The order of reference to the service residential. What are the rules for classifying residential premises as specialized housing stock? I

About how not to be evicted from the official living quarters, and what needs to be done for this - now such questions are being asked to me all the time. The Ministry of Defense of the Russian Federation continues to methodically bring eviction claims against citizens who, by the will of circumstances, at various times became tenants of service apartments.

Basically, candidates for eviction in this category of cases are:

• former employees of the civilian personnel of the Ministry of Defense of the Russian Federation, who were provided with official housing for the period of work in military units and organizations of the Ministry of Defense of the Russian Federation;
• ex-military personnel retired from military service not on “preferential grounds”, i.e. not by the age limit, illness, or organizational and staff measures (OSHM), who at the time of dismissal had a length of service of 20 years or more,
• military personnel dismissed on preferential grounds, but whose length of service is less than 10 years;
• former members of the families of military personnel who remained to live in service housing after the dissolution of the marriage;
• employees of civilian personnel, both those who are in labor relations with the Ministry of Defense of the Russian Federation, and those who were dismissed, but who were provided with official housing not in statutory order (for example, by decision of the command with the consent of the housing authorities).

But if with the eviction of the citizens indicated in the last paragraphs, the applicants of claims in court have almost no problems, then with other categories it is more difficult. Until a certain point, in most cases, the courts refused to satisfy the claim.

But today, when I analyze the results of the past year, I note with regret that there has been a breakthrough in cases of eviction from service housing, and it is not in favor of citizens.

Behind last year The Supreme Court of the Russian Federation has adopted decisions in which it has successfully overcome (I can't think of another word) two classic grounds for dismissing claims for eviction from corporate housing. The adoption of such decisions will certainly help the RF Ministry of Defense to fulfill the program for providing servicemen with service housing, which I mentioned in. But how many citizens will actually be put on the street?

Now about the decisions themselves.
1. One of the grounds for refusing to satisfy the demands for eviction from official housing was the plaintiff's missed deadline limitation period which was applied at the request of the defendant. If there was such a basis, the courts unequivocally dismissed the claim, without even examining other evidence that could also lead to the dismissal of the claim.

At the same time, the courts referred to paragraph 9 of the Decree of the Plenum of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 “On some issues that have arisen in judicial practice when applying Housing Code RF".
“If disputed housing relations, one of the grounds for the occurrence of which is a contract (for example, a contract social recruitment residential premises, lease agreement for specialized residential premises, sublease agreement for residential premises, agreement on moving in and use of residential premises by a family member of the owner of residential premises, etc.), the general three-year limitation period is applied "() Thus, in the event of a dispute, it was necessary to find out how the citizen received an apartment (whether a warrant was issued, whether a contract for hiring official housing was concluded) and the date when the employment relationship with the organization that provided the housing ceased. If more than three years have passed since the dismissal, then one could safely declare that the plaintiff missed the statute of limitations for going to court.

At the same time, based on the content, it was assumed that the beginning of the limitation period begins from the day the employee was dismissed. The rights of the owner of the office dwelling were considered violated precisely from the day the employment relationship with the employee was terminated, since, “from the indicated moment, the contract for renting the office dwelling is considered terminated, and the landlord has the right to demand the eviction of the defendant and members of his family from the illegally occupied apartment.”

This interpretation remained unchanged until September 16, 2016, when the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, in its ruling of August 2, 2016 No. 56-KG16-10, (and later in its other rulings, for example: No. 56-KG16-13, dated 04.10.2016 No. 56-KG16-17) recognized the refusal of the claim solely on the grounds of missing the limitation period as not in accordance with the law.

The Judicial Collegium of the RF Armed Forces motivated its decision as follows:
“In accordance with the contract for the employment of office premises, it is concluded for the period of labor relations, service, or ... or in an elective position. Termination of employment ... as well as dismissal from service is the basis for terminating the contract of employment of office premises.
According to Part 1, in cases of termination or termination of contracts for the rental of specialized residential premises, citizens must vacate the residential premises that they occupied under these contracts. In case of refusal to vacate such living quarters, these citizens are subject to eviction to judicial order without providing other residential premises, except for the cases provided for in Part 2 of Article 102 and Part 2
“termination of employment relations with the employer who provided the accommodation, serves only as a basis to terminate the contract of employment of office premises, but does not entail automatic termination of the contract at the time of dismissal of the employee. The contract for the rental of office premises remains valid until its voluntary release by the tenant, in case of refusal of which the citizen is subject to eviction in court with the termination of rights and obligations in relation to the occupied housing.
And since the legal relations that have arisen between the parties, regulated by the norms of housing legislation, are of a lasting nature, the contract for hiring office premises does not terminate, therefore, there are grounds for calculating the limitation period from the date of dismissal of the citizen, as well as the application of the limitation period in the dispute under consideration, there is no court."
There have already been enough such decisions by the Supreme Court. This indicates that the practice on this issue of the Armed Forces of the Russian Federation has been formed and changes should not be expected.
The consequences of these decisions, I think, are obvious. The opportunities for eviction of citizens from officials of the Ministry of Defense of the Russian Federation, as well as from other renters of official housing, grow many times, for the defendants - tenants of official apartments, respectively, decrease.

2. Another decision that introduces a fundamentally new approach to judicial practice on eviction from corporate housing is the decision of the Judicial Collegium for Civil Cases of the Armed Forces of the Russian Federation dated January 26, 2016 No. 41-KG15-32 on a similar civil dispute on eviction.

The Housing Code of the Russian Federation allows the use of residential premises as specialized only after classifying such premises as specialized housing stock in compliance with the requirements and in the manner established by the Government of the Russian Federation. (). The procedure for classifying residential premises as specialized housing stock is contained in the Rules approved by Decree of the Government of the Russian Federation of January 26, 2006 No. 42. Until 2005, residential premises became official by decision of the local government.
Therefore, in a dispute about eviction, the defendant filed a counterclaim (in the described case - separately), for example, on the recognition of ownership of an apartment, or on the recognition of a dwelling as having lost the status of a service dwelling and the recognition of the right to use the dwelling on the terms of social hiring. The court, in the event of violations of the order of attribution, satisfied the stated requirements.
However, this seemingly "reinforced concrete" argument was also successfully overcome by the Supreme Court.
Cassation ruling of the Supreme Court of the Russian Federation dated January 26, 2016 No. 41-KG15-32
Citizen M. filed a counterclaim against the Ministry of Defense of the Russian Federation to recognize her ownership of the disputed apartment, referring to the fact that this residential premises in the prescribed manner not recognized as official, and its use is allowed only after the assignment of such premises to a specialized housing stock in the prescribed manner. “By refusing to satisfy the claim of the Ministry of Defense of the Russian Federation, the courts proceeded from the fact that the plaintiff violated the procedure for classifying the disputed residential premises as official, which excludes the possibility of applying the legal norms governing legal relations arising in connection with the use of official residential premises in resolving the dispute. That's why disputed apartment actually provided under a social contract of employment.
“At the same time, “any provisions that allow, in the event of a violation of the procedure for classifying residential premises as specialized housing stock, to attribute such residential premises to the housing fund for social use and recognize citizens living in such residential premises on the basis of a contract for renting office premises, the right to use it under the terms of a social contract of employment, the legislation does not contain. Challenging the official status of an apartment is now exclusively this reason is not possible. In the current legislation, there is no liability for violation of the procedure for classifying residential premises in the category of “service”.
Even if the court of first instance dismisses the claim, representatives of the Ministry of Defense of the Russian Federation always have the opportunity to appeal against this decision up to the Supreme Court of the Russian Federation, which they are currently doing very successfully.

Fortunately, the arsenal of protection against eviction has not yet been completely depleted. Protection methods and others possible options behavior in a situation where a citizen is trying to be evicted from office apartment- the topic of the next post.

Added: 19:56 06/09/2017

At present, the position of the Supreme Court of the Russian Federation regarding the application of the limitation period to the relationship of eviction from the office premises has been officially confirmed. In paragraph 13 of the Review judicial practice Supreme Court Russian Federation No. 2 (2017)”, approved by the Presidium of the Supreme Court of the Russian Federation on April 26, 2017, the section “Resolution of disputes related to housing relations” describes exactly the same situation as described in the article. And now the courts have every reason to refer to this paragraph of the decision of the Plenum of the Supreme Court of the Russian Federation in support of the decision.

Specialized housing stock is a set of premises that are intended for living certain categories citizens and are provided from the state or municipal housing stock according to certain rules (clause 2, part 3, article 19 of the LC RF). The specialized housing stock includes the following types residential premises (part 1 of article 92 of the LC RF):
1) service living quarters;
2) living quarters in dormitories;
3) living quarters of the mobile fund;
4) living quarters in the houses of the system of social services for citizens;
5) living quarters of the fund for temporary settlement of forced migrants;
6) living quarters of the fund for temporary accommodation of persons recognized as refugees;
7) living quarters for social protection certain categories of citizens;
8) living quarters for orphans and children left without parental care, persons from among orphans and children left without parental care.
At the same time, such premises must be classified as a specialized housing stock by order of either the federal executive authority (if the housing is state-owned) or the local authority (if the housing is municipal) and can be used for its intended purpose only after that (part 2 of article 92 of the RF LC; paragraphs 12, 15 of the Rules for classifying residential premises as a specialized housing stock, approved by Decree of the Government of the Russian Federation of January 26, 2006 N 42).
Attribution of residential premises to specialized housing stock is not allowed if they are occupied under contracts of social tenancy, rental of residential premises, state or municipally owned housing stock for commercial use, lease, and also if they have encumbrances on the rights to this property.
Residential premises classified as specialized housing stock must be suitable for permanent residence citizens, well-maintained in relation to the conditions of the respective locality (clauses 3 and 4 of Rules No. 42).
The procedure for including residential premises in the specialized housing stock or exclusion from it may also be regulated regulations ministries and departments to which these residential premises are assigned (clauses 5, 6 of the Procedure, approved by Order of the Ministry of Finance of Russia dated 06.28.2013 N 64n).
Applied to various types residential premises of a specialized housing stock, the rules for attributing residential premises to this fund are as follows.
1. Service living quarters
Service living quarters are intended for the residence of citizens in connection with the nature of their labor relations with the authorities state power, local government, state or municipal enterprises and institutions.
Service housing includes individual apartments. At the same time, in apartment building all living quarters or a part of them can be used as office premises. It is not allowed to allocate separate rooms for service housing in apartments in which other owners and (or) tenants of residential premises live (Article 93 of the Housing Code of the Russian Federation; clause 5 of Rules No. 42).
So, for example, employees Investigative Committee are provided with housing by providing them, among other things, with official housing (part 22 of article 35 of the Law of December 28, 2010 N 403-FZ).
2. Living quarters in dormitories
Residential premises in dormitories are intended for temporary residence of citizens during their work, service or training.
Dormitories include houses or parts of houses specially built or converted for this purpose, premises equipped with furniture and other items necessary for living. For one person living in a hostel, there must be at least 6 square meters. m of living space (Article 94 of the Housing Code of the Russian Federation; clause 6 of Rules No. 42).
So, for example, an internal affairs officer who does not have housing in the locality at the place of service, and members of his family living together with him, may be provided with official housing (when an employee is transferred to a new duty station in another locality) or living quarters in a hostel (Article 8 of the Law of July 19, 2011 N 247-FZ).
3. Living quarters of the maneuverable fund
The residential premises of this fund are used for temporary accommodation of citizens living under social tenancy agreements in houses subject to overhaul or reconstruction; citizens whose only living quarters have become uninhabitable as a result of emergency circumstances, as well as citizens who have lost their only living quarters acquired at the expense of a loan or target loan as a result of foreclosure on them.
Residential premises of the mobile fund are also provided to citizens at the rate of at least 6 sq. m. m of living space per person (Article 95 of the Housing Code of the Russian Federation; clause 7 of Rules No. 42).
4. Houses of the social service system and residential premises for social protection of certain categories of citizens
Living quarters in them are intended for citizens who are recipients of social services and are recognized as in need of social services and special social protection.
The houses of the social service system include specially constructed or converted buildings equipped with the equipment necessary to ensure the life and safety of citizens. They provide special premises for medical, psychological and social events, feasible labor activity.
The provision of residential premises for the social protection of certain categories of citizens is carried out under contracts free use(Articles 96, 98 of the LC RF; clauses 8, 11 of Rules No. 42).
5. Living quarters for temporary settlement of internally displaced persons and refugees
Residential premises for temporary settlement of internally displaced persons and refugees are under operational management territorial authority Ministry of Internal Affairs of Russia and are provided to internally displaced persons and refugees on a first-come, first-served basis at the rate of at least 6 sq. m of living space per person (Article 97 of the Housing Code of the Russian Federation; clauses 9, 10 of Rules No. 42; clause 4 of Article 11 of the Law of February 19, 1993 N 4528-1; clauses 1, 5 of Article 11 Law No. 4530-1 of February 19, 1993; Clause 9 of the Rules approved by Decree of the Government of the Russian Federation No. 1194 of November 15, 2016; Clause 1 of the Regulations approved by Decree of the President of the Russian Federation No. 699 of December 21, 2016).
6. Living quarters for orphans and children left without parental care, and for persons from among them
Residential premises are provided by local authorities to persons in this category who have reached the age of 18 under contracts for the rental of specialized residential premises (Article 98.1 of the Housing Code of the Russian Federation; Article 8 of the Law of December 21, 1996 N 159-FZ).

Appendix

APPROVED

administration decision

POSITION

on the procedure for assigning residential premises

to specialized housing stock and exclusion from it

1. General provisions

1.1. This Regulation was developed on the basis of Articles 14, 92-106 of the Housing Code of the Russian Federation, Decree of the Government of the Russian Federation dated January 26, 2006 No. 42 “On Approval of the Rules for Classifying Residential Premises as a Specialized Housing Stock and Model Contracts for Hiring Specialized Residential Premises”, decisions of the Duma of Artemovsky of the city district of October 27, 2011 No. 000 "On the Regulations on the municipal specialized housing stock of the Artemovsky city district" and establishes the rules and requirements for classifying residential premises of the municipal housing stock as a specialized housing stock of the Artemovsky city district.

1.2. The specialized housing stock of the Artemovsky city district is understood as a set of residential premises owned by the municipality of the Artemovsky city district, which, in the manner prescribed by this Regulation, are classified as a specialized housing stock and are intended for the residence of certain categories of citizens established by the current housing legislation.

1.3. The municipal specialized housing stock of the Artemovsky city district is formed from the number of residential premises of the municipal housing stock of the Artemovsky city district:

acquired under civil law transactions;

received by the municipal property of the Artemovsky urban district on the basis of court decisions;

exempt from the rights of third parties;

translated non-residential premises, which are in the municipal ownership of the Artemovsky city district, to the residential premises of the municipal housing stock of the Artemovsky city district;

accepted into municipal ownership from the property of public-law appeals;

referred, on other grounds established by the current legislation, to the municipal property of the Artemovsky urban district.

1.4. Attribution of residential premises to specialized housing stock is not allowed if residential premises are occupied under contracts of social tenancy, rental of residential premises, which is in state or municipal ownership of housing stock for commercial use, lease, and also if there are encumbrances of rights to this property. Residential premises classified as specialized housing stock must be suitable for permanent residence of citizens. Under a specialized housing stock in an apartment building, both all the living quarters of the house and part of the living quarters can be used.

1.5. Service living quarters include separate comfortable apartments. It is not allowed to allocate rooms for service living quarters in apartments in which several tenants and (or) owners of residential premises live.

1.6. Hostels include houses or parts of houses specially built or converted for this purpose, premises equipped with furniture and other items necessary for citizens to live. Living quarters in a hostel are provided to citizens at the rate of at least 6 sq. meters of floor space per person.

1.7. The maneuvering fund may consist of apartment buildings, as well as apartments and other residential premises, if necessary, equipped with furniture and other items necessary for the residence of citizens. Residential premises of the mobile fund are provided to citizens at the rate of at least 6 sq. meters of floor space per person.

1.8. The inclusion of residential premises in a specialized housing stock with the attribution of such premises to a certain type of municipal specialized residential premises and the exclusion of residential premises from the specified fund is carried out on the basis of decisions taken by the commission on housing issues under the administration of the Artemovsky city district (hereinafter referred to as the commission) and approved by the decree of the administration of the Artemovsky city district.

1.9. Refusal to classify a dwelling as a certain type of specialized housing stock of the Artemovsky urban district is allowed in case of non-compliance of the dwelling with the requirements for this type of dwelling.

2. The procedure for classifying residential premises as a specialized housing stock

2.1. The Department of Municipal Property of the Administration of the Artemovsky City District carries out actions to register residential premises as municipal property and includes it in the register of municipal property.

2.2. The municipal state institution "Department for accounting and maintenance of the municipal housing stock" of the Artemovsky city district (hereinafter referred to as the Institution), conducts a survey and draws up an act of the technical condition of the dwelling, collects the necessary documents.

2.3. If repairs are needed surveyed residential premises technical condition report is sent to the department of life support and improvement of the administration of the Artemovsky urban district for a decision.

2.4. EU whether the repair of the residential premises is not required, the act of technical condition is sent to the interdepartmental commission approved by the order of the administration of the Artemovsky city district -ra "On amending the order of the administration of the Artemovsky city district of 01.01.2001 No. 346-ra" On the approval of the interdepartmental commission for the assessment of residential premises of the municipal housing stock and the recognition of residential premises as suitable (unsuitable) for living, and apartment building emergency and subject to demolition or reconstruction”, to resolve issues in accordance with the Government Decree “On approval of the Regulations on the recognition of premises as residential premises, residential premises unsuitable for habitation and an apartment building as emergency and subject to demolition or reconstruction” (as amended on 01/01/2001) , in the form of a conclusion on the conformity of the residential premises with the requirements for residential premises of a specialized housing stock. After drawing up a conclusion on the compliance of the residential premises with the requirements for it, it is sent to the Institution.

2.5. To resolve the issue of attributing residential premises to a certain type of residential premises of a specialized fund or exclusion from it, the Institution sends to the commission:

an application for classifying a dwelling as a certain type of residential premises of a specialized housing stock;

a document confirming the ownership or right economic management or operational management of the dwelling;

technical documentation of the dwelling;

conclusion on the conformity of the premises with the requirements for it.

This application is considered by the commission.

2.6. The decision of the commission, approved by the resolution of the administration of the Artemovsky city district, is sent to the municipal property department of the administration of the Artemovsky city district for making additions and (or) changes to the register of municipal property.

2.7. When making a decision to classify a dwelling as a specialized dwelling, the municipal property department of the administration of the Artemovsky urban district submits documents to the Artemovsky department of the Office within ten working days Federal Service state registration cadastre and cartography for the Primorsky Territory to register the status of a specialized dwelling.

2.8. The use of a dwelling as a specialized dwelling is allowed only after the assignment of the dwelling to a certain type of specialized dwelling in the manner prescribed by this Regulation.

2.9. The provision of residential premises of specialized housing stock to citizens under contracts for the rental of specialized residential premises is carried out by the administration of the Artemovsky urban district in the prescribed manner.

3. The procedure for the transfer of residential premises from one type to another and the exclusion of residential premises from the specialized housing stock

3.1. The decision on the transfer of residential premises from one type of specialized housing stock to another or the exclusion of residential premises from the specialized housing stock is made by the commission and approved by the decision of the administration of the Artemovsky urban district within 30 days from the date of receipt of the documents specified in clause 2.5 of this Regulation.

3.2. In the event that residential premises of a specialized housing stock are recognized in accordance with the Regulation on the recognition of premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition or reconstruction, as well as in other cases provided for by the legislation of the Russian Federation, the administration of the Artemovsky city district excludes such residential premises from the specialized housing stock of the Artemovsky urban district.

On the approval of the Procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the basis of the right of operational management, into a specialized housing stock with reference to official residential ...

MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

ORDER

On approval of the procedure for including residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the right of operational management, into the specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for providing official residential premises in the Ministry Finance of the Russian Federation

Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, 04/19/2018, N 0001201804190029).
____________________________________________________________________

In order to implement the provisions of the Housing Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, Art. 5498; 2007, N 1, Art. 13, 14, 21; N 43, item 5084; 2008, N 17, item 1756; N 20, item 2251; N 30, item 3616; 2009, N 23, item 2776; N 39, item 4542; N 48 , item 5711; N 51, item 6153; 2010, N 19, item 2278; N 31, item 4206; N 49, item 6424; 2011, N 23, item 3263; N 30, item 4590 ; N 49, art. 7027, 7061; N 50, art. 7337, 7343, 7359; 2012, N 10, art. 1163; N 14, art. 1552; N 24, art. ; N 27, art. 3587; N 31, art. 4322; N 53, art. 7596; 2013, N 14, art. on disposal of residential premises of the housing stock of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2010, N 13, art. 1511),

I order:

1. Approve the attached Procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the right of operational management, in a specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for providing official residential premises at the Ministry of Finance of the Russian Federation.

2. The Administrative Department (V.I. Brodsky) to carry out organizational and technical measures related to the provision of official residential premises in the Ministry of Finance of Russia.
by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n.

3. To impose control over the execution of this order on the Deputy Minister of Finance of the Russian Federation A.O. Kotyakov.
(Paragraph as amended, put into effect on April 30, 2018 by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n.

Minister
A. Siluanov

Registered
at the Ministry of Justice
Russian Federation
July 12, 2013
registration N 29044

The procedure for including residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the right of operational management, into the specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for providing official residential premises in the Ministry of Finance of the Russian Federation Federations

I. General provisions

1. This Procedure was developed in accordance with the Housing Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, Art. 5498; 2007, N 1, Art. 13, 14, 21; N 43, article 5084; 2008, N 17, article 1756; N 20, article 2251; N 30, article 3616; 2009, N 23, article 2776; N 39, art. 4542; N 48, item 5711; N 51, item 6153; 2010, N 19, item 2278; N 31, item 4206; N 49, item 6424; 2011, N 23, item 3263; N 30 , item 4590; N 49, item 7027, 7061; N 50, item 7337, 7343, 7359; 2012, N 10, item 1163; N 14, item 1552; N 24, item 3072; N 26 , art. 3446; N 27, art. 3587; N 31 art. 4322; N 53, art. 7596; 2013, N 14, art. executive authorities for the disposal of residential premises of the housing stock of the Russian Federation "(Collected Legislation of the Russian Federation, 2010, N 13, Art. 1511), and determines the procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Minister by the Ministry of Finance of the Russian Federation on the right of operational management, into a specialized housing stock (hereinafter referred to as the specialized housing stock of the Ministry of Finance of Russia), the procedure for excluding residential premises from this fund, as well as the procedure for providing residential premises of the specialized housing stock of the Ministry of Finance of Russia for use by state civil servants of the Ministry of Finance of Russia.

2. The specialized housing stock of the Ministry of Finance of Russia consists of official residential premises (hereinafter - official residential premises of the Ministry of Finance of Russia).

3. Official residential premises of the Ministry of Finance of Russia are provided for use by civil servants of the Ministry of Finance of Russia who are not provided with residential premises at the place of passage of the state civil service in the manner prescribed by the legislation of the Russian Federation and this Procedure.

4. Office premises of the Ministry of Finance of Russia are not subject to alienation, lease, lease, except for the transfer of such premises under lease agreements provided for in Section IV of the Housing Code of the Russian Federation and this Procedure.

II. The procedure for the inclusion (exclusion) of residential premises in the specialized housing stock of the Ministry of Finance of Russia

5. Residential premises of the housing stock of the Russian Federation transferred to the Ministry of Finance of Russia for operational management are subject to inclusion in the specialized housing stock of the Ministry of Finance of Russia.

6. Inclusion in the specialized housing stock of the Ministry of Finance of Russia in accordance with paragraphs 4 and 5 of the Rules for classifying residential premises as specialized housing stock and standard contracts for the hiring of specialized residential premises, approved by Decree of the Government of the Russian Federation of 01.26.2006 N 42 (Collected Legislation of the Russian Federation, 2006 , N 6, Art. 697) (hereinafter referred to as the Rules) are subject to residential premises in the form separate apartment suitable for permanent residence of citizens (meeting the established sanitary and technical rules and standards, requirements fire safety, environmental and other requirements of the legislation), well-maintained in relation to the conditions of the city of Moscow.

7. The inclusion of the said residential premises in the specialized housing stock of the Ministry of Finance of Russia is not allowed if they are occupied under contracts of social tenancy, rental of residential premises, housing stock of commercial use owned by the Russian Federation, lease, and also if they have encumbrances on the rights to this property.

8. Decisions of the Ministry of Finance of Russia on the inclusion of residential premises in the specialized housing stock of the Ministry of Finance of Russia with the attribution of residential premises to the official residential premises of the Ministry of Finance of Russia, on the exclusion of residential premises from the specified fund are made on the basis of the following documents provided for in clause 13 of the Rules:

- application of the Administrative Department on the inclusion of residential premises in the specialized housing stock of the Ministry of Finance of Russia addressed to the Minister of Finance of the Russian Federation;

- a document confirming the right of operational management of the dwelling;

- technical certificate living quarters;

- Conclusion on the conformity of the premises with the requirements for it.

9. Attribution of residential premises to official residential premises of the specialized housing stock of the Ministry of Finance of Russia (exclusion of official residential premises from the specialized housing stock of the Ministry of Finance of Russia) is carried out in accordance with the Rules.

10. In the event that the official residential premises of the Ministry of Finance of Russia are recognized in accordance with the Regulations on the recognition of premises as residential premises, residential premises unfit for habitation and an apartment building as emergency and subject to demolition or reconstruction, approved by Decree of the Government of the Russian Federation of 01.28.2006 N 47 (Collection of Legislation of the Russian Federation, 2006, N 6, Art. 702; 2007, N 32, Art. 4152; 2013, N 15, Art. specialized housing stock of the Ministry of Finance of Russia.

11. Decisions on the inclusion of residential premises in the specialized housing stock of the Ministry of Finance of Russia, with the attribution of such premises to official residential premises, on the exclusion of residential premises from the said fund, are drawn up by order of the Ministry of Finance of Russia, prepared by the Administrative Department.

12. In accordance with paragraph 14 of the Rules, the decisions specified in paragraph 11 of this Procedure, within 3 days from the date of their adoption, are sent by the Administrative Department to the body that registers the rights to real estate and transactions with him in the city of Moscow.

III. The procedure for providing official residential premises in the Ministry of Finance of Russia

13. The provision and use of residential premises as a service is allowed only after such premises are assigned to the specialized housing stock of the Ministry of Finance of Russia in accordance with.

14. Office living quarters are provided to civil servants of the Ministry of Finance of Russia, who are not provided with living quarters in the city of Moscow, in connection with their passing the state civil service and filling the position of the state civil service in the Ministry of Finance of Russia.

Service living quarters are provided to civil servants of the Ministry of Finance of Russia for the period of their passage of state civil service in the Ministry of Finance of Russia, specified in the service contract for the passage of the state civil service.

15. The decision to provide office accommodation is made by the Minister of Finance of the Russian Federation and formalized by order of the Ministry of Finance of the Russian Federation.

16. To consider the issue and prepare proposals for the provision of official housing, state civil servants of the Ministry of Finance of Russia submit to the Administrative Department an application addressed to the Minister of Finance of the Russian Federation, to which the following documents are attached:

1) a petition addressed to the Minister of Finance of the Russian Federation:

a) the supervising Deputy Minister of Finance of the Russian Federation - in relation to civil servants of the Ministry of Finance of Russia replacing the positions of the state civil service of the category "heads" of the highest group of positions of the state civil service (with the exception of civil servants of the Ministry of Finance of Russia replacing the position of Deputy Minister of Finance of the Russian Federation);

b) the director of the department, in agreement with the supervising Deputy Minister of Finance of the Russian Federation - in relation to civil servants of the Ministry of Finance of Russia, replacing positions of the state civil service of other categories and groups of positions of the state civil service;

2) extracts from the Unified State Register of Real Estate on the absence of ownership of a state civil servant of the Ministry of Finance of Russia and members of his family of residential premises in the city of Moscow.

In the application, a state civil servant of the Ministry of Finance of Russia indicates, among other things, information on the composition of the family of a state civil servant of the Ministry of Finance of Russia, information on the number of citizens registered in a residential building (if registered at the place of residence), and the degree of their relationship, as well as information on the type and the nature of the dwelling (if there is registration at the place of residence).
(Clause 16 as amended, entered into force on April 30, 2018 by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n.

16.1. Verification of the completeness and reliability of the information specified in the application by civil servants of the Ministry of Finance of Russia is carried out by the Administrative Department by sending requests to the authorized bodies.
(The paragraph was additionally included from April 30, 2018 by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n)

17. The contract for the rental of office premises is concluded between the Ministry of Finance of Russia (Landlord) and a civil servant of the Ministry of Finance of Russia (Tenant) on the basis of an order of the Ministry of Finance of Russia in accordance with a standard contract approved by Decree of the Government of the Russian Federation dated January 26, 2006 N 42 "On approval of the Rules attributing residential premises to specialized housing stock and standard contracts for the rental of specialized residential premises.

18. The transfer (acceptance) of the office dwelling to the Tenant is carried out by the Administrative Department according to the act of acceptance and transfer and the technical condition of the office dwelling.

19. The use by the Tenant of the provided service residential premises is carried out in accordance with the Rules for the Use of Residential Premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25 (Collected Legislation of the Russian Federation, 2006, N 5, Art. 546), and other requirements established housing legislation of the Russian Federation.

20. Office living quarters are not subject to alienation, privatization, booking, exchange, sublease, reorganization and re-planning.

21. Termination of the contract for the employment of office premises is carried out on the grounds provided for in Article 102 of the Housing Code of the Russian Federation, as well as in the event of the Tenant's dismissal from the state civil service in the Ministry of Finance of Russia, with the exception of cases provided for in part 2 of Article 102,.

22. The contract for renting office accommodation may be terminated at any time by agreement of the parties.

The tenant of the service dwelling may at any time terminate the contract for the lease of the service dwelling.

The lease agreement for office premises may be terminated in court at the request of the Landlord if the Tenant and members of his family living together with him fail to fulfill obligations under the agreement for renting office premises, as well as in other cases provided for in Article 83 of the Housing Code of the Russian Federation.

23. In accordance with Part 1 of Article 103 of the Housing Code of the Russian Federation, in the event of termination or termination of the contract for the rental of office premises, the Tenant and members of his family must vacate the office premises that they occupied under this agreement. In case of refusal to vacate the office premises, the Tenant and members of his family living together with him are subject to eviction in court without the provision of other residential premises, with the exception of cases provided for by part 2 of article 102, part 2 of article 103 of the Housing Code of the Russian Federation.

24. When vacating the office dwelling, the Tenant is obliged to hand it over in proper condition according to the act of acceptance and transfer and the technical condition of the office dwelling with the provision of documents proving that there are no outstanding utility bills.



Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

On approval of the procedure for including residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the right of operational management, into the specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for providing official residential premises in the Ministry Finance of the Russian Federation (as amended as of March 28, 2018)