Hello. According to the Decree of the Government of the Russian Federation of March 21, 2006 N 153
(as amended on February 18, 2013)
“On some issues of the implementation of the subprogram “Fulfillment of state obligations to provide housing for categories of citizens established by federal legislation” of the federal target program “Housing” for 2011-2015”
(together with the "Rules for the issuance and sale of state housing certificates as part of the implementation of the subprogram "Fulfillment of state obligations to provide housing for categories of citizens established by federal law" of the federal target program "Housing" for 2011 - 2015")

The following categories of citizens of the Russian Federation (hereinafter referred to as citizens) have the right to receive a social payment certified by a certificate under the subprogram: (as amended by Decree of the Government of the Russian Federation of 12.07. with the exception of participants in the accumulative-mortgage housing system for military personnel), employees of internal affairs bodies subject to dismissal from military service (service), and persons equated to them, recognized in the prescribed manner in need of residential premises: .2011 N 561) (see the text in the previous edition) military personnel subject to dismissal from military service upon reaching the age limit for military service, or for health reasons, or in connection with organizational and staffing measures, the total duration of military service of which is calendar calculation is 10 years or more; employees of the internal affairs bodies of the Russian Federation maintained at the expense of the federal budget and dismissed from service upon reaching the age limit for service, or for health reasons, or in connection with organizational and staffing measures, the total duration of service of which in calendar terms is 10 years and more; military personnel subject to dismissal from military service upon expiration of the contract or for family reasons specified in subparagraph “c” of paragraph 3 of Article 51 of the Federal Law “On military duty and military service”, and citizens dismissed from military service on these grounds, total duration whose military service in calendar terms is 20 years or more, and who are registered with those in need of residential premises in the federal executive body; (as amended by Decree of the Government of the Russian Federation of 12.07. of the Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters, maintained at the expense of the federal budget and dismissed from service upon reaching the age limit for service, or for health reasons, or in connection with organizational and staff measures , the total duration of service to which in calendar terms is 10 years or more; employees of institutions and bodies of the penitentiary system, maintained at the expense of the federal budget and dismissed from service upon reaching the age limit for service, or for health reasons, or in connection with organizational and staffing activities, the total duration of service of which in calendar terms is 10 years or more; citizens dismissed from military service (service) upon reaching the age limit for military service (service), or for health reasons, or in connection with organizational and staffing activities, the total duration of military service (service) in calendar terms is 10 years and more, and registered after dismissal in need of residential premises in the federal executive body; (as amended by Decrees of the Government of the Russian Federation of October 15, 2007 N 681, of July 12, 2011 N 561) (see the text in the previous edition) citizens dismissed from service in the federal tax police with the right to a pension, who were registered with those in need of residential premises in these bodies and registered as those in need of housing in the internal affairs bodies at the place of their pension provision; (as amended by Decree of the Government of the Russian Federation of 12.07. employees of the internal affairs bodies of the Russian Federation, employees of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters , employees of institutions and bodies of criminal -executive system, who died (deceased) during the period of military service (service), who acquired the right to provide living quarters before the death (death) of a serviceman (employee) and are registered with the federal executive body in need of living quarters. At the same time, widows (widowers) of these citizens are entitled to receive social benefits certified by a certificate until remarriage; (the paragraph was introduced by Decree of the Government of the Russian Federation of 07.12. who participated in the accumulative-mortgage housing system for military personnel), who died (deceased) after being discharged from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staffing measures, the total duration of military service of which is 10 years and more, who have acquired the right to provide living quarters until the death (death) of a citizen dismissed from military service, and are registered with the federal executive body in need of living quarters. At the same time, widows (widowers) of these citizens are entitled to receive social benefits certified by a certificate until remarriage; (the paragraph was introduced by Decree of the Government of the Russian Federation of 07.12. settlements of institutions with special conditions of economic activity (hereinafter referred to as settlements). The list of settlements, the resettlement of citizens from which is carried out using a social payment certified by a certificate, is approved by the Government of the Russian Federation on the proposal of the Ministry of Justice of the Russian Federation; ) - d) have become invalid. - Decree of the Government of the Russian Federation of July 12, 2011 N 561; (see the text in the previous edition) ) from work at the Baikonur complex, the grounds for dismissal of which are (were) retirement due to age, or the liquidation of the organization, or the reduction in the number or staff of employees, or the state of health, registered by the administration of Baikonur as in need of housing and who do not have housing on the territory of the Russian Federation; (as amended by Decree of the Government of the Russian Federation of 12.07.2011 N 561) (see the text in the previous edition) , and persons equated to them, registered as those in need of better housing conditions, who have the right to provide housing at the expense of the federal budget in accordance with articles 14, 15, 16, 17 and 22 of the Law of the Russian Federation of May 15, 1991 N 1244-1 "On the social protection of citizens exposed to radiation due to the Chernobyl nuclear power plant disaster", Federal Law of November 26, 1998 N 175-FZ "On the social protection of citizens of the Russian Federation exposed to radiation as a result of the accident in 1957 at the Mayak production association and the discharge of radioactive waste into the Techa River" and the Decree of the Supreme Council of the Russian Federation of 27 December 1991 N 2123-1 “On the extension of the RSFSR Law “On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster” to citizens from special risk units; (as amended. Decrees of the Government of the Russian Federation of 10.04.2008 N 257, of 12.07.2011 N 561) (see the text in the previous edition) local self-government bodies are registered as those in need of receiving residential premises; h) citizens leaving (left) from the regions of the Far North and areas equated to them, who are entitled to receive social benefits in accordance with the Federal Law "On Housing Subsidies to Citizens Leaving the Regions of the Far North and areas equated to them"; (para. "h" in red. Decree of the Government of the Russian Federation of 03.11.2011 N 909) (see the text in the previous edition) i) citizens leaving settlements (including cities, towns), from polar stations located in the regions of the Far North and equivalent areas and closed in accordance with the legislation of the Russian Federation on the basis of decisions of state authorities of the constituent entities of the Russian Federation in agreement with the Government of the Russian Federation (hereinafter referred to as the closing settlements), which are entitled to receive social benefits in accordance with the Federal Law “On Housing Subsidies for Citizens Leaving closed settlements in the regions of the Far North and equivalent areas.

In fact, the father of the child will receive the certificate, and the apartment will be his property.

If you have a good relationship and he is not opposed to receiving part of the apartment as a child, then let him simply make a donation for his daughter, after registering the ownership of the apartment. At the same time, she will have the right to live and use the apartment in any case.

Essence of the question:

My name is O. - I am the daughter of a military colonel, 59 years old. A week ago, the father received a notification about the distribution of housing in N. with a total area of ​​145 sq.m (2 apartments) for 7 members of his family, according to a personal file. 160 sq.m. Now you need to collect the documents and fill in the information about the availability of property. Now I find out that my father in 2006. accepted an apartment in the N. region as a gift from his mother, received a certificate of ownership and for 6 years, as a happy gifted 35 sq.m. The rest of the family members were not noticed in anything, they did not accept gifts.

Based on the proposed housing in excess of 2 square meters. Can we be denied housing even if we agree to pay 20 over the norm? So much waiting...

Is it possible to do something, taking into account the fact that the mother of the father is registered and lives on the donated 35 meters (a disabled person of the 1st group, 88 years old, the wife of a war veteran), she is not included in the personal file as a family member, she is actually a dependent (the father is the only son, pays for doctors and a nurse, and he himself comes once a month), but is not documented.

I understand that it is possible to add her to a personal file or officially recognize her as a dependent, but this is the time .... and again to wait, they have already refused the previously offered housing in Shch. me, without our children - we all live together).

Maybe by some order you can quickly include her in the family - she is a direct relative, and in this case (160 + 18) -35 and out of the proposed 145, you will have to pay extra for just 2 meters. After all, if grandmother's meters are taken into account behind the minus, is it really impossible to take into account that she lives there? And you can't call it a deliberate worsening of conditions. If you get a refusal and file a lawsuit, will these apartments be under arrest until it is clarified (do you have an address, number of apartments)?

I beg you to help me.

Military lawyer's answer:

Hello.! Since housing is distributed based on the composition of the family in accordance with the norms of provision, and in excess of housing only maybe granted, in which case it may happen that this housing is reallocated to someone else. You have no right to demand the provision of these apartments.

As for the father's mother.

According to the Plenum of the Supreme Court of the Russian Federation dated February 14, 2000 No. 9, on the grounds established by law, residential premises are provided to military personnel and their family members living with them. When deciding who should be considered as members of the family of a soldier who is entitled to housing, one should be guided by norms of the Housing Code of the Russian Federation.

So, according to Art. 69 of the Housing Code of the Russian Federation, family members of the tenant of housing under a social tenancy agreement include living together with him his husband, as well as children and parents this employer. Other relatives, disabled dependents are recognized as members of the tenant's family under a social tenancy agreement, if they are moved in by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of the residential premises under a social tenancy agreement.

According to Art. 31 LC RF To family members owner residential premises include residents jointly with this owner in the residential premises belonging to him, his spouse, as well as children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner's family if they are moved in by the owner as members of his family.

Thus, the circle of persons who have the right to be provided with housing together with a military serviceman is determined by the housing code, while these persons must live together with the tenant / owner of the residential premises, they may not be included in the personal file, the persons indicated in paragraph 5 of Art. 2 of the Federal Law of the Russian Federation of 1998 “On the Status of Servicemen”, there the subject of regulation is somewhat different, and family members of a serviceman are defined differently.

We can recommend that you, with reference to the indicated articles of the Housing Code of the Russian Federation, submit an application for clarification of the composition of the family, inclusion in the composition of the mother, without focusing on where she lives (together with you or not), since she, by virtue of a direct indication of the Law (LC RF) is a family member for housing purposes (and without entering it into a personal file) and making a decision to provide you with the specified distributed living quarters.

Every soldier in our country who does not have his own housing dreams of him, having bought it either in, or received from the state.

The legislation of the Russian Federation provides for such an opportunity, but few people know about it.

What rules of law govern? Is it possible to privatize federal housing?

Let's consider all this in more detail.

Legislative regulation

To date, the issue of providing housing for military personnel is regulated by such legislative acts:

Latest news and changes

If we talk about the latest news, then according to the latest Decree of the President of the Russian Federation military personnel cannot be transferred to the reserve if they do not have their own housing. However, this rule applies to those who have served 10 years or more.

According to this decree, the transfer to the reserve can only occur with voluntary consent the soldier himself.

In addition, the supervisory authorities must, without fail, check the provision of housing or subsidies for the construction of residential real estate before a military man is transferred to the reserve.

Housing options

Subsidy

In Order Ministry of Defense of the Russian Federation No. 510, as well as Article 15 of the Law of the Russian Federation “On the Status of Military Personnel”, clearly spell out the conditions under which a subsidy can be provided.

In particular, these are conditions:

• if the contract was concluded before January 1998 (with the exception of cadets and graduates of universities), and at the same time the military personnel are recognized as being in dire need of living space;
• the serviceman was transferred to the reserve for health reasons or for downsizing, but at the same time he managed to serve 10 or more years, and was recognized as in dire need of residential real estate. It is worth noting that this also includes those servicemen who are transferred to the reserve due to age;
• military personnel who served 20 or more years, while they used service housing.

It should be noted that the subsidy provided is one-time cash. It was formed as an alternative to the regular housing queue.

To receive this subsidy, you must be recognized as in dire need of housing. This recognition procedure is clearly spelled out by Federal Law No. 76, as well as Article 51 of the Housing Code of the Russian Federation.

Recognition requires apply to the executive branch(department) and provide the relevant list of documents.

The decision is made within one calendar month.

At calculation of the subsidy for the purchase or construction of housing for a soldier is based on 3 factors, namely:

• the very area of ​​\u200b\u200bhousing, which is due to a soldier;
• the cost standard for a meter of housing (the average price throughout the country is taken into account in the form of a coefficient that changes every six months);
• coefficient, which directly depends on the number of years of service of a serviceman.

If we talk about the required area of ​​​​housing for a soldier, then according to the standards approved by the Government of the Russian Federation, they rely on one 33 square meters. In the event that the family consists of 2 people, then 42 sq. meters, 3 and more - 18 sq. meters for each family member.

Provision of residential premises (located in federal ownership) to the property or under a social contract of employment

Federal-owned housing can be provided to military personnel who have been in the service under a contract since 1998, with the exception of cadets of military institutions, including members of their families directly at the place of service. At the same time, it is necessary to be in dire need of housing.

• officers who signed their first contract after 1998 and are living with their families;
• foremen, sergeants, midshipmen and warrant officers, soldiers and sailors who signed a contract after 1998 and live with their families;
• military personnel who received a military education after 1998 and at the same time received an officer rank after graduation. It should be noted that at the place of service they live with their families.

It must be remembered that real estate under a social contract is provided for the entire period of military service. The real estate itself is provided directly in the military camps of the closed type.

Moreover, after receiving such real estate, the serviceman is not deregistered as one who no longer needs housing.

As with the subsidy, this requires recognition of the need for housing. Thus, it is mandatory to apply to the Department of Executive Power and draw up a relevant application together with them.

After that, the employees of the department will enter the soldier in a single register as in dire need of housing.

After that, the department makes a decision on the provision of housing and, if available, sends a notification to the soldier with an offer. In turn, the serviceman gives his consent to the provided housing and after that, he is told which documents must be provided within 30 calendar days.

If we talk about ourselves documents that are needed, we are talking about such as:

• a copy of the passport of the soldier himself, and of each member of his family with whom he lives. If they have a minor child, they must also attach a copy of his birth certificate;
• a document that confirms the fact of the absence of their living space;
• bank statement for the last 5 years;
• if there are any benefits that are not related to the status of a military man, you must attach a copy of the certificate that confirms the availability of benefits.

Allocation of service housing

Service housing can be provided to all servicemen under a contract, regardless of military rank.

In its turn referred to as service housing:

• premises in a hostel;
• living quarters in houses with social services for citizens;
• residential premises allocated by the social protection of the population at the request of the relevant authorities of the military unit where the serviceman is serving;
• living quarters for orphans or children who for some reason were left without guardianship.

It should be noted that all residential premises are allocated from the state or municipal fund.

Who has the right

Get a subsidy may those military personnel who meet certain conditions, namely:

It should also be taken into account that the members of the serviceman's family themselves have the right to use this program.

More specifically, the widows of fallen servicemen have the right to apply if they do not have their own living space and they urgently need help with this. When calculating the area of ​​\u200b\u200bhousing laid by him, the share of her deceased spouse will also be taken into account.

List of required documentation

According to the Federal Law on the Provision of Subsidies for Military Personnel and Article 51 of the Housing Code of the Russian Federation, in addition to the application itself, it is necessary to provide list of such documentation, how:

• copies of passports of all family members without exception, as well as birth certificates, if there are minor children;
• a certificate from the military unit of a serviceman (this also applies to widows), which can confirm the number of years of required military experience;
• a copy of the marriage registration certificate;
• a copy of the certificate, which can confirm the availability of other social benefits (this means, for example: a certificate, and so on).

If we talk about the period of consideration of the application, then the decision is made no later than 30 calendar days from the date of acceptance by the Department of Executive Power of documents from the applicant for a subsidy.

On average, the period for consideration of an application is up to 20 calendar days.

Possibility of privatization of provided housing

According to the Federal Law “On Military Personnel”, there is an opportunity to privatize housing for those military personnel who have served for more than 20 years.

This right also applies to those military personnel who were retired for such reasons, how:

• due ;
• due to poor health;
• due to abbreviations.

All of the above military personnel have the full right to privatize real estate, which was provided from the municipal fund. A distinctive feature is the fact that you can privatize for any family member.

In order to privatize such real estate, it is necessary to prepare a list of such documentation, how:

• originals and copies of passports of all family members, including birth certificates of minor children;
• consent of all family members to privatization;
• original certificate of the number of family members registered in the apartment;
• original contract of employment;
• a copy of the personal account;
• extract from the register;
• receipt of payment of state duty.

It should be noted that during privatization it is necessary to pay state duty in the amount of 2000 rubles.

The privatization itself is carried out in the same way as the usual one. There are no distinguishing features in this.

See the following video about the provision of housing for military personnel:

The Mil.Press editors begin publishing the most interesting and relevant responses to servicemen's requests for free legal advice from the media group. In the first article, a military lawyer tells how to get an apartment from the Ministry of Defense if the military's relatives are already provided with housing.

Question:
Gave an apartment to my son 2 months ago. While registered there, but the main tenant's son. After 1.5 years - a service life of 20 years. Should I get an apartment?

Article 23. Dismissal of citizens from military service and the right to employment [Law "On the status of military personnel"] [Chapter II] [Article 23]

1. Servicemen - citizens who are doing military service under a contract and have not reached the age limit for military service, cannot be dismissed from military service without their consent until they acquire the right to a pension for long service, with the exception of cases of early dismissal on the grounds established by Federal Law "On Military Duty and Military Service".

Military personnel - citizens whose total duration of military service is 10 years or more, who are registered as in need of residential premises in the federal executive body, in which military service is provided for by federal law, without their consent cannot be dismissed from military service upon reaching by them of the age limit for military service, state of health or in connection with organizational and staff measures without providing them with housing or housing subsidies, except as provided for in paragraph three of this paragraph. If these servicemen wish to receive living quarters not at the place of dismissal from military service, they are provided with living quarters at their chosen place of residence in the manner prescribed by paragraph 14 of Article 15 of this Federal Law.

In cases where military personnel - citizens referred to in paragraph two of this paragraph, refused 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, or refused housing subsidies or did not submit documents necessary for the provision of housing or housing subsidies, within 30 days from the date of notification by the federal executive body, in which military service is provided for by federal law, of their readiness to provide housing or housing subsidies, not counting the period of temporary disability of military personnel - citizens, stay they are on vacation, on a business trip and other circumstances that objectively exclude the possibility of submitting these documents (including the time of events related to the receipt by military personnel - citizens of these documents in state bodies authorities, local authorities and organizations authorized to issue such documents), the consent of such military personnel - citizens to be discharged from military service upon reaching the age limit for military service, health status or in connection with organizational and staffing activities without providing them with housing no premises or housing subsidy required. At the same time, the procedure for notifying military servicemen - citizens of the readiness to provide them with housing or a housing subsidy and the submission by military servicemen - citizens of the documents necessary for the provision of housing and housing subsidies, shall be established by the federal executive body, in which military service is provided for by federal law. The specified military personnel - citizens in the event of their dismissal from military service upon reaching the age limit for military service, health status or in connection with organizational and staff measures without providing them with living quarters or housing subsidies, are provided with living quarters in the form and manner provided for by this Federal law.

Military personnel - citizens whose total duration of military service is 10 years or more, subject to dismissal from military service upon reaching the age limit for military service, health status or in connection with organizational and staffing measures, in the last year of military service by the Ministry of Defense of the Russian Federation (by another federal executive body in which military service is provided for by federal law), at the request of a military citizen - a citizen, a state housing certificate is issued for the purchase of housing for a family in a place of residence chosen after dismissal from military service in the manner determined by the Government of the Russian Federation.

2. In the event of unjustified dismissal from military service of military servicemen who are doing military service under a contract, the losses caused to them in connection with this are subject to compensation in full. The moral damage caused by such dismissal is subject to compensation by a court decision on the basis of the will of the serviceman. These servicemen are reinstated in military service in their previous (and with their consent - equal or not lower) positions and are provided with all types of allowances that were not received after unjustified dismissal. This period is included in the total duration of military service and the period determined for conferring the next military rank. Taking into account the design and technical parameters of an apartment building or residential building, residential premises provided in accordance with this Federal Law to the property free of charge or under a social tenancy agreement may be provided with a total area exceeding the size of the total area of ​​the residential premises, determined on the basis of the norm for the provision of the area of ​​​​the residential premises specified in paragraph 1 of this article, and the increase in the size of the total area of ​​\u200b\u200bliving premises provided for in paragraph 2 of this article. Such an excess may be no more than nine square meters of the total living area in total, for a soldier living alone, a citizen dismissed from military service, a family member of a deceased (deceased) soldier, a family member of a deceased (deceased) citizen dismissed from military service, - no more than 18 square meters of the total area of ​​​​the dwelling. Thus, when determining the size of the allocated living space for the composition of the family of a serviceman, the living space of each family member will be taken into account, if it is in their ownership at the time of allocation (distribution) of housing.

In accordance with part 2 of article 51 of the HC RF, if a citizen and (or) members of his family have several residential premises occupied under social tenancy agreements and (or) owned by them, the determination of the level of provision with the total area of ​​\u200b\u200bthe residential premises is carried out on the basis of from the total total area of ​​​​all specified residential premises. Article 57 of the Housing Code of the Russian Federation determines that when determining the total area of ​​​​a dwelling provided under a social tenancy agreement to a citizen who owns a dwelling, the area of ​​the dwelling owned by him is taken into account.

When providing a citizen with housing under a social tenancy agreement, actions and civil law transactions with residential premises are taken into account, the commission of which led to a decrease in the size of the occupied premises or to their alienation (pay special attention - a lawyer). The specified transactions and actions are taken into account for the period established by the law of the constituent entity of the Russian Federation preceding the provision of housing to a citizen under a social tenancy agreement, but not less than five years.

If you are a serviceman and want to get advice on the conclusion and termination of a contract, financial and material support for military personnel, violation of rights, laws and orders, as well as other topical issues, you can contact the free legal advice of the Mil.Press media holding. You can also see a list of the most popular questions and almost a thousand answers already given by Mil.Press lawyers.

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