• Why military personnel refuse service housing
• How to apply for a subsidy
• Is it profitable to refuse a finished apartment?

Is it possible for servicemen to refuse service housing? This question worries many military men. The Ministry of Defense is trying to solve the problem of providing housing for military personnel. It is for this reason that today the Government is trying to transfer military personnel to a slightly different form of property ownership. It implies taking a mortgage, which allows you to choose not only the area in which the property will be located, but also the living area itself.

All military personnel will most likely be transferred to the above form of support. Institutions that provide for military activities until 2023 are also authorized to switch to mortgages. Recent changes include the introduction of a new form of subsidized housing that will help eliminate the waiting list for service housing for the time being.

Why military personnel refuse service housing

Reluctance to receive service housing may be due to the following reasons:

1. The region in which the proposed housing is located does not suit the serviceman.
2. The provided apartment does not correspond to the area specified in the law. Most often, apartments are offered with an area smaller than the prescribed one.
3. The proposed housing does not meet the requirements of housing standards.

Do not forget that each family may have its own reasons for registering the refusal of a serviceman from an apartment.

For example, a family with a small child does not want to move into an apartment located on the top floor of a multi-storey building. Or, on the contrary, others show dissatisfaction with their future living in an apartment on the first floor. But such conditions are not taken into account in our legislation.
The next reason for the refusal of the military from the proposed housing may be the desire to apply for a subsidy that gives the right to purchase real estate located in any region of our country.

The people on the waiting list say that the allocated service apartments for officers in the city of Podolsk, for example, did not meet their requirements and expectations. Sometimes military personnel prefer to buy real estate on a military mortgage.

What are the consequences of the refusal of the waiting list from the apartment?
If the military refuses the housing that the state has provided him, then he still should not be excluded from the queue for an apartment. Thus, when the state offers a soldier living space that does not correspond to his desires, the soldier can refuse it. And do it not once, but repeatedly. It must also be remembered that the refusal should be clearly argued.

The Housing Code of the Russian Federation says that the citizens of our country can freely choose the property that suits them for living. It clearly states that the military can independently choose the form of the desired provision of housing.

It turns out that if the officer has the legal right to obtain a subsidy, then he can safely refuse the apartment. In this situation, the ideal option for providing housing is obtaining a EDV.

The new changes involve the provision of real estate with the use of UDV to those officers who have refused official housing offered by the state or their chosen place of permanent residence. The above provision is valid for the military who refused the proposed housing after the official introduction of the law in early 2014.

These legislative forms are valid only if the proposed apartment meets absolutely all the requirements that apply to living space, which is due to a soldier in accordance with the law.

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How to apply for a subsidy

Given the current changes in the laws of our country, allowing you to choose subsidies as a form of real estate, many ask different questions. How to refuse official housing for military personnel? And how do you apply for a subsidy?

It should not be forgotten that not all military personnel are entitled to housing. Only people who really need living space can get EVD. Also, a necessary condition is called the refusal of the provided real estate. And it doesn’t matter at all whether this is official housing or a contract for hiring housing.

To apply for a housing waiver, you need to submit an application to the head of your unit. This application must clearly state its reasons and the desire / unwillingness to continue to exercise their right to receive housing through the provision of a subsidy.

The officer has the right not to receive a certificate for housing by choosing the EDV as a form of providing real estate. This is his legal right.
NIS participants cannot make any claims to receive the EVD. The waiver of a military loan is always formalized through a court decision, even if the soldier was entitled to participate in it. The current judicial practice when filing an application with the judicial authorities is unlikely to help cope with this problem.

Taking a military loan does not involve checking a soldier for any real estate - this distinguishes it from other forms of housing education. To take part in the NIS, it is necessary to recognize the military in need of living space.

If you repay the loan prematurely, you can take out a military loan again to buy a larger apartment or even another property.

Many servicemen of our country live in service apartments.

But at the same time, many citizens from the military category do not know the procedure for their provision.

And even if they got it, they don't know how to register in it? What documents need to be collected? Where should you go anyway? Who can be registered and how to get out of it, if necessary?

Let's consider all these questions in more detail.

Legislative regulation

To date, the issue of providing departmental (service) housing is regulated by such legislative norms:

1. Decree of the President of the Russian Federation, which guarantees the provision of service housing to servicemen in the absence of their own;
2. Order of the Ministry of Defense of the Russian Federation No. 510, which is an addition to the Decree of the President of the Russian Federation and guarantees the receipt of service housing for needy military personnel;
3. Federal Law No. 76, including the Housing Code of the Russian Federation, which clearly regulate the issue of living space standards for military personnel.

These are the main laws that must be relied upon in the event of any misunderstandings between military personnel and military units.

Who is entitled to official housing and the norms for its issuance

Get work accommodation have every right military personnel of such categories as:

It is worth noting the fact that the entire list of servicemen is final, and only they have the right to receive official housing.

It must be taken into account that the very process of providing office space implies strict observance of the norms for living space per soldier and each member of his family.

Despite the fact that the current legislation provides for a clear norm, depending on the rank of the soldier himself, the prescribed “square” is slightly different.

For one soldier, including members of his family today, it is considered to be norm 18 square meters. It is imperative to pay attention to the clauses of the social contract of employment. Why? This is due to the fact that these norms must be indicated in this agreement without fail, and if they are violated, you can safely file a complaint against the military unit.

At the same time, in real life, the family of a serviceman, upon receiving departmental housing, can count on 9 square meters of living space for each of them. In turn, 18 sq. meters are calculated by military personnel whose family consists of 4 or more people, including minor children.

It must be understood that when issuing living space with a quadrature of 9 square meters. meters per person is provided only with the consent of the soldier. But, given that there are often situations when a decision is made on a voluntary-compulsory basis, then it is better to be content with what we have.

The procedure for providing service housing

Many military personnel of our country do not know where to apply and how to write an application correctly.

Let's consider these questions separately.

Where should you apply?

In order to be able to receive official housing from the service fund of the military executive department at the place of military service for military personnel, it is necessary to contact directly Housing Department of the Ministry of Defense of the Russian Federation.

How to write an application

When applying, in addition to the basic documents, the serviceman must provide the appropriate statement.

If we talk about the statement itself, then in it must be contained information such as:

• initials of the applicant;
• passport data;
• the name of the institution where it is submitted;
• the address where the serviceman is serving under the contract;
• date of issue and signature.

List of required documents

If there should be no problems with the application itself, then there is still no reason to rejoice, since it is necessary to know about the main list of documents that accompany the application itself.

According to the current legislation, together with the application it is necessary to provide such list of documents:

• an extract on the lack of own housing from the soldier himself, as well as from each member of his family with whom he claims to receive service housing. This extract is provided from the unified registry base in the passport office. Moreover, this extract must contain information that over the past 5 years the serviceman has not sold or bought any real estate, otherwise they may refuse to provide service housing;
• a copy of the marriage registration certificate. If the soldier is divorced, a copy of the relevant certificate must be provided;
• a copy of the passport of the soldier himself, as well as his family members. If you have children, you must provide copies of their birth certificates;
• a copy of documents on military service in the region where the serviceman wants to receive service housing;
• original ;
• documents that confirm the fact of the lack of housing, which was received under a social contract;
• and, in fact, the statement itself.

In addition to this main list of documents, they may be asked for a certificate indicating the region of residence of minor children who stayed with their mother after a divorce, or to present other documents.

Registration procedure

Registration process

Registration process serviceman in service housing is as follows:

Consent or refusal to register:

• if the report was accepted and at the same time a positive decision was made on this issue, it is necessary to transfer the received written answer together with the necessary documents to the passport office in the region where the military unit is located;
• if, in the opinion of the serviceman, the refusal to grant the right to registration followed illegally, he has every reason to apply to the judicial authority or to the military prosecutor's office.

It is worth noting that there is no need to give permission or refuse to register if the registered soldier decided to additionally register a minor child or children in the service apartment.

The documents

To register as a soldier, you must present such the documents:

• a document that indicates the consent of the owners of the apartment to the registration of a military man in it. Such a document is issued by the Department of the Ministry of Defense in a particular region of residence;
• originals and copies of passports of all family members who apply for registration. If there are children, originals with copies of birth certificates are also required;
• application for registration of residence permit;
• report.

It is worth noting that the registration procedure is free and there is no charge for it.

The application itself is drawn up according to form No. 6, only in addition to the address of the military unit, it is necessary to indicate the address of the housing itself, where it is located.

All documents must be submitted personally to the military personnel and no powers of attorney are valid in this case.

How is a report written?

The report is submitted to the commander of the military unit, who gives his consent to registration in service housing.

This document is required should be contained such information:

• the initials of the soldier;
• what title;
• what is the composition of the family;
• request for a residence permit.

As you can see, the procedure for registration in a service apartment is quite simple and any serviceman of our country can handle it.

Is it possible to privatize corporate housing

According to the Federal Law “On the Privatization of the Housing Fund of the Russian Federation”, military personnel who live in an apartment provided by the state or a municipal body under a rental agreement have the full right to privatize it.

Military personnel, including members of their families, have the full right to gratuitous registration in their ownership of the apartments or houses they occupy. However, there is a small exception: apartments or other residential premises cannot be privatized if they are located in gated towns. In simple terms, this is directly related to military camps, where civilian access is limited.

In order to be able to privatize, it is necessary, first of all, to change the status of this housing and formalize the transfer to municipal ownership.

After this procedure, the apartment or other residential premises will no longer have the status of service housing and there is every reason for its further privatization.

But it must be borne in mind that this will take a lot of time and nerves, but, as practice shows, it's worth it.

Eviction order

The law clearly provides that eviction from service housing is possible only if the serviceman leaves or is transferred to another region.

In the event that a serviceman is dismissed or transferred to a new place of service, service housing is subject to mandatory surrender and, accordingly, all prescribed in it are written out.

In addition, it is necessary to remember one more nuance: the agreement can be terminated by voluntary agreement of the parties, or if the serviceman has acquired his personal property.

According to the Housing Code of the Russian Federation, a serviceman is obliged, upon the occurrence of any of the above conditions, to move out of the apartment within 3 months.

If a serviceman refuses to be evicted on a voluntary basis, this can be done forcibly by a decision of the court.

Without fail, a special commission checks its condition before accepting an apartment. If it turns out that after the surrender it is unsatisfactory, the serviceman will have to compensate for the losses.

How to cancel this type of housing

If we are talking about how to refuse a service apartment that is offered to a soldier, then here you need to refer to the instructions, which are clearly spelled out in the Order of the Ministry of Defense No. 1280.

It clearly states that after a serviceman has been offered a living space, within the next 5 days he has every right to refuse it.

During this period, he notifies the relevant authority that provides this accommodation of his disagreement.

In the event that no notifications have been received from the serviceman, the relevant body has the right to provide this housing to other needy servicemen who are included in the list and follow in turn the military who refused housing.

See the following video for information on providing service housing:

Good evening!

The provision of housing to military personnel is regulated by Order No. 1280 of the Minister of Defense of the Russian Federation dated September 30, 2010 (as amended on March 21, 2013) “On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social contract of employment and official residential premises” (together with the “Instruction on the provision of military personnel - citizens of the Russian Federation doing military service under a contract in the Armed Forces of the Russian Federation, living quarters under a social contract of employment", "Instruction on the provision of military personnel - citizens of the Russian Federation, doing military service under a contract in the Armed Forces of the Russian Federation, office living quarters") ( Registered in the Ministry of Justice of Russia on October 27, 2010 N 18841).

According to this document, housing is distributed in order of priority to those in need of better housing conditions.

11. Residential premises provided under a social tenancy agreement (hereinafter referred to as residential premises) are distributed by the authorized body military personnel registered as those in need of residential premises, in turn, which is determined by the date of registration of military personnel in need of residential premises, if the indicated dates coincide, the order is determined taking into account the total duration of military service as of the date of registration of those in need of residential premises.

12. Not later than ten working days from the date of receipt by the authorized body of information about residential premises that can be distributed, the authorized body delivers, against receipt or in another way, indicating the fact and date of its receipt, to the military personnel registered in need of residential premises, notices on the distribution of residential premises according to the recommended model (Appendix N 6 to this Instruction).

13. Military personnel registered in need of residential premises, after receiving the notices specified in paragraph 12 of this Instruction, with their consent with the provision of distributed residential premises within five days from the date of receipt of the notice, send to the authorized body consent to the provision of distributed living quarters, drawn up in spine N 1 to the notice of the distribution of living quarters according to the recommended sample in accordance with Appendix N 6 to these Instructions and within thirty days from the date of receipt of the notice send the information specified in subparagraph "i" of paragraph 1 of this Instruction as of the date of issuance of the notice, as well as copies of documents proving the identity of military personnel and members of their families cohabiting with them (passports with data on registration at the place of residence, birth certificates of persons who do not have passports). If military personnel and members of their families changed their place of residence within five years prior to the date of issue of the notice, extracts from house books and copies of financial personal accounts from these places of residence are provided to the authorized body.

14. Residential premises are provided in accordance with the standards established by Article 15.1 of the Federal Law of May 27, 1998 N 76-ФЗ “On the Status of Military Personnel”. their families on the property right.

I do not see any restriction on the distance from the duty station either in this document or in any other. It appears that the rationale for the refusal was far-fetched.

The variety of forms of implementation of housing rights by military personnel and the peculiarities of their implementation give rise to many problems that require thoughtful legislative regulation and the development of uniform judicial practice. One such problem is abuse of power.

Without pretending to clarify all the possible ways of abuse of the right associated with the implementation of housing rights by military personnel, let us turn to the analysis of a separate issue that is relevant and not described on the pages of the magazine - the refusal of a serviceman from the provided housing.

In the legal literature there is no unambiguous concept of "abuse of the right". A number of authors completely reject this concept, considering it contradictory, devoid of any legal meaning, since the exercise of a right cannot be illegal. The meaning of this position is that since a person in his behavior has gone beyond the content of the subjective right granted to him, he cannot be considered a person exercising his right. In this case, it does not abuse its right, but only acts illegally.<1>.

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<1>Agarkov M.M. The problem of abuse of law in Soviet civil law // Izvestiya AN SSSR. Department of Economics and Law. 1946. N 6. S. 427; Samoilova M.V. The right of personal property of citizens of the USSR: Abstract of the thesis. dis. … cand. Sciences. L., 1965. Pp. eleven.

Nevertheless, housing is one of the basic life benefits for any person. This issue is especially relevant for those military personnel who serve at the disposal of commanders (chiefs) and cannot be dismissed from military service without providing housing.
According to the Military Collegium of the Supreme Court of the Russian Federation, one of the main reasons for the violation of the housing rights of discharged military personnel is the acquisition of housing in regions that are not in demand by discharged military personnel as a chosen permanent place of residence or with consumer qualities below typical<2>.
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<2>Information on the consideration by military courts of civil cases related to the housing of military personnel, citizens discharged from military service, and members of their families // Law in the Armed Forces. 2012. N 6. S. 33 - 58.

In accordance with paragraph 1 of Art. 15 of the Federal Law "On the Status of Servicemen", the state guarantees servicemen the provision of residential premises or the allocation of funds for their acquisition in the manner and on the conditions established by federal laws and other regulatory legal acts of the Russian Federation.
As stated in paragraph 19 of Art. 15 of the aforementioned Law, military servicemen-citizens undergoing military service under a contract, recognized as in need of residential premises, citizens dismissed from military service, registered as in need of residential premises in the federal executive body, in which military service is provided for by federal law, those who refuse the proposed housing located at the place of military service or at the chosen place of residence, which meets the requirements established by the legislation of the Russian Federation, as well as those who have expressed a desire to change the previously chosen place of residence, are provided with a housing subsidy.
According to paragraph 5 of Appendix N 1 to Order of the Minister of Defense of the Russian Federation of October 13, 2011 N 1850 "On the implementation of the Decree of the Government of the Russian Federation of June 29, 2011 N 512", the requirements of military personnel (citizens dismissed from military service), unfounded norms of federal legislation on the provision of residential premises in a specific place, house, floor, at a specific address, with a certain number of rooms, a certain number of residential premises, are not subject to satisfaction.
In accordance with the above Order, if military personnel (citizens dismissed from military service) do not agree with the provision of distributed residential premises, they, within five days from the date of receipt of the notification, send to the authorized body (structural subdivision of the authorized body) a refusal to provide distributed residential premises, drawn up in the back of notice.
In case of non-receipt from the military personnel (citizens dismissed from military service) to whom notices were sent, consent to the provision of distributed residential premises within five days from the date of receipt by the authorized body of the notification of delivery of notices to military personnel (citizens dismissed from military service), these residential premises are distributed among other military personnel (citizens dismissed from military service) who are registered.
The draft Decree of the Plenum of the Supreme Court of the Russian Federation "On the practice of application by the courts of legislation on military duty, military service and the status of military personnel" recommends that the attention of the courts be drawn to the fact that the legislation of the Russian Federation does not contain any conditions that allow a military serviceman (a citizen discharged from military service) to make additional demands on the comfortable housing provided to him at the place of military service or at the chosen place of residence, and the refusal of such housing on the grounds of the lack of the right to choose housing must be recognized by the court as unreasonable.
If a serviceman who is doing military service on a voluntary basis before receiving a living quarters unreasonably refuses the provided living quarters for the indicated reasons, the actions of such a military man may be regarded as an abuse of the right. In this case, the subsequent dismissal of a serviceman with the registration of those in need of residential premises will be lawful.
On February 18, 2014, a military picket was held on Gogolevsky Boulevard in Moscow over numerous violations related to the construction and operation of housing in the Moscow region. According to the servicemen, houses for those on the waiting list were built on the territory of the Podrezkovo industrial zone, without carrying out land reclamation and without changing the boundaries of the sanitary protection zone of the nearby Cherkizovsky northern cemetery.
In a collective appeal addressed to V. Putin, voiced at the picket, the servicemen asked to stop settling the Moscow district of Molzhaninovo, and also not to believe the reports of officials of the Russian Ministry of Defense that the issue of providing military housing has been practically resolved, since this is not true.
According to the servicemen, apart from the functioning Cherkizovsky Northern Cemetery, there is no infrastructure at all on the said territory. On the territory of the Podrezkovo industrial zone, in accordance with the requirements of SanPiNs, only industrial and cultural facilities are allowed to be built. The construction of a residential building was carried out within the aerodrome territory of Sheremetyevo Airport. As early as March 2011, Moscow Mayor S. Sobyanin informed the then Minister of Defense A. Serdyukov about the need for these measures.<3>.
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<3>URL: http://izvestia.ru/news.

From the above example, it follows that in order to determine whether the refusal of a soldier from housing is an abuse of the right, it is necessary to investigate the question of what conditions the housing provided must meet (location, infrastructure, etc.).
According to Part 1 of Art. 15 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the object of housing rights is residential premises.
Residential premises are isolated premises, which are immovable property and suitable for permanent residence of citizens. Thus, a dwelling has a number of legal features and, in addition, there is a certain procedure for recognizing the premises as residential, as well as the requirements that the dwelling must meet.
The dwelling must be provided with engineering systems (electric lighting, domestic and drinking and hot water supply, drainage, heating and ventilation, and in gasified areas also gas supply). Engineering systems (ventilation, heating, water supply, sanitation, elevators, etc.), equipment and mechanisms located in residential premises, as well as being part of the common property of owners of premises in an apartment building, must comply with the requirements of sanitary and epidemiological safety<4>.
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<4>Decree of the Government of the Russian Federation of January 28, 2006 N 47 "On Approval of the Regulations on Recognizing Premises as Residential Premises, Residential Premises Unsuitable for Living and an Apartment Building as Emergency and Subject to Demolition or Reconstruction".

In accordance with the Constitution of the Russian Federation and international acts on human rights, every citizen of the Russian Federation has the right to freedom of movement, choice of place of stay and residence within the Russian Federation.
As stated in Parts 4 and 5 of Art. 1 of the Housing Code of the Russian Federation, citizens legally located on the territory of the Russian Federation have the right to freely choose residential premises for living as tenants or on other grounds provided for by law.
The wording "the right to free choice of living quarters" in this case should be taken as a free choice of the possibility of satisfying the need for housing. However, the provision on the freedom to choose a dwelling seems to be extremely doubtful. It suffices to refer to Art. 49 of the Housing Code of the Russian Federation on the provision of housing under a social tenancy agreement. The procedure for obtaining such housing is so "strict" that the choice of housing is out of the question. The edition of parts 4 and 5 is, of course, unsuccessful in this respect. The envisaged "freedom of choice of housing" should be understood as the free choice of the possibility of meeting the need for housing<5>.
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<5>Sheshko G.F. The right to housing: constitutional principles and housing legislation // Civilist. 2007. No. 4.

As stated in Art. 57 of the Housing Code of the Russian Federation, residential premises are provided to citizens at their place of residence (within the boundaries of the corresponding settlement), as a rule, in the form of a separate apartment within the social norm. When providing a dwelling under a social tenancy agreement to a citizen who owns a dwelling, the area of ​​the dwelling owned by him shall be taken into account. Based on Part 1 of Art. 58 of the Housing Code of the Russian Federation, when providing residential premises, the interests of not only the serviceman, but also his family members should be taken into account. It is allowed to settle in one room by persons of different sexes, with the exception of spouses, only with their consent.
In accordance with paragraphs 5.1 and 5.2 of SNiP 31-01-2003 dated June 23, 2003 N 109 "Residential multi-apartment buildings", adopted by the Decree of the Gosstroy of Russia, apartments in residential buildings should be designed based on the conditions for settling them by one family.
In accordance with the Housing Code of the Russian Federation, an apartment is recognized as a structurally separate room in an apartment building that provides direct access to common areas in such a house and consists of one or more rooms, as well as auxiliary premises intended to meet citizens' domestic and other needs related to their living in such a separate room.
The main criterion for classifying premises as residential premises is their inclusion in the housing stock.
As the study of the problem shows, very often the question arises among military personnel whether it will be considered an abuse of the right to refuse to receive housing, which is located in a house that has not been put into operation.<6>.
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<6>Forum of legal mutual assistance of military personnel / URL: http://voensud.ru. The heading "distributed, but the keys are not given."

As stated in Art. 57 of the Housing Code of the Russian Federation, the decision to provide housing is the basis for concluding a social tenancy agreement. A social tenancy agreement is the basis for moving the relevant citizen into the provided housing.
Order of the Minister of Defense of the Russian Federation of November 18, 2010 N 1550 "On the organization in the Ministry of Defense of the Russian Federation of activities to provide military personnel serving under a contract in the Armed Forces of the Russian Federation with living quarters" approved the Instruction, which determines the tasks and procedure for organizing activities central bodies of military administration to provide military personnel serving under a contract in the Armed Forces of the Russian Federation with living quarters provided under a social contract of employment, and office living quarters.
From the above Order, it follows that the duties of the Department of Housing of the Ministry of Defense of the Russian Federation include the conclusion (termination, amendment) of contracts for social rental of housing and employment of service housing with military personnel.
Clause 5 of the Model Agreement for Social Tenancy of Residential Premises, approved by Decree of the Government of the Russian Federation of May 21, 2005 N 315, also states that the landlord is obliged to transfer to the tenant under the act within 10 days from the date of signing the agreement free from the rights of other persons and suitable living quarters for living in a condition that meets the requirements of fire safety, sanitary and hygienic, environmental and other requirements.
The requirements for residential premises are enshrined in Decree of the Government of the Russian Federation of January 28, 2006 N 47 "On Approval of the Regulations on Recognizing Premises as Residential Premises, Residential Premises Unsuitable for Living and an Apartment Building as Emergency and Subject to Demolition or Reconstruction".
Next, we will dwell on the requirements for the location of the provided residential premises.
In accordance with paragraph 2 of part 1 of Art. 40 of the Land Code of the Russian Federation, the owner of a land plot has the right to erect residential buildings, structures, structures in accordance with the intended purpose of the land plot and its permitted use in compliance with the requirements of urban planning regulations, construction, environmental, sanitary and hygienic, fire and other rules, regulations.
The Decree of the Government of the Russian Federation "On Approval of the Regulations on Recognizing Premises as Residential Premises, Residential Premises Unsuitable for Habitation and an Apartment Building as Emergency and Subject to Demolition or Reconstruction" states that residential premises should be located mainly in houses located in a residential area in accordance with functional zoning territory.
As indicated in the Decree of the Chief State Sanitary Doctor of the Russian Federation dated June 10, 2010 N 64 "On approval of SanPiN 2.1.2.2645-10", the site allocated for the placement of residential buildings must be located outside the territory of industrial and communal, sanitary protection zones of enterprises , structures and other objects, the first belt of the zone of sanitary protection of water supply sources and drinking water pipelines.
Next, let's look at infrastructure requirements.
According to SNiP 2.07.01-89 (SP 42.13330.2011), approved by the Order of the Ministry of Regional Development of Russia of December 28, 2010 N 820, residential areas must be provided in order to create a comfortable, healthy and safe living environment for the population. Objects and activities that are not compatible with the requirements of these standards are not allowed to be placed in residential areas.
Institutions and service enterprises should be located on the territory of urban and rural settlements, bringing them closer to the places of residence and work, providing, as a rule, the formation of public centers in conjunction with the public passenger transport network.
When calculating institutions and service enterprises, social security standards developed in the prescribed manner should be adopted. For approximate calculations, the number of institutions and service enterprises and the size of their land plots may be taken in accordance with the recommended application.
In the Order of the Ministry of Regional Development of Russia dated December 28, 2010 N 820 "On approval of the set of rules" SNiP 2.07.01-89 "Urban planning. Planning and development of urban and rural settlements"<7>the permissible distance from cemeteries to the walls of residential buildings was determined, which should be at least 100 m, and the distance from the boundaries of the site of an industrial enterprise to residential buildings, areas of preschool institutions, secondary schools, health care and recreation institutions should be taken at least 50 m<8>.
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<7>Bull. construction equipment. 2011. N 3.
<8>SNiP 2.07.01-89 Urban planning. Planning and development of urban and rural settlements. M., 1994.

Sanitary and epidemiological requirements for living conditions in residential buildings and premises, which entered into force on August 15, 2010, say that "the land plot allocated for construction should provide for the possibility of organizing a house adjoining territory with clear functional zoning and placement of recreation areas, playgrounds, sports, utility sites, guest parking lots, green spaces" (clause 2.3 SanPiN 2.1.2.2645-10 dated June 10, 2010).
When developing documents on planning the territory for a separate section of the territory, occupying part of the territory of a quarter or microdistrict, it is necessary to ensure the compatibility of the objects to be placed with the surrounding buildings and the required level of social and cultural services for the population for the quarter (microdistrict) as a whole.
In conclusion, it should be emphasized that the legislation highlights the following features of a dwelling: immovable nature, isolation and suitability for permanent residence of citizens (compliance with established sanitary and technical rules and regulations, other requirements of the law), the presence of which at the premises allows it to acquire the status of a dwelling, which arises from the moment of legal establishment of the conformity of the premises to the characteristics of the residential premises.
According to Art. 131 of the Civil Code of the Russian Federation, the right of ownership and other real rights to immovable things, restrictions on these rights, their occurrence, transfer and termination are subject to state registration in the unified state register. Thus, if an apartment building is not put into operation, it will be impossible to register the rights to it as real estate in the Unified Register of Rights to Real Estate and Transactions with It.
In accordance with Art. 219 of the Civil Code of the Russian Federation, the right of ownership to buildings, structures and other newly created real estate subject to state registration arises from the moment of such registration. Thus, if there is no real estate registration, there is no real estate object, and if there is no permission to put the real estate object into operation, its registration is impossible.
In accordance with paragraph 21 of the Instruction approved by Order of the Minister of Defense of the Russian Federation of November 18, 2010 N 1550 "On the organization in the Ministry of Defense of the Russian Federation of activities to provide military personnel undergoing military service under a contract in the Armed Forces of the Russian Federation with living quarters", information on the state registration of the right of ownership of the Russian Federation to acquired and constructed residential premises and on the state registration of the right of operational management to residential premises is sent within two working days by the Department of Property Relations to the Department of Housing for distribution and conclusion of social rental agreements with military personnel in the prescribed manner premises (hiring office accommodation).

Thus, the refusal of the provided housing, which is not such due to non-compliance with the requirements established by law, cannot be an abuse of the right on the part of a serviceman.

Kalashnikov V.V., head of the educational unit - deputy head of the military department at the Russian Academy of Justice, candidate of legal sciences, lieutenant colonel of justice.

• 1 Introduction to the topic
• 2 How to file a waiver
• 3 When it can be beneficial to move away from corporate housing
• 4 Registration procedure
• 5 Important points

Need legal advice? We will give expert advice in a difficult situation Introduction to the topic The first part of the Federal Law No. 76 dated May 27, 1998 guarantees that every serviceman of the Russian Federation must be provided with housing or monetary compensation for hiring, while the living space provided by the state must meet the requirements prescribed in another article of the legislative act - article 15.1. According to its text, a serviceman must be provided with housing with an area of ​​at least 18 m², at the same time, exactly the same area relies on each member of the military family with whom he lives together.

Refusal of a room in a hostel by military personnel

Hostel: 4 floors, 1 bathroom, shower in the basement + a certain contingent. Question: how can I motivate my refusal in order to once again have the right to apply for consideration of my issue at the commission? Is the child’s illness the reason for refusing such housing (two children have enuresis, one has hydrocephalic syndrome - we are registered with a neurologist with both). Or is it possible to indicate some other reason? The administration has such a fund. The motive for issuing housing: at the moment there is no suitable apartment in the fund. I am not standing in any queue. This is a service residence. At work time.

Is it possible for a soldier to refuse service housing?

Apartments in emergency and dilapidated houses are also sufficient reason to think about refusal. If the housing offered is less than what you are entitled to by law, it is also advantageous in many cases to refuse to receive it in favor of the compensation paid. Often there are situations when a serviceman rents an apartment at the expense of sublease money paid to him, while the proposed apartment can be much smaller, or geographically located in an inconvenient place.

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In such cases, it is also beneficial for the serviceman to refuse to receive it. In addition, often the form of security in the form of payment of monetary compensation is made in an amount exceeding the cost of renting housing. Thus, the soldier gets the opportunity to accumulate finances or use them for their own needs.

In such cases, it may seem to many that it is more beneficial to keep the compensation for hiring.

We rent. refusal of service housing in favor of sub-rental.

Attention

Nevertheless, it is worth recalling once again that the refusal must be motivated, so you need to provide some, albeit formal, but still a good reason. Registration procedure Registration of the refusal must be carried out within 5 days after the serviceman was informed about the proposed living space. Within this period, it is necessary to send a personal written refusal to the appropriate subdivision of the authorized body.

It is issued on form No. 2, which is always attached to the message on the proposed living space. The application form can be free, but it is recommended to use form No. 4, attached to the special instruction of the Ministry of Defense of the Russian Federation.

How can a soldier apply for a housing waiver?

Regulations on the payment of monetary compensation for the hiring (sublease) of residential premises to military personnel - citizens of the Russian Federation who are doing military service under a contract, and members of their families, approved by Decree N 909, monetary compensation is paid to military personnel if it is impossible to provide residential premises in accordance with the legislation of the Russian Federation at the request of military personnel at the expense of funds allocated from the federal budget for these purposes to the federal executive body in which military service is provided for by federal law, in the amount provided for by the housing (sublease) contract concluded in writing, but not more than the established amounts. the basis of the foregoing based on a system analysis of paragraph 3 of Art. 15 of the Federal Law N 76-FZ and p.

Forum of Legal Mutual Assistance for Military Personnel

The state pays great attention to providing military personnel with the necessary housing. Based on the current legislation, each military man must be provided with funds for the acquisition or construction of his own living space, or he must be provided with living space. Of course, every person dreams of their own apartment, and at first glance it seems that there are no people who want to refuse the housing provided.
Nevertheless, in practice, it is far from uncommon when a person doing military service under a contract, or a professional military man, refuses the allocated living space. In this material, we will talk about why it is not always profitable to receive housing from the state, and how to properly issue a corresponding refusal.