

If we are talking about housing certificates, the cost of housing purchased using a certificate is calculated on the basis of the total square meters of the total area and the value of the cost of 1 sq.m. The total area of \u200b\u200bhousing in the Russian Federation.

The standard of the total area of \u200b\u200bresidential premises for calculating the size of the social payment is set in the following amount:

  • 33 square meters. m - for a lonely resident citizen;
  • 42 sq. M. M - on a family of 2 people;
  • 18 square meters m for each family member with a family of 3 people and more.

Considered and right to additional area some categories servicemen in the amount of 15 sq.m.

Standard value of 1 square. The total housing area for the Russian Federation is determined 1 time in the six months of the authorized government of the Russian Federation by the federal authority of the executive branch.

To date, the value of the cost 1.Kv.m. The total area in the Russian Federation approved in the amount of 28,000 rubles.

Thus, for example, on a family of two people, the state provides a housing certificate for the purchase of housing worth 1176,000 rubles, if the purchased apartment is more expensive, pay extra from their own pocket.

9. What is the purchase system for military personnel?

Military and members of their families, registered as needing improvement in housing conditions, residential premises are provided from the Housing Fund of the Ministry of Defense of the Russian Federation.

This housing foundation includes premises coming from housing construction Ministry of Defense and the Ministry acquired by the Ministry of Defense received from the federal executive bodies, the executive authorities of the constituent entities of the Russian Federation and local governments in the houses of the State and Municipal Housing Fund coming from re-equipment non-residential premises Ministry of Defense.

The distribution of applicants to the military unit of residential premises between military personnel is produced housing Commission military unit in order of priority based on time to record and inclusion in the lists in need of obtaining residential premises (improvement of housing conditions).

10. How many appeals to you have come from servicemen about housing?

Most often, the treatment of military personnel is associated with illegal dismissal without providing residential premises.

The fact is that servicemen recognized as in need of improving housing conditions having a total duration of military service of 10 years and more, without their consent, cannot be dismissed from military service upon reaching the limit age at military service, health states or due to Organizational and staffing events without providing them with residential premises.

Currently, massive dismissal of servicemen in connection with the reduction of military personnel is held. Under such circumstances, naturally housing is missing at all.

In some cases, there are reasons for refusing to register as needing, sometimes people "convince" to take advantage of housing certificates.

We would advise military personnel to clearly express their disagreement with the upcoming dismissal due to the insecurity of housing in conversations with the bosses and in reports.

Illegal dismissal without providing housing should be challenged in court, while ask not only to restore in the lists of personnel, but also payments for all types of contentment during illegal dismissal.

There are problems in issuing government housing certificates.

11. Does the soldier have the right to receive additional housing and under what circumstances?

If the military personnel is provided, it has the right to provide official housing in the event that its service passes in another area.

See also other materials on the topic in the heading "Rights of servicemen"

Olga Ostrokhova, CEO "Legal Center" Logos ", 11.08.2010,


The procedure for providing housing servicemen in case of dismissal


What is the order of recognition in the fact that military personnel need residential premises? The procedure for the recognition of military personnel in need of improvement in housing conditions is established in the Decree of the Government of the Russian Federation "On the procedure for accounting for military personnel to be dismissed from military service, and citizens dismissed from military service to a resignation and service in the internal affairs bodies, as well as military personnel and staff of state Fireless service in need of obtaining residential premises or improving housing conditions in a selected permanent place of residence. " To this end, the soldier submits a report to the commander of the military unit with the application of documents confirming the need of residential premises.

Providing living space when dismissing from service

15 FZ №76 The state is obliged to contribute to the property or under the contract of the Sociality of the apartment in the federal property. The apartment is provided in any region of the country according to the provisions of the living space. The remaining categories of the military exempt residential premises without providing residential premises. For example, if an employee under a contract and not provided by residential premises, which has a service from 10 to 20 years, is dismissed due to the failure to fulfill the terms of the contract, the benefits of receipt of the living space or the subsidy for its acquisition are lost. Providing a residential area military, having a service of 10 or more years, dismissed on Oshm, a state of health, the achievement of maximum age, which were taken to account until 01.01.2005, as those who need residential space can apply for: Property Property, Property Provision Treaty of social

5 ways to obtain housing servicemen


In other words, the process of transferring apartments to the ownership of military personnel is invited to alleviate. On the one hand, the provision of residential premises in the property is free of charge most convenient and "economical" for military personnel means of providing housing. At the same time, there are risks here.

Suppose the house was built, commissioned, but the Ministry of Defense does not take apartments for several years to transfer them to a serviceman.

And in some cases, the court recognizes this measure substantiated. Let us dwell on these nuances in more detail. So, each soldier for a period of stay in a military town is provided by a service apartment, respectively, when dismissing it will be free. But where to go not only to the officer yourself, but also members of his family? Obtaining service housing retains them for five years the right to the former housing, and also leaves them in the lists of waiting in the category of living in those who need housing or improving its conditions.

Housing receiving servicemen guaranteed by the state

Where the procedure for granting a service house or apartment, its content and liberation is determined. Contract servicemen, are provided by their desire the right to join the housing and construction cooperatives or to get them land plots For the construction of individual residential buildings. Servicemen who are held by the military service under the contract, and members of their families who arrived at the new place of military service, before receiving residential premises on the standards established by federal laws, are recorded at the place of residence, including at their request to the addresses of military units.

Housing for servicemen 2015-2016: Options, procedure for receipt, norm


After the contract is completed or when transferring to another service, the serviceman frees a residential premises.

The first and most common option to purchase an apartment to the property is to participate in the accumulative and mortgage system established in 2004. The essence of the program is that from the moment of receipt by the contract under the contract, the serviceman begins to participate in such a system.

Getting housing servicemen when dismissal


2 p. 1 Art. 23 of the Federal Law "On the status of military personnel" of May 27, 1998 No. 76-ФЗ military personnel - citizens of the Russian Federation, the total duration of military service of which is 10 years and more, in need of improving housing conditions on the standards established by federal laws and other regulatory legal legal Acts of the Russian Federation, without their consent, cannot be dismissed from military service to achieve the limit age at military service, or in connection with organizational and staff events without providing residential premises.

What conditions are accommodated with servicemen?

Russian legislation relates military personnel to a special category of citizens who are guaranteed to ensure housing conditions, and the current order does not allow to make dismissal without providing housing. It is assumed that not only the apartment or house itself will be provided, but also payments equivalent to cash.

Arrived officers and their families during the quarter should be provided with a premises for staying for the entire period of service in this garrison. If this is not possible for any reason, it is allowed to rent an apartment with subsequent compensation of incurred costs. The magnitude of this payment is also regulated by regulatory legal acts.

Accommodation can be granted both within social hiring while maintaining the possibility of subsequent privatization. But if the residential foundation is located in a closed military town, then it will be extremely difficult to make it, as objects are owned by the Ministry of Defense.

Right to the provision of housing


Despite such a complete security of the right of a serviceman for housing, cases of dismissal without housing are not rare. And in some cases, the court recognizes this measure substantiated. Let us dwell on these nuances in more detail. So, each soldier for a period of stay in a military town is provided by a service apartment, respectively, when dismissing it will be free. But where to go not only to the officer yourself, but also members of his family?

Obtaining service housing retains them for five years the right to the former housing, and also leaves them in the lists of waiting in the category of living in those who need housing or improving its conditions. Thus, the termination of the service in the ranks of this military unit retains the right to participate in the military mortgage programs Or get a one-time monetary payment for the purchase of a residential property.

If the serviceman upon arrival in the part declined to occupy a service apartment, then he, in turn, will be allocated housing under a social hiring agreement. Guaranteed to get from the state the apartment can servicemen, whose dismissal is connected one of the following reasons:

  • military service experience is at least 20 years, and the termination of relations is associated with retirement;
  • the service is 10 years old, and the basis for dismissal has become organizational and staff activities (reducing states in civil service) or achieving a marginal officer for the execution of military duties.

Only in these cases can be counted for housing to property or under a social employment contract in the region of the country that will be elected for subsequent residence. At the same time, the area of \u200b\u200bthe future apartment is calculated on the existing housing standards in proportion to the number of family members.

In all other cases, dismissal occurs without the provision of housing and with loss of benefits to receive a subsidy. So, if the order is marked by violation of the terms of the contract, the provision of housing at the expense of public funds becomes impossible.

The procedure for providing housing


If the length of service is more than ten years, the dismissal was forced - according to medical reasons, age limit or as a result of organizational and staff activities, and the posting of the list of residents was produced until 2005, the military has the right to:

  • get real estate in property;
  • get an apartment in the framework of social hiring;
  • get a subsidy for the purchase or erection of housing.

The implementation of housing rights - for the contractor himself, but in any case due to budget funds. When determining the area of \u200b\u200bthe future apartment, they are focused on existing standards in this area, and even the apartment buildings themselves may be subject to consolidation of a separate entity of the Russian Federation for military units. Improve your living conditions Could families of those killed in the performance of military debt. If the last option is elected - cash payment, then its size will be calculated in proportion to the housing standard and service life in calendar years.

A small legal obligation arises when concluding a social hiring agreement, because according to the requirements of the legislation at the time of its signing the contractor and members of his family should already leave for official housing. At the same time, the housing in the social network is distributed in the order of the queue and the military has to be removed square metersSo as not to stay in the literal sense of the word on the street. However, the state provides for compensation for such costs, whose value for large families increased by 50%.

The nuances of providing living space when dismissing to the stock

What are the reasons for saving without housing? The answer to this question is exactly the opposite to the above:

  • less than 10 years of military experience;
  • dismissal for reasons not related to organizational and staff, health or age of a serviceman;
  • the consent of the Defender of the Fatherland to this option (necessarily in writing).

A personnel officer who served at least twenty years, without the provision of housing is dismissed. If he leaves the service after receiving the state apartment, this does not impose any legal obligations or restrictions on its disposal of its further fate. If the military was dismissed during the period from 10 to 20 years of service for regulated by law, it may not be allocated housing, but the right to receive it in the future on general reasons is preserved.

In case of a move, it can use a one-time payment for the acquisition or construction of its own family nest without restrictions on the area, since the law does not take place to add to this subsidy own funds.

I, as a former military, is very clear the desire of Russian legislators will provide servicemen with housing. It is especially pleasant that it is impossible to dismiss the serviceman without providing housing. There are exceptions associated with the service life and the cause of dismissal. It happened so that I had to serve in the USSR army, then in the army of Ukraine, then in the Army of Russia. I quit without the provision of housing. This question remains open. I think to return to his decision.

Your example is far from one. Russia does the right thing that takes care of his own servicemen. The question of providing housing to persons who quit the former republics of the Soviet Union, but russian citizenshiphas not yet been settled.

It should be distinguished by the provision of housing for a serviceman and his family of service and, so to speak, permanent. The first must be provided during the quarter after arrival in the garrison. And the permanent can only be obtained by caring at least 3 years. And this is just to become a member of the military mortgage.

Hello. With her husband (no children) stand in line for housing since 2007. In 2011 In organizing events, the position of her husband has reduced. To the present, he is not fired from the sun, it is waiting for housing. How much all this will last unknown.

The question is as follows: if we donate with him, does it affect his place in line and on the received metrah? As far as I understand that one thing is that for two, it's still put one bedroom apartment. And is it true that in connection with the change of his family position will have to become the queue again?

On one, there are 36 squares, 2 members of the family 42. If you divorce it does not need to start accounting, simply put as one family member, and the date of the formulation will remain the same

My husband and I have been divorced 4 years ago. He is now fired, as the length of service is 25 years old and in age 45 years old, and in the housing he has been refused to refuse that he can live in the house indefinitely, since when I privatized the house on me and my children for another 15 years We were still married, and another lawyer said that he should pass the housing, in which he has been registered, but I have a question, I must live on the street to go what and my daughters too ?? In general, nonsense is complete, specially refuse to housing servicemen, not the first case when familiar is submitted to the court because of this. I am outraged by the fact that, a person served so many years in this army and now the state is looking for some stupid reasons, just to refuse him, well, let me give a housing!

On the right of military management authorities to dismiss without housing


On the right of military management authorities to dismiss without housing

On the specified question, everything was clear and understandable until June 20, 2007. It was believed that it was prohibited without any reservation to dismiss servicemen without their consent to providing housing, including in cases where the soldier lived in a service apartment (we recall the serviceman that the service residential premises is given for the period of military service, at the end of which, the soldier obliged to free it and this is directly indicated in paragraph 18 of the Typical Agreement Hiring Hire Residential Premium (approved by the Decree of the Government of the Russian Federation of January 26, 2006 No. 42), which specified The contract of hiring a service residential premises is terminated with the end of the service life) and did not agree to dismissal before providing residential premises in favorites of their residence. Law enforcement practice (including judicial) adhered to this position until the group of comrades (R. and its representatives of S., M. and K.) for some reason did not solve to contact the Supreme Court of the Russian Federation with a statement about the recognition of paragraph 17 Article 34 of the Regulations on the procedure for the passage of military service approved by the Decree of the President of the Russian Federation of September 16, 1999 No. 1237, in a part that allows military personnel to obtain residential premises not at the place of deployment of the military unit to dismiss them from military service without their consent, contrary to Article 23 Federal Law "On the status of military personnel" of May 27, 1998 No. 76-FZ and inactive in this part. And so, at the specified statement, the military board of the Supreme Court of the Russian Federation adopted its famous definition of the CPI07-30, in which it is not contrary to Article 34 of Article 34 in accordance with Article 23 of the Federal Law, among other things, it specifies that if a soldier is provided The place of military service is a service home and chose when dismissing from military service, the place of residence is different from the last place of service, it can be dismissed from military service (in general, strange logic, if you are provided at the place of service by any housing (let me remind you that service housing It is provided only for the period of military service, dismissal from military service is the basis for the termination of the contract of hiring a specialized residential premises, to which a service apartment belongs to) and you want to get an apartment in the same settlement you can not dismiss you, and if you want to get an apartment there where you have nowhere to live - it is legal. example Judicial practice when the dismissal of a serviceman without his consent provided by official housing was recognized as a legitimate cassation definition of the judicial board on the affairs of the Supreme Court of the Russian Federation of the Supreme Court of the Russian Federation of October 1, 2015 No. 208-kg15-6, where the court, in particular, indicated: " Moreover, by virtue of paragraph 17 of Art. 34 Regulations on the procedure for the military service soldier, the total duration of military service of which is 10 years and more, in need of improving housing conditions, without its consent cannot be dismissed from military service due to organizational and staff events without providing him with residential premises on the standards housing legislation; If you wish these military personnel, it is notated at the place of deployment of the military unit, they are dismissed from military service and are provided by residential premises in accordance with the legislation of the Russian Federation. Delivery Aksenko L.V. The service residential premises does not indicate a violation by the command of his housing rights at the place of service, since the law contains a ban on the dismissal of a certain category of servicemen, to which the applicant belongs, without providing housing in the selected place of residence only if they are not allowed at all by living at the place of military service lack of consent to dismissal. Consequently, failure to submit to the applicant of housing in the selected place of residence in providing it at the place of military service by official residential premises on established standards in itself is not obstacles to the reserve. "

However B. lately began to develop arbitrage practice According to which, regardless of where the soldier elected a place of residence in connection with the dismissal from military service, if he is provided with a service apartment, he can be dismissed from military service even if it does not have his consent. In addition, the President of the Russian Federation was signed by Decree of January 2, 2016 No. 2 "On Amendments to the Regulation on the Procedure for the Passage of Military Service, approved by the Decree of the President of the Russian Federation of September 16, 1999 No. 1237" In accordance with which "soldier, expressing The desire to get a residential premises not at the place of dismissal from military service, dismissed from military service and is provided by a residential premises in accordance with the legislation of the Russian Federation. " Thus, the literal content of the specified norm allows you to dismiss with military service even those who are not allowed by residential premises and choose the place of residence that does not coincide with the last place of military service. We believe that this decree contradicts the para. 2 p. 1 Art. 23 of the Federal Law of the Russian Federation 1998 No. 76-FZ "On the status of servicemen" in that part of it, which allows you to dismiss from military service to providing housing without obtaining the consent of the serviceman to such dismissal. (If you encountered such a problem, ready to prepare the appropriate complaint to the Supreme Court of the Russian Federation and submit your interests in court.).

In addition, as noted above, it is possible to implement the right to receive housing only subject to the delivery of the previously occupied residential premises, including the service. The question often arises: who has the right and is obliged to evaluate (go to court with a request for eviction) from service apartments, a serviceman himself or military unit (apartment authority)? The answer to this question can be found in two judicial acts of the Supreme Court of the Russian Federation, cassation definition of the Supreme Court of the Russian Federation of December 3, 2015 No. 201-kg15-39 and (from which it follows that if the soldier lives in the specified apartment, then only the right has such a right He, if in the specified apartment does not live, but live the former members of his family (former spouse, for example), then such a law does not have a soldier, such a right (to appeal to eviction) is only at the authority for which the specified residential premises has been enshrined .

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Accommodation for military personnel


Article 15 of the Federal Law of May 27, 1998 N 76-FZ "On the status of military personnel" (hereinafter referred to as the law on the status of military personnel) provides that all servicemen-contract servicemen have the right to housing.

But, someone acquires the right to receive an apartment upon expiration of the first 5 years of military service, someone after 20 years or after dismissal from military service for respectful grounds. And some can only take advantage of public housing certificates or mortgage loans.

The translation of the state's obligations to military personnel in the housing sphere from the natural (provision of an apartment) in monetary form has expanded the capabilities of military personnel to make a decision on choosing the place of residence, quality and size of purchased housing. The possibility of acquiring housing in ownership with mortgage lending At any time, after three years of participation in the accumulative and mortgage system, even before the expiration of the service life, as well as the selection of the location and the size of housing is one of the new forms of the servicemen of the right to housing.

Along with the servicemen, members of their families have the right to receive residential premises. To them, according to paragraph 5 of Article 2 of the Law on the status of servicemen, are:

Children over 18 years old who have become disabled until they reach the age of 18;

Children under 23 years old students educational institutions by full-time learning;

People who are dependent on military personnel;

Other family members according to federal laws and other regulatory legal. According to Article 69 of the Housing Code of the Russian Federation in providing residential premises under a social hiring agreement to family members relate to those who live together with the employer of his spouse, children and parents - citizens of the Russian Federation. And other relatives and disabled dependents are recognized by the members of the employer's family, only if they are naught by the employer as members of his family and lead to him general farming. In exceptional cases, other persons can be recognized as members of the family of the employer in court.

The provisions of Article 69 of the LCD RF and should be applied in determining the law of the military personnel to provide one or another residential premises. This is said in paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 14, 2000 N 9 "On some issues of applying legislation on military duty, military service and the status of military personnel" (hereinafter referred to as the Resolution No. 9).

The foundations and procedure for providing military personnel by housing, along with the norms of the law on the status of military personnel, are governed by housing legislation.

According to the current legislation, any of the servicemen under the contract must be provided with housing in a three-month period from the day of arrival at a new service. Here, of course, it is said about official residential premises. And the servicemen who have concluded a contract for military service under January 1, 1998 and jointly living with them family members, for the first five years of service can be placed in official residential premises or hostels. Such premises are assigned to institutions of relevant power ministries and departments.

With a serviceman who is provided with such housing is a contract for hiring a service room, which determines the procedure for providing housing, its content and liberation. A typical form of the contract approved by the Decree of the Government of the Russian Federation of May 4, 1999. N 487 "On the Conditions and Procedure for the Conclusion of a Housing Agreement between the servicemen and the Ministry of Defense of the Russian Federation or another federal executive body, in which the Law provides for the Military Service."

After dismissal from military service, a citizen in some cases can acquire the right to his housing. But if this did not happen and (or) the serviceman was provided with another residential premises, he must free the provided office space for a three-month period.

It is impossible to evict from official residential premises without providing other housing of citizens who need special social protection. Categories of such citizens are established by federal legislation and legislation of the subjects of the Russian Federation (article 98 LCD RF):

Family members of military personnel ( officials Internal Affairs Organs, Organs state security, customs authorities) who died (dead) or missing in the performance of the duties of military service or official duties;

Pensioners by age;

Disabled people from the number of military personnel who have become disabled I and II groups due to injury, contusion or injury obtained in the performance of military service duties or obtained due to the disease associated with their stay in military service.

The provision of residential premises to the Russian citizens must be made in the order of priority, taking into account the norms and benefits established by the housing legislation of the Russian Federation, in accordance with the rules of consideration of citizens who need to improve the housing conditions and the provision of residential premises established by the current legislation and NPU of the subjects of the Russian Federation, On the territory of which the military unit is deployed. At the same time, the citizens-citizens of the Russian Federation, which have the right not to priority to housing, the residential premises are provided by the previously adopted in the same year, but not having the right to preferential housing.

When providing a military personnel-citizen of the Russian Federation of residential premises under a social hire agreement to take into account the actions and civil transactions, which led to a decrease in the size of the occupied residential premises or their alienation. These transactions and actions should be taken into account for the period established by the Law of the Russian Federation, preceding the provision of a military personnel of the Russian Federation of residential premises under a social hiring agreement, but not less than five years.

List of documents that are attached to the application

a serviceman about recognizing him in need of residential premises provided under a social hire agreement

(In accordance with paragraph 1 of the instructions on the provision of military personnel - citizens of the Russian Federation, held by military service under a contract in the Armed Forces of the Russian Federation, residential premises under a social employment contract, approved by order of the Minister of Defense of the Russian Federation of September 30, 2010 No. 1280)

(a) Copies of documents certifying the personality of military personnel and jointly living with them of their families - citizens of the Russian Federation (hereinafter referred to as members of their families) (passports with data on registration at the place of residence, the birth certificates of people who do not have passports);

b) discharge from a track record, certificates about the passage of military service, the total duration of military service and the composition of the family;

c) a copy of the certificate of concluding (termination) of the marriage - in state in marriage (termination);

d) documents from the hostilities of military personnel and members of their families since 1991:

discharge from house books;

e) copies of financial personal accounts from the hostilities of military personnel and their family members over the past five years before applying;

e) extracts from a single state register of rights to real estate and transactions with him about the rights of military personnel and their families on residential premises throughout the Russian Federation from January 31, 1998;

g) copies of documents on the right to provide additional social guarantees in part of housing in accordance with the legislation of the Russian Federation;

h) information about availability identification number The taxpayer has a military personnel and all members of his family.

In the event that, according to the results of the measures taken by the servicemen, the documents specified in subparagraphs "G" and "D" cannot be obtained, the servicemen present documents indicating the impossibility of obtaining them.

The servicemen are entitled to submit other documents confirming their right to recognize in need of residential premises.

For military service under the contract, in the absence of residential premises at the place of military service, they pay monthly cash compensation for the hiring (for) residential premises in the manner and sizes, which are determined by the Decree of the Government of the Russian Federation of December 31, 2004. 909.

The payment of monetary compensation to the servicemen is carried out monthly due to and within the funds provided for in the federal budget for the federal budget of the Ministry of Defense of the Russian Federation.

Monetary compensation to the serviceman is paid simultaneously with the payment of monetary allowance for the past month at the place of his military service.

In need of obtaining residential premises or improving housing conditions in the elected permanent place of residence at the expense of the federal budget is recognized:

a) Citizens who held military service under the contract in the Armed Forces of the Russian Federation, and dismissed from military service to a reserve or resigned, arriving and issued to military registration in a selected permanent residence or the remaining stay at the same place before receiving housing in favorites constant The place of residence that has a total duration of military service is 10 years and more in calendar calculation, dismissed on the following grounds: - upon reaching the maximum age at military service; - for health; - in connection with organizational and staff activities;

b) the family of military personnel who died (deceased) during the passage of military service, and families of citizens held military service under the contract and the dead (dead) after dismissal from military service to achieve the limit age at military service, health state or due to organizational and staff activities that have had a total duration of military service 20 years and more as a calendar;

c) family members of military personnel who died in the fulfillment of tasks in the conditions of emergency and with armed conflicts.

The grounds for recognizing citizens in need of obtaining residential premises or improving housing conditions are:

a) the absence of living space;

b) the presence of a living space on one family member below the limit of the social norm of the total area of \u200b\u200bthe residential premises established by the legislation of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation;

c) the presence of a living area that does not meet the established sanitary and technical requirements;

d) the presence of a living space in closed and isolated military towns;

e) accommodation in apartments occupied by several families if there are patients who suffer from severe forms of some chronic diseasesat which a joint accommodation with them is impossible in the same apartment;

(e) Accommodation in adjacent uninsulated rooms for two or more families in the absence of related relationships;

g) accommodation in hostels and on office residential area;

h) accommodation under the conditions of delivery in the absence of another residential area; and) election of a permanent place of residence after dismissal from military service.

The basis of the recognition of the elected permanent place of residence during the period of service is a personal statement, after dismissal from military service - an order for dismissal or resign.

Not recognized as needed to obtain residential premises or improving the housing conditions for military personnel and citizens dismissed from military service, in the case of:

a) their presence in the property of an individual residential building (apartments);

b) the presence of a booked residential premises (landscaped and relevant to established standards);

c) their dismissal from military service from the armed forces, other military formations of the CIS member states after December 31, 1994 (except for states that have entered into and ratifying relevant bilateral agreements with Russian Federation until December 31, 1999);

d) if they or one of the family members living together with a military personnel or a citizen dismissed from military service carry out the construction of an individual residential building and received (get) for these purposes social payments from the relevant federal executive body or body of local self-government or are members of the housing, housing and construction cooperative, building an apartment at the expense of funds allocated from the federal budget;

e) If their housing conditions have deteriorated as a result of exchange, exchanges, purchase and sale or donation of the housing previously received from the state.

The right of military personnel and citizens dismissed from service, an additional living area provided for by the Federal Law "On the status of military personnel" is not a basis for setting a queue for residential premises or improve housing conditions.

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