State housing policy is one of the main activities of state bodies in the center and at the local level. Reform in the housing sector is one of 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 housing conditions in houses of all types of housing stock;
- providing a healthy living environment, creating a living environment worthy of a civilized person.
In the new system of housing policy, neither the state, nor local governments accumulate funds of the population for subsequent state and municipal housing construction and the distribution of apartments to people in need of housing. Each citizen independently seeks funds, only to a certain extent relying on the system of compensations (subsidies) and loans, for the purchase 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 vulnerable 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 houses of state or municipal housing funds, as before, is carried out without payment of their construction cost.
The housing problem, characterized by a chronic and absolute housing shortage, has always existed in the Russian Federation. Today, the housing problem not only remains in general, but is also getting worse. This is facilitated by many factors: a shortage of resources for expanded reproduction of housing, a constant influx of refugees and internally displaced persons from neighboring countries to Russia, continuing urbanization and urban growth, etc.
According to the indicator "living space on average per one resident" in our country, a value is established 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 sq. m. In 1929, the rate was increased to 9 square meters. m. In accordance with the currently valid Housing Code of the Russian Federation, the living space standard is set at 12 square meters per person.
At the same time, in cities, the problem is communal and small-sized apartments, and in rural areas - the quality of housing, its dilapidation and poor communal facilities. The situation is no better with the housing stock in rural areas. 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, every fifth residential unit in medium and small towns lacks running water, sewerage and 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 compared to other countries is 10-15 times, i.e. more than the average in terms of living standards. In Russia,
Despite the cramped material conditions Russians have a growing interest in improving their living conditions. The main way is mortgage. With the existing shortage of funds, the current scheme is non-bank lending for the construction and purchase of housing (sale of apartments in installments with simultaneous registration of it in ownership and collateral) and the use of a savings 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 in ownership, and to pay the other half of the cost, receive an installment plan for 5-10 years. Thus, the best option - This is a combined financing of the construction of municipal housing from various sources, accumulated within the framework of a single targeted budget fund.
It would seem that a solution to the problem of providing for 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 harsh. There are many problems, both organizational and legal. Let's start with legal problems.
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 ability to have a home, to use it under the conditions determined by law, as well as to dispose of it in the cases and procedure established by law.
With the adoption of the RF Parliament, the myths about the "charitable function" of the Russian state were finally dispelled. If, according to the Constitution of the USSR of 1977, everyone was guaranteed the right to housing, which first of all meant the provision of free living space for Soviet citizens, and only then (as a non-basic form) the opportunity to independently provide living space through participation in cooperative and individual housing construction. This approach gave rise to dependent sentiments in almost the entire Soviet population, since the idea of \u200b\u200bthe state's obligation to provide them with housing was firmly entrenched in the minds of the people, while 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 (Art. 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 his understanding in comparison with the previously existing Constitution of 1977.
The Constitution of the Russian Federation in Art. 40 provides that state authorities and local self-government bodies 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 in need of housing. In order to activate the population, it was necessary to move away from dependency and tell everyone, and it is right, that the state will provide only the poor with social housing, 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 the servicemen 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 the free provision of living quarters due to their special functional purpose. Federal Law No. 122-FZ finally dispelled any illusions among the entire population of our state (including in the housing sector), and above all among the military, since it was this category that was deprived of the right to free housing under an agreement even before the adoption of the RF Housing Code. social recruitment.
Thus, today the right of servicemen to housing, from its understanding as the right to receive permanent living space (living quarters), as a prerequisite for ensuring their decent living standard, has been replaced in the legislation by the possibility of obtaining service (temporary) living quarters or living quarters acquired from with the help of the state when using the money of military personnel, i.e. a soldier must earn his own rent. However, the problem is that the gradual transition from the provision of permanent housing for military personnel in kind (in the form of a socially rented apartment) to its monetary equivalent (issuance and redemption of state housing certificates, accumulative mortgage system for providing housing for military personnel) is not associated with an increase in monetary allowance servicemen - the only legal source of the formation of their own money, which can be used to purchase housing. Thus, the state, having unilaterally removed its obligations to provide housing for servicemen, is again pushing servicemen to look for other sources of income in order to provide themselves with housing. Is this compatible with military service?
So, on January 1, 2005, Federal Law of August 22, 2004 N 122-FZ entered into force, which introduced 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 Housing Code 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 of housing for military personnel have undergone significant changes, which has generated a number of organizational and legal problems, which will be analyzed below.
2. From January 1, 2005, servicemen ceased to belong to those categories of citizens who are guaranteed the provision of living quarters under a social tenancy agreement, with the exception of persons previously registered in need of better housing conditions.
For servicemen registered with the need to improve their housing conditions before the RF Housing Code is put into effect, it remains possible to provide housing from social use funds under a social employment 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 is provided).
In accordance with the Housing Code of the Russian Federation (Article 49), and earlier the Law of the Russian Federation "On the Fundamentals of Federal Housing Policy", the housing stock of social use was allocated for socially vulnerable segments of the population (low-income citizens, minor orphans, etc.), as well as for selected categories citizens who have a special ("special") status due to the specifics of their mission, for example, civil servants and other persons specified in the law.
The amount of income per person is indicated as the legal personality precondition for the realization of the right to receive housing in the RF Housing Code. This prerequisite as mandatory is not subject to application in relation to military personnel who have the right to provide housing under a social contract, 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 military personnel was the Federal Law "On the Status of Military Personnel" (as amended, in force until 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 provision. For example, servicemen registered as needing better housing conditions before January 1, 2005, continue to remain so until they receive housing under a social rental agreement. Servicemen who graduated from military educational institutions after January 1, 2005 or entered military service under a contract after that date, are provided for the entire period of military service with official living quarters and take part in the accumulative mortgage system of housing, which assumes after the expiration of the specified period purchase of housing in the ownership. However, the current legislative acts do not establish a mechanism for housing provision for servicemen who do not belong to the indicated categories, but in the process of service began to need living quarters 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 soldier 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 office living space.
This gap in legislation must be closed, since the level of income does not allow servicemen at present to independently solve their housing problems, 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." Art. 15 of the Federal Law "On the Status of Servicemen", which does not say a word about such a new form of housing provision for servicemen as the accumulative mortgage system, i.e. does not even contain a blanket norm referring to the Federal Law "On the Savings and Mortgage System of Housing for Servicemen".
Is it possible to use this form to solve the problem of housing for military personnel in the distant future? To date, the answer is unequivocally negative. If the annual contribution of the state, as follows from official sources, will be $ 1,000 per year (for 20 years, about $ 20,000), in which settlement can you buy something for this money? In settlements remote 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 a standard living space in industrialized settlements. And this is not currently the case. Today's cadets understand that they can only be provided with service living space in a remote village, and at the end of their service they will not have housing.
2. ZhK RF establishes two criteria for differentiation of housing stock: by forms of ownership and by purposes of use (Art. 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 the state housing stock - a set of residential premises owned by the Russian Federation (housing stock of the Russian Federation) and residential premises owned by constituent entities of the Russian Federation (housing stock of constituent entities of the Russian Federation);
3) for the municipal housing stock - the aggregate of residential premises owned by municipalities.
Depending on the purposes of use, the housing stock is divided into:
1) for the housing stock for social use - the totality of housing stock provided to citizens under social rental contracts of state and municipal housing stock;
2) for specialized housing stock - a set of separate categories of citizens intended for living and provided according to the rules of Section IV ZhK RF of residential premises of state and municipal housing stock;
3) for an individual housing stock - a set of residential premises of a 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 terms of free use, as well as legal entities - the owners of such premises for citizens to live on the specified conditions of use;
4) for a housing stock for commercial use - a set of residential premises that are used by the owners of such premises for citizens to live on conditions of paid use, provided to citizens under other contracts, provided by the owners of such premises to persons for possession and (or) for use.
What housing funds are used to meet the housing needs of servicemen and their families? In accordance with the previously valid version of the Federal Law "On the Status of Servicemen", servicemen undergoing military service under contract and their family members living 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 other federal body the executive branch, in which the federal law provides for military service (paragraph 1 of article 15). As of January 1, 2005, as amended by the said Law, there is no indication of the types of housing stock, at the same time, within the meaning of the Law and the RF Housing Code, 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 the introduction of Housing Code Of the Russian Federation "since 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, which is state-owned by the Russian Federation and is under the full economic jurisdiction of state enterprises or operational management government agenciesfederal 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 the departmental fund, which is under the full economic control of state enterprises or the operational management of state institutions related 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 received from housing construction, refurbishment non-residential premises in residential and purchased by the relevant federal executive authorities. Basically, this includes the housing stock in military camps. According to Art. 15 of the Federal Law "On the Status of Servicemen", service living quarters are provided for the entire period of military service in closed military camps to servicemen - citizens of the Russian Federation who are doing military service under contract, and their family members living with them. According to the RF Housing Code, these residential premises belong to the housing stock of the Russian Federation. Consequently, we can talk about the presence of departmental housing stock conditionally, while understanding, first of all, the totality of office living quarters under the jurisdiction of one or another department (Ministry of Defense of the Russian Federation, FSB of Russia, Ministry of Internal Affairs of Russia, etc.), intended for housing servicemen of this department and their family members.
Having removed from public authorities and local self-government bodies the obligation to participate in housing provision for military personnel, as well as for other federal civil servants, the legislator did not provide for a mechanism for imposing the obligation on these bodies to provide land plots for housing 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, in fact, should we build housing for servicemen, including service ones? It is necessary in the shortest possible time to legislatively define a mechanism for the provision of land plots for these purposes, since they are derived from national tasks in the field of defense and security.
What should happen to the service living quarters when a soldier 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 service living quarters)? Since the provision of office living quarters 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) a serviceman will continue to occupy the previously provided living quarters with the transfer of it to 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 living quarters.
At the same time, upon dismissal of a serviceman from military service and forfeiting his right to provide office living space at the expense of the housing stock of the Russian Federation, the contract for renting office premises with him is terminated, which is the basis for his eviction without providing other accommodation, except in cases where provided for by Art. 103 LCD 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 in order to subsequently provide them with residential premises under social rental contracts, retain the right to be on this registration before they receive residential premises under social rental contracts. However, the provision of residential premises will be carried out in accordance with the procedure established by the Housing Code of the Russian Federation, and not the Housing Code of the RSFSR, that is, the previous procedure for the provision of residential premises to these citizens under social rental agreements is not preserved (Article 6 of the Introductory Law).
Attention should be paid to the fact that, in contrast to the previously existing procedure, the provision on the obligatory provision of a comfortable living quarters in relation to the conditions of a given settlement and its compliance with the established sanitary and technical requirements is excluded. At the same time, after the entry into force of the RF Housing Code, the Rules for the registration of citizens in need of improved housing conditions and the provision of residential premises, approved by the Resolution of the Council of Ministers of the RSFSR No. 335 dated July 31, 1984, will continue to operate. According to paragraph 42 of the Rules provided to citizens for living accommodation should be comfortable in relation to the conditions of the given settlement, meet the established sanitary and technical requirements. The specified "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, the policy of which 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 lease agreement is concluded with persons who have been provided with service housing.
In our opinion, both the contract for the lease of office premises (Art.94 of the RF LC) and the housing contract concluded with a serviceman are varieties of a social contract, which stipulates the application of certain norms of the HC RF governing the procedure for the provision of residential premises under a social contract ... In particular, we are talking about their provision in the order of priority (part 1 of article 57 of the RF LC).
Since for contract military personnel, the provision of office accommodation is a form of housing for them during military service (i.e., over a long period of time), they must be provided on a first come, first served basis. In addition, it is advisable to consider the possibility of providing office living quarters to persons whose need for living quarters arose after January 1, 2005 and who meet the criteria for providing living quarters under a social tenancy agreement (including income level).
5. The introductory law provides for the preservation of the validity of the articles of the JK of the RSFSR concerning the grounds for registering citizens who need to improve their living conditions. This conclusion follows from the analysis of Art. 5 of the said Law, according to which this Code applies 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 residential premises). Consequently, the norms of the Housing Code of the RSFSR will be limitedly applied 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 housing 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 sublease basis; 2) persons improving 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 Servicemen", servicemen 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). Currently, the provision of living quarters to military citizens and members of their families will be carried out in the order of general priority.
6. Servicemen who are provided with office living quarters for the entire period of military service shall be removed from the register upon receipt of premises in accordance with established standards.
Residential premises are provided only to persons registered in need of 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 borne in mind that with the entry into force of the RF Housing Code, the preferential procedure for the provision of residential premises under a social rental agreement is canceled, with the exception of cases provided for in 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 the established manner as unfit for living and are not subject to repair or reconstruction;
2) to orphans and children left without parental care, persons from among orphans and children left without parental care, at the end of their stay in educational and other institutions, including in social service institutions, in foster families, children's family-type houses, 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, such a version of the RF LC says that if a citizen before entering military service belonged to the listed categories of citizens, then after dismissal from military service he acquires the right to an extraordinary provision of living quarters if he meets the other criteria (in terms of income);
3) citizens suffering from severe forms of chronic diseases.
This procedure applies to relations that arose both before and after the entry into force of the RF LC (part 2 of article 6 of the Introductory Law). For persons who, before the introduction of the RF Housing Code, were included in the preferential queues (for the priority and extraordinary provision of residential premises), the previous procedure does not remain, since Art. 36 ("Priority provision of living quarters") and Art. 37 ("Out of order provision of living quarters") of the RSFSR LCD. Residential premises are provided to citizens registered as needing residential premises, in order of priority based on the time of registration of such citizens, with the exception of cases of extraordinary provision established by the RF Housing Code. 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 of article 19 of the Federal Law "On the Status of Judges in the Russian Federation" provides for an extraordinary procedure for housing provision for a judge; a similar norm of clause 4 of article 44 of the Federal Law "On the Prosecutor's Office of the Russian Federation" is provided for prosecutors) ...
The debatable question is whether the previously established procedure is subject to or not, according to which citizens who have the right to priority provision of residential premises were included in separate lists (Article 33 of the Housing Code of the RSFSR). I express my subjective point of view: the previous procedure can be retained in certain cases for persons registered in need of better housing conditions before March 1, 2005, since:
Citizens registered before March 1, 2005 for the purpose of the subsequent provision of residential premises to them under social tenancy agreements retain the right to be registered in this register until they receive residential premises under social tenancy agreements. These citizens are provided with living quarters 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 rental contracts are provided to other categories of citizens defined by federal law or the law of a constituent entity of the Russian Federation, recognized on the grounds established by the RF LC and (or) federal law or the law of a constituent entity of the Russian Federation as needing residential premises ... These living quarters are provided in accordance with the procedure established by the RF LC, unless a different procedure is provided for by federal law or the law of a constituent entity of the Russian Federation (part 3 of article 49 of the RF LC).
Therefore, in order to preserve the extraordinary order, it is necessary that two conditions are met:
1) such a procedure must be provided for by federal law or the law of a constituent entity of the Russian Federation;
2) the provision of residential premises must be carried out from the housing stock of the Russian Federation or the subject of the Russian Federation.
A similar conclusion can be drawn with regard to the priority order of the provision of residential premises.
8. In connection with the loss of the meaning of the order as a basis for moving into a dwelling provided in the housing stock for social use, the existing jurisprudence on the recognition of the order as invalid and the eviction of persons who moved into a particular dwelling under it is not subject to application of the RF Housing Code. Previously, a violation of the sequence of providing citizens with residential premises could serve as a basis for recognizing the order as invalid.
The Housing Code of the Russian Federation does not provide for grounds for terminating the social employment contract in the event of a violation of the sequence of providing residential premises from the social use fund.
Consequently, citizens who are registered as needing to improve their living 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 lease agreement. The Housing Code of the Russian Federation does not establish the circle of persons who can bring a claim in such cases.
At the same time, attention should be paid to Art. 11 of the RF Housing Code, which regulates the protection of housing rights. According to this article, the protection of housing rights is carried out in various ways, including a non-normative act of a state body or local self-government body, as well as a housing commission of a military unit (for example, a decision to provide a specific living space to a person in violation of the priority order), violating the housing rights of participants in housing relations may be declared invalid by the court. In this case, it is necessary to submit an application to the court for unlawful decisionthat violated the sequence of provision of residential premises.
If the court recognizes the act as invalid, the violated right is subject to restoration or protection in other ways provided for by the RF LC or other federal law, for example, by changing the housing relationship, etc.
One of the acute problems in the practice of providing premises to citizens in need 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 a 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 employment contracts or family members of a tenant of residential premises under a social employment contract or owners of residential premises, if their residence in previously occupied residential premises is recognized as impossible, by the executive authority of the constituent entity of the Russian Federation, on the territory of which the residence of these persons is located, in the manner prescribed by the legislation of this constituent entity of the Russian Federation, comfortable residential premises of specialized housing stock under contracts for the lease of specialized residential premises Civil Code of the Russian Federation (part one) of 30.11.1994 No. 51-FZ (rev. from 08.03.2015). - Access mode: http://base.consultant.ru/. - Title from the screen ..
Living quarters are provided to the persons mentioned above, upon reaching the age of 18, and also in the case of acquiring 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 upon reaching the age of 18 years.
Upon a written application, living quarters are provided to them at the end of the period of stay in educational institutions, social service institutions, health care institutions and other institutions created in the manner prescribed by law for orphans and children left without parental care, as well as completion of training in educational institutions vocational education, or the end of military service upon 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 25.11.2014). - Access mode: http://base.consultant.ru/. - Title from the screen .. The term of the contract for the lease of specialized residential premises is five years.
In the event that certain circumstances of assistance in overcoming a difficult life situation are identified, a contract for the lease of specialized residential premises may be concluded for a new five-year period by decision of the executive authority of the constituent entity of the Russian Federation. The procedure for identifying these circumstances is established by the legislation of the subject of the Russian Federation. The lease agreement for specialized residential premises may be concluded for a new five-year period no more than once Popov S.N., Mishunina A.A. On the specifics of the implementation of the state housing policy in Russia at the present stage // Power. - 2009. - No. 11. - S. 112-114 ..
Upon the expiration of the term of the contract for the lease of a specialized dwelling, the executive body of the constituent entity of the Russian Federation that manages the state housing stock is obliged to make a decision to exclude the dwelling from the specialized housing stock and to conclude a social hiring contract with persons left without parental care in relation to this residential premises in the manner prescribed by the legislation of the subject of the Russian Federation.
The right to housing is reserved for persons who belonged to the category of orphans and children left without parental care, persons from among children-orphans and children left without parental care, and have reached the age of 23 years, until they are actually provided with housing.
Let's give an example of judicial practice.
Semenov R.G. applied to the Balezinsky District Court with a claim against the Department of Family Affairs and Child Protection of the Balezinsky District Municipal Formation to restore the missed deadline for filing an application for the provision of housing. The statement of claim is justified by the fact that at the beginning of DD.MM.YYYY from funds mass media I learned 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. Learning this information, applied to the guardianship and trusteeship authorities of Glazov. In DD.MM.YYYY from the Ministry of Education UR received a letter from DD.MM.YYYY № that in the registration file of the plaintiff, as an orphan, an application for the provision of living quarters, as well as information about the need for living quarters are missing. The plaintiff does not have special legal knowledge, and the guardianship and trusteeship bodies of the Balezinsky district did not explain that the plaintiff has the above-mentioned right, the guardians did not know this information either. Currently, the plaintiff is in dire need of housing, he has a minor child. Asks to restore the deadline for filing an application for the provision of living quarters for orphans on the basis of Federal Law No. 159-FZ dated 12.21.1996. The court satisfied the claim by the Decision of the Glazovsky District Court (Udmurt Republic) No. 2-297 / 2015 dated January 28, 2015 - Access mode: http://sudact.ru/. - Title from the screen ..
The most pressing problem is the provision of housing for orphans who left orphanages and became parents themselves in some cases. Due to the fact that the regional budget allocates a large amount of funds, housing is purchased and, of course, this topic is discussed, new people appear who were infringed on their rights - at one time they were not registered or on the queue, or they did not know that they had to get up in turn Kundalev-Lychkovsky E.V. Supervision over the implementation of legislation in the implementation of the priority national project "Affordable and Comfortable Housing - to the Citizens of Russia" // Legality. - 2013. - N 7. - S. 22 - 24 ..
The applicants are orphans and children left without parental care who have reached the age of 16, legal representatives, their legal representatives, persons from among orphans and children left without parental care.
To receive the service, it is necessary to submit an application with the necessary documents attached to the Office of Municipal Housing of the Administration of Izhevsk directly by the applicant (upon reaching the age of 16) 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 receiving residential premises (or on refusal to register). Resolution of the Administration of the city of Izhevsk UR dated 27.01. 2012 № 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/. - Title from the screen ..
Today in Udmurtia there are 6773 orphans and children left without parental care. Of these, 1282 are in institutions for orphans. 946 had the right to receive housing. The budget allocated almost 192 million rubles for housing in 2014. More than 88 million rubles have been allocated from the federal budget. As of January 1 of this year, 205 residential premises were purchased for 218 orphans Activity Report for 2014 // Official website of the Ministry of Education and Science of the Udmurt Republic and the Committee for Family and demographic policy under the Government of the UR. - Access mode: http: //semya.udmurt.ru/. - Title from the screen ..
According to the new system of housing provision, an orphan is provided with an apartment for 5 years on a social rental basis. If during this time he did not manage to socialize (was ill, did not find a job), the term is extended for another five years. All this time, a graduate of the orphanage pays only for utilities. Further, the housing is transferred for use. In 5 years, when the child receives 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 may be extended for another five years. Family legislation of Russia and neighboring countries on guardianship and trusteeship: a comparative characteristic of approaches // Laws of Russia: experience, analysis, practice. - 2013. - No. 4. - P. 50 - 53.
We believe that the amendment to the law was correct. It is quite rightly stated that children leave the orphanage completely unadapted to adult life, do not understand what value this housing is, and become victims of fraud when an apartment or house was bought out from them, providing either 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, to 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 wait in line to purchase 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 applied for help to the human rights center. All of them at different times applied to the Administrations of the cities and regions 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 representatives of the Administrations acted like a blueprint, giving everyone a decision to queue up for housing, motivating that at the moment they do not have the opportunity to provide it, and also that the issue will be resolved by as funds are received 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 turn to the republican prosecutor's office with a request to protect the rights of orphans 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 courts on the provision of housing. Last year alone, there were 162 such court decisions in Udmurtia. Currently, another 483 similar cases are pending in courts. - Access mode: http://udmurtia.tv/taxonomy/term/539/0. - Title from the screen ..
To provide housing for orphans, it is planned to create a specialized housing stock. Udmurtia places great emphasis on housing construction in this matter, since the previous practice, which involved allocating money to municipalities for the purchase of housing, gave rise to a large number of abuses. Experience in the construction of housing for orphans is already being implemented in Izhevsk in the Leninsky District - this is the construction of individual 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 erected 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. - Title from the screen. ...
However, this amount is not enough, and for the purchase of housing in the secondary market from municipalities certain problems arise. To solve them, solutions are possible, namely: it is necessary to develop optimal projects for the construction of new homes for orphans, and also to consider the possibility of reconstruction of existing buildings (abandoned, unfinished buildings, vacant living quarters) for homes for orphans Garipova Z.L. The role of the state in raising the housing standards of the population through ensuring the affordability of housing // CISP. - 2012. - No. 1. - S. 82-84 ..
The President of Udmurtia noted that in the region there are quite a few houses suitable for living, provided that they are overhauled. As an example, he cited a two-storey, three-entrance building with 24 apartments in the Mozhginsky District. It currently stands without windows, but repairs will be much cheaper than building new house... And there are such buildings in almost every district.
We believe that in order to solve this problem, it is necessary to develop and adopt a Republican target program for the repair and transfer of dilapidated housing to a fund to support orphans and children left without parental care. The implementation of this program will provide housing for a greater number of orphans and children left without parental care Aimaletdinov T.A. Russians' views on mortgages as a way to improve living conditions // Monitoring. - 2013. - No. 3. - S. 115 ..
Within the framework of the program, the Administrations of municipal districts will provide information about housing suitable for habitation, what repairs are required for a residential building, 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. 06.03.2007 № 2 - РЗ (as amended on 04.02.2015) "On measures of social support for orphans and children left without parental care." - Access mode: http://base.consultant.ru/. - Title 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 a living space for the applicant.
IN last years more and more often there are situations when vocational education institutions deny the right to educate orphans due to the fact that this category of children is difficult, not law-abiding, prone to antisocial actions, 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 trusteeship body at the place of residence (study).
The guardianship and trusteeship body 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, applicants from other cities from among orphans and children left without parental care are provided with free meals from the moment they arrive at an educational institution until they are enrolled in studies. 2009 No. 423 (as amended on 02/14/2013) "On certain issues of the implementation of guardianship and trusteeship in relation to minors." - Access mode: http://base.consultant.ru/. - Title from the screen ..
IN real life directors of orphanages bring children to professional institutions on August 30-31, however, by September 15, children without 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, they willfully leave the institution, and social teachers 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 put before the fact the director of the orphanage about the absence of the child in the professional institution Analysis of the level of housing affordability // IVD. - 2012. - No. 41. - S. 42-45 ..
A fairly large number of orphans are graduated from the walls of orphanages every year. The analysis shows that practically all graduates of orphanages enter vocational education institutions. In 2012, the share of graduates admitted to vocational education institutions was 98.0% of the total number of graduates.
In judicial practice, there are examples of orphans turning to court in order 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 established requirements. The claims are motivated by the fact that the plaintiff is<данные изъяты>... The plaintiff was found to be in need of a dwelling and was registered for obtaining housing on 13.10.2010. For Norseev P.M. living quarters saved at:<адрес>, which by the resolution of the MO administration “<адрес>"Dated 12.10.2010<номер> found unfit for habitation. He does not own any property, he is not an employer or a family member of an employer under a social employment contract. The obligation to provide living quarters is imposed on the defendant, however, the living quarters have not yet been provided.
At the hearing the plaintiff Norseev P.M. he supported the claim and asked to satisfy it.
In written objections, the representative of the defendant did not recognize the claim, indicated that the Law of the UR No. 8-RZ "On the provision of living quarters for orphans and children left without parental care, as well as persons from among orphans and children left without parental care" a new procedure for providing housing to persons of this category is envisaged. In accordance with this procedure, persons of this category are obliged to submit applications to the guardianship and guardianship authority, which checks the information provided by the applicant and draws up an opinion. On the basis of the positive opinion of the guardianship and trusteeship body, the defendant includes the person in the republican list of persons of this category subject to the provision of residential premises in the Udmurt Republic. The plaintiff was included in the republican list of orphans and children left without parental care who are to be provided with living quarters in the Udmurt Republic. Further, the authorized body will make a decision to provide the plaintiff with residential premises, the deadline for making a decision on the provision of residential premises is not established by law, the specified housing stock in the Udmurt Republic is currently at the stage of formation Uskova T.V., Gordina ON. Ways of solving the housing problem in the region // Problems of territory development. - 2010. - No. 4. - S. 75-78 ..
After examining the case materials, the court found the claims to be satisfied. Decision of the Oktyabrskiy District Court of Izhevsk (Udmurt Republic) No. 2-1619 / 2015 dated February 19, 2015 - Access mode: http://sudact.ru/. - Title from the screen ..
In the Udmurt Republic, the following measures were taken to organize post-boarding support. Created:
electronic database on graduates of educational institutions for orphans;
social hotel;
social adaptation programs in educational institutions for orphans.
It is planned to create a Post-Boarding Support Center ..
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 detection of the child, his stay in the institution for orphans, information about parents, disability, information about housing, placement for further education, employment, data on offenses.
In 2011, as part of the implementation of the Program of demographic development of the Udmurt Republic for 2011-2015, (subprogram "Comprehensive measures for the prevention of social orphanhood of children in the Udmurt Republic"), the Municipal entity "City of Izhevsk" financial resources for the creation and opening on the basis of the NGO of the Center for Support of Women's Initiatives "Warm House" of 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, before their admission to professional institutions formation or allocation of their own housing Erypalova E.S. Prospects for use in Russian conditions foreign experience organization of land use and implementation of housing programs // Izvestiya IGEA. - 2009. - No. 6. - S. 41-43 ..
Thus, we can conclude that there is not enough housing for orphans and children left without parental care, and municipalities face certain problems in acquiring it on the secondary market. To solve them, solutions are possible, namely: it is necessary to develop optimal projects for the construction of new homes for orphans, and also to consider the possibility of reconstruction of existing buildings (abandoned, unfinished buildings, vacant living quarters) for homes for orphans.
We will indicate 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 of 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 the biggest the problem of providing housing for young families this is a discrepancy between the size of wages and the cost of housing in our country. Given the average wage in the country, this money is hardly enough to pay off a mortgage. In addition, young families find it difficult in view of wages, often lower than the average, and if a child is born in a family, then life turns into survival.
State assistance to resolve 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 target the most needy groups of the population. The latest such programs are programs to provide and help in the acquisition of real estate for young families, orphans, people with disabilities and other vulnerable groups of citizens. The programs involve financial assistance in purchasing economical housing in the form of issuing certificates that can be used when calculating with mortgage banks when applying for a loan for the purchase of real estate. After submission of applications and approval of 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 under a subsidy. The disadvantage 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, therefore, the time frame for acquiring housing and settling families move.Problems that cannot be solved by the state regarding the acquisition of affordable housing for a young family
Of course, developers cannot reduce the cost square meter housing to a minimum, since the construction of residential real estate requires colossal costs, but what the local Administration of each region is trying to work with is reducing the cost through the use of more economical materials that meet GOSTs and TUs for construction. For this reason, in many regions of the country, the Administration has assumed obligations for the construction and organization of communication networks in new houses, and developers are reducing the cost of materials, thus, according to new programs that have been developed over several years, the cost of one square meter of housing costs young people. families in the range of 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 deals with this issue. However, at the end of 2014, Russian Prime Minister Dmitry A. Medvedev issued a resolution 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 to purchase housing at a reduced cost with the help of the state ...
HOUSING AS A SOCIAL PROBLEM
Tretyakova Lyudmila Pavlovna
2nd year student, department economic theory Alt GU, International Institute economics, management and information systems, g. Barnaul
E- mail: r [email protected] bk . ru
Currently in russian society the question of how to solve socio-economic problems and the need to reform the housing and communal services is being actively discussed. Moreover, scientific and public discussions are taking place against the background of actions taken by the 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 off only once. It is especially true for the housing issue in view of its special importance, on the one hand, and complexity and complexity, on the other. The list of negative consequences of the lack of housing 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 this raises the problem of size, cost, location of housing, availability of amenities, etc. 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 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 sectors of the social sphere. Housing policy affects all aspects of the housing issue. This is determined by the fact that in order to solve it in modern conditions, it is necessary to consolidate personal, commercial and government efforts. State intervention in solving the housing problem is associated with three of its 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 economic and political factors that lead to direct government intervention in the housing system often outweigh social ones. Housing is now at the epicenter of the trend away from the government intervention model to ensure the right to housing to market modelwhere economic prosperity becomes the main guarantor of meeting the need for housing. Housing policy is an important means of government participation in solving the housing problem. At the same time, to ensure socially acceptable forms of housing distribution, considerations are needed not only economic efficiencybut also social justice.
The classical definition of social policy includes, along with education, health care, social security and personal social services, which are traditionally included in the subject 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, deliberately 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 solving social problems, using various methods for this: indirectly regulates social processes; directly involved in the provision of social services to the population.
A generalization of the models of social policy of different 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.
Social policy models 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 social democratic models. The first is based on the fact that social problems are solved more effectively with minimal government 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 resort in providing support to those in need. At the same time, the fact that a person finds himself in a difficult situation is viewed primarily as his personal failure.
The social democratic model recognizes the necessary participation of the state to ensure an equitable distribution of social benefits. The state undertakes to ensure a certain minimum standard of welfare as a citizen's right. Therefore, social programs are considered as an integral part of the life of modern society.
In addition, we can mention another model - structural - when the state takes full responsibility for the welfare 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 make it possible to single out the general and the specific among the whole variety of social programs. Therefore, in practice, these models can overlap in one way or another.
Housing should be considered a merit commodity. It can, in principle, be produced on the market, but its individual consumption has not only personal but also broader social consequences. Without government intervention, there may be a tendency to under-consumption, either because people do not understand the importance of meeting their housing needs, or because of a lack of funds.
The housing problem especially clearly reveals the connection between the economy and the social sphere. On the one hand, the provision of a “roof over your head” is a basic human need. On the other hand, construction, maintenance and sale-renting of housing have become important manifestations of economic activity. More than half of all investments in construction are in housing construction, which acts as a source of employment.
At the present stage, the problems in the housing policy of Russia are associated with the fact that in the foreground today in Russia is the promotion of the market model of housing policy, as a result, there is a change in the ratio between its economic and social components. Moreover, economic and political considerations prevail over social arguments in favor of direct government 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 is necessary to bear in mind that the social in this context has two aspects. First, a person experiences difficulties that are recognized as unacceptable in modern society and therefore require solutions. Secondly, in order to overcome them, he needs help from the community. 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 socio-economic processes taking place in modern society.
In the broadest sense, the housing issue in a modern developed society is associated with ensuring the right to housing, or more precisely, 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 issue, which meant providing the population with housing in accordance with the 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 must 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 related to housing, without regard to the form of ownership of real estate, land or construction funds. In this case, the goals and objectives of housing policy should be formed taking into account the general goals and objectives of social policy.
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 \u200b\u200bhousing 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 as to how much government intervention is desirable and to what extent. In housing policy, economic and financial aspects are quite strong, which most often dominate open discussions.
The extent 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 to citizens. However, there has always been a private sector that includes private houses in rural areas and housing construction 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 shortage of housing and the strict regulation of its distribution were seen as a constraining factor in meeting people's needs for housing. Secondly, since there was an increase in income 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 their 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. The opportunity to receive funds for home purchase through long-term loan, which can be partially paid over 20-25 years and which is guaranteed by the cost of housing, made it permissible for a wide range of people to purchase it. This, in turn, pushed the construction of private housing for sale, as demand for housing expanded due to loans. He was also stimulated by the provision of tax incentives, usually as a deduction from income tax payments of interest on a mortgage loan.
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, mainly it is provided to the unemployed and low-paid, who cannot afford to take out a loan.
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 of the loans and credits for old housing, rise in interest rates). Serious difficulties in repairing and maintaining old housing stock lead to the development of a trend of rising costs in the long term. Therefore, the financial situation in the field of social housing varies significantly 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 government provides subsidies to private providers so that they can rent out 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.
The changing focus of government regulation and the important role of the private sector can be seen particularly clearly in the UK, where the relationship between different forms of housing is changing. For example, the share of homeowners and people renting housing in the public sector from local authorities increased, while the share of tenants in the private sector decreased. Moreover, such a shift is often explained by government intervention, in particular, the introduction of control over rent and the protection of tenants in the face of owners. The latter, in turn, accused the state of not being able to obtain commercial benefits, and this forced many to sell their homes or demolish them. In part, this can be explained by the fact that old houses were demolished as part of slum-fighting programs, and new ones were already being built by investors for sale. Moreover, both state organizations and private ones were encouraged to build, while private owners who rented housing for rent received no support.
As for the concrete embodiment of the state's participation in solving the housing problem, there are many possible options, and they are quite well developed in world practice. For example, renowned British economist Glenster identifies at least six areas of government intervention that are widely used in developed countries:
· Regulation of the standards of houses under construction and permission to operate those already occupied;
· Control over the rent in the private sector and ensuring the duration of residence for certain categories of residents;
· 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 in housing policy is the relationship between choice and resource constraints. With limited resources, a choice is needed that satisfies both the consumer and the manufacturer, and government demand. At the same time, the state faces a number of dilemmas, for example, helping specific people or subsidizing housing; develop social housing or to encourage the private. Modern world experience demonstrates the following main trends in state participation in solving the housing problem:
· The provision of subsidies to the private rather than the public sector;
· Provision of subsidies to a person / family / household, rather than linking them to the housing stock;
· Reduction of direct government allocations to solve the housing problem while maintaining tax incentives for homeowners.
Comparing the practice of housing policy in developed capitalist countries and in socialist countries allows us to draw paradoxical conclusions.
· The arsenal of methods that can be used to help the population in solving the housing issue is well known and does not fundamentally differ either in developed or in former socialist countries - these are either loans and subsidies to buy their own housing and pay for services, or the provision of public housing.
· Many studies show that the methods used by governments with different ideologies differed little from one another. The most striking example is the housing policy of the conservative and socialist offices 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 solving the housing issue and shift it onto the shoulders of citizens-owners. At the same time, it is argued that if a person owns a home, then he will take better care of it. Yes, but if he has the appropriate funds for this. As a result, modern Russian housing policy is shaped by three main factors.
First, in the context of the transition to a market, new problems have emerged in Russian society - homelessness and, in part, poverty. Here we mean a broad understanding of poverty, which does not just mean the level of income or consumption, but includes health status, education, social mobility. The urban poor suffer from overcrowding, violence, and their exclusion into ghettos. On the other hand, modern Russia is faced with the problem of social polarization, concentration of poverty and wealth. Private construction for sale is developing rapidly, while market prices for new housing and maintenance of old housing stock are quite high. As a result, access to housing becomes problematic for the population, which cannot afford to buy it.
Secondly, local governments play an important role in the development and implementation of housing policies.
Changes in the management structure associated with the election of regional authorities give the latter a great opportunity to develop and implement housing policy within the framework of the federal line. Decentralization of political and economic decision-making is the main direction of the political development of Russia. It is believed that this opens up opportunities for more significant institutional change, 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 their increased responsibilities.
Third, the shift in the burden of housing from the state to individuals and families reflects shifts in the provision of social services towards a market vision of social policy.
The relative role of the private and public sectors is changing: the private sector is increasingly replacing the public sector. Promotion market principles has become a determining factor in the development of the housing sector. However, the important role of the state remains in determining policy, introducing regulatory mechanisms and developing an institutional structure to ensure socially vulnerable citizens. Therefore, the issue of integrating the economic and social aspects of housing policy is especially acute.
Providing housing for some categories of citizens established by federal legislation (for example, Altai Territory)
According to statistics, the provision of living space per one rural resident of the Altai Territory increased from 17.9 sq. m in 1990 to 21.1 sq. m. in 2007 (or 17.8%). During the same period, the value of this indicator for the urban population increased by 30% from 15.52 to 19.7 square meters. 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 biennium (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 the veterans who received housing in 2010-2012. (of those registered after 01.03.2005), 72% were residents of the village. According to the data of Glavaltaisotszashita, only 14% of veterans (857 people) purchased housing in villages and regional centers, the rest added to the number of urban residents of the region (or 4902 people).
The low level of housing commissioning has led to the deterioration and dilapidation of the rural housing stock: the share of stone houses (apartments) with wear over 70% increased by 2.5 times, and wooden and other houses with wear over 65%.
The positive dynamics of housing construction began to be observed in 2011. Put into operation 661.59 thousand sq. m of the total area of \u200b\u200bresidential buildings, which is 2 thousand square meters. m more than in 2010.
In rural areas, 231.3 thousand square meters were commissioned. m of the total area, which is 32.2% of the total input on the edge and by 0.2% exceeded the 2010 figure. For the veterans of the Great Patriotic War, 26 residential buildings were built.
Rice unok 2. Entering the total area of \u200b\u200bresidential buildings (thous. sq. m)
According to the effective demand of the population for housing, developers continue to implement measures to increase the number of new apartments 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 \u200b\u200bapartments erected decreased by 13 sq. m. This tendency speaks, on the one hand, about an increase in the number of new settlers, on the other, about 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 \u200b\u200bof indicators of home improvement remain low. So, in 2007, only slightly more than half (54%) of the living space in the village was equipped with water supply, 38% - with sewerage and 7% - hot water.
Rice unok 4. Provision of rural areas of the Altai Territory utilities in 1996-2007 biennium (% of equipped housing to the total area of \u200b\u200bthe housing stock)
The unsatisfactory condition of a large number of housing is due, in addition to physical wear and tear, an ineffective management system, insufficient volume financial resources, directed to its maintenance, current and major repairs, a high degree of wear of equipment and engineering networks. Some houses have not been renovated for 40-50 years.
In addition, in the current housing legislation, there is no centralized sewage system and hot water supply in one- and two-story houses does not serve as a basis for recognizing a residential building as unsuitable for living and registering citizens in need of better housing conditions.
At the same time, according to the information of Glavaltaisotszashita, about 31% of veterans and family members of the deceased (deceased) invalids and participants of the Great Patriotic War do not move to newly acquired housing. The reasons for this behavior in older people are both psychological and economic. When examining the social and living conditions of veterans after the transfer of subsidies for the purchased housing, carried out by local governments, categorical refusals of some veterans to evict from old housing and leave their "native walls" were recorded, despite the lack of improvement systems and the recognition of housing as unfit for living, as well as the tendency to minimize 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 was carried out on existing land plots.
At present, in the Altai Territory, only 12% of the land plots of the total area of \u200b\u200bthe territory of prospective development 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 the organizations of the communal complex, which provide for financing the construction and modernization of the communal infrastructure system through tariff regulation.
According to local government data, the total expected commissioning of housing in 2012 is 506 thousand square meters. m of total area, which throws the edge to the level of 2006.
Analysis of the dynamics of housing prices demonstrates the stabilization of prices in the primary housing market and growth in the secondary. One of the reasons for this phenomenon in the secondary market is a significant inflow of budget funds to provide housing for participants in state programs.
Rice unok 5. Average market value 1 sq. m of total housing area in the Altai Territory
The bulk 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 of 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 size of the subsidy to veterans of the Great Patriotic War in the Altai Territory
The problem with purchasing housing is that the amount of the subsidy to veterans is calculated as the product of the total area of \u200b\u200bhousing equal to 36 sq. m at the average market value of 1 sq. m of the total area of \u200b\u200bhousing in the constituent entity of the Russian Federation, quarterly approved by the Ministry of Regional Development of the Russian Federation. In 2009, the calculation of the subsidy was made on the basis of 22 sq. m total area.
Despite the increase in the size of the total area from 22 to 36 sq. m for calculating the subsidy, these funds do not allow citizens to purchase comfortable housing without adding their own funds.
In the general context of the housing reform in Russia, the question of the choice of priorities arises. 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 of protection for socially vulnerable groups 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. Resolve the issues of forming land plots, providing them with engineering, communal, social infrastructure and submitting them to developers at auctions.
3. To carry out the formation of housing and construction cooperatives from among the employees of the public sector in need of housing, large families and provide them for housing development land without auction.
List of references:
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. - ASU. 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\u003dbibl/spec/spec1. (date of access 19.10.2012).
3. Office of the Altai Territory for Construction and Architecture. Report "On measures taken by the Altai Territory Administration for construction and architecture to preserve and increase the volume of work in the construction market of the Altai Territory in 2011-20123." [Electronic resource]. // - Access mode: URL: http: //stroy22.ru/news/2012/03/27/itogi_rabotyi_stroitelnogo_kompleksa_a ... (date of access 19.10.2012).
4. Chubarova T.V. Social aspects of housing policy // The housing issue as a problem of social policy. - IMEPS RAS. - M., 2004 .-- 179 p.