The procedure for providing the housing of military personnel and their families is regulated by the Federal Law No. 76. However, today there was a situation where many officers, going to the reserve, do not have their own or departmental apartment. It should be remembered that the right to obtain housing is preserved and after the dismissal of the serviceman to the reserve. Last amendments to " Law on the status of a serviceman»We were made 01. 07 2017. Based on additions to the law, the military pensioner has the right not only to receive in property or venerable living space. In compensation, it can be provided cash For the purchase of real estate (or a lump-sum housing subsidy). The right to choose the format for solving a housing issue remains for military personnel. These measures are designed to fully provide housing for all needy military pensioners until 2023.
Providing military pensioners apartments
In art. 15 clause 2.1 of the Federal Law No. 76 is an explanation of which categories of servicemen who have gone to the reserve, retain the right to receive housing. These include:
- Former servicemen, dismissed for health or in connection with organizational and staff events and having a military experience of at least 10 years.
- Former military personnel who have gone into stock and have a mandatory service experience, which is 20 years old.
Separate requirements for the provision of cash on the purchase of apartments will be explained below.
Military mortgage - the most promising way to quickly get housing
For the purchase of housing military Mortgage serviceman, except for general requirements, must perform additional conditions, namely: to be a member cumulative and mortgage system at least 3 years. The amount of accumulative contributions over the past 3 years is:
- 2015 and 2016 - 245 880 rubles;
- 2017 - 260 141 rubles.
After dismissal of the length of service, Oshm or the state of health, the NIS participant can claim the whole amount accumulated on his account, but to use it only to purchase housing or improvement housing conditions.
The advantages of solving a housing through a military mortgage:
- Accumulations are issued to military personnel regardless of the presence of a residential area.
- Military pensioner can independently choose a region to determine the place permanent residence And, accordingly, the acquisition of real estate.
- By the amount of mortgage savings, a dismissed soldier can add own funds, which will allow to purchase real estate greater than the law, area and / or higher class (business, premium).
- The mortgage funds pensioner can also use for the construction of a private house or to buy a finished private household.
- The apartment can be purchased in any city and it is possible to receive profit from it, so described as.
One-time cash payments and housing subsidies for military retirees
From 01. 01, 2017 A new amendment to the law entered into force, regulating the procedure for issuing a ZHS and enerd by the categories of military pensioners listed above. Cash is calculated in accordance with applicable standards, given all family members:
- Lonely pensioner - 33 m 2;
- Family of 2 people - 42 m 2;
- Family of 3 or more people - 18 m 2 for each member.
In addition, the law provides for an increase in the guaranteed minimum of living space for 15 m 2 of the following contingent:
- teaching staff of military universities;
- commander of the composition (from the rank of colonel);
- having a scientific degree or title.
The amount of EVER is calculated from the total length of years. To the duration of the period military service The coefficient is applied:
- 10-16 years old -1.85;
- 16-20 years - 2.25;
- 20-21 years - 2.375;
- from 21 years - 2.45.
For each additional year before dismissal, the officers there are additionally the coefficient of 0.075. The maximum coefficient to which the military pensioner can calculate is 2.75.
Advantages of hard and subsidies
- EVERY I. housing subsidies Can receive pensioners who used service apartments during the years of service and were not included in NIS.
- Unlike military mortgage, in which the buyer becomes a full owner only after full repayment The bank of the loan, the apartment (house) goes to the property of the buyer immediately after the conclusion of the contract. The owner has the right to exchange it, sell, give, lay, or perform other operations that do not contradict the law.
Accommodation under the contract of social
All servicemen who have entered into a contract to 01. 01,998 and dismissed to the reserve are entitled to receive living space on the basis of a social hiring agreement. The region of permanent residence (allocating an apartment) is chosen by a military pensioner. Fired after 01. 01 1998 Housing is issued in those regions where it is available.
The quadrature of the living space is calculated at the rate of 18 m 2 per family member. Lonely can (but not obliged) to be provided with preferential 10 m 2. Officers who went to retire to achieve a deadline for service may also be applied on an additional 15 m 2.
Apartments received under the social contract may continue to be privatized and go to private property.
Important! A serviceman who has at least 20 years of experience (10 years for persons who ceased service for health or OSHM) cannot be dismissed without providing housing or cash for its acquisition. In order to take advantage of the guaranteed state, it is necessary to have status in need of living space, in other words, stand in the apartment accounting.
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Accommodation for military personnel - The problem is up to date. Therefore, the state has developed a separate program that is designed to solve it. The program allows this category russian citizens Get housing on preferential terms or free. In this article, we will analyze in detail the options for purchasing residential areas with servicemen, the norms of housing meters and other details of this procedure.
Housing purchase options by military personnel
In accordance with the current legislation, there are several options for the acquisition by families of military residential areas. On the allocation of service housing for military personnel, we will not speak, because here everything is relatively clear - within 3 months from the moment of moving the family in localityin which the military does not have its own living space, he must be provided with a room for living together with his family. There is no right to the apartment with the apartment, with the exception of the main - the right of residence. 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. At the same time, the accumulation means are allocated from federal budget. After 3 years of service, the contractor has the right to take advantage of the accumulated capital to acquire residential premises. In this case, the soldier refers to any bank carrying out mortgage lending, and negotiates the provision of targeted housing loan.
It should be said that the size of the purchased apartment depends on the family composition. But the norms of living space will be discussed below. In the meantime, it should be noted that in the case when the soldier wants to acquire a more spacious apartment, he has the right to this, but exclusively with the involvement of his own finance.
The features of the program also need to be attributed to what the mortgage can be obtained before the use of funds clustered under the NIS program (before the expiration of 3 years from the moment of receipt by the contract under the contract). BUT B. this case Mortgage will be issued on general conditions, And after receiving a certificate of the right to housing, you can use the accumulated cash on its repayment.
The special version of the development of events is provided for persons who served in the Armed Forces within 20 or more. In this case, their loan is evacuated by the state, regardless of the remaining amount. Mortgage quenction occurs also in cases where the soldier served at least 10 years and was fired due to the achievement of the maximum age allowed to carry military service; for health; due to organizational and staff changes in its part; as well as in the presence of family circumstances stipulated by the legislation of the Russian Federation. In addition, quenching mortgage loan It is also carried out in the event of the death of a serviceman. It should be noted that the lender does not have the right to demand payments from the family members of the deceased military, to respond to the obligations will be the state in the person of special bodies, but family members will acquire ownership.
Do not know your rights?
Cumulative system and mortgage for military personnel
As mentioned above, each soldier has the right to participate in the cumulative system. We emphasize: it is right, not a duty. This means that for the subsequent receipt of funds and their accumulation, the employee needs to be applied with the corresponding report. After 3 years of service, it is necessary to submit another report in which to declare a desire to obtain a certificate of the participant of the accumulative and mortgage system to provide a target housing loan. It should be noted that the report should be addressed to the headquarters of its part. After that, the serviceman needs to wait a bit until it gives such a certificate. At this time, you can search for a search apartment that you want to buy, as well as a credit institution that is engaged in mortgage lending And ready to provide you with a loan on suitable conditions. Do not hurry, look for the most favorable conditions for you. Remember that in different organizations, the proposed conditions may vary significantly.
After the evidence is received, and the apartment is chosen - it is necessary to sign a housing loan agreement with the Bank and the Ministry of Defense of the Russian Federation. Then you need to conclude a purchase and sale agreement of the selected real estate or enter into a mortgage agreement. Next - to register an agreement in Rosreestre and get an extract from EGRN on the ownership of the residential premises. All, from now on, a soldier is a happy owner of its own real estate.
An important difference in a special mortgage program for military personnel is that the amount of the loan issued and its conditions does not depend on the level of income of military or members of his family, since the payment of the received loan is not made from personal funds, and at the expense of the funds of the cumulative system.
Features of the purchase of housing servicemen
The acquisition of residential premises under the program of the accumulative and mortgage system has a number of features:
- In accordance with the current standards of law, registration of the contract for the sale of apartments within the framework of the NIS occurs in a period not exceeding 5 working days (7, if the application is filed through a multifunctional center).
- The loan period depends only on the age of a potential borrower. All banks establish an extreme lending age, that is, the age of the borrower, to which he is obliged to fully pay the debt before credit Organization. In most banks, this age is 60 years old, but in general varies from 55 to 70.
- The initial contribution can be made both at the expense of the borrower's personal means and due to the accumulated amount. By the way, some banks consider for themselves the possibility of providing a housing loan and without making initial contribution. But be careful: first, it can negatively affect interest rateAnd secondly, the loan period increases.
- You can buy not only the finished residential premises, but also the area in the house under construction, concluding the contract shared construction. But the purchase of housing under construction for military personnel is fraught with some difficulties, since mandatory condition Is the Bank's cooperation with the organizational organization.
- The limited duration of the certificate of the right to receive a housing loan. Until 2011, the certificate issued was only 3 months. Since 2011, this period is half a year. During this time, you will need to choose accommodation, conclude a sale agreement and register property in the prescribed manner.
Housing rates for military personnel
When familiarizing with the current accumulation system, a natural question arises: how much money will be listed? The state allocates funds that should be sufficient to acquire the residential premises of the established size. Learn the laid size of the living space is very simple - for a lonely soldier area of \u200b\u200bthe apartment should be 33 square metersFor a family of 2 people - 42, and in the presence of 3 family members and more norm will be taken at the rate of 18 meters per each.
As noted earlier, this calculation does not limit the serviceman. You can freely purchase an apartment. large Square, but already with the introduction own funds In the missing amount.
The state annually translates the cumulative account of the military personally established by the government monetary sumwhich consists of the main part (that is, a solid size set for the current year) and a part of interest, which are due to the military in connection with the investment of its accumulated funds. At the same time, the amount put to pay will be paid to equal parts during the year monthly. General annual amount In 2016, it is 245,880 rubles. Consequently, 20,490 rubles translated per month to the military personnel. and percentage of investment. In 2017, the annual amount is equal to 260 141 rubles.
By the way, the legislator does not limit the servicemen in the possibility of using a cumulative system. The participants of the program can not only need citizens, but also military, already having a residential premises or need to improve housing conditions.
Cons Military Mortgage
The main disadvantage of such a system is the dependence of the serviceman from the duration of the service life (minimum of 10 years). The day that the state makes the debt (on mortgage payments), it is necessary to serve in the armed forces of 20 years; either at least 10, but if there are certain foundations (we mentioned above). On the other hand, the will of the legislator is understandable: you want to get preferential mortgage - Give the debt home.
Do not forget that the amount listed per year does not always have enough of monthly payments, although it covers a certain part of them. In this case, it all depends on the place of residence of the serviceman. Of course, B. small citieswhere buying housing is more or less accessible, the funds allocated will be enough. But B. major cities Without investing personal funds, do not do.
Well, the last - the term of the housing loan. As part of the current mortgage system, the average credit period is 20 years. Sounds frightening. On the other hand, there are advantages in the system - no longer need to wait for the houses for military personnel (waiting is sometimes tightened for many years), but you can immediately enter your apartment and decay in it.
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 key points 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 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 belongs to) and you want to get an apartment in the same settlement 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 Russian Federation (other federal executive authority in which federal law A military service is provided) and withdrawing from registration at the same place of residence are presented by these citizens and jointly living with them to their families upon receipt of residential premises in the selected 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 the passage of military service before January 1, 1998 (with the exception of military cadets 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, 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 service period, they are provided housing in common order: hostel, service, dodge, bommer ... 2.
The procedure for providing housing servicemen when dismissing
It should be noted that receiving subsidies for the purchase of housing, participation in mortgage program and receiving 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. "
In the presence of service housing A soldier can be fired from military service. This provision recognized Supreme Court of the Russian Federation. Reside in office housing serviceman dismissed from military service, and members of his family may be receiving permanent housing.
The face dismissed or resigning is excluded from the parts of the part, regardless of whether it is constant housing or not. After dismissal from military service money allowance The former serviceman is not paid. This is reported by the site "Military News of Russia".
For military personnel, thinking about dismissal or resignation, this is a truly ill matter. Many officers and servicemen undergoing a contract completing their military careers in places they are going to live on and do not have time to get their own apartment or house in the selected settlement.
According to the law of a person who has been serviced at least 10 years, it is impossible to dismiss without housing. At the same time, when the period of dismissal approached the serviceman in an inappropriate place for him, he was taken into, the so-called order. The soldier was considered in the service, without occupying a certain position. He received the established monetary content and expected the laid location. During this period, which could last for years, it was required to periodically appear in the service and execute certain instructions of the command. Waiting for permanent housing could be a service apartment.
Now this order has changed. Disadvised from military service persons who have official housing, exclude from the lists of the military unit. An illustration can be an example given in the "Military News of Russia". The soldier who spoke to the plaintiff held by the Border Aviation pilot in the village of Hot Beach on the island of Kunashir Kuril Ridge, in the military rank, Lieutenant Colonel, in March 2008, was recognized as unfit to the flight service. Having a service experience for more than 10 years, in the autumn of the same year was fired to the reserve, not wanting to undergo a service for another position. For almost 6 years, staying in the lists of the part, lived in the service apartment of the military town.
In the summer of 2014, it was decided to exclude it from the lists of the military unit, while the right to housing was not deprived of him. It was dismissal from military service, while money allowance He became not supposed.
The judicial board of the Supreme Court of the Russian Federation on the affairs of the military explained that in accordance with paragraph 17 of Article 34 of the Regulations on the procedure for the passage of military service, a soldier, the total duration of the military service of which is 10 years and more, in need of improving housing conditions, cannot without its consent To be dismissed from military service in connection with organizational and staff events without providing him with residential premises on the standards of housing legislation. But, in the same paragraph says, " 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 ».
At the legislative level, it was enshrined that citizens dismissed from the rows of the Russian army can expect to receive residential care. The provision of housing servicemen under dismissal is carried out under the observance of a number of conditions and only in accordance with the procedure established by law.
Terms of provision
IN article 15 of the Federal Law No. 76 The main parameters that must match the soldier for the guaranteed receipt of living space from the state are presented. Livestick is provided:
- officers who successfully have been trained in military schools;
- military personnel on a contract basis that served in closed military towns;
- officers with whom a contract was concluded after the early 1998 year. That is, actually having 21 years old servicemen can qualify for full provision of living space, as pure experience should be 20 years.
It's important to know! The state is obliged to provide housing of military personnel who have a service of 10 years or more, provided that they are dismissed at maximum age, health or related to the reduction in state.
There are a number of subtitle acts, the provisions of which must be considered when receiving housing. Thus, in paragraph 17 of Article 34 of the Law on the procedure for the passage of military service, the categories of citizens who cannot be dismissed from the rows of the Russian army before the provision of housing. That is, the higher guide cannot issue an order to exclude a fighter from the state of the military unit until he stands in the queue for living space.
Housing servicemen who need to be provided may be provided in various forms:
- under the social contract;
- in ownership;
- in the form of cash payments for the purchase or construction of own housing.
It's important to know! The soldier at dismissal can count not only to receive an apartment or cash for its acquisition, but also to the participation of the state in the military mortgage program. It allows citizens who have a service from 10 years old, to get a mortgage for the purchase of housing out of turn. In this situation, the first contribution and subsequent payments are provided by the state.
Dismissal without housing
At the legislative level, cases are provided when a soldier can be dismissed from the rows of the Armed Forces of the Russian Federation without providing housing:
- when terminating the contract on the initiative of the serviceman;
- when dismissing due to the reduction of the state, provided that the citizen does not have sent at the legislative level of years;
- when canceling a contract for negative grounds;
- if the soldier did not submit a timely application for registration;
- if the fighter was removed from the queue for housing due to identifying the fact of intending to deteriorate its own housing conditions;
- if a citizen violates the order of study or non-appearance to obtain housing;
- if the soldier has previously received a living space or subsidy for its acquisition from the state.
If there are at least one of the above items of items, the soldier is deprived of the right to receive housing during dismissal. However, a citizen may submit documents to the local municipality.
It's important to know! If the fighter dismissal or the resignation of the fighter is carried out by a good reason, and he had not previously received a living space or cash on its acquisition from the state, the serviceman is excluded from the state, but remains in line at housing. In addition, if a citizen plans to change the settlement after dismissal, he can request the provision of housing in a new place.
Procedure for issuing
The main point when providing housing will be the presence of a register. For one person, the norm is equal to 18 sq.m. The limit is also equal to 18 methols. If only two people are listed in the family of a military personnel, then the area obtained to which the soldier claims after the dismissal is equal to 36 square meters. meters. It should be borne in mind that the register of change is required to make immediately, that is, at the birth of children, it is necessary to write a statement with an indication of the deposit of the number of families and all data.
Important! While the soldier does not receive housing or the required subsidy, the dismissal procedure is not completed, since the order for exclusion from the lists of personnel is not possible until a complete calculation, which includes housing.
If the base of dismissal is not included in the list, which is the possibility of not providing housing, for example, when improving all benefits, the provision of housing is a mandatory measure. Housing procedure:
- dismissal with the presence of the required service;
- pre-registration in the registry queue in the receipt of housing or to improve housing conditions;
- to the ultra-working day receiving a certificate or subsidy;
- in the absence of the desire to replace the obtained housing on the subsidy, the serviceman is listed in the lists of the part, but behind the state. It continues until he gets laid accommodation.
It should be borne in mind that applying for inclusion in the registry is required during the period of service. It is also necessary to always update the information, as the refusal may follow in the opposite case. For the most soldier, it is necessary after switching on the registry to expect receipt of the notice of housing. Next, in a thirty-day period, it is necessary to provide the entire package of documents in Joe, which includes if necessary, a certificate that service housing can be handed over for two months.
Important! The procedure should be observed. If a soldier is broken, it can be dismissed without providing housing. In the presence of time skipping and installed deadlines It is necessary to provide a certificate that has a valid reason.
The provision of housing serviceman who is fired from the required service is a prerequisite. Without this moment, the full dismissal from the rows of the SU is impossible. The provision of housing can be expressed in various forms, including in the form of a subsidy. All security must be provided on the extreme day of dismissal.
