Housing subsidy son of a military man. Can I get a subsidy for my son? The officer's father received housing for his son

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

Eligibility social payment certified by a certificate, within the framework of the subprogram have the following categories of citizens Russian Federation(hereinafter referred to as citizens): (as amended by Decree of the Government of the Russian Federation of July 12, 2011 N 561) (see the text in the previous edition) a) military personnel (with the exception of participants in the accumulation mortgage system housing military personnel), employees of the internal affairs bodies subject to dismissal with military service(services), and persons equated to them, recognized in the prescribed manner as needing residential premises: (as amended by Decree of the Government of the Russian Federation of 07/12/2011 N 561) (see the text in the previous edition) military personnel subject to dismissal from military service upon reaching by them the age limit for military service, or for health reasons, or in connection with organizational and staff measures, the total duration of military service of which in calendar terms is 10 years or more; employees of the internal affairs bodies of the Russian Federation, maintained at the expense of funds federal budget and those dismissed from service upon reaching the age limit for service, or for health reasons, or in connection with organizational and staffing activities, the total duration of service of which in calendar terms is 10 years or more; military personnel subject to dismissal from military service upon expiration of the contract or for family reasons specified in subparagraph “c” of paragraph 3 of Article 51 of the Federal Law “On military duty and military service”, and citizens dismissed from military service on these grounds, total duration whose military service in calendar terms is 20 years or more, and who are registered with those in need of residential premises in the federal executive body; (as amended by Decree of the Government of the Russian Federation of 12.07. Fire Service of the Ministry of the Russian Federation for civil defense , emergency situations and liquidation of consequences of natural disasters, maintained at the expense of the federal budget and dismissed from service upon reaching the age limit for service, or for health reasons, or in connection with organizational and staffing activities, the total duration of service of which in calendar terms is 10 years or more; employees of institutions and bodies of the penitentiary system, maintained at the expense of the federal budget and dismissed from service upon reaching the age limit for service, or for health reasons, or in connection with organizational and staffing activities, the total duration of service of which in calendar terms is 10 years or more; citizens dismissed from military service (service) upon reaching the age limit for military service (service), or for health reasons, or in connection with organizational and staffing activities, the total duration of military service (service) in calendar terms is 10 years and more, and after dismissal, registered with those in need of residential premises in the federal executive body; dismissed from service in the federal bodies of the tax police with the right to a pension, who were registered as needing housing in these bodies and registered as needing housing in the internal affairs bodies at the place of their pension provision; (as amended by the Decree of the Government of the Russian Federation dated 07/12/2011 N 561) (see the text in the previous edition) members of the families of military personnel (with the exception of military personnel participating in the accumulative mortgage system of housing for military personnel), who underwent military service under a contract, and employees of internal affairs bodies maintained at the expense of the federal budget affairs of the Russian Federation, employees of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters, employees of institutions and bodies of the penitentiary system who died (deceased) during military service (service), who acquired the right to providing living quarters until the death (death) of a serviceman (employee) and are registered with the federal executive body in need of living quarters. At the same time, widows (widowers) of these citizens are entitled to receive social benefits certified by a certificate until they remarry; (the paragraph was introduced by Decree of the Government of the Russian Federation of 12. 07.2011 N 561) family members of citizens who did military service under a contract (with the exception of military personnel who participated in the accumulative mortgage system of housing for military personnel), who died (deceased) after being discharged from military service upon reaching the age limit for military service, health status or in connection with organizational and staffing measures, the total duration of military service of which is 10 years or more, who have acquired the right to provide housing until the death (death) of a citizen dismissed from military service, and are registered in need of housing in the federal body executive power. At the same time, widows (widowers) of these citizens are entitled to receive social benefits certified by a certificate until they remarry; (the paragraph was introduced by Decree of the Government of the Russian Federation of 07.12. settlements institutions with special conditions economic activity(hereinafter referred to as villages). The list of settlements, the resettlement of citizens from which is carried out using a social payment certified by a certificate, is approved by the Government of the Russian Federation on the proposal of the Ministry of Justice of the Russian Federation; ) - d) have become invalid. - Decree of the Government of the Russian Federation of July 12, 2011 N 561; (see the text in the previous edition) e) citizens who arrived at permanent job under a contract to organizations located on the territory of the Baikonur complex, which are financed from the federal budget, dismissed (dismissed) from work at the Baikonur complex, the grounds for dismissal of which are (were) retirement due to age, or the liquidation of the organization, or a reduction in the number of either the staff of employees, or the state of health registered by the administration of Baikonur as in need of housing and having no housing on the territory of the Russian Federation; of the previous edition) f) citizens exposed to radiation as a result of a disaster at Chernobyl nuclear power plant, accidents on production association"Mayak", and persons equated to them, registered as in need of improvement living conditions who are entitled to housing at the expense of the federal budget in accordance with Articles 14, 15, 16, 17 and 22 of the Law of the Russian Federation of May 15, 1991 N 1244-1 "On the social protection of citizens exposed to radiation due to the Chernobyl disaster NPP, Federal Law No. 175-FZ of November 26, 1998, On the Social Protection of Citizens of the Russian Federation Exposed to Radiation as a Result of an Accident in 1957 at the Mayak Production Association and Discharges of Radioactive Waste into the Techa River, and Decree of the Supreme Council of the Russian Federation dated December 27, 1991 N 2123-1 “On the extension of the Law of the RSFSR “On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster” to citizens from special risk units; (as amended by Decrees of the Government of the Russian Federation of 10.04. N 257, dated 12.07.2011 N 561) (see the text in the previous edition) local government registered as needing accommodation; h) citizens leaving (left) from the regions Far North and areas equated to them, which are entitled to receive social benefits in accordance with the Federal Law “On housing subsidies to citizens leaving the regions of the Far North and areas equated to them”; (clause “h” as amended by the Decree of the Government of the Russian Federation of 03.11. 2011 N 909) (see the text in the previous edition) i) citizens leaving from settlements(including from cities, towns), from polar stations located in the regions of the Far North and areas equated to them and closed in accordance with the legislation of the Russian Federation on the basis of decisions of state authorities of the constituent entities of the Russian Federation in agreement with the Government of the Russian Federation (hereinafter - closed settlements) entitled to receive social benefits in accordance with the Federal Law "On Housing Subsidies to Citizens Leaving Closed Settlements in the Far North and Equivalent Localities".

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

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

Legal advice:

1. I am a soldier. Own housing is not provided. Provided with service housing. Whether there is a legal ways, make my parents members of my family.

1.1. Tatyana, the definition - family members are regulated by both the family code of the Russian Federation and the Housing Code of the Russian Federation. Of course, there are ways. I recommend that you contact any lawyer of the site in personal correspondence and you will be provided with professional assistance.

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2. Are the parents of a deceased soldier's son entitled to housing or subsidies?

2.1. They have the right to inherit.

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3. Are there benefits for the purchase of housing for the parents of dead servicemen?

3.1. Olga.
If the parents are disabled and are registered as needing better housing conditions, then they are subject to Art. 21 of the Federal Law "On Veterans". One of the measures of social support is the provision of housing for living.
There is no such thing as "a benefit for the purchase of housing" in the legislation of the Russian Federation.

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4. My husband, a former military man, was recognized as needy upon his dismissal and received a subsidy for housing, since we were entitled to 90 sq. sq.m, with the adoption of a new law on the status of a serviceman 416 FZ, can he return these squares and monetary compensation?

4.1. Hello, if HC was paid before the entry into force of the said law, then the spouse is not entitled to claim for recalculation of HC upwards, since the law does not apply to legal relations that arose before its entry into force.

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4.2. Can not.
The law does not have retroactive effect and will apply only to those legal relations that arose after its entry into force - Art. 4 of the Civil Code of the Russian Federation.

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5. When applying for permanent housing, I, as a serviceman, was called up to those in need of housing, but my wife was not, due to the fact that a year ago she was registered in her parents' apartment without any property rights. Is this RUGE's decision correct?

5.1. No, it's not legal. Warn your ZRUZHO that contact the prosecutor's office (in your case, the military prosecutor) and let them read the DETERMINATION of the Supreme Court of September 26, 2016 N 84-KG 16-6
There, of course, with the Federal Penitentiary Service, but everything is basically the same there.

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6. My husband is a soldier, the whole family, and we have 3 children, is registered in the division. We are renting from my mother on a sub-tenancy agreement. The command of the unit has claims against us, they say that it is impossible to rent housing from parents. Is it so?

6.1. When hiring (sub-hiring) living quarters from relatives, monetary compensation to servicemen and members of their families, as well as to family members of a deceased (dead) soldier, is paid on a general basis in the absence of registration at the place of residence in this residential building.

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6.2. Hello, I explain that, in accordance with paragraph 14 of the Instruction on the organization in the Armed Forces of the Russian Federation of the payment of monetary compensation for the hiring (sublease) of residential premises, approved. By order of the Minister of Defense of the Russian Federation of May 27, 2016 No. 303, when hiring (sub-hiring) residential premises from relatives, monetary compensation to military personnel and members of their families, as well as to members of the family of a deceased (deceased) military serviceman, is paid on a general basis in the absence of registration at the place of residence in this residential area.

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7. My husband is a military man, we decided to apply for recognition as needing housing, but we are registered in different places: I and two children are with my parents, and my husband is with his parents. What to do in this situation?

7.1. In accordance with Decree of the Government of the Russian Federation of July 17, 1995 N 713, military personnel who entered military service under a contract, as well as officers undergoing military service by conscription, and members of their families, before receiving housing, are registered by registration authorities at the place of deployment military units according to established order.
That is, the spouse must register and register his family members at the place of residence in the military unit.
Only after registration you can apply for the recognition of your family in need of housing.

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8. I am a serviceman, 20 years of service. Parents in 1993 privatized the apartment, I did not participate in the privatization. My wife's parents also privatized an apartment in 2004. She has the right to reside. The family consists of 4 people, two minor children. Are we entitled to permanent housing or missing square meters, taking into account those received by parents?

9. Tell me my husband is a military man with more than 20 years of experience in the north. We were denied an apartment based on the fact that he privatized his parents' apartment at the age of 18, the apartment was immediately sold. He began serving at the age of 20. Can you tell me if we have a chance to get housing and what should we do next?

9.1. To appeal the refusal, he also participated in privatization and this deprives him of the right to an apartment.

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10. I am a serviceman, the first contract after January 1, 1998. I participated in the privatization of my parents' housing when I studied at a school in 1996, there was a 1/4 share, I refused when donating to my mother in 2013. The entire service life (25 years) was registered and we stay with a unit (me, wife and child) in another region. Will my family and I be considered eligible for housing? 5 years have passed since the donation and refusal of the share.

10.1. Yes, there are chances.

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11. Can the natural father, under the “strict guidance” of his parents, take the child from the mother and what grounds are needed for this? Given that the mother is not an alcoholic, not a drug addict, she was not registered anywhere, the father is a military man and the mother does not own housing in the city where she lives with her child. The housing owned by the mother is located in the region.

11.1. Sergey, good afternoon.
This is possible only on the basis of a relevant court decision.

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12. I am a military man, do I have 23 years of service, am I entitled to receive permanent housing from the state if my parents once received housing from the state.

12.1. if they received housing through the Ministry of Defense, then there will be problems. If not, you can get it, provided that you need housing in accordance with Article 51 of the RF Housing Code.
Good luck and all the best.

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13. Serviceman with 20 years of service. Lived. The commission refused to register those in need of housing. Due to participation in privatization (in 1994, my parents gave me a share in an apartment of 12 square meters. At that time I was 15 years old). I gave this share to my mother in 2012. Is it legal?

13.1. No, appeal the commission's decision.
Article 53

Citizens who, with the intention of acquiring the right to be registered as in need of residential premises, have committed actions as a result of which such citizens can be recognized as in need of residential premises, are registered as in need of residential premises not earlier than five years from the date of commission specified intentional actions.

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Consultation on your question

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14. I am a serviceman with 20 years of service. They don’t put me on the waiting list for housing since I participated in privatization in 1994 (my parents gave me a share in an apartment of 12 sq.m.) at that time I was 15 years old. I gave this share to my mother in 2012 Is it legal?

14.1. If the share was donated in 2012, then now, according to Article 53 of the LC RF, the period has expired to not put you on the housing queue.

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15. Service apartment issued to a serviceman, a child under 14 years of age is registered in it. The term for the provision of housing has ended under the contract and it is required to rent an apartment. It is obvious that if you do not hand over, then they will forcibly force you to be discharged through the court. But will they be able to discharge the child if his parents have no other housing?
Or, since this is service housing and there was a contract, then there is no chance to stay? (The serviceman no longer serves; this was already a reason to rent out housing under the contract)

15.1. They can write out and evict through the court the child with his parents to nowhere. If the term of service of the father is over. Unfortunately, in your case, the child does not have any advantages. Because as a service apartment st. 100-103 of the LCD of the Russian Federation.

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15.2. Roman, taking into account the fact that the apartment is a service apartment, but a minor is registered, most likely it will be necessary to vacate the occupied premises.

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16. I am a soldier. Can I somehow make my parents members of my family? In order to get housing in the future, including on them.

16.1. Tatyana good afternoon! According to Article 31 of the Housing Code of the Russian Federation, family members of the owner of a dwelling include his spouse living together with the owner in the dwelling belonging to him, as well as the children and parents of this owner. Accordingly, if you live together, then in court, so that it would be more reliable to recognize them as family members.

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17. Can a contract serviceman take military mortgage for the construction of housing, having a residence permit for himself and his son in the apartment of his parents.

17.1. The question is not unambiguous, indicated in its text - it has nothing to do with it. See Art. 9 of the Federal Law of August 20, 2004 N 117-FZ "On the savings and mortgage system of housing for military personnel", if it fits the parameters - yes.

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18. Is it possible to buy a home from parents (or spouse's parents) housing subsidy for military personnel?

18.1. Andrey On this account, in the current legislation there is no ban on such a purchase of housing. The most important thing here is that the parents then check out of this apartment, otherwise they can be accused of fraud and receiving payments from Article 159.2 of the Criminal Code of the Russian Federation.

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18.2. Russian legislation does not contain a ban on transactions between close relatives, so such a transaction is absolutely legitimate (legal). Make a deal in accordance with the law and there will be no problems.

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19. They denied service housing for a serviceman, citing the fact that I participated in the parents' certificate 7 years ago, and at the same time I donated a share a long time ago. Was I rightfully denied? Or go to court?

19.1. I believe that the refusal is illegal! My opinion is based only on the data in the brief text of the question! For starters, you should file a complaint with the military prosecutor's office of the garrison! The prosecutor's office will take into account and evaluate all the circumstances and details from the standpoint of law! After all, service housing is provided even when you personally own housing, but in a different place, away from the garrison where you are doing military service! So I don't see reliable and legal grounds for such a rejection! Appeal to the / prosecutor will not help, go to court! Good luck and success! Thank you for choosing our legal site!

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20. I am a member of the military. I have the right to receive housing or monetary compensation for the purchase of housing, if I am registered (temporary registration) with my family with my parents and at the same time I do not own anything from this apartment.

20.1. According to the norms of the law (including articles 49-52 of the LC RF) you have such a right! At the same time, it should be borne in mind that military commanders not very rarely have their own "special" opinion on this matter! You need to be ready for this! Registration at the place of residence (what you called temporary registration, according to the Rules, it is called that) does not allow the bosses to consider that you have the right to use the living quarters that belong to your parents! You have to stand firm on this! Any problems, please contact us! Get advice on how to respond to the "special" opinion of the bosses! Thank you for visiting our legal site!

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21. please, the husband is a military man, a month ago, learn service housing, but when applying for registration, it turned out that our family did not have the right to be registered as needy at all due to the fact that they were registered in the apartment of the wife’s parents and now they say move out. What should we do in this situation: 1 large family, 2 do not own housing, 3 the apartment in which they are registered is recognized as unsuitable for habitation 4 is registered in the apartment 9 people 55.8 sq.m.

21.1. According to the information you provided in the question, you have the right to receive service housing in accordance with the current legislation - Federal Law of May 27, 1998 N 76-FZ (as amended on July 1, 2017, as amended on November 16, 2017) "On the status of military personnel "Article 15. "The right to housing", Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280 "On the provision of housing to servicemen of the Armed Forces of the Russian Federation under an agreement social recruitment and service residential premises" and Article 51. "Grounds for recognizing citizens as in need of residential premises provided under social tenancy agreements" of the LC RF.
I can advise you not to voluntarily leave the apartment provided to you and demand that the organization that refused you registration give a written answer why you are denied registration. Then you can go to court.

Sincerely, Nurkov E.S. !

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22. We are a young family. We are interested in the issue of the "young family" program. The husband does not own housing, he is a military man. I have a share of my parents' house. Can I declare myself in need and take part in state program?

22.1. An important rule is that the young family should be officially recognized as in need of better living conditions. This can be achieved in the following cases:
if the living area per each family member is less than that established in the region;
if the family lives in a room that does not meet the rules and requirements established for residential premises;
if the family lives in communal apartment when there is a sick person in the family, cohabitation with whom is impossible.
In order to achieve recognition of a family in need of better housing conditions, it is necessary to apply to the district administration at the place of residence. All the best!

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23. Are servicemen entitled to housing when they are transferred to the reserve according to the age limit if they have housing donated by their parents.

23.1. ☼ Hello, Housing can only be provided if you need to improve your living conditions

I wish you good luck and all the best!

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24. The husband is a military man temporary registration(housing of his parents) in the city in which he serves. It does not have its share or area. Registration only. Does he have the right to receive a service apartment or money for sub-rent. Thank you!

24.1. If a soldier is not registered with his parents, I believe that in this case he has the right to service housing or payment for sub-rental housing, since he is not a member of his parents' family in this case.

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24.2. It does not have its share or area. Registration only
Where does he really live? In another apartment? Do you have a rental agreement? Where did you come from? Or entered the service in the same city as he lived?

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25. I am an active serviceman, 21 calendar years of service, participated as a minor in the privatization of my parents' apartment. Now it's time to draw up documents for recognition in need of housing. How to refuse a share in the apartment of the parents?

25.1. Now you can't refuse a share. You have the right to sell your share or give it to your parents. Good luck and all the best.

Hello. I have 2 daughters. The eldest is 23 years old. She got married, but is registered in a service apartment with us. This year I have 20 years of military service. I get the right to improve my life. conditions at the chosen place of residence. I want to write for a housing subsidy, I signed a contract up to the age limit for staying on the aircraft. Will the eldest daughter be included in the family to receive HS?

Irina Stepanova, offhand:

"So, once again, let's remember who belongs to the family members of a serviceman in accordance with Part 5 of Article 2 of the Federal Law "On the Status of Servicemen":
“Members of the families of servicemen, citizens discharged from military service, who are subject to the specified social guarantees, compensations, UNLESS OTHERWISE IS ESTABLISHED BY THIS Federal Law, OTHER FEDERAL LAWS, include:

Spouse (husband);
minor children;


dependents of military personnel.

However, in everything related to housing legal relations, OTHER is established by ANOTHER Federal Law, namely, Article 69 of the Housing Code of the Russian Federation:

1. Family members of a tenant of residential premises under a social tenancy agreement include his spouse living together with him, as well as children and parents of this tenant. Other relatives, disabled dependents are recognized as members of the tenant's family under a social tenancy agreement, if they are moved in by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of residential premises under a social tenancy agreement in a judicial proceeding.

And it brings complete clarity to this issue:
PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

ON SOME APPLICATION QUESTIONS
COURTS OF THE LEGISLATION ON MILITARY DUTY,
MILITARY SERVICE AND STATUS OF MILITARY SERVICE

22. When considering the applications of servicemen related to the exercise of their right to housing, it must be borne in mind that the grounds and procedure for providing servicemen with housing are regulated both by the Federal Law “On the Status of Servicemen” and by the norms of the housing legislation of the Russian Federation.
(as amended by the Decree of the Plenum Supreme Court RF dated 06.02.2007 N 6)
….
On the grounds established by law, residential premises are provided to servicemen and members of their families living together with them. When deciding who should be classified as family members of a serviceman who have the right to housing, one should be guided by the norms of the Housing Code of the Russian Federation.

As you can see, in housing legal relations, children are members of the family of a serviceman (subject to cohabitation), regardless of age, training, work, etc.

The following questions are often asked: “My daughter got married, changed her last name, was she legally excluded from my family members, and me from the queue for improving housing conditions?”. The answer is contained in article 69 of the Housing Code of the Russian Federation, which does NOT contain any restrictions on this matter.
Moreover: a serviceman (if desired) has the right, in the prescribed manner, to move in the spouse of his daughter, recognize him as a family member and demand the provision of housing, taking into account this spouse, that is, 18 sq. more meters. True, this is not always advisable, but this is already a “worldly” issue, and not a legal one ...

It only remains to add that the illegal exclusion from the waiting lists must be challenged in court."
http://don-advokat.ru/army/?p=113

"In accordance with paragraph 5 of Article 2 of the Federal Law of May 27, 1998 No. 76-FZ "On the Status of Servicemen", social guarantees and compensations, which are provided for by this law, federal constitutional laws and federal laws, are established:

military personnel and members of their families;

Citizens dismissed from military service in the Armed Forces of the Russian Federation, other troops, military formations and bodies, the United Armed Forces of the Commonwealth member states Independent States and their family members;

Citizens Dismissed from Military Service in the Armed Forces of the USSR, Border, Internal and Railway Troops, Civil Defense Troops, Bodies and Troops state security, other military formations of the USSR, and members of their families.

The family members of servicemen, citizens discharged from military service, who are subject to these social guarantees, compensations, unless otherwise provided by this law, other federal laws, include:

Spouse (husband);

Minor children;

Children over 18 who become disabled before they reach the age of 18;

Children under the age of 23 enrolled in educational institutions full-time education;

Persons dependent on military personnel.

According to Part 1 of Article 69 of the Federal Law of December 29, 2004 No. 188-FZ "Housing Code of the Russian Federation", family members of a tenant of residential premises under a social tenancy agreement include his spouse living with him, as well as children and parents of this tenant. Other relatives, disabled dependents are recognized as members of the tenant's family under a social tenancy agreement, if they are moved in by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of residential premises under a social tenancy agreement in a judicial proceeding.

Paragraph 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated February 14, 2000 No. 9 "On Certain Issues of the Application by Courts of Legislation on Conscription, Military Service and the Status of Military Personnel" explains that when resolving disputes related to the recognition of a person as a family member of a tenant of residential premises under an agreement social hiring, the Courts need to take into account that the circle of persons who are members of the employer's family is defined by part 1 of article 69 of the Housing Code of the Russian Federation. "

Hello Sergey.

There is no legal age limit for your son, the main thing is that he be a member of your family, live with you and be included in the military family in his personal file.

I must warn you that if you receive a subsidy for your son, and he claims a military mortgage, then he may be denied it, since his state has provided housing as part of your family.

Federal Law "On the savings-mortgage system of housing for military personnel"

Article 9

3. The basis for the exclusion of a serviceman by the federal executive body, in which the federal law provides for military service, from the register of participants is:

3) fulfillment by the state of its obligations to provide a serviceman during the period of military service with living quarters (with the exception of specialized living quarters). housing stock) other stipulated normative legal acts President of the Russian Federation in a way at the expense of the federal budget.

Sincerely! G.A. Kuraev

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

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

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

Let's consider all this in more detail.

Legislative regulation

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

Latest news and changes

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

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

In addition, regulatory authorities must without fail before leaving a serviceman to the reserve, check the provision of housing or subsidies for the construction of residential real estate.

Housing options

Subsidy

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

In particular, these are conditions:

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

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

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

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

The decision is made within one calendar month.

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

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

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

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

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

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

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

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

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

After that, the employees of the department will bring the serviceman into single register as in dire need of housing.

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

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

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

Allocation of service housing

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

In its turn referred to as service housing:

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

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

Who has the right

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

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

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

List of required documentation

According to federal law on the provision of subsidies for military personnel and Article 51 of the RF LC, it is necessary, in addition to the application itself, to provide list of such documentation, How:

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

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

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

Possibility of privatization of provided housing

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

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

• in connection with the retirement age;
• due to poor health;
• due to abbreviations.

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

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

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

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

The privatization itself is carried out in the same way as the usual one. Any distinctive features this is not.

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

admin 27.01.2017

This article discusses the rights to receive a housing subsidy for the acquisition or construction of residential premises for military personnel, persons discharged from military service, and other categories of citizens in accordance with the law of the Russian Federation "On the status of military personnel".

Click on the diagram to view full size(in a new window)

🔵 The main condition for obtaining a housing subsidy

The table above shows that the main condition for receiving a housing subsidy is recognition of a soldier in need of housing. Recognition as in need of housing in the Ministry of Defense of the Russian Federation occurs regional offices(link) housing (and their territorial departments), and in other ministries where the law provides for military service - housing (housing) commissions.

See in detail here: Recognition of a serviceman as needing housing for permanent residence.

🔵 How eligibility for a housing allowance depends on years of service

The next condition for receiving a housing subsidy is the presence of a certain length of service - depending on the date of conclusion of the first contract.

For those who entered into the first contract before January 1, 1998, the length of service did not matter - from the very beginning of the housing subsidy in 2014, since the first five years for which service housing is provided have long since passed. And on the day of preparation of this material, all those who signed the first contract before January 1, 1998 already have a length of service of 20 years in calendar terms.

For those who entered into the first contract after January 1, 1998, necessary condition receiving a housing subsidy is the presence of a calendar length of service of 20 years. For those dismissed on the so-called preferential grounds (health, organizational and staffing measures and reaching the age limit for military service) - at least 10 calendar years.

🔵 The right of discharged military personnel to receive a housing subsidy

Citizens discharged from military service are also eligible for a housing subsidy under certain conditions:

• ⭐ if a citizen during the period of military service was recognized as needing housing;
• ⭐ if the citizen was dismissed while remaining on the waiting list.

Confirmation of recognition as needing housing for former military personnel of the Ministry of Defense is inclusion in a single register posted on the official website of the Ministry of Defense. For other ministries, where the law provides for military service, confirmation is the Decision (Minutes) of the meeting of the housing commission. Dismissal with leaving in the waiting lists is confirmed by an extract from the dismissal order.

It is not uncommon for a serviceman, during the period of military service, to be recognized as in need of housing, but still fired without being left on the waiting list. The reasons may be:

• ❗there is no sufficient length of service;
• ❗there is no “preferential” reason for dismissal;
• ❗not knowing the law and their housing rights;
• ❗passive behavior of the serviceman himself (did not file a relevant report).

Such citizens, dismissed from military service, cannot count on receiving a housing subsidy.

Do you have any questions? Sign up for an online consultation with an experienced military lawyer - a specialist in the field of military housing law

🔵 The right to receive a housing subsidy for family members of a deceased (deceased) serviceman

Family members of a serviceman (with the exception of a serviceman who is a participant in the NIS) are entitled to receive a housing subsidy:

1. if a serviceman died (died) during the period of military service,
2. if, after completing military service under a contract, a citizen died (died) after being discharged from military service

In the first paragraph, housing subsidies are provided in any case and do not depend on any conditions (length of service, date of conclusion of the first contract, etc.).

In the second case, a housing subsidy is provided on the condition of dismissal upon reaching the age limit, for health reasons or in connection with organizational and staff measures, with a calendar length of service of 10 years or more, or, regardless of the basis for dismissal, with a calendar length of service of 20 years or more.

one more prerequisite provision of a housing subsidy under the second paragraph is that the soldier during the period of military service was recognized or could be recognized in need of housing.

🔵 Features of calculating the subsidy by family members of the deceased (deceased) serviceman

1. ⭐ When determining the number of family members taken into account deceased soldier.

The soldier has a wife and two children. In the event of the death (death) of a serviceman, his widow will have to submit an application and indicate the deceased serviceman in the appropriate column “family composition”, that is, the family composition will not be three, but four people.

1. ⭐ Applied maximum coefficient 2.75 - regardless of length of service.

The deceased (deceased) soldier had 20 years of service. In the "usual" case, the coefficient provided for the length of service from 20 to 21 years, that is, 2.45, is applied. In this case, the maximum is applied, that is, the one that is provided for a length of service of 25 years or more - 2.75

For more information on housing allowance calculations, see Housing allowance calculator for military personnel

🔵 Who is eligible for a housing subsidy at the chosen place of residence

The housing subsidy is provided by transfer to the serviceman's account, which can be opened anywhere. Therefore, even such concepts as “receiving a housing subsidy at the chosen place of residence” and “receiving a housing subsidy at the place of service” causes bewilderment. You can read more in my article “Receiving a housing subsidy “at the place of service” and “at the chosen place of residence”, published in issue 7-8 of the journal “Right in Armed Forces» for 2016. The article provides a detailed analysis of the legislation, as well as a grammatical analysis of the rules of law and clarification of how errors in legal technique led to a misinterpretation of the law.