Service housing for military personnel is one way of encouraging citizens to enter military service. Unfortunately, those who choose this path in life are faced with the fact that the state does not fulfill all its promises. And you have to delve into the legislative norms in order to assert your rights.
Legislative regulation
- Art. 15 of the Law “On the Status of Military Personnel” is dedicated to their housing rights.
- ZhK - lists the grounds for recognizing citizens in need of housing, the status of official housing and the general procedure for acquiring rights to it.
- Decree of the Government of the Russian Federation on the procedure for recognizing persons in need of housing and its provision as property of June 29, 2011 No. 5124
- An instruction on housing issued by the Minister of Defense or an official heading an organization whose service is equivalent to military.
The annex indicates the forms of documents that are filled out by the applicant.
This should include departmental normative acts affecting the accounting and formation of the service housing fund for military personnel.
In 2014, the Moscow Region issued a methodological recommendation for working with employees who apply for official housing. Its use is possible with an eye to changes in legislation.
Housing Status
Service housing for military personnel is a specialized fund. It is provided as an individual house or apartment. In the case of military personnel, the responsibility for providing it lies with the Defense Ministry in the person of KECh - housing and operational units. The organization addresses the following issues:
- registration of the needy and acceptance of applications with documents;
- housing accounting;
- participation in its content;
- participation in the acceptance of new facilities and the formation of a request for new housing.
The complex of tasks solved by the organization is extensive, and only the main areas of their activity are indicated here.
Service housing for military personnel is provided for temporary use, it cannot be privatized and then transferred by inheritance or make another transaction with it (purchase and sale, donation, exchange, etc.).
The law provides the right to use a cash subsidy from the state budget instead of providing premises.
Room suitability
More than one family cannot be accommodated in one room. Service housing for the serviceman is provided near the duty station. Housing from a maneuvering fund may be provided for those with a family, if you need to wait for the issuance of service.
In addition, housing must meet other standards, in particular, you can not move a person into an apartment located in a house recognized as emergency. The facility must meet sanitary standards.
The minimum size of living space is calculated based on 18 square meters. m per person. Persons with the rank of colonel or equivalent to him are entitled to an additional area of up to 25 square meters. m. per person.
Who is eligible for service housing
It’s easier to say who does not have the right to it:
- Persons serving on conscription;
- students or cadets of military educational organizations;
- employees who have been fired.
The last paragraph does not affect some categories of citizens who have retired:
- the dismissal took place due to unfitness for service due to the state of health;
- The dismissal took place due to staff reductions, but at the time of dismissal, the service life was 10 years.
Starting from 01.01.1998, all employees, regardless of rank and position, who entered into the first contract, have the right to official housing.
All those serving in closed military camps are subject to housing. Their list is approved by the Ministry of Defense and other bodies whose service is equated with the military (FSB, FSO).
The reception of service housing by the military is made taking into account the family members living with him. Relations must be official.
Package of documents
The provision of official housing to a military serviceman shall be organized after the submission of a package of documents by him along with the application.
- the application is filled out in the approved form;
- copies of identification documents of family members (passports, birth certificates, court decisions on adoption, etc.);
- certificate of family composition;
- certificate that the employee does not occupy housing under a social contract of employment, and the previously occupied premises were vacated;
- extract from Rosreestr on the presence or absence of residential real estate ownership;
- a copy of the current contract for military service or a certificate of its conclusion;
- extracts from house books, financial personal accounts for the last 5 years. for each member of the family.
If any documents cannot be provided, a certificate confirming this is attached. For example, from the RAGS a certificate stating that the applicant had not previously been married and was not at the time of its issuance.
Decision Making Procedure
The provision of service housing for the contracted military does not preclude the operation of the housing complex. It turns out whether within 5 years before the appeal the employees committed actions aimed at worsening the condition of the premises in which he lived. Was he deprived of housing due to a violation of the procedure for its use (the decision is made by the court on the basis of systematic violations according to the Code of Administrative Offenses)?
It is not considered a violation by the introduction of family members if housing is not designed for their stay.
The term for consideration of documents is 30 working days according to the law on citizens' appeals.
The absence of all documents according to the list gives reason to suspend consideration of the application. The decision is sent to the applicant and the commander of the unit to which the transfer took place. The document indicates what other documents must be provided.
A 30-day period of time is also allocated for their provision. After its expiration, the papers are returned to the applicant. And documents for official housing to the military are submitted again.
Record keeping
Normative acts oblige to keep a record of all employees who need housing. According to the instruction of the Ministry of Defense, the lists are posted in the public domain, in particular on the Internet, making the provision of official housing for military personnel an open topic for the public.
The date of registration is the date when the documents for registration were sent.
If the employee was on vacation, on treatment, on duty, in the zone of military conflict, in captivity (except for voluntary surrender), as a hostage, the day of filing is tied to the date of the actual occurrence of the right to housing.
If, after submitting a package of documents to KEC, the circumstances regarding obtaining official housing have changed, they should be reported no later than 30 days later.
The queue is formed based on the date of registration. Not later than 3 days later the applicant is sent an extract from the registry indicating the number in the queue.
Housing is issued according to priority, if the registration date is unified, preference is given to a person with a longer length of service. We are not talking about the title and position.
How is the delivery of official housing organized by the military
On vacated premises KECh informs employees who may qualify for them, a notification is sent. Copies of messages are transmitted to the commanders or commanders of military units.
If a person is in a war zone, on combat duty, on a campaign, and other similar circumstances, the issuance of vacated housing is suspended if the expected period of absence is less than 90 days. If it drags on for a longer period of time, housing is transferred to other participants in the queue.
Within 5 days after receiving the notice, a written consent is required with the proposed options. Within 30 days, copies of documents that were previously filed at the time of registration are also sent.
If within 5 days after receiving the notice, consent is not provided, housing is issued to other participants in the queue. The same consequences occur if consent is given, and documents of confirmation have not been sent.
Removal from the register
Service housing for military personnel is terminated if:
- filed an application for deregistration;
- funds received for the purchase of housing in property or for construction;
- disappeared grounds for obtaining the right to housing.
If the disappearance of circumstances giving the right to housing becomes known before the social contract of employment is concluded, the premises are distributed according to the list between other military personnel.
The rest of the procedure is identical to that of ordinary citizens.
On the basis of the documents handed in and the decision on acceptance, a social contract of employment is concluded. Together with the tenant, members of his family move in, after which an act of transfer of the premises is signed. The act notes all the shortcomings of the premises, otherwise the tenant will be responsible for them.