State housing policy is one of the main activities of state bodies in the center and in the field. Reform in the housing sector is among the most important state tasks requiring priority solutions.
The right of citizens to housing can be reduced to three legal postulates (Article 40 of the Constitution of Russia):
- stable, sustainable, permanent use of residential premises in all types of housing stock;
- improvement of living conditions in houses of all types of housing stock;
- ensuring a healthy living environment, creating a living environment worthy of a civilized person.
IN new system housing policy, neither the state nor local governments accumulate funds from the population for subsequent state and municipal housing construction and distribution of apartments to persons in need of housing. Each citizen independently seeks funds, relying only to a certain extent on the system of compensations (subsidies) and loans, for the acquisition or construction of housing, both in the city and in the countryside, not counting on solving the housing problem at the expense of state, municipal and public housing funds.
Socially unprotected citizens are provided with living quarters in accordance with the norms established by law from state, municipal and other housing funds. They will be able to use the provided space on the terms of renting a dwelling, either for an affordable rent, or free of charge. The provision of residential premises under a lease agreement in the houses of state or municipal housing funds, as before, is carried out without payment of their construction cost.
The housing issue, characterized by a chronic and absolute shortage of housing, has always existed in the Russian Federation. Today, the housing problem not only persists on the whole, but is exacerbated. Many factors contribute to this: the lack of resources for the expanded reproduction of housing, the constant influx of refugees and internally displaced persons from neighboring countries into Russia, the ongoing urbanization and growth of cities, etc.
According to the indicator “average living space per inhabitant”, a value is set in our country that plays the role of a hygienic standard. In 1919, the provisional rules of the Norkomzdrav for the first time established the norm of 8.25 square meters. m. In 1929, the norm was increased to 9 square meters. m. In accordance with the current Housing Code of the Russian Federation, the norm of living space is set at 12 sq.m per person.
At the same time, communal and small-sized apartments are a problem in cities, and in countryside- the quality of housing, its dilapidation and poor public utilities. The housing stock in rural areas is no better. The state policy aimed at the development of large urbanized industrial centers completely ignored the creation of engineering infrastructure not only in the countryside, but also in medium and small towns. As a result, one in five residential units in medium and small towns do not have running water, sewerage or central heating. Moreover, if the standard of living of Russians in comparison with the American or European is about six times lower, then in the field of housing, the lag among the components of the standard of living from other countries is 10-15 times, i.e. more than the average standard of living. In Russia,
Despite the constrained material conditions Russians have a growing interest in improving their housing situation. The main way is a mortgage. With an existing deficit Money The current scheme is non-bank lending for the construction and purchase of housing (sale of apartments in installments with simultaneous registration of ownership and collateral) and the use of an accumulative system. The best option is to issue housing bonds, which will give citizens the opportunity to gradually accumulate funds for an apartment (from 1 to 10 years), and will attract real funds to the construction of municipal housing (not external borrowings and not bank loans, but citizens' funds). Such a system will make it possible to sell housing built with these funds using the non-bank mortgage mechanism, i.e. a citizen can accumulate half of the cost of an apartment on bonds, register it as a property, and receive an installment plan for 5-10 years to pay the other half of the cost. Thus, best option- this is a combined financing of the construction of municipal housing from various sources, accumulated within the framework of a single target budget fund.
It would seem that the solution to the problem of providing military personnel, citizens dismissed from military service, housing lies on the surface: build more and populate. However, the realities of life are more complex and harsher. There are many problems, both organizational and legal. Let's start with the legal issues.
1. The first thing I would like to dwell on is the modern concept of the right to housing. The right to housing means the opportunity to have a home, use it on the conditions determined by law, and also dispose of it in cases and in the manner prescribed by law.
With the adoption of the Housing Code of the Russian Federation, the myths regarding the "charitable function" of the Russian state were finally dispelled. If, under the Constitution of the USSR of 1977, everyone was guaranteed the right to housing, which first of all implied the provision of free housing for Soviet citizens, and only then (as a non-main form) the possibility of self-provision of housing through participation in cooperative and individual housing construction. This approach gave rise to a parasitic mood among almost the entire Soviet population, since the idea of the state's obligation to provide them with housing has firmly entered into the minds of people, without any adequate return on their part. The result turned out to be well known - the housing problem has become one of the key problems of our state.
The Constitution of the Russian Federation (Article 40) also proclaimed the right to housing among the fundamental rights and freedoms of man and citizen. At the same time, attention should be paid to the shifted emphasis in its understanding compared to the previous Constitution of 1977.
The Constitution of the Russian Federation in Art. 40 provides that public authorities and local governments encourage housing construction, create conditions for the exercise of the right to housing. As for the provision of housing free of charge (or for an affordable fee), according to the Constitution of the Russian Federation, such housing is provided only to the poor and other citizens specified in the law who need housing. In order to activate the population, it was necessary to move away from dependency and tell everyone, and this is right, that only the poor will be provided with social housing by the state, for the rest it will create certain conditions so that they independently or in a share with the state solve individual housing problems.
And it was adequately perceived by everyone that military personnel belong to that category of other citizens (in the terminology of Article 40 of the Constitution of the Russian Federation), to whom the state guarantees free provision of living quarters due to their special functional purpose. Federal Law N 122-FZ finally dispelled any illusions among the entire population of our state (including in the housing sector), and above all among military personnel, since it was this category that, even before the adoption of the Housing Code of the Russian Federation, was deprived of the right to receive free housing under an agreement social recruitment.
Thus, today the right of military personnel to housing from its understanding as the right to receive permanent living space (living quarters), as mandatory condition ensuring their decent standard of living has been replaced in the legislation by the possibility of obtaining office (temporary) housing or housing purchased with the help of the state using the funds of military personnel, i.e. a soldier must earn his own apartment. However, the problem lies in the fact that the gradual transition from the provision of permanent housing for military personnel in kind (in the form of a socially hired apartment) to its monetary equivalent (issuance and redemption of state housing certificates, savings-mortgage system for providing housing for military personnel) is not associated with an increase in allowance military personnel - the only legal source of the formation of their own funds of military personnel, which can be used to purchase housing. Thus, the state, having unilaterally removed its obligation to provide housing for military personnel, is once again pushing military personnel to look for other sources of income in order to provide themselves with housing. Is this compatible with military service?
So, from January 1, 2005, the Federal Law of August 22, 2004 N 122-FZ came into force, which made significant changes to Art. 15 of the Federal Law "On the Status of Servicemen", which regulates the housing rights of servicemen, and from March 1, 2005, as already mentioned, the RF LC was put into effect. With the adoption and entry into force of these legislative acts, both individual institutions of housing law and legislation in general, and the system housing military personnel have undergone significant changes, which gave rise to a number of organizational and legal problems, the analysis of which will be discussed below.
2. From January 1, 2005, military personnel ceased to be classified as those categories of citizens who are guaranteed the provision of housing under a social contract of employment, with the exception of persons previously registered in need of improved housing conditions.
For military personnel who are registered in need of better housing conditions before the entry into force of the Housing Code of the Russian Federation, it remains possible to provide housing from social use funds under a social contract at the expense of the state housing stock assigned to the Ministry of Defense of the Russian Federation (other federal executive bodies, in which federal law military service).
In accordance with the Housing Code of the Russian Federation (Article 49), and earlier the Law of the Russian Federation "On the Fundamentals of the Federal Housing Policy" housing stock social use is allocated for socially vulnerable segments of the population (poor citizens, underage orphans, etc.), as well as for certain categories of citizens who have a special (“special”) status due to the specifics of their purpose, for example, civil servants and other persons indicated in law.
As a legal prerequisite for the realization of the right to receive housing, the Housing Code of the Russian Federation indicates the amount of income per person. This prerequisite, as a mandatory one, is not subject to application in relation to military personnel who have the right to provide housing under a social contract of employment, since, by virtue of Part 3 of Art. 40 of the Constitution of the Russian Federation, free housing is provided not only to the poor, but also to other citizens specified in the law. Such a law in relation to servicemen was the Federal Law "On the Status of Servicemen" (in the version that was in force before January 1, 2005).
What are the problems of changing the forms of housing provision for servicemen?
First, not all categories of servicemen were covered by one or another possible and affordable form of housing. Thus, servicemen who entered the register of those in need of better housing conditions before January 1, 2005, continue to remain such until they receive housing under a social contract of employment. Military personnel who graduated from military educational institutions after January 1, 2005 or entered military service under a contract after the specified date are provided with official living quarters for the entire period of military service and take part in the accumulative mortgage housing system, which implies, after the expiration of the established period acquisition of housing in the property. However, the current legislative acts do not establish a mechanism for providing housing for servicemen who do not belong to the specified categories, but in the process of service began to need housing due to certain life circumstances. For example, these are those who have housing, but gradually, due to the increase in the composition of the family, it becomes insufficient (the composition of the family was 3 people, and after a few years - 5 people). Previously, such a serviceman did not stand in line, as he was provided with housing, and then there was a need to improve housing conditions. Naturally, there is not enough money to buy new housing; this serviceman does not have the right to an official living space.
This gap in the legislation must be eliminated, since the level of income does not currently allow military personnel to solve their housing problems on their own, participating, for example, in cooperative or shared construction.
The inconsistency of individual institutions of military legislation with each other has already become "the talk of the town." Is no exception and Art. 15 of the Federal Law "On the Status of Servicemen", which does not say a word about such new form housing for military personnel, as a savings-mortgage system, i.e. does not even contain a blanket norm referring to the Federal Law "On the Savings and Mortgage System for Housing Provision for Servicemen."
Is it possible with the help of this form to solve the problem of housing for military personnel in the distant future? To date, the answer has been unambiguously negative. If the state's annual contribution, as follows from official sources, will be $1,000 a year (about $20,000 over 20 years), in which locality can you buy anything with this money? In towns far from industrial centers, which can only be reached by helicopter, for this money you can buy luxury apartments or build them.
The calculation of the amount of the annual contribution should include the criterion of the possibility of acquiring standard living space in industrialized settlements. And this is currently not the case. Today's cadets understand that they can only be provided with official living space in a remote settlement, and at the end of their service they will not have housing.
2. The Housing Code of the Russian Federation establishes two criteria for differentiating housing stock: by form of ownership and by purpose of use (Article 19).
Depending on the form of ownership, the housing stock is divided into:
1) for private housing stock - a set of residential premises owned by citizens and owned by legal entities;
2) for state housing stock - a set of residential premises owned by the right of ownership of the Russian Federation (housing fund of the Russian Federation) and residential premises owned by the right of ownership of the constituent entities of the Russian Federation (housing fund of the constituent entities of the Russian Federation);
3) for municipal housing stock - a set of residential premises owned by municipal formations.
Depending on the purpose of use, the housing stock is divided into:
1) for the housing fund of social use - the totality of state and municipal housing funds provided to citizens under social rental contracts;
2) for a specialized housing stock - a set of certain categories of citizens intended for residence and provided according to the rules of Sec. IV ZhK RF residential premises of state and municipal housing funds;
3) for individual housing stock - a set of residential premises of private housing stock, which are used by citizens - owners of such premises for their residence, residence of their family members and (or) residence of other citizens on the terms of gratuitous use, as well as legal entities- the owners of such premises for the residence of citizens on the specified conditions of use;
4) for housing stock for commercial use - a set of residential premises that are used by the owners of such premises for the residence of citizens on the terms of paid use, provided to citizens under other agreements, provided by the owners of such premises to persons for possession and (or) use.
What housing stocks meet the housing needs of servicemen and members of their families? In accordance with the previous version of the Federal Law "On the Status of Military Personnel", military personnel serving under a contract and members of their families living together with them were provided with living quarters at the expense of the state or municipal housing stock assigned to the Ministry of Defense of the Russian Federation or another federal body. executive power, in which the federal law provides for military service (clause 1, article 15). As of January 1, 2005, there is no indication of the types of housing stock in the wording of the said Law, while at the same time, according to the meaning of the Law and the Housing Code of the Russian Federation, housing will be provided only at the expense of the housing stock of the Russian Federation.
It should be noted that the Federal Law "On Enactment Housing Code of the Russian Federation" from March 1, the Law of the Russian Federation "On the Fundamentals of the Federal Housing Policy" was declared invalid, according to Article 7 of which the state housing stock was divided into two parts:
1) departmental housing stock, consisting of state property of the Russian Federation and being in full economic jurisdiction of state enterprises or operational management public institutions belonging to federal property;
2) a fund owned by the republics within the Russian Federation, territories, regions, autonomous region, the cities of Moscow and St. Petersburg, as well as a departmental fund that is under the full economic jurisdiction of state enterprises or the operational management of state institutions belonging to the corresponding type of property.
The departmental housing stock of the Ministry of Defense of the Russian Federation and other federal executive bodies in which citizens do military service is formed from residential premises coming from housing construction, refurbishment non-residential premises in residential and acquired by the relevant federal executive authorities. Basically, it includes the housing stock in military camps. According to Art. 15 of the Federal Law "On the Status of Military Personnel", official living quarters are provided for the entire period of military service in closed military camps to military personnel - citizens of the Russian Federation who are doing military service under a contract, and members of their families living together with them. According to the Housing Code of the Russian Federation, these residential premises belong to the housing stock of the Russian Federation. Therefore, it is possible to speak about the presence of departmental housing stock conditionally, understanding, first of all, the totality of service residential premises under the jurisdiction of a particular department (Ministry of Defense of the Russian Federation, Federal Security Service of Russia, Ministry of Internal Affairs of Russia, etc.) intended for housing servicemen of this department and members of their families.
Having removed the obligation to participate in the housing provision of military personnel, as well as other federal public servants, from state authorities and local self-government bodies, the legislator did not provide for a mechanism for imposing the obligation on these bodies to provide land plots for housing construction for military personnel, which once again gave rise to "pseudo-legal" actions of local authorities aimed at refusing to provide them. The question arises: on what actually to build housing for military personnel, including service? Required in as soon as possible to legislate the mechanism for providing land plots for these purposes, since they are derived from national tasks in the field of defense and security.
What should happen to office accommodation when a serviceman is transferred from one federal agency (in which it was provided to him) to another (in which he also has the right to be provided with office accommodation)? Since the provision of official residential premises should be carried out at the expense of the housing stock of the Russian Federation, the legislation may provide for a two-fold mechanism: 1) the serviceman will continue to occupy the previously provided residential premises with its transfer to the jurisdiction of another federal executive body; 2) the serviceman will continue to occupy the previously provided living quarters until another is provided by the federal executive body in which he will continue to serve. In any case, he is not subject to eviction without the provision of other accommodation.
At the same time, upon dismissal of a serviceman from military service and his loss of the right to be provided with official living quarters at the expense of the housing stock of the Russian Federation, the contract for hiring official living quarters with him is terminated, which is the basis for his eviction without providing another living quarters, except for cases provided for in Art. 103 ZhK RF.
3. According to the Federal Law "On the Enactment of the Housing Code of the Russian Federation" (hereinafter referred to as the Introductory Law), all citizens registered before January 1, 2005 for the purpose of subsequently providing them with residential premises under social rental agreements retain the right to be on this accounting until they receive residential premises under social tenancy agreements. However, the provision of residential premises will be carried out in the manner established by the RF LC, and not by the RSFSR LC, i.e., the previous procedure for providing these citizens with residential premises under social tenancy agreements (Article 6 of the Introductory Law) is not preserved.
Attention should be paid to the fact that, in contrast to the previous procedure, the provision on the mandatory provision of comfortable living quarters in relation to the conditions of this settlement and its compliance with the established sanitary and technical requirements. At the same time, after the entry into force of the Housing Code of the Russian Federation, the Rules for registering citizens in need of better housing conditions and for providing living quarters, approved by Resolution of the Council of Ministers of the RSFSR of July 31, 1984 N 335, will continue to operate. According to clause 42 of the Rules, provided to citizens for living quarters must be comfortable in relation to the conditions of the given settlement, meet the established sanitary and technical requirements. This "forgetfulness" of the legislator is hardly justified if we recall the nature of our state, according to the Constitution of the Russian Federation, as a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person (Article 7).
4. According to the Housing Code of the Russian Federation, a contract of employment is concluded with persons who are provided with official housing.
In our opinion, both the contract for the rental of official housing (Article 94 of the Housing Code of the Russian Federation) and the housing contract concluded with a serviceman are varieties of a social contract of employment, which leads to the application of certain norms of the Housing Code of the Russian Federation that regulate the procedure for providing residential premises under a social contract of employment . In particular, we are talking about providing them in the order of priority (part 1 of article 57 of the LC RF).
Since for servicemen undergoing military service under a contract, the provision of official living quarters is a form of their housing for the duration of military service (i.e., for a long period of time), insofar as they must be provided on a first-come, first-served basis. In addition, it is advisable to consider the possibility of providing office accommodation to persons whose need for residential premises arose after January 1, 2005 and who meet the criteria for providing residential premises under a social tenancy agreement (including the level of income).
5. The introductory law provides for the preservation of the validity of the articles of the RSFSR LC concerning the grounds for registering citizens in need of improved housing conditions. This conclusion follows from the analysis of Art. 5 of the said Law, in accordance with which this Code is applied to housing relations that arose before the entry into force of the Housing Code of the Russian Federation in terms of those rights and obligations that arise after its entry into force, with the exception of cases provided for by the Introductory Law (such a case concerns the procedure provision of housing). Consequently, the norms of the Housing Code of the RSFSR will be applied to a limited extent to housing relations that arose before March 1, 2005, despite the fact that it is recognized as invalid by the Introductory Law.
Residential premises are provided to citizens who previously belonged to the category of persons "in need of better living conditions." These include two categories of citizens: 1) those who do not have housing at all, for example, most often they are military personnel, newlyweds who previously lived in the living space of their parents or from private individuals on a sub-lease basis; 2) persons who improve living conditions(most often those who move from one dwelling to another, larger, etc.). Under the new housing legislation, they are referred to as "persons in need of housing".
As follows from paragraph 1 of Art. 15 of the Federal Law "On the status of military personnel", military personnel are not guaranteed, as before, the provision of residential premises on a preferential basis, i.e. within three months at the expense of the state and municipal housing stock assigned to the Ministry of Defense of the Russian Federation (another federal executive body in which military service is provided for by federal law). At present, the provision of residential premises to civilian military personnel and members of their families will be carried out in the order of general priority.
6. Servicemen who are provided with official living quarters for the entire period of military service are deregistered upon receipt of premises in accordance with established standards.
Residential premises are provided only to persons who are registered as needing residential premises, and only in order of priority. The only criterion in determining the priority is the time of registration (by the date of the decision on registration).
At the same time, it should be taken into account that with the entry into force of the Housing Code of the Russian Federation, the preferential procedure for providing residential premises under a social tenancy agreement is canceled, with the exception of cases provided for by Part 1 of Art. 57 LCD RF.
Out of turn, residential premises under social tenancy agreements are provided:
1) citizens whose living quarters are recognized in accordance with the established procedure as unfit for habitation and are not subject to repair or reconstruction;
2) orphans and children left without parental care, persons from among orphans and children left without parental care, after their stay in educational and other institutions, including social service institutions, in foster families, family-type orphanages, upon termination of guardianship (guardianship), as well as upon termination of service in the Armed Forces of the Russian Federation or upon return from institutions executing a sentence of imprisonment. By the way, this edition of the Housing Code of the Russian Federation says that if a citizen before entering the military service belonged to the listed categories of citizens, then after dismissal from military service he acquires the right to extraordinary provision of residential premises if he meets the other criteria (in terms of income);
3) citizens suffering from severe forms of chronic diseases.
The specified procedure applies to relations that arose both before and after the entry into force of the Housing Code of the Russian Federation (part 2 of article 6 of the Introductory Law). For persons who, prior to the introduction of the Housing Code of the Russian Federation, were included in preferential queues (for priority and extraordinary provision of residential premises), the previous procedure is not preserved, since Art. 36 ("Priority provision of residential premises") and art. 37 ("Extraordinary provision of residential premises") ZhK RSFSR. Residential premises are provided to citizens who are registered as needing residential premises in order of priority based on the time such citizens were registered, with the exception of cases of extraordinary provision established by the Housing Code of the Russian Federation. This rule applies if a different procedure for persons who are provided with housing under a social tenancy agreement is not specified in any law, as provided for by Part 3 of Art. 49 of the RF LC (for example, clause 3, article 19 of the Federal Law "On the Status of Judges in the Russian Federation" provides for an extraordinary procedure for providing housing for a judge; a similar provision, clause 4, article 44 of the Federal Law "On the Prosecutor's Office of the Russian Federation" is provided for prosecutors) .
The question remains whether the previously established procedure, according to which citizens entitled to priority provision of residential premises, were included in separate lists is subject to or not subject to application (Article 33 of the RSFSR LC). I express my subjective point of view: the previous procedure can be preserved in certain cases for persons registered in need of better housing conditions before March 1, 2005, because:
Citizens who were registered before March 1, 2005 for the purpose of subsequently providing them with residential premises under social tenancy agreements retain the right to be on this account until they receive residential premises under social tenancy agreements. These citizens are provided with residential premises under social tenancy agreements in the manner prescribed by the RF LC (Article 6 of the Introductory Law);
Residential premises of the housing stock of the Russian Federation or the housing stock of a constituent entity of the Russian Federation under social tenancy agreements are provided to other categories of citizens defined by the federal law or the law of the constituent entity of the Russian Federation, recognized on the grounds established by the Housing Code of the Russian Federation and (or) federal law or the law of the constituent entity of the Russian Federation, in need of residential premises . These residential premises are provided in accordance with the procedure established by the LC RF, unless otherwise provided by federal law or the law of a constituent entity of the Russian Federation (Part 3, Article 49 of the LC RF).
Therefore, to preserve the out-of-order order, two conditions must be met:
1) such a procedure must be provided for by a federal law or a law of a constituent entity of the Russian Federation;
2) the provision of residential premises should be carried out from the housing stock of the Russian Federation or a constituent entity of the Russian Federation.
A similar conclusion can be drawn regarding the priority procedure for the provision of residential premises.
8. In connection with the loss of the value of the warrant as the basis for moving into a dwelling provided in the housing fund for social use, according to the Housing Code of the Russian Federation, the established judicial practice on recognizing the warrant as invalid and evicting persons who moved into a specific dwelling under it is not subject to application. Previously, a violation of the order in which citizens were provided with residential premises could serve as a basis for invalidating the warrant.
The Housing Code of the Russian Federation does not provide grounds for terminating a social tenancy agreement in the event of a violation of the order in which residential premises are provided from the social use fund.
Consequently, citizens who are registered as in need of better housing conditions and who believe that housing should be provided to them cannot apply to the court with such claims, since they do not have a subjective civil right to the housing specified in the rental agreement. The LC RF does not establish the circle of persons who may file a claim in such cases.
At the same time, attention should be paid to Art. 11 of the Housing Code of the Russian Federation, which regulates the protection of housing rights. According to this article, the protection of housing rights is carried out different ways, including non-normative act government agency or local government, and housing commission military unit (for example, a decision to provide a specific living quarters to a person in violation of the order of priority), which violates the housing rights of participants in housing relations, may be declared invalid by the court. In this case, it is necessary to apply to the court for unlawful decision which violated the order of provision of residential premises.
If the court recognizes the act as invalid, the violated right is subject to restoration or protection by other means provided for by the Housing Code of the Russian Federation or other federal law, for example, by changing the housing relationship, etc.
One of the acute problems in the practice of providing premises to needy citizens is the provision of housing for orphans.
Orphans and children left without parental care, persons from among orphans and children left without parental care who are not tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement, or owners of residential premises , as well as orphans and children left without parental care, persons from among orphans and children left without parental care who are tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement or owners of residential premises, in the event that their residence in previously occupied residential premises is recognized as impossible, the executive authority of the constituent entity of the Russian Federation on whose territory the place of residence of these persons is located, in the manner established by the legislation of this constituent entity of the Russian Federation, provides one-time comfortable residential premises of a specialized housing stock under contracts for the rental of specialized residential premises Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (ed. from 08.03.2015). - Access mode: http://base.consultant.ru/. - Zagl. from the screen..
Residential premises are provided to the persons indicated above upon reaching the age of 18, as well as in the event that they acquire full legal capacity before reaching the age of majority. In cases stipulated by the legislation of the constituent entities of the Russian Federation, residential premises may be provided earlier than when they reach the age of 18 years.
According to a statement in writing, living quarters are provided to them at the end of their stay in educational institutions, institutions of social services for the population, institutions of the healthcare system and other institutions created in the manner prescribed by law for orphans and children left without parental care, as well as upon completion of education in educational organizations vocational education, or the end of military service on conscription, or the end of serving a sentence in correctional institutions Federal Law of the Russian Federation of December 21, 1996 No. 159 “On Additional Guarantees for social protection orphans and children left without parental care” (as amended on November 25, 2014). - Access mode: http://base.consultant.ru/. - Zagl. from the screen.
In the event that certain circumstances of assistance in overcoming a difficult life situation are identified, a lease agreement for specialized residential premises may be concluded for a new five-year period by decision of the executive authority of a constituent entity of the Russian Federation. The procedure for revealing these circumstances is established by the legislation of the subject of the Russian Federation. The lease agreement for specialized residential premises can be concluded for a new five-year period no more than once Popov S.N., Mishunina A.A. On the features of the implementation of the state housing policy in Russia on present stage// Power. - 2009. - No. 11. - S. 112-114 ..
At the end of the term of the contract for the rental of specialized housing, the executive authority of the constituent entity of the Russian Federation that manages the state housing stock is obliged to decide on the exclusion of the housing from the specialized housing stock and conclude with persons left without parental care, a social housing contract in relation to this residential premises in the manner prescribed by the legislation of the subject of the Russian Federation.
The right to provide housing is reserved for persons who belonged to the category of orphans and children left without parental care, persons from among orphans and children left without parental care, and who have reached the age of 23 years, until they are actually provided with living quarters.
Let us give an example of judicial practice.
Semenov R.G. appealed to the Balezinsky District Court with a claim against the Department for Family Affairs and Protection of Childhood Rights of the Municipal Formation "Balezinsky District" to restore the missed deadline for filing an application for the provision of housing. The statement of claim is substantiated by the fact that at the beginning of DD.MM.YYYY from the funds mass media found out that the guardianship and guardianship authorities are obliged to the plaintiff, as an orphan, to provide housing or monetary compensation for the purchase or construction of housing on their own. Having learned this information, appealed to the guardianship and guardianship of the city of Glazov. On DD.MM.YYYY, a letter was received from the Ministry of Education of the UR from DD.MM.YYYY No. stating that in the accounting file of the plaintiff, as an orphan, an application for the provision of housing, as well as information about the need for housing, is missing. The plaintiff does not have special legal knowledge, and the guardianship and guardianship authorities of the Balezinsky District did not explain that the plaintiff has the above right, the guardians also did not know this information. Currently, the plaintiff is in dire need of housing, he has a growing minor child. He asks to restore the deadline for filing an application for the provision of housing for orphans on the basis of Federal Law No. 159-FZ of 12/21/1996. The court satisfied the claim Decision of the Glazovsky District Court (Udmurt Republic) No. 2-297 / 2015 dated January 28, 2015 - Access mode: http://sudact.ru/. - Zagl. from the screen..
The most actual problem- this is the provision of housing for orphans who left orphanages and themselves became parents in some cases. Thanks to regional budget allocates a large amount of funds, housing is purchased and, naturally, this topic is discussed, new people appear who were infringed on their rights - at one time they were not registered or on the waiting list, or they did not know that they had to get on the waiting list Kundalev-Lychkovsky E. IN. Supervision over the implementation of legislation in the field of implementation of the priority national project "Affordable and comfortable housing for the citizens of Russia" // Legitimacy. - 2013. - N 7. - S. 22 - 24 ..
Applicants are orphans and children left without parental care who have reached the age of 16, legal representatives, their legal representatives, orphans and children left without parental care.
To receive the service, you must submit an application with an application required documents to the Department of Municipal Housing of the Administration of Izhevsk directly by the applicant (when he reaches 16 years of age) or by the legal representative of the applicant. As a result of the provision of municipal services, the applicant is issued a decision on registration for obtaining housing (or on refusal to register) Resolution of the Administration of Izhevsk UR dated 27.01. 2012 No. 74 “On approval of the Administrative Regulations of the municipal service “Registration of orphans and children left without parental care, as well as persons from among orphans and children left without parental care”. - Access mode: http://base.consultant.ru/. - Zagl. from the screen..
To date, there are 6773 orphans and children left without parental care in Udmurtia. Of these, 1282 are in institutions for orphans. In 946, the right to receive housing has come. In 2014, the budget provided for housing almost 192 million rubles. More than 88 million rubles were allocated from federal budget. As of January 1 this year, 205 residential premises were purchased for 218 orphans. Report on activities for 2014 // Official website of the Ministry of Education and Science of the Udmurt Republic and the Committee for Family and population policy under the Government of the UR. - Access mode: http://semya.udmurt.ru/. - Zagl. from the screen..
According to the new system of providing housing, an orphan is provided with an apartment for 5 years on a social rental basis. If during this time he did not have time to socialize (he was sick, did not find a job), the period is extended for another five years. All this time, a graduate of the orphanage pays only for utilities. Further, the housing is transferred to use. After 5 years, when the child gets an education, possibly marries, he can sell the house and dispose of it further as he wants. If a graduate of an orphanage has problems with employment, social rehabilitation or law and order, the employment contract can be extended for another five years Tarusina N.N. Family legislation of Russia and neighboring countries on guardianship and guardianship: a comparative description of approaches // Laws of Russia: experience, analysis, practice. - 2013. - No. 4. - S. 50 - 53.
We believe that the amendment to the law was made correctly. It is quite rightly stated that children leave the orphanage completely unadapted to adult life, do not understand the value of this housing, and become victims of fraud when an apartment or house was bought from them, providing either a small amount money, or housing, which is incomparable with the one he was given. Therefore, this period of five years is needed so that he understands that in the future there will be his property, so that he feels like a master in it. And again, protect his rights and interests so that the orphan does not remain homeless. In addition, now children over 23 years old who have not yet been able to exercise their right to housing can stand in line for the acquisition until they receive it.
Despite the ongoing work, problems with providing housing for orphans and children left without parental care remain. Immediately, five adult children with the status of an orphan or a child left without parental care turned to the human rights center for help. All of them at different times submitted applications to the Administrations of the cities and districts in which they live, with a request to provide them with housing on an extraordinary basis. The press service of the human rights center said that the representatives of the Administrations acted like a blueprint, handing everyone a decision to put them on the waiting list for housing, motivating this by the fact that in this moment they do not have the opportunity to provide it, and also that the issue will be resolved as funds become available for these purposes. Meanwhile, according to the current legislation, orphans and children left without parental care have the right to extraordinary receipt housing, respectively, there can be no question of any registration. Human rights activists will appeal to the republican prosecutor's office with a request to protect the rights of orphans Voronovich S.O. Socio-economic features of the development of the residential real estate market in Russia // Bulletin of KSU im. ON THE. Nekrasov. - 2011. - No. 4. - S. 76-78 ..
In addition, as noted in the ministry, orphans have recently begun to actively apply to the courts on housing issues. Only last year in Udmurtia there were 162 such judgments. Currently, 483 more similar cases are being considered in courtsNews of Udmurtia. - Access mode: http://udmurtia.tv/taxonomy/term/539/0. - Zagl. from the screen..
To allocate housing to orphans, it is planned to create a specialized housing stock. Udmurtia puts great emphasis on housing construction in this matter, since the previous practice, which involved the allocation of money to municipalities for the purchase of housing, gave rise to a large number of abuses. Experience in building housing for orphans is already being implemented in Izhevsk in the Leninsky district - this is the construction of separate apartment buildings. The minimum living area that a needy orphan can apply for is 18 sq. meters, maximum - 36 meters. The Ministry of Construction of Udmurtia is currently developing a project for a separate apartment for a specialized housing stock(its area, approximately, will be 24 sq. m.), as well as the project of a separate rural house.
In Udmurtia, work on the construction of its own housing stock began last year. Houses are being built in Izhevsk, Mozhga, Vavozhsky, Votkinsky, Seltinsky, Yukamensky and Igrinsky districts. Currently, 51 residential premises have been commissioned Gorodilova E. Newspaper heading: Udmurt Republic. - Access mode: http://izhevsk.mk.ru/article/2013/02/27/818791-pravo-na-zhile.html. - Zagl. from the screen. .
However, this number is not enough, and for the purchase of housing in the secondary market municipalities certain problems arise. To solve them, possible solutions are possible, namely: it is necessary to develop optimal projects for the construction of new houses for orphans, and also consider the possibility of reconstructing existing buildings (abandoned, unfinished buildings, vacant living quarters) into houses for orphans Z.L. The role of the state in improving the housing standards of the population through ensuring the availability of housing // SISP. - 2012. - No. 1. - S. 82-84 ..
The President of Udmurtia noted that there are quite a lot of houses in the region suitable for living, provided that they are overhauled. As an example, he cited a two-story, three-entrance building with 24 apartments in the Mozhginsky district. Currently, it stands without windows, but it will be much cheaper to repair than to build. new house. And there are such buildings in almost every area.
We believe that in order to solve this problem, it is necessary to develop and adopt the Republican target program for the repair and transfer of dilapidated housing to a fund to support orphans and children left without parental care. Implementation the specified program will provide housing for more orphans and children left without parental careAimaletdinov T.A. Russians' perceptions of mortgage as a way to improve housing conditions // Monitoring. - 2013. - No. 3. - S. 115 ..
Within the framework of the program, the Administrations of municipal districts will provide information on habitable housing, what kind of repairs the housing requires, and the number of proposed places.
In accordance with the Law on Education, it is clearly defined that orphans and children left without parental care, as well as persons under the age of 23 from among children - orphans and children left without parental care, are admitted to institutions out of competition 03/06/2007 No. 2 - RZ (as amended on 02/04/2015) "On measures of social support for orphans and children left without parental care." - Access mode: http://base.consultant.ru/. - Zagl. from the screen..
Despite General requirements to the admission of citizens to educational institutions, orphans who do not have fixed housing are forced to choose only those vocational schools that have hostels. Therefore, if a vocational school does not have a hostel, then it must provide living space to the applicant.
IN last years Increasingly, situations arise when vocational education institutions deny the right to education to orphans due to the fact that this category of children is difficult, not law-abiding, prone to antisocial actions, and poorly motivated to study.
Upon admission to a vocational school, the personal file of an orphan child, upon completion of his stay in an organization for orphans, is sent to the guardianship and guardianship authority at the place of residence (study).
The body of guardianship and guardianship at the new place of residence, no later than the day following the day of receipt of the personal file, is obliged to register the ward in the prescribed manner. In educational institutions of primary and secondary vocational education, nonresident applicants from among orphans and children left without parental care are provided with free meals from the moment they arrive at the educational institution and until they are enrolled. 2009 No. 423 (as amended on February 14, 2013) “On Certain Issues of Guardianship and Trusteeship in Respect of Underage Citizens”. - Access mode: http://base.consultant.ru/. - Zagl. from the screen..
IN real life directors of orphanages bring children to professional institutions on August 30-31, however, by September 15, children, not being enrolled - (there is no order for the institution) experiencing a negative, sometimes incorrect attitude of the teaching staff or under the influence of psychological pressure, leave the institution without permission, and social pedagogues professional institutions, do not know where the children are and untimely inform the guardianship authorities about this, do not put on the wanted list, but confront the director of the orphanage about the absence of the child in the professional institution Nikitenko E.V. Analysis of the level of housing affordability // IVD. - 2012. - No. 41. - S. 42-45 ..
Every year, a fairly large number of orphans are released from the walls of orphanages. The analysis shows that almost all graduates of orphanages enter vocational education institutions. In 2012, the proportion of graduates enrolled in vocational education institutions was 98.0% of the total number of graduates.
IN judicial practice There are examples of orphans going to court to protect their right to housing.
For example, Norseev P.M. went to court with statement of claim to the Ministry of Education and Science of the UR on the provision of housing within the settlement<адрес>that meets the specified requirements. The claims are motivated by the fact that the plaintiff is<данные изъяты>. The plaintiff was found to be in need of housing, registered for housing on 13.10.2010. For Norseev P.M. housing has been saved at:<адрес>, which by the decision of the administration of the Moscow Region "<адрес>» from 12.10.2010<номер>declared uninhabitable. He does not own any property, is not an employer or a member of the employer's family under a social contract of employment. The obligation to provide housing is assigned to the defendant, however, housing has not been provided to date.
At the hearing the plaintiff Norseev P.M. claims supported, asked to satisfy.
In written objections, the representative of the defendant did not recognize the claim, indicated that the Law of the Republic of Uzbekistan No. provided new order providing housing for this category. In accordance with this procedure, persons of this category are required to submit applications to the guardianship and guardianship body, which checks the information submitted by the applicant and draws up a conclusion. On the basis of a positive conclusion of the guardianship and guardianship body, the defendant includes the person in the republican list of persons of this category to be provided with living quarters in the Udmurt Republic. The plaintiff was included in the republican list of orphans and children left without parental care to be provided with living quarters in the Udmurt Republic. Further, the authorized body will make a decision to provide the plaintiff with housing, the deadline for making a decision on the provision of housing is not established by law, the indicated housing stock in the Udmurt Republic is currently in the process of formationUskova T.V., Gordina O.N. Ways to solve the housing problem in the region // Problems of territory development. - 2010. - No. 4. - S. 75-78 ..
Having examined the case materials, the court found the claims subject to satisfaction Decision of the Oktyabrsky District Court of Izhevsk (Udmurt Republic) No. 2-1619/2015 dated February 19, 2015 - Access mode: http://sudact.ru/. - Zagl. from the screen..
In the Udmurt Republic, the following activities were carried out to organize post-boarding support. Created:
electronic database of graduates educational institutions for orphans;
social hotel;
social adaptation programs in educational institutions for orphans.
It is planned to create a Center for post-boarding support.
In 2011, the Ministry of Education and Science of the Udmurt Republic created a regional electronic database on graduates of educational institutions for orphans and children left without parental care, which contains: personal information of the orphan child, information about the primary place of identification of the child, his stay in the institution for orphans, information about parents, the presence of a disability, information about housing, placement for further study, employment, data on offenses.
In 2011, as part of the implementation of the Demographic Development Program of the Udmurt Republic for 2011-2015 (subprogram "Comprehensive measures to prevent social orphanhood of children in the Udmurt Republic"), the Municipal Formation "City of Izhevsk" was sent financial resources to create and open a social hotel for graduates of educational institutions for orphans and children left without parental care, under the age of 23, who do not have fixed housing, on the basis of the NGO Center for Support of Women's Initiatives "Teply Dom", before they enter professional institutions education or excretion own housing Erypalova E.S. Prospects for use in Russian conditions foreign experience organization of land use and implementation housing programs// Izvestiya IGEA. - 2009. - No. 6. - S. 41-43 ..
Thus, it can be concluded that there is not enough housing for orphans and children left without parental care, and municipalities have certain problems in purchasing it on the secondary market. To solve them, possible solutions are possible, namely: it is necessary to develop optimal projects for the construction of new houses for orphans, and also consider the possibility of reconstructing existing buildings (abandoned, unfinished buildings, vacant residential premises) into houses for orphans.
Let us point out several examples of such relationships: direct application of the general rules of the Civil Code of the Russian Federation on transactions and contracts to the division of inheritance (clause 2, clause 1, article 1165 of the Civil Code of the Russian Federation). Subsidiary application of the general norms of the Civil Code of the Russian Federation
One is the biggest housing problem for young families this is a discrepancy in our country between wages and housing costs. With the average wage in the country, this money is hardly enough to pay off mortgage loan. In addition, young families find it difficult to bear in mind. wages, often lower than the average, and if a child is born in the family, then life turns into survival.
Assistance from the state to solve the issue of providing housing for young families
For 10 years, the state has been trying to take some steps to make life easier and buy real estate for young families. Social programs are usually designed for several years and affect the most needy groups of the population. The latest such programs are programs to provide and help young families, orphans, the disabled and other vulnerable groups of citizens to purchase real estate. The programs provide financial assistance in the purchase of affordable housing in the form of certificates that can be used when paying mortgage banks when applying for a loan to buy real estate. After submitting applications and approving participation in the program, state authorities issue a certificate in the amount of 600,000 to 800,000 rubles, after which the citizen who submitted the application gets in line to buy an apartment on a subsidy. The downside of the program is, of course, that it takes a long time to wait in line, since today more than 1 million families across the country are participating in the program, moreover, developers often do not meet the deadlines for the delivery of housing, and therefore the terms for acquiring housing and settling families are shifting.Problems that the state cannot solve in terms of acquiring affordable housing for a young family
Of course, developers can not reduce the cost square meter housing to a minimum, since the construction of residential real estate requires enormous costs, however, what the local Administration of each region is trying to work with is cost reduction through the use of more economical materials that comply with GOSTs and construction specifications. For this reason, in many regions of the country, the Administration has committed itself to the construction and organization of communication networks in new homes, and developers are reducing material costs, so under new programs that have been developed over several years, the cost of one square meter of housing costs young people. families within 30,000 - 35,000 rubles. The state is also unable to force banks to issue mortgages at low interest rates, since the Central Bank of the Russian Federation is dealing with this issue. However, at the end of 2014, the Prime Minister of the Russian Federation D. A. Medvedev issued a decree that the interest rate for the population would not exceed 14%.
The Young Family Housing Program is a unique Russian program that helps young families purchase housing at a reduced cost with the help of the state government.
HOUSING AS A SOCIAL PROBLEM
Tretyakova Ludmila Pavlovna
2nd year student, department economic theory Alt GU, International Institute economics, management and information systems, G. Barnaul
E- mail: r 2208@ bk . en
Currently in Russian society the issue of ways to solve socio-economic problems and the need for reform of housing and communal services is being actively discussed. Moreover, scientific and public discussions are taking place against the backdrop of actions taken by authorities at various levels. However, the logic of modern Russian politicians“Something must be done, otherwise it will be even worse” does not stand up to criticism. It seems that in solving such large-scale issues as housing, it is preferable to be guided by the old Russian proverb that it is necessary to measure seven times, and cut only once. It is especially true for the housing issue due to its particular importance, on the one hand, and its complexity and complexity, on the other. The list of negative consequences of homelessness for a person is quite large. Having a roof over your head is a basic human need. However, it is quite difficult to measure it, since it raises the problem of size, cost, location of housing, availability of amenities, etc. The demand for housing is also quite difficult to determine, since it grows not only as the population increases, but also as new households appear. , increasing life expectancy, developing the desire to live independently.
Housing policy is most directly related to social policy, as it serves to solve social goals and increase the welfare of the population. It is closely interconnected and interacts with other branches of the social sphere. Housing policy affects all aspects of the housing issue. This is determined by the fact that for its solution in modern conditions consolidation of both personal, commercial and government efforts is needed. State intervention in solving the housing problem is connected with its three aspects, namely the construction, distribution and maintenance of the housing stock.
The specificity of housing is that, on the one hand, it is a market product, and on the other, it is a social service. Practice shows that the economic and political factors that determine the direct intervention of the state in housing system often outweigh the social ones. Housing is now at the center of a trend away from the government intervention model for securing the right to housing towards market model, where economic prosperity becomes the main guarantor of meeting the need for housing. Housing policy is an important means of state participation in solving the housing problem. At the same time, to ensure socially acceptable forms of housing distribution, considerations are needed not only economic efficiency but also social justice.
The classical definition of social policy includes, along with education, health care, social security and personal social services, which are traditionally within the scope of its competence, and the solution of the housing problem. This is due to the importance for a person of the opportunity to provide himself and his family with a roof over his head. Meanwhile, at present, we are talking practically only about the reform of housing and communal services, as a result of which the implementation and formation of housing policy, in essence, are identified with the reform of housing and communal services and are considered primarily in technical and economic terms. At the same time, consciously or unconsciously, the deeper social consequences of actions taken in this area are ignored or hushed up. In this regard, consideration of housing policy as part of social policy requires a number of clarifications.
So politics is inextricably linked with the state, which plays an important role in deciding social problems, using various methods for this: indirectly regulates social processes; directly involved in the provision of social services to the population.
Generalization of Social Policy Models various countries shows that, on the one hand, the implementation of the same goals is possible in different ways, on the other hand, countries pursue different goals in their social policy.
Models of social policy are easily grouped depending on the degree of state participation in solving social problems. At the same time, two poles are traditionally distinguished: the liberal market and the social democratic models. The first proceeds from the fact that social problems are solved more effectively with minimal state involvement. This implies that the state comes to the aid of a person only when there is no other alternative in the face of the market, various institutions of mutual assistance and charity, family and loved ones. That is, the state, in essence, becomes the last instance of providing support to those in need. At the same time, the fact that the person was in difficult situation, is seen primarily as his personal failure.
The social democratic model recognizes the need for the participation of the state to ensure a fair distribution of social benefits. The state undertakes to provide a certain minimum standard of well-being as a citizen's right. Therefore, social programs are considered as an integral part of the life of modern society.
In addition, one more model can be mentioned - structural - when the state takes full responsibility for the well-being of the population, correlating the provision of social services with the needs of people. This model is based on the experience of the theory and practice of social policy in the USSR and other socialist countries.
It should be noted that these models are not a description of the experience of specific countries, but allow us to highlight the general and the special among the whole variety. social programs. Therefore, in practice, these models can somehow intersect.
Housing should be seen as a meritorious commodity. It can in principle be produced on the market, but its individual consumption has not only personal but wider social consequences. Without government intervention, there may be a tendency towards underconsumption, either because people do not understand the importance of meeting the need for housing, or because of a lack of funds.
The housing problem particularly clearly exposes the connection between the economy and the social sphere. On the one hand, having a “roof over your head” is a basic human need. On the other hand, the construction, maintenance and sale-letting of housing have become important manifestations of economic activity. More than half of all investment in construction is in housing construction, which acts as a source of employment.
At the present stage, the problems in the housing policy of Russia are connected with the fact that in the foreground today in Russia is the promotion of a market model of housing policy, as a result, there is a change in the relationship between its economic and social components. Moreover, economic and political considerations prevail over social arguments in favor of direct state intervention in the housing sector.
Housing as a social problem: the role of the state
In order to define the housing issue as a social problem, it must be borne in mind that the social in this context has two aspects. First, a person experiences difficulties that in modern society are recognized as unacceptable and therefore require a solution. Secondly, in order to overcome them, he needs help from society. At the same time, it should be remembered that the emergence of many social problems does not depend on the will of the person himself, but is caused by the socio-economic processes taking place in modern society.
In the broadest sense, housing in today's developed society is about securing the right to housing, or more specifically, the right to decent housing. It should be noted that under socialism the housing problem had a slightly different meaning. The task was to completely solve the housing problem, which meant providing the population with housing in accordance with rational norms of its consumption. Although these norms were also not static and changed over time.
Thus, the solution of the housing problem in one form or another is associated with the state. It is assumed that the state should make certain efforts for this. In this context, housing policy is a form of state intervention in the construction, distribution and use of housing stock, regulation of housing (houses) that affect its location, nature and availability, and rights associated with housing, without regard to the form of ownership of real estate, land or building materials. At the same time, the goals and objectives of housing policy should be formed taking into account the general goals and objectives of social policy.
The inclusion of the housing problem in the sphere of social policy in developed countries has always been quite controversial, in particular because the state has usually played a smaller role in this sector, especially in the area of housing supply. Most of the housing stock was concentrated in the private sector, and although the state regulated (and stimulated) it, there is no unequivocal opinion on how much state intervention is desirable and to what extent. In housing policy, economic and financial aspects that most often dominate open discussions.
The scale of state intervention is determined in accordance with the chosen model of social development. In Soviet times, most of the housing stock belonged to the state and was rented out to citizens. However, there has always been a private sector, including private houses in rural areas and housing cooperatives in cities. At the same time, the need to attract funds from the population for the construction and operation of housing was recognized. First, the lack of housing and the rigid regulation of its distribution were seen as a deterrent to meeting people's housing needs. Secondly, since there has been an increase in incomes and the level of well-being of the population, it is assumed that it is already able to allocate funds for housing.
The popularity of own housing and the support of this idea by the state is a characteristic feature of the development of the housing issue in the 20th century. For those who have the means, it is also a good investment in real estate. Opportunity to receive funds to buy a home through long-term loan, which can be partially repaid over 20-25 years and which is guaranteed by the cost of housing, made it acceptable for a wide range of people to purchase it. This, in turn, has pushed the construction of private housing for sale, as loans have increased demand for housing. He was also encouraged by the provision tax incentives, usually as a deduction from income tax mortgage interest payments.
Along with this, the state supported local authorities in the development of so-called social housing in order to give low-income groups of the population the opportunity to rent housing at affordable prices. Now its role is decreasing, it is mainly provided to the unemployed and low-paid who cannot afford to take out a loan.
The provision of such housing often faces the following problem: the provision of each subsequent new unit of housing may be more expensive than the old one (increase in the cost of construction or land, repayment of most loans and credits for old housing, growth interest rates). Serious difficulties in repairing and maintaining the old housing stock lead to the development of a trend of rising costs in the long term. Therefore, the financial situation in social housing varies greatly and depends on the age and condition of the housing stock, the scope of new construction and its location.
In some countries - France, Germany, the United States - the state provides subsidies to private providers so that they can rent housing to those in need at low prices. The rent is thus below the market level as long as the subsidy is in effect or for a certain period of time.
Focus change state regulation and the important role of the private sector can be seen most clearly in the UK, where there is a change in the proportion of different forms of housing provision. For example, the proportion of homeowners and people renting housing in the public sector from local authorities has increased, while the proportion of tenants in the private sector has decreased. Moreover, such a shift is often explained precisely by state intervention, in particular, the introduction of control over rent and the protection of tenants in the face of owners. The latter, in turn, blamed the state for not being able to profit commercially, and this led many to sell their homes or demolish them. This can be partly explained by the fact that old houses were demolished as part of slum control programs, and new ones were already being built by investors with the expectation of selling. Moreover, state organizations, and the private ones were encouraged to build, while the private renters did not receive any support.
As for the specific implementation of state participation in solving the housing problem, there are many options, and they are quite well developed in world practice. For example, the famous British economist Glenster identifies at least six areas of government intervention that are widely used in developed countries:
regulation of standards for houses under construction and permission to operate those already occupied;
control over rents in the private sector and ensuring the length of stay for certain categories of tenants;
construction, ownership and management of own buildings;
subsidizing the costs of tenants in both the public and private sectors and housing associations;
subsidizing housing improvements by private and public owners;
Subsidizing the purchase of housing through the tax system.
One of the main problems of housing policy is the relationship between choice and scarcity of resources. With limited resources, a choice is needed that satisfies both the consumer, the producer, and the state demand. At the same time, the state faces a number of dilemmas, for example, to help specific people or to subsidize housing; develop social housing or encourage private housing. Modern world experience demonstrates the following main trends in the participation of the state in solving the housing problem:
providing subsidies to the private rather than the public sector;
providing subsidies to the individual/family/household rather than linking them to the housing stock;
·reduction of direct state allocations for solving the housing problem while maintaining tax benefits for homeowners.
A comparison of the practice of housing policy in the developed capitalist countries and in the socialist countries leads to paradoxical conclusions.
The arsenal of methods that can be used to help the population in solving the housing problem is well known and does not fundamentally differ either in developed or in the former socialist countries - these are either loans and subsidies for the purchase of their own housing and payment for services, or the provision of public housing.
· Many studies show that the methods used by governments committed to different ideologies differed little from each other. The most striking example is the housing policy of the Conservative and Socialist cabinets in France.
· The housing problem has not been fully resolved anywhere in the form in which it was formulated.
· Russian government, obviously, seeks to curtail its interference in the solution of the housing issue and shift it onto the shoulders of citizen-owners. At the same time, it is argued that if a person owns housing, then he will take better care of it. Yes, but if he has the appropriate funds for it. As a result, modern Russian housing policy is formed under the influence of three main factors.
First, in the context of the transition to a market economy, new problems appeared in Russian society - homelessness, and partly poverty. This refers to a broad understanding of poverty, which refers not simply to the level of income or consumption, but includes the state of health, education, social mobility. The urban poor suffer from overcrowding, violence, and being isolated in ghettos. On the other hand, modern Russia faces the problem of social polarization, the concentration of poverty and wealth. Private construction for sale is developing rapidly, while market prices for new housing and the maintenance of old housing stock are quite high. As a result, access to housing becomes problematic for people who cannot afford to buy it.
Secondly, local authorities play an important role in the development and implementation of housing policy.
Changes in the management structure associated with the election of regional authorities give the latter a greater opportunity in the development and implementation of housing policy within the framework of the federal line. Decentralization of political and economic decision-making is the main direction of Russia's political development. It is believed that this opens up opportunities for more significant institutional changes, increases democratization and the degree of participation of civil society. Today, local authorities are responsible for providing a range of services to the population. However, they face the problem of fulfilling increased responsibilities.
Thirdly, the transfer of the housing burden from the state to the individual and family reflects shifts in the provision of social services towards a market vision of social policy.
The relative role of private and public sectors is changing: the private sector is increasingly replacing the public sector. Promotion market principles became a determining factor in the development of the housing sector. However, the important role of the state remains in setting policy, implementing regulatory mechanisms and developing an institutional structure to provide for socially vulnerable citizens. Therefore, the question of integrating the economic and social aspects of housing policy is particularly acute.
Provision of housing for certain categories of citizens established by federal law (on the example of the Altai Territory)
According to statistics, the provision of living space on average per one villager Altai Territory has grown from 17.9 sq. m in 1990 to 21.1 sq. m. in 2007 (or 17.8%). During the same period, the value this indicator for the urban population increased by 30% from 15.52 to 19.7 sq. m. Thus, the village is gradually losing one of its advantages - a higher provision of housing for the population.
Rice unok 1. Provision of housing for the rural and urban population of the Altai Territory in 1990-2007 gg. (sq. m per person)
So, when implementing the Decree of the President of the Russian Federation “On providing housing for veterans of the Great Patriotic War 1941-1945" in the Altai Territory among veterans who received housing in 2010-2012. (out of those registered after March 1, 2005), 72% were residents of the village. According to the Glavaltaysotszashchita, only 14% of veterans (857 people) purchased housing in villages and regional centers, the rest replenished the number of urban residents of the region (or 4902 people).
The low level of housing commissioning has led to deterioration and dilapidation of the rural housing stock: the share of stone houses (apartments) with wear and tear over 70%, and wooden and other houses with wear and tear over 65% has increased by 2.5 times.
The positive dynamics of housing construction began to be observed in 2011. Put into operation 661.59 thousand square meters. m total area residential buildings, which is 2 thousand square meters. m more than in 2010.
In rural areas, 231.3 thousand sq. m. m of the total area, which is 32.2% of the total input in the region and exceeded the figure of 2010 by 0.2%. For veterans of the Great Patriotic War, 26 residential buildings were built.
Rice unok 2. Entering the total area of residential buildings (thousand sq. sq. m)
In accordance with the effective demand of the population for housing, developers continue to implement measures to increase the number of apartments being commissioned while reducing their average size: compared to the pre-crisis 2007, the number of apartments built increased by 2,156 apartments, while the average area of apartments built decreased by 13 square meters. m. This trend speaks, on the one hand, of an increase in the number of new settlers, on the other hand, of the orientation of developers towards the construction of economy class housing.
Rice unok 3. The ratio of the number of apartments put into operation and their average size
Despite a noticeable increase, the values of housing improvement indicators are still low. So, in 2007, only a little more than half (54%) of the living space in the village was equipped with water supply, 38% with sewerage and 7% with hot water.
Rice unok 4. Security rural areas Altai Territory utilities in 1996-2007 gg. (% of equipped housing to the total area of the housing stock)
The unsatisfactory condition of a large number of housing is due, in addition to physical wear and tear, to an inefficient management system, insufficient financial resources sent to its content, current and overhaul, a high degree of equipment wear and engineering networks. Some houses have not been repaired for 40-50 years.
In addition, in the current housing legislation, the lack of a centralized sewerage system and hot water supply in one and two-storey houses does not serve as a basis for recognizing a residential building as unfit for habitation and for registering citizens in need of improved living conditions.
At the same time, according to the information of the Head of Social Protection, about 31% of veterans and family members of the perished (deceased) disabled people and participants in the Great Patriotic War do not move to newly acquired housing. The reasons for this behavior of older people are both psychological and economic. When examining the social and living conditions of veterans after the transfer of subsidies for purchased housing, conducted by local governments, some veterans categorically refused to evict their old housing and leave their "native walls", despite the lack of improvement systems and the recognition of housing unfit for habitation, as well as the trend of minimizing consumption and all-round self-restraint as an imperative of survival. New housing acted either as a source of additional income from renting it out, or was re-registered as the property of relatives. In isolated cases, reconstruction of old houses on existing land plots was carried out.
Currently, in the Altai Territory, only 12% of the land plots of the total area of the prospective development territory are provided with engineering infrastructure. The problem of "infrastructure" today has become a serious obstacle to the development of housing construction.
Local self-government bodies need to take measures to organize territories for integrated development in order to build residential buildings, including for certain categories of citizens.
First of all, it is necessary to plan the development of the territory, taking into account the needs of housing. Prospects for the development of housing construction should be taken into account when developing programs integrated development systems of communal infrastructure of municipalities. This program should be the basis for the development of investment programs by organizations communal complex, which provide for financing the construction and modernization of the communal infrastructure system through tariff regulation.
According to local governments, the total expected commissioning of housing in 2012 is 506 thousand square meters. m of total area, which brings the region back to the level of 2006.
An analysis of the dynamics of housing prices demonstrates the stabilization of prices in the primary housing market and growth in the secondary housing market. One of the reasons for this phenomenon in the secondary market is a significant supply budget funds to provide accommodation for participants government programs.
Rice unok 5. Average market value 1 sq. m of total housing area in the Altai Territory
The main part of the colossal budget investments went to the secondary market, including during the implementation of the Decree of the President of the Russian Federation in the Altai Territory, 5469 veterans purchased apartments in the secondary housing market and only 4% of veterans (or 264 veterans) purchased apartments in the primary housing market, including including 26 veterans built individual houses. The amount of federal budget funds spent for these purposes amounted to 5,607,015.505 thousand rubles.
Rice unok 6. The amount of the subsidy to veterans of the Great Patriotic War in the Altai Territory
The problem with purchasing a home is that the amount of the subsidy for veterans is calculated as the product of the total area of housing, equal to 36 square meters. m on average market value 1 sq. m of the total area of housing in the subject of the Russian Federation, quarterly approved by the Ministry regional development Russian Federation. In 2009, the subsidy was calculated on the basis of 22 sq. m of total area.
Despite the increase in the size of the total area from 22 to 36 sq. m to calculate the subsidy, these funds do not allow citizens to purchase comfortable housing without adding their own funds.
In the general context of housing reform in Russia, the question of the choice of priorities is acute. At present, they are mainly of a financial and economic nature - an increase in rent payments and a transition from subsidizing residential premises to subsidizing people with the establishment of a system for protecting socially unprotected segments of the population. However, practice shows that in order to overcome housing insecurity, not only income support is needed, but also strategies such as:
1.Build apartments and houses, attracting budget loans, and then offer them to program participants.
2. Solve the issues of formation of land plots, providing them with engineering, communal, social infrastructure and present to developers at auctions.
3. To carry out the formation of housing-construction cooperatives from among those in need of housing for public sector employees, large families and provide them for residential development land no auction.
Bibliography:
1. Sergienko A.M., Rodionova L.V., The social sphere of the village: its features of development in the agro-industrial region.// Economic and social policy: theoretical and applied aspects, collection of articles. - AGU. Barnaul. - 2009. - 355 p.
2. Commissioner for Human Rights in the Altai Territory. Special report "On the observance of the rights of certain categories of citizens to housing in the Altai Territory" [Electronic resource].// - Access mode: URL: http://protmen.ru/index.php?c=bibl/spec/spec1 . (accessed 10/19/2012).
3. Management of the Altai Territory for construction and architecture. Report "On the measures taken by the Altai Territory Department for Construction and Architecture to preserve and increase the volume of work in the construction market of the Altai Territory in 2011-2012". [Electronic resource].// - Access mode: URL: http://stroy22.ru/news/2012/03/27/itogi_rabotyi_stroitelnogo_kompleksa_a... (accessed 10/19/2012).
4. Chubarova T.V. Social aspects of housing policy//Housing issue as a problem of social policy. - IMEPI RAS. - M., 2004. - 179 p.