I, Major Shishkin Vladimir Nikolaevich, born on 13.02.1953, calendar service period of 28 years. Since January 5, 1982, he served in a unit stationed at the Russian nuclear test site on Novaya Zemlya Island, the contract ended on 13.02.1998, and he was not provided with living space on the mainland. Please give me an explanation on the issues of dismissal from the Armed Forces of the Russian Federation with the provision of housing on the territory of Russia.

Major Vladimir SHISHKIN.

Novaya Zemlya Island

I would like to reassure you right away and say that in accordance with Article 23 of the Federal Law "On the Status of Military Personnel" , as a serviceman whose total duration of military service is 10 years or more, who needs to improve housing conditions in accordance with the norms established by federal laws and other regulatory legal acts of the Russian Federation, you cannot, without your consent, be dismissed from military service upon reaching the age limit for military service, for health reasons, or in connection with organizational and staff activities without providing you with housing. If you wish, you can get a living space not at the place of discharge from military service. In this case, provision of residential premises at the chosen place of permanent residence is made in accordance with the procedure provided for in paragraphs 13 and 14 of Article 15 of the said Law. That is, you cannot be excluded from the list of waiting lists for receiving housing (improving housing conditions) at the last place of military service before your discharge without your consent.

At the request of the commander of a military unit, you must be included by the local self-government bodies of the chosen permanent place of residence in the lists of citizens dismissed from military service no more than three years before you are dismissed from military service after reaching the age limit for military service, or during the year when you are dismissed from military service for health reasons from military service, who need to receive residential premises, or to the lists of members of housing and construction (housing) cooperatives.

Local self-government bodies inform the relevant commanders of military units in writing about the decision taken within three months and guarantee the provision of residential premises after the arrival of citizens dismissed from military service to their chosen place of residence within three months. Information about registration is entered in the personal files of military personnel.

In addition, military personnel who have a total duration of military service of 10 years or more, upon dismissal from military service upon reaching the age limit for military service, due to health reasons or in connection with organizational and regular activities, and their family members when changing their place of residence no later than within three months from the date of arrival at the chosen place residential premises are provided by local self-government bodies in accordance with the established standards, including at the expense of state housing certificates for the purchase and construction of housing, provided with funds from the federal budget, as well as extra-budgetary sources of financing. The right to provide residential space under these conditions is granted to these citizens once. Documents on the delivery of residential premises to the Ministry of Defense of the Russian Federation (another federal executive body in which military service is provided by federal law) and removal from registration at the former place of residence are provided by these citizens and their family members living together with them when receiving residential space at the chosen place of residence.

If it is impossible to provide residential premises according to the established standards within a three-month period, local self-government bodies are required to place citizens dismissed from military service and their family members in other residential premises before providing them, or to pay them monetary compensation on a monthly basis at the expense of federal budget funds in accordance with the procedure and amounts determined by the Government of the Russian Federation.

The procedure for providing residential premises for military personnel living in closed military camps, when they are dismissed from military service, is determined by federal laws and other regulatory legal acts of the Russian Federation. In particular, the Rules for accounting for military personnel subject to dismissal from military service, and citizens dismissed from military service in the reserve or in retirement and service in the internal affairs bodies who need to receive residential premises or improve housing conditions in their chosen permanent place of residence, approved by Decree of the Government of the Russian Federation No. 1054 of September 6, 1998.

THE LAW IS ON YOUR SIDE

In the Armed Forces since 1976. I am married and have two daughters born in 1981 and 1984. In 1987, he received a two-room apartment with a living area of 27.9 sq. m (total area of 44.24 sq. m). m) in a separate military camp. In the same year, he wrote a report on improving housing conditions. In March 1998, I submitted documents to the Volgograd KECH for computer registration in order to expand or obtain a housing certificate. However, I was denied a solution to my problem. The refusal was motivated by the existing decree of the Volgograd Administration No. 293 of 26.10.1992, which states that a serviceman who has a living area of less than 6 square meters per person can apply for improving housing conditions.

However, according to the Federal Law "On the Status of Military Personnel", a serviceman who has served for 10 years or more cannot be dismissed from military service after reaching the age limit for military service, for health reasons, or in connection with organizational and regular activities without providing him and his family members with residential premises in accordance with the norms established by law. And according to the order of the administration of the Volgograd region No. 947R of 7.12.1993 "On establishing the social norm of housing in cities and settlements of the Volgograd region", 20 square meters of housing were installed. m of total area per person plus 10 sq. m. m per family.

Please explain what I should do in this situation.

Sincerely, Major Anatoly GARBUZ.

Volgograd

In response to your question, I would like to refer to paragraph 1 of Article 15 of the Federal Law "On the Status of Military Personnel", which implies that " military personnel serving under a contract during their military service have the right to improve their housing conditions, taking into account the norms, priority and benefits established by federal laws and regulations. other regulatory legal acts of the Russian Federation".

Therefore, the answer in this case is contained in Article 29 of the Housing Code of the RSFSR, which establishes that citizens who are provided with living space per family member below the limit of the social norm of the total area of residential premises established by the legislation of the Russian Federation and executive authorities of the constituent entities of the Russian Federation are recognized as in need of improving housing conditions.

The same norm is also set out in the Rules for Accounting for military personnel subject to dismissal from military service, and citizens dismissed from military service in the reserve or retired from service in the internal affairs bodies who need to receive housing or improve housing conditions in their chosen permanent place of Residence, approved by the decree of the Government of the Russian Federation of September 6, 1998 N 1054.

In addition, these Rules indicate that those in need of better housing conditions are military personnel living in separate military camps.

From your letter, it is clear that in accordance with the order of the administration of the Volgograd region No. 947R of December 7, 1993, it is established that citizens with less than 20 square meters of land are in need. m of total area for one person and an additional 10 sq. m. m per family.

Therefore, based on the fact that your family, consisting of 4 people, lives in a two-room apartment with a total area of 44.24 square meters.m, the answer to your question is as follows: you can be registered as in need of improved housing conditions.

And in conclusion, I would like to say that this is also the position of the Military Collegium of the Supreme Court of the Russian Federation, which in its ruling of October 7, 1997 N bn-208/97 indicated that "a serviceman who has served in the Armed Forces for more than 20 years cannot be dismissed from military service without providing him and his family members with housing premises according to the norms established by the legislation".

NO FINANCIAL ASSISTANCE IS PROVIDED

Captain Sergey Ivanovich Kolkov, a serviceman of the Russian Armed Forces, is writing to you. In 1995, I received from my unit (self-supporting industrial complex GUS MO) a one-room apartment in a residential military town. In 1996, I exchanged it for a two-room apartment in the same town with an additional payment of 10 million non-denominated rubles. Do I have the right, based on the order of the Minister of Defense No. 150 of 21.04.97, to receive gratuitous financial assistance for the purchase of additional living space, that is, will these 10 million rubles be paid for me or not? And what is the mechanism of payment of these funds?

Sincerely, Captain Sergey Kolkov.

Trudovaya street address

Moscow Region

It follows from your letter that you have violated the procedure for improving housing conditions established by law.

In accordance with the Instruction on the procedure for providing military personnel with gratuitous financial assistance for the construction (purchase) of housing, put into effect by Order of the Minister of Defense No. 150 of 1997, gratuitous financial assistance for the construction (purchase) of housing is provided to military personnel who are registered as those in need of improving housing conditions at the place of military service and have enteredhousing and construction (housing) cooperatives or those engaged in the construction (purchase) of an individual residential building at the place of military service or their chosen permanent place of residence in another locality, in accordance with the current legislation, only once in the order of priority, taking into account the time of registration of those in need of improving housing conditions.

Another important condition of this situation is the size of the occupied apartment, since gratuitous financial assistance is provided within the social norm of the housing area established by the subjects of the Russian Federation, taking into account additional living space or an additional room provided in accordance with current legislation to certain categories of military personnel.

If the living space exceeds the social norm of the housing area, taking into account the additional living space provided in accordance with the current legislation to certain categories of military personnel, it is paid for by military personnel.

And, finally, the third condition under which you could qualify for receiving gratuitous financial assistance. As an owner of housing and at the same time in need of better housing conditions, you could receive gratuitous assistance only in terms of paying for the area that is missing up to the social norm of housing area, taking into account additional living space provided in accordance with current legislation to certain categories of military personnel, or subject to the transfer of ownership of these residential premises to the housing maintenance bodies of the Ministry of Defense Of the Russian Federation in the amount of 75 percent of the cost of residential premises belonging to housing and construction (housing) cooperatives, or the cost of construction (purchase) of individual residential buildings in this region.

Since none of these conditions apply in your case, you will not receive any gratuitous financial assistance.

IF THERE ARE NO AVAILABLE PLACES IN THE HOSTEL

Please explain the procedure for paying monthly monetary compensation for renting (subletting) housing in accordance with the order of the Minister of Defense of the Russian Federation No. 150 on a specific example.

Until October 1996, he received monetary compensation for subletting housing for a family of four. Then the payment was stopped on the grounds that I must live in a hostel that has free places. In February 1996, I applied for accommodation with my family in a hostel, but there were no places there, which is recorded in the certificate signed by the head of the hostel. After that I rented an apartment for 3 years,

Do I have the right to receive monetary compensation for sublease of housing?

Major Sergey SHEMYAKIN.

Tiraspol, Republic of Moldova

In accordance with clause 3 of Article 15 of the Federal Law "On the Status of Military Personnel", military personnel undergoing military service under a contract and their family members who have arrived at a new place of service, before receiving residential premises in accordance with the norms established by federal laws and other regulatory legal acts of the Russian Federation, are registered at their place of residence, including at their request at the addresses of military units. The specified military personnel and their family members are provided with service living quarters suitable for temporary residence or dormitories prior to receiving residential premises.

In the absence of these residential premises, military units rent residential premises for military personnel and their family members living together with them, or, at the request of military personnel, pay them monthly monetary compensation for renting (subleasing) residential premises in accordance with the procedure and amounts determined by the Government of the Russian Federation.

Since initially there were no available places in the hostel, you were refused to provide premises, and you had the right to independently conclude a lease agreement (sublease) of residential premises and apply at the place of military service for monetary compensation under the concluded contract in full accordance with paragraph 2 of paragraph 3 of Article 15 of the Law. Subsequently, the military unit received housing, and you were given the opportunity to move into a hostel, that is, the provision established by paragraph 1 of the said Article of the Law became effective, and in this case you lose the right to receive monetary compensation, since you are considered a person who was provided with residential premises in the hostel. This procedure is established by Law and specified in the Instructions on the procedure for paying military personnel monthly monetary compensation for renting (subletting) residential premises, introduced by Order of the Minister of Defense of the Russian Federation No. 150 of 1997. Payment of monetary compensation to military personnel is made from the date of hiring (subleasing) residential premises after arrival at the place of military service and is terminated from the date of providing the serviceman with residential space in accordance with the established procedure. The housing commission of a military unit submits to the financial and economic authority a copy of the document that is the basis for moving a serviceman into a residential building on the provision of living space to a serviceman.

HOW DO I GET OUT OF LATVIA?

I, Major Andrey Fridrikhovich Kenzin, am serving in the Volga Military District and have a total service record of over 27 years. In 1994, together with a military unit located in a separate military town, where I and my family (3 people) occupied a separate service 2-room apartment, I was relocated from the Northwestern Military District (Republic of Latvia) to the Volga Military District, where the unit was reorganized, and I was assigned to an equivalent position in Tolyatti,

Currently, I do not have my own housing and live in the hostel of SSPTU No. 59 in Tolyatti, from which we, military personnel, have long been threatened with eviction.

7. What benefits do military personnel and their families withdrawn from the Baltic States enjoy when obtaining housing?

2. Do I have the right to demand, as I do not have my own housing at the former place of service, to put me on the waiting list for receiving living space in the unit in which I am currently serving, from the moment I am enlisted in the lists of the unit from the previous place of service, based on Article 5 of the Law of the Russian Federation "On Additional Guarantees and Compensations for Military Personnel military service on the territory of the Transcaucasian and Baltic states...99?

Major Andrey KENZIN.

Tolyatti city

Military personnel withdrawn from the territory of the Baltic States are provided with the same housing benefits as all military personnel of the Armed Forces of the Russian Federation serving under contract. In addition, it is necessary to recall the operation of the Federal Law" On Ratification of the Agreement between the Government of the Russian Federation and the Government of the Kingdom of Norway on the construction of housing for military personnel withdrawn from the Baltic States " N102-FZ

dated June 21, 1996. According to this Agreement, the Norwegian side has allocated 40 million Norwegian kroner for the construction of housing in the town of Luga, Leningrad region, for military personnel withdrawn from the Republics of Estonia and Latvia, with the exemption of the necessary material resources and equipment from customs duties and taxes.

As for the second issue, Article 5 of the Law of the Russian Federation mentioned by you provides that for military personnel serving under contract in the territory of the Transcaucasian, Baltic and Tajik states, residential space is reserved for the entire duration of their military service in these states, and for those who do not have residential space, the priority is maintained at the place of former service.

Vadim LEVCHENKO, PhD in Law

THE TOTAL LENGTH OF MILITARY SERVICE is...

Many readers of Orientir are interested in the essence of the concept of "total duration of military service", which is given in the Federal Law of the Russian Federation "On the Status of Military Personnel" N 76-FZ of May 27, 1998.

We recommend that you pay attention to paragraph 2 of Article 10 of this Law, which implies that the total duration of military service is the total time of military service in calendar terms.

In the Federal Law "On the Status of Military Personnel", in addition to the identical concepts of" total duration of military service "and" total duration of military service in calendar terms", there is also a definition of"total duration of military service in preferential terms". This definition includes both calendar time and preferential rates.

Calendar and preferential calculation, as follows from the Law, are different concepts. Therefore, it is necessary to carefully monitor in which norm of the Federal Law "On the Status of Military Personnel" there is a reference to the preferential type of calculation of seniority, and in which it is only about the total duration of military service, that is, in calendar terms.

Captain of the 3rd rank Mikhail SEVASTYANOV

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