The right to additional living space for servicemen. Forum of Legal Mutual Assistance for Military Personnel

#housing #law #the rights of the military

By law Russian Empire early 20th century the company commander of the tsarist army, regardless of his marital status, was entitled to an apartment of two rooms (each room - at a rate of at least 30.5 square meter), senior officers up to the regiment commander - from three rooms, and the colonel - a five-room apartment, not counting the premises for servants and the kitchen * (1).

Almost from the very beginning of its existence, the Soviet state, having introduced into the legislation the right of its citizens to housing, creating a housing distribution system, at the same time provided that some persons have the right to receive housing in a larger amount than others, taking into account additional living space.

So, according to the Decree of the Council of People's Commissars (hereinafter - SNK) of the RSFSR "On measures for the correct distribution of dwellings among the working population" dated May 25, 1920 * (2), the housing and land departments and bodies of the housing and sanitary inspection were entrusted with considering issues of establishing norms of living space per person, they also had the right to make decisions on the eviction of citizens from their dwellings and on the compaction of dwellings. Paragraphs 6 and 7 of the said Decree established that the right to additional living space and a separate room is enjoyed by: a) according to the conclusion of the Medical Control Bureau, persons suffering from diseases requiring isolation: active tuberculosis, syphilis in an infectious stage, mental disorder, etc. .; b) individuals or categories of workers who need it for their professional activities.

It is useful to recall here that even V.I. Lenin, who by no means favored the intelligentsia and was not stingy with far from flattering expressions addressed to her, said, showing softness, that the Soviet government should provide the scientist with a separate room for scientific studies * (3).

According to Art. 50 of the Code of Laws on benefits and benefits for the military personnel of the Workers 'and Peasants' Red Army and the Workers 'and Peasants' Red Fleet of the USSR and their families of 1924 * (4) to all the highest command, highest administrative, highest political, highest medical and highest veterinary staff, and also, commanders and commissars of individual combatant military units, enjoying the rights of a regiment commander, were granted the right to an additional area of ​​20 square arshins with payment in a single amount.

A similar rule has been introduced in more new code on benefits for military personnel and those liable for military service of the Workers 'and Peasants' Red Army and their families of 1930 * (5) In accordance with clause 101 of the said Code, military personnel of the cadre commanding staff classified in the 9th and higher categories * (6), commanders and commissars individual military units, as well as teachers of military educational institutions in special military and military-political subjects, had the right to an additional room or additional living space.

The Decree of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR (hereinafter referred to as the All-Russian Central Executive Committee and the Council of People's Commissars) "On the right to use additional living space" dated February 28, 1930 streamlined and combined in one normative act the categories of those persons who have the right to additional living space. Here, the principle of determining persons entitled to additional living space has not changed dramatically, but has been slightly expanded: in addition to the sick and persons whose activities are largely related to work at home (and in government positions or in the public interest), this also includes a third category - these are persons whose past merits were recognized by the state (members of the society of old Bolsheviks, Heroes of the USSR and Heroes of Labor, personal pensioners, etc.).

Military personnel were also indicated in the Decree of the All-Russian Central Executive Committee and Council of People's Commissars of the RSFSR of February 28, 1930, who were also granted the right to additional living space. In the original version of the said document, the following categories of military personnel were listed: military personnel of the personnel commanding staff of the Red Army, assigned to the 9th category and above, commanders of individual military units, enjoying the rights of a regiment commander, persons of the political, administrative, medical and veterinary staff of the Red Army, under the indispensable condition that they perform official work at home according to their position (subparagraph "c" paragraph 1 of the said Resolution).

Let us note this important detail: here, the military personnel eligible for additional living space were not listed in full. Only those who received additional living space provided unambiguously - these are persons who have reached a high official position (commanders of military units, officials of the 9th category and above). But, besides them, the military personnel of the political, administrative and medical staff also had the right to additional living space, provided that they performed official work at home in accordance with their position.

In addition, by the Decree of the All-Russian Central Executive Committee and the Council of People's Commissars of November 1, 1934, persons awarded orders of the USSR or Union republics also received the right to additional living space.

Subsequently, other regulations on the rights and benefits of military personnel, including the right of certain categories of military personnel to additional living space, which consistently confirmed the right of colonels and senior officers, commanders of military units, military teachers and scientists to additional living space.

With the collapse of the USSR, the Russian Federation, firstly, acted as the legal successor of the USSR, and secondly, the Russian Federation, as a sovereign state, began to build its own system of legislation, including on benefits for military personnel.

According to Art. 1 of the Law of the RSFSR "On the operation of acts of the bodies of the Union of the SSR on the territory of the RSFSR" of October 24, 1990 N 263-I laws and other acts of higher bodies state power of the USSR, acts of the Council of Ministers of the USSR, ministries and departments of the USSR, adopted within the powers transferred by the Russian Federation Union SSR, act directly on the territory of the RSFSR.

By the time of the collapse of the USSR, the Decree of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR "On the right to use additional living space" of February 28, 1930 was not canceled and was applied in housing legal relations. This conclusion is confirmed and judicial practice, including the Supreme Court Russian Federation, in particular on housing disputes of military personnel * (7).

In addition, if the Government of the Russian Federation considered it necessary to invalidate the above Decree or recognize it as not valid on the territory of the Russian Federation, then it could do this by its own decree, as was done, for example, in 2012 in relation to the Decree of the All-Russian Central Executive Committee and the Council of People's Commissars RSFSR of May 3, 1923 * (8) However, this has not been done so far, therefore, the Government of the Russian Federation has not seen any contradictions of the above Decree of the All-Russian Central Executive Committee and the Council of People's Commissars of 1930 with the current legislation.

Taking into account all the changes and additions to this document, the right of military personnel to additional living space is recorded in it as follows:

The right to additional space is enjoyed by officers with the rank of colonel, equal to him or higher, both those who are in active military service, and those who have been transferred to the reserve or retired, as well as commanders of individual military units and teachers of military educational institutions for special military and military - political subjects (as amended by the Decree of the Council of Ministers of the RSFSR of July 2, 1981 N 364).

Practically without changes, the category of military personnel who were entitled to additional living space was duplicated in the Law of the Russian Federation "On the Status of Military Personnel" dated January 22, 1993 N 4338-I. Paragraph 7 of Art. 15 of this Law is given below on the left side of the table. And from the day this Law came into force (since January 1, 1993), military personnel entering military service under a contract (including cadets of military universities of that time) could count on the rights and benefits guaranteed by the above-mentioned Law.

Federal Law "On the status of military personnel" of May 27, 1998 N 76-FZ entered into force " backdating"- from January 1, 1998, at the same time the Law of the Russian Federation "On the Status of Military Personnel" of 1993 was declared invalid. In the Federal Law "On the Status of Military Personnel", the right to additional living space was set out as indicated in the middle column of the table.

Currently, the right of military personnel to additional living space is set out in Art. 15.1 federal law"On the status of military personnel" and sounds like it is indicated in the right column of the table.

So, what has changed in the right of military personnel to additional living space since the adoption of the first Russian law"On the status of military personnel" 1993 to the present?

At first glance, the rights of military personnel have not changed - Russian state still guarantees additional living space for the same categories of military personnel: those who have reached high ranks in the career ladder (colonels and above), military educators, military scientists, i.e. the category of persons having such a subjective right remained unchanged. However, if you carefully consider the wording of the current law, you can see that military personnel have additional difficulties in exercising their right to housing, taking into account additional meters of housing.

First, the very structure of the structure of the norm of the law on the right to additional living space for servicemen has changed. The 1993 Law spoke about the provision of additional living space to certain persons, the 1998 Law already speaks of the right to additional living space, but only at the stage of providing housing, including service housing.

Secondly, according to the latest version of the law, not all of the category of military personnel indicated in it, who have the right to additional living space, retain this right even after dismissal from military service on "preferential" grounds, but only for colonels and senior officers. The law does not say anything about the fact that military scientists, teachers and commanders of military units with the military rank of lieutenant colonel and below, upon dismissal, even on “preferential” grounds, retain this right, nothing is said in the law, although they were previously granted such a right.’

Comparison of the left and right columns of the above table - the original and final version of the law on the right to additional living space for military personnel - allows us to conclude that if a certain category of military personnel had this right both during the period of military service and after dismissal from it on "preferential" grounds, now the period of validity of this right is limited to the period from the moment of occupying the relevant position until the moment of dismissal from military service (or dismissal * (11)). But in any case, the new law reduced the period of validity of the right to additional living space for some citizens.

Really new law worsened legal status many defenders of the Fatherland? In particular, did he take away from a certain category of military personnel and former military personnel the right to additional living space, if they previously had such a right, but did not receive the housing due to them, again through the fault of the state? These citizens fully complied with the terms of the contract they concluded, but through no fault of their own, they were unable to realize their right to housing. So is there an obligation for the state to provide these military personnel with the social security which the state did not grant them when they were entitled to it? Or does the state have the right to refuse to implement the obligations it has previously assumed?

Recall that in accordance with Part 2 of Art. 55 of the Constitution of Russia in the Russian Federation should not be issued laws that abolish or diminish the rights and freedoms of man and citizen.

Here it is appropriate to cite the logic of the Constitutional Court of the Russian Federation, which considers federal laws on the federal budget that suspend the housing rights of dismissed military personnel for compliance with the Constitution of Russia * (12). I believe that the following position of the Constitutional Court of the Russian Federation can also be applied as a template to legal relations on changing the housing rights of discharged military personnel from the category of military teachers, scientists, commanders of military units in the military rank of lieutenant colonel and below.

The federal law "On the Status of Servicemen" provides for a number of state guarantees and compensation, including for those citizens who retire from military service after serving for a long time and do not have a home or need improvement living conditions. Thus, the state assumed the corresponding public law obligations in relation to citizens who leave military service and fulfilled the terms of the contract.

The federal legislator may amend previously established rules concerning the conditions for the emergence and procedure for exercising the right of servicemen to housing (including additional living space). However, when making such changes, the provisions of Art. 1, 2, 6 (part 2), art. 7, 15 (part 4), Art. 17 (part 1), art. 18, 19 and 55 (part 1) of the Constitution of Russia, from which it follows that in the Russian Federation, as a legal and social state, the exercise of human and civil rights and freedoms is based on the principles of justice and equality, as well as the requirements that in the Russian Federation laws should not be issued that abolish or detract from the rights and freedoms of a person and a citizen (Article 55, Part 2), and restriction of the rights and freedoms of a person and a citizen by federal law is allowed only to the extent necessary to protect the foundations of the constitutional order , morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state (Article 55, part 3).

A change by the legislator of previously established rules should be carried out in such a way that the principle of maintaining citizens' confidence in the law and the actions of the state is respected, which implies legal certainty, maintaining reasonable stability legal regulation, the inadmissibility of making arbitrary changes to the current system norms and predictability of legislative policy in social sphere, in particular on the issues of social security of military personnel. This is necessary so that the participants in the relevant legal relations can reasonably foresee the consequences of their behavior and be confident in the invariance of their officially recognized status, acquired rights, and the effectiveness of their state protection, i.e. that the right acquired by them on the basis of the current legislation will be respected by the authorities and will be implemented.

This legal position is of a general nature and should be taken into account by the federal legislator when making changes to the conditions for providing living space to servicemen leaving military service.

Thus, if the changes made to the legislation cancel the previously provided rights of citizens without equivalent compensation and without determining the legal mechanism for appropriate compensation, such changes, in essence, mean that the state, in violation of Art. 59 and 37 of the Constitution of the Russian Federation in unilaterally renounced its obligations that arose in specific legal relations from the previously existing regulation and law enforcement acts that resolved the issues of providing the above category of citizens with living quarters.

The Commissioner for Human Rights in the Russian Federation also stated the "not entirely honest" position of our state regarding changes in the housing rights of its citizens. In his report for 2012, he pointed out: "In assuming positive housing obligations in relation to certain categories of citizens, the state should not unilaterally refuse to fulfill them even after the status of these citizens themselves has changed" * (13). Moreover, the state should not renounce its obligations towards its citizens if it itself changed the status of these citizens, without their guilty actions and even initiative.

I ask readers to pay attention to two points: firstly, the deterioration of the rights of former commanders of military units, military scientists and teachers with the adoption of the Federal Law of May 27, 1998 N 76-FZ nevertheless occurred, and secondly, during all these perturbations, the regulatory legal act (Decree of the All-Russian Central Executive Committee and the Council of People's Commissars of February 28, 1930) continued to operate, guaranteeing the dismissed colonels and senior officers the right to additional living space, regardless of the reason for their dismissal.

However, the root of the problem is not even that the legislator violated the provisions of the Constitution of Russia and actually abolished the new law with the social guarantee for additional living space for some categories of discharged military personnel * (14). The problem is that during the period of military service, these colonels, senior officers, commanders of military units, military scientists and teachers, even if they have the right to permanent housing, taking into account additional meters, are not provided by the state with living quarters at all (not with additional meters). , nor without them). And it is not their fault that they, along with their families, have been in line for housing for years and decades and are not provided with housing even by the time they are discharged from military service.

At the beginning of this article, the author emphasized that initially the additional living space was intended for work at home. But don’t teachers and scientists work at home, don’t they develop educational documents at home, don’t they check diploma and term papers, do not write scientific articles? I believe that most of them are engaged in such activities not only in the service, but also at home. It turns out that the failure to provide military scientists and teachers with additional living space guaranteed by law to some extent prevents them from being engaged in, among other things, the implementation official duties.

There is a huge difference between the right to receive housing indefinitely and the same right, which must be realized immediately or in the short term. Thus, the European Court of Human Rights, considering the dispute on the right of a disabled person to housing as a result of the accident at the Chernobyl nuclear power plant, found that the decision of the court of first instance awarded the applicant immediate provision of housing. More than a year later, this decision was quashed by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, and a new decision was made in the case - to provide the applicant with housing on a first-come, first-served basis. Almost a year and a half later, the Presidium of the Supreme Court of the Russian Federation annulled the decision of the Judicial Collegium and upheld the decision of the court of first instance on the extraordinary provision of the applicant with housing. The Court notes that there is a difference between the provision of housing on an urgent basis and on a priority basis (see Zheleznyakovy v. Russia, no. 3180/03, 15 March 2007, ECHR). As a result of the change in the judgment of the trial court, the applicant lost faith in this final and binding judgment and his legitimate expectation of receiving housing without delay*(15) was deceived.

Unfortunately, we have to admit that even successful ideas and initiatives of the state are often depreciated in the process of implementation. The right to additional living space is stimulating in nature, but it is closely related to the period of provision of housing, derived from it. However, while guaranteeing military personnel the right to housing, the state at the same time did not establish a specific period in the law housing military personnel with permanent housing. Neither the Housing Code of the Russian Federation, nor the Federal Law "On the Status of Military Personnel", nor the by-laws establish specific deadlines for the provision of permanent housing to military personnel * (16), and therefore the federal executive authorities, in which the law provides for military service, are completely legal grounds may not provide this housing to servicemen for a long time * (17), and the prospect of a judicial appeal of such inaction is most likely not effective.

Let's return to the issue of providing additional living space certain categories military personnel. Many of them, having not received proper housing during their tenure as a military teacher, scientist, commander of a military unit, expect that the state will provide them with housing later. Moreover, housing of such a size that was assigned to them during the period of military service and the performance of their official duties. And military courts until about 2010-2012. satisfied such demands of those dismissed or relieved of their posts, who had not previously exercised their right to additional living space.

Around 2012 arbitrage practice has changed. Currently, the state provides these categories of citizens with coveted housing, but without additional living space. This is confirmed by law enforcement practice. recent years, including the highest judicial instances, which deserves a separate article. Below we give only two more or less recent decisions of the Supreme Court of the Russian Federation that are significant for this topic.

First, in 2014, the Plenum of the Supreme Court of the Russian Federation, in its resolution "On the practice of applying by courts of legislation on military duty, military service and the status of military personnel" dated May 29, 2014 N 8, expressed the following point of view on this issue:

"28. In order to avoid violating the rights of servicemen to an additional total living area in accordance with paragraph 2 of Article 15.1 of the Federal Law "On the Status of Servicemen", courts should proceed from the fact that such a right is reserved for officers in the military rank of colonel, equal to him and higher, not only those undergoing military service, but also those dismissed from military service on "preferential" grounds.Other categories of military personnel (for example, commanders of military units in the military rank up to lieutenant colonel, captain of the 2nd rank inclusive) are entitled to an additional total area of ​​\u200b\u200bliving quarters only during the period of military service (highlighted by the author)".

To some extent, this paragraph of the explanation of the Plenum contradicts paragraph 13 of Art. 15 of the Federal Law "On the Status of Servicemen". According to this paragraph of the Law, citizens discharged from military service, whose total duration of military service is 20 years or more, and upon dismissal from military service on "preferential" grounds with a total duration of military service of 10 years or more, who are not provided with housing at the time of dismissal, provided housing subsidy or living quarters in the manner prescribed by this Law for military personnel. Reading the above norm of the Law, ordinary citizens understood it in such a way that, having not received housing (with additional living space) during the period of military service, a citizen will receive housing (with additional living space) after dismissal from service.

However, this is still "half the trouble." A year and a half later, the Supreme Court of the Russian Federation changed its opinion, indicated in the above decision, and further reduced the number of citizens who own the right to additional living space. In the Cassation Ruling of the Supreme Court of the Russian Federation dated September 15, 2015 N 202-KG5-9, the following logic is given:

"... Teachers of military professional educational organizations, - in contrast to the military ranks of a colonel, equal to and above him, - when provided with living quarters, they are entitled to an additional total area of ​​\u200b\u200bliving quarters only during the period of military service as a teacher (hereinafter in the quotation, the author's italics). Since, after being placed at the disposal of Lieutenant Colonel Gorbov S.L. ceased to be a teacher, and the right to additional living space is exercised upon provision of housing, the conclusion of the court of appeal that the applicant has the right to housing, taking into account the right to additional total living space, is not based on law.

Thus, at first the Supreme Court of the Russian Federation instructed the lower courts to deny the right to additional living space to the dismissed commanders of military units, military scientists and teachers, and then - not only to those dismissed, but also to those who are at the disposal of commanders (chiefs). Meanwhile, according to Art. 13 of the Regulations on the procedure for passing military service * (18) being at the disposal is also one of the stages of military service.

In fact, now the state at any time, by carrying out organizational and staffing measures before providing a soldier with housing, can deprive him of the right to additional living space (if his military rank is lower than colonel).

To better understand the essence of the problem, consider two examples of deprivation of the right to additional living space:

1. The commander of the regiment, Lieutenant Colonel A., is serving in the Siberian taiga. He is provided with service housing at the place of military service (an apartment far from civilization in a military camp of three five-story buildings). During live shooting, he is seriously injured, he is diagnosed as "Unfit for military service", he is in without fail subject to dismissal from military service. But he had not received housing at the chosen place of residence by the time of his injury. As a completely ordinary and adequate person, he does not want to remain in the taiga for the rest of his life and doom his family to such living, and service apartment in a closed military town is not intended for permanent residence in it. What happens next? If lieutenant colonel A. gives his consent to dismissal before providing him with housing, then he loses the right to additional living space, since after dismissal by the time housing is distributed to him, he is no longer a military man. If he does not give such consent, then he can still be dismissed from military service * (19), and then according to the standard scheme, he still loses the right to additional living space after dismissal.

2. The position of a teacher at a military university, Lieutenant Colonel B., was reduced, in connection with which he was placed at the disposal of the chief. The length of service in the military service of Lieutenant Colonel B. is more than 20 years, he is registered with those in need of housing at the location of the military university, but he is not provided with housing there (neither official nor permanent). If Lieutenant Colonel B. gives his consent to dismissal in connection with organizational and staffing measures without providing housing, leaving him in the queue of those in need of housing, he loses his right to additional living space, because after the dismissal, by the time housing is distributed to him, he is no longer a military man . If he does not give such consent to dismissal, he still loses the right to additional living space, since by the time housing is distributed to him, he still does not hold the position of a teacher at a military university.

In this case, the legislator's guarantee on the prohibition of the dismissal of certain categories of servicemen without housing, including taking into account additional living space, was transformed into a guarantee to provide them with housing, albeit during the period of military service, but without additional total area residential premises. This state of affairs is at least unfair * (20).

Neither in the first nor in the second of the above examples was the serviceman himself the initiator of his dismissal from military service. In both examples, the soldier did not commit any negative culpable acts. However, in both the first and second cases, the lieutenant colonel, who devoted many years to the service of the Motherland and fulfilled the conditions of the concluded military service contract, who, in his last position, had the right to receive housing, taking into account additional living space, which, due to the long inaction of the military department during the period of fulfillment of duties in this position, he was never provided with housing, and eventually lost the right to additional living space.

Moreover, if this lieutenant colonel committed suicide before placing him at the disposal or dismissal, then his family members would have received the right to housing, taking into account the additional area due to him (clause 1.1, article 15.1 of the Federal Law "On the status of military personnel"). But is suicide really necessary for the realization of the existing right?

The illustrated situation is "running for the sake of running", the realm of formalism, not justice. The existing picture in general view can be described as follows: the state in law guarantees some benefit to a citizen, provided that he holds a certain position. A citizen holds this position, his merits are recognized by the state, but he does not receive a guaranteed benefit, since the term for receiving it is not established by law and depends entirely on the goodwill of the state. A citizen has been waiting for this benefit for years, but at this time the state releases the citizen from the "preferential position" ... Voila, the benefit is over, the state has saved money. And everything is according to the law.

"It's not fair and insulting" - the natural emotions that arise in those who at first the state promised housing with additional meters, and then abandoned their promises. In August 2015, retired lieutenant colonel Sergei Konovalov, after futile attempts to get an apartment, returned the Order of Courage and the medal "For Courage" received for participation in the war in Chechnya * (21) to the Administration of the President of the Russian Federation. Sociological surveys confirm that the reaction of learned helplessness, irritation, anger, combined with the feeling that nothing can be done and the authorities do what they want, demonstratively spitting on people, neglecting their feelings of offended justice, violation of the law, is very typical for modern Russian reality * (22).

Another argument in favor of providing housing for retired or retired former commanders of military units, military educators and scientists is the need to observe the principle of equal rights for one and the same category of citizens. The state provides some of the commanders of military units, military scientists and teachers with permanent housing with additional living space, but it does not provide some (both during the period of their long-term performance of their posts and after they are released from them), i.e. there are, for example, two equal subjects of law - two officers in an equal military position and rank, with the same length of service, even with an equal period of being registered in need of residential premises, but one of them receives, while in office, housing, taking into account additional residential area, and the second - does not receive. The first one retains this housing with additional living space even after his dismissal, the additional living space is not taken away from him even after the termination of his official duties, and the second receives housing 15-25 square meters less than the state provided the first. I believe that with this approach, the principles of equality and justice are clearly violated.

Let's summarize this article. I hope the author was able to highlight the existing problem of housing for certain categories of military personnel, to show an example of a unilateral refusal of the state from its earlier obligations. At present, the norm of the law on the provision of additional living space to some categories has actually turned into a slogan, into a good wish of the state, since this right, without specifying the period for providing housing, entirely depends on the discretion and arbitrariness of officials. I believe that the political will of the country's top leadership is needed to restore the rights of servicemen and former servicemen, to introduce socially oriented changes to the legislation on the right of servicemen to housing.

Failure by the military department to comply with the requirements of the law in relation to a serviceman during his military service in terms of providing him with adequate housing does not relieve the state from its obligations. A different interpretation of the law is contrary to the current housing legislation and enshrined in Art. 19 of the Constitution of the Russian Federation on the principle of equality, since, having not exercised in a timely manner their right to housing according to established standards during military service, a serviceman cannot be deprived of the right to receive it, taking into account additional space, on the grounds that he has been relieved of military duty at the initiative of the state.

Bibliographic list

1. Gladkikh I.P. Social protection military personnel of the ground forces of Russia: a historical study [Text] / I.P. Gladkikh // ONV. 2007. N 1-51. pp.61-67.

2. Glukhov E.A., Anikushin S.V. An indefinite term for the provision of permanent housing to servicemen [Text] / E.A. Glukhov, S.V. Anikushin // Law in the Armed Forces - Military Law Review. 2013. No. 12. S. 43-48.

3. Glukhov E.A. Realization of the right to additional living space for some categories of military personnel [Text] / E.A. Glukhov // Law in the Armed Forces - Military Legal Review. 2013. No. 10. S. 37-43.

4. Tolstoy Yu.K. Housing law [Text] / Yu.K. Tolstoy: textbook. 2nd ed., revised. and additional Moscow: Prospekt, 2011.

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*(1) Gladkikh I.P. Social protection of military personnel of the Russian ground forces: a historical study // ONV. 2007. N 1-51. pp. 61-67.

*(3) Tolstoy Yu.K. Housing law: textbook. 2nd ed., revised. and additional M., 2011.

*(6) This category included the regiment commander and military commissar, assistant division commander, squadron and fleet commander, as well as military personnel occupying higher positions (Order of the Revolutionary Military Council of the USSR dated June 20, 1924 N 807).

*(7) See, for example, the ruling of the Supreme Court of the Russian Federation of February 19, 2009 N 1n-14/09: if a family member of a military serviceman has a disease that gives the right to additional living space, an apartment should be allocated taking into account this circumstance ( URL: http://sudbiblioteka.ru/vs/text_big2/verhsud_big_41614.htm).

*(8) Decree of the Government of the Russian Federation "On the recognition of certain normative legal acts of the USSR as invalid on the territory of the Russian Federation and invalidated certain regulatory legal acts of the USSR and invalidated certain regulatory legal acts of the RSFSR" dated October 25, 2012 N 1098.

*(10) Further in this article, dismissal from military service upon reaching the age limit for military service, health status or in connection with organizational and staff measures will be referred to as dismissal on "preferential" grounds.

*(12) Resolution of the Constitutional Court of the Russian Federation "On the case of the constitutionality separate provisions federal laws "On the federal budget for 2002", "On the federal budget for 2003", "On the federal budget for 2004" and annexes to them in connection with the request of a group of members of the Federation Council and the complaint of citizen A.V. Zhmakovsky" dated April 23, 2004 N 9-P.

* (13) Report of the Commissioner for Human Rights in the Russian Federation for 2012 dated February 19, 2013 // Ros. gas. 2013. March 29.

*(14) Although this is a serious reason for applying to the Constitutional Court of the Russian Federation (after losing a dispute on the right to additional living space in a court of general jurisdiction).

*(15) Decision of the European Court of Human Rights of September 2, 2010 "The case of Tayanko (Tayanko) against the Russian Federation" (complaint N 4596/02) // Bulletin of the European Court of Human Rights. Ros. ed. 2011. No. 6. S. 8, 64-70.

* (16) A three-month period (from the date they submit an application to local self-government bodies) for providing military personnel with living quarters under contracts social recruitment was provided for in paragraph 6 of Art. 15 of the Law of the Russian Federation "On the status of military personnel" of 1993. The specified legal norm was in force from 1993 to 1998.

* (17) This problem is disclosed in more detail in the article: Glukhov E.A., Anikushin S.V. Indefinite term for the provision of permanent housing to servicemen // Law in the Armed Forces. 2013. No. 12. S. 43-48.

*(18) Approved by Decree of the President of the Russian Federation "Issues of military service" dated September 16, 1999 N 1237.

*(19) In accordance with paragraph 17 of Art. 34 of the Regulations on the Procedure for Passing Military Service, a serviceman who has expressed a desire to receive housing not at the place of dismissal from military service is dismissed from military service and provided with housing in accordance with the legislation of the Russian Federation. At the same time, when resolving disputes about the legality of dismissing such servicemen from military service without providing housing at the chosen place of residence, the courts are guided by the presence or absence of need for housing at the place of military service.

* (20) Glukhov E.A. Implementation of the right to additional living space for some categories of military personnel // Law in the Armed Forces. 2013. No. 10. S. 37-43.

*(21) URL: http://www.sovsekretno.ru/articles/id/5052/.

E.A. Glukhov,

senior lecturer of SPVI VV MIA of Russia,

PhD in Law, Lieutenant Colonel of Justice

If we make a calculation, then according to this norm, you and your family are entitled to a total area of ​​​​54 square meters. meters (18 sq. m * 3 people) Further, it should be noted that PMO 1280 contains an important clause about the case of impossibility to provide service housing at the above-mentioned rate of 18 sq.m. per person. In this case, the Ministry of Defense allows the serviceman to be provided with smaller areas, but only with the consent of the military himself. And one more subtlety that you need to know about.

How many square meters are required per person: the subtleties of housing legislation

m.; For one person - 33 sq. meters. The Housing Code of the Russian Federation defines some nuances in the calculation of the norm of a dwelling. Firstly, when two family members and one stranger live, the area of ​​\u200b\u200bthe residential facility should be from 54 to 62 square meters.

m. Secondly, when three persons who are not family members live, the area of ​​\u200b\u200bthe premises is set in the range from 62 to 74 square meters.

How many square meters of service housing is required for a soldier

How to get an apartment for a soldier with an increase in living space?

If you register a dwelling (apartment) as a property free of charge or under a social tenancy agreement, then multiply 18 square meters by 2, 3 or 4, respectively. Upon receipt of a lump-sum cash payment for the purchase or construction of a dwelling, the amount is determined by the Government of the Russian Federation. If you are married, then the situation is more complicated.

What are the rules for providing housing to the military?

Clause 1 of Article 15.1 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel” establishes a special rule that is taken into account under certain conditions and in strictly defined cases. It is 18 sq. m of floor space per person.

A family of 2 or more people relies on 18 sq.

meters of floor space per person. However, taking into account the rules of paragraph 2 of Art. 15 of the Federal Law (i.e.

taking into account the design and technical parameters apartment buildings) the size of the total area can be exceeded by 9 square meters. meters. Therefore, a family of 2 can be provided with an apartment with a total area of ​​up to 45 sq. meters.

In all cases, the rules for the provision of residential premises, enshrined in paragraph 1, must be observed.

1 st. 58 Housing Code RF (enacted by Federal Law No. 188-FZ of December 29, 2004). In accordance with the requirements enshrined in the LC RF, these rules can be formulated as follows:

Taking into account the design and technical parameters apartment building or a residential building, residential premises provided in accordance with this Federal Law for ownership free of charge or under a social tenancy agreement may be provided with a total area exceeding the size of the total area of ​​\u200b\u200bresidential premises, determined on the basis of the norm for providing the area of ​​\u200b\u200bresidential premises specified in paragraph 1 of this article , and the increase in the size of the total area of ​​the dwelling provided for in paragraph 2 of this article.

To do this, the serviceman submits a report to the commander of the military unit with documents confirming the need for housing. This category does not include conscripts, Foreign citizens, as well as officers provided with housing.

Service premises are provided at the location of the military unit, and in the absence of such, in nearby cities and other settlements.

In addition, the provided real estate must meet all the requirements for residential premises and be issued within the limits of the norms established by the state.

How many meters of housing is required for a soldier?

Answer: If housing is provided under a social tenancy agreement or is provided free of charge to a serviceman (decision of the federal executive body), then 18 sq.

These indicators are set for each region separately, and, for example, in Moscow today they are 10 sq.m. for separate apartment and 15 sq.m. for communal.

Norm m2 when calculating EDV

The calculation of the subsidy is fixed by the Decree of the Government, and takes into account the interests of lonely defenders of the Fatherland, as well as those who do not have children. For them, the established square meters are overstated to 33 and 42 sq.m. respectively.

In addition, when calculating the EDV, as in the case, the officer’s grounds for receiving a subsidy for preferential meters in an amount not exceeding 15 sq.m. are taken into account.

When calculating the amount, the length of service is also taken into account, which is taken into account with the help of a multiplying factor, the indicators of which depend on the service life.

If the defender of the Fatherland or family members, under a social contract or in the ownership of another living space, its size will be deducted when calculating the norm for providing living space to military personnel.

However, in spite of the calculation of the UDV based on the norms for the receipt of real estate by officers, real estate purchased with the issued funds can significantly exceed statutory standards.

Moreover, when buying an apartment, you can also use your own funds. This does not contradict the law and will allow the officer to purchase more spacious and comfortable housing in a safe house.

Military mortgages and housing norms

For the defenders of the Fatherland, a good alternative to providing housing can be the so-called military mortgage or accumulative-mortgage system (NIS) housing.

The accounting norm for the area of ​​\u200b\u200ba residential premises ( accounting rate) is an minimum size area of ​​living quarters, on the basis of which the level of provision of citizens with the total area of ​​living quarters is determined in order to be registered as those in need of living quarters. The size of such norm cannot exceed the size of the provision norm. This standard is used solely for the purpose of registering citizens as those in need of residential premises.

Who is entitled to additional meters?

In addition, the right of a serviceman to an additional area of ​​15 to 25 square meters is taken into account. In this regard, military personnel who have the right to provide a large area with living quarters are provided with two living quarters in the absence of the possibility of providing one living quarter of the required area.

Providing a subsidy for the purchase of housing for military personnel in 2019

Perhaps, many have heard and know how officers and contractors have been waiting for apartments from the army for years, how much nerve and effort was wasted, and what a joy it was to receive a happy apartment, albeit small, but upon dismissal from military service.

But, over the past two years, the situation has begun to change dramatically, so for two years Government program providing subsidies for the purchase of housing for military personnel.

Forum of Legal Mutual Assistance for Military Personnel

such a situation came out. until December, he served as a military commissar of the district, in the rank of p / p-k, in December 2009 the LCD of the VK Oblast was recognized as needy, in the report he immediately wrote about additional squares, the recognition protocol was denied because I am not a CC, from January 1 2010 put at the disposal of the Chief OMU of the Okrug, he did not challenge the additional squares in court.

Listener. Everything is correct, of course!

if you carefully read this paragraph "3.1", you will understand that it applies only to WIDOWS and CHILDREN of dead (deceased) military personnel. And here we are talking about FORMER SERVICEMEN who HONESTLY resigned under one of the preferential articles: having reached the age limit for military service, for OSHM and due to illness, in the hope of a fair attitude towards themselves from the state.

On the right to additional living space while being at the disposal or dismissal from military service

as well as the Director of the Legal Department of the Ministry of Defense of the Russian Federation, who are on the side of such military personnel on this issue, unfortunately, does not coincide with the position of the courts. In the opinion of the Chief Military Prosecutor's Office, “the dismissal was caused by an objective factor independent of the will of the serviceman - the conduct of organizational and staff measures.

Such a forced change in official position is predetermined by the need to resolve issues of further military service by a military serviceman and is limited to a six-month period.

Standard housing area for military personnel

The calculation of the subsidy also depends on the norms of living space, but it is calculated a little differently.

Thoughts of lawyers aloud

Not everyone knows that, according to the current legislation, residential premises can be provided with a total area exceeding the size of the total area of ​​​​residential premises.

m, living area is 28.7 sq. m. The composition of the family - 4 people, same-sex children.

Since 1993, I have been on the waiting list for the improvement of living conditions.

The apartment is not privatized. I would like to get answers to questions. 3. In case of moving to another city for permanent residence after being transferred to the reserve, what document is the basis for obtaining additional living space of 15 sq.

Decree of the Government of the Russian Federation of October 24, 2013 N 942
"On the Approval of the Rules for Payment by Military Personnel, Citizens Discharged from Military Service, Recognized as Needing Housing by the Federal Executive Authority or the Federal government agency, in which military service is provided for by the federal law, the total area of ​​\u200b\u200bthe living quarters exceeding the norm for providing the area of ​​​​the living quarters established by Article 15.1 of the Federal Law "On the Status of Military Personnel"

With changes and additions from:

4. A dwelling with a total area exceeding the provision norm is offered by the federal body by notifying a serviceman, a citizen who has been discharged from military service, of the possibility of providing him with such a dwelling. When notifying a serviceman, a citizen dismissed from military service, he is provided with the information specified in paragraphs 2 and these Rules.

Information about changes:

By Decree of the Government of the Russian Federation of January 29, 2015 N 70, paragraph 5 was amended to apply to legal relations that arose from January 1, 2014

5. When a serviceman, a citizen dismissed from military service, expresses his consent to the provision of living quarters specified in paragraph 4 of these Rules, with payment for the total area of ​​\u200b\u200bthe living quarters exceeding the provision rate, at the expense of own funds they inform the federal body about it no later than 3 working days from the date of its notification. The federal body, no later than 3 working days from the date of receipt of the consent of a serviceman, a citizen dismissed from military service, sends him a signed authorized official of the federal body, an agreement on payment for the area of ​​\u200b\u200bresidential premises in excess of the provision rate (hereinafter referred to as the agreement).

6. The agreement must contain the following information:

a) the size of the total area of ​​the provided residential premises;

b) the size of the total area of ​​the dwelling, determined on the basis of the norm for the provision of the area of ​​the dwelling, specified in paragraph 1 of Article 15.1 of the Federal Law;

c) the maximum size of the additional total living area to which a serviceman, a citizen discharged from military service, is entitled, in the cases provided for in paragraph 2 of Article 15.1 of the Federal Law;

d) the maximum size of the total area of ​​a dwelling, provided for by paragraph 3 of Article 15.1 of the Federal Law, provided taking into account the design and technical parameters of an apartment building or residential building, exceeding the size of the total area of ​​a dwelling, determined on the basis of the norm for providing the area of ​​a dwelling, specified in paragraph 1 of the article 15.1 of the Federal Law, and maximum size additional total living space, the right to which a serviceman, a citizen dismissed from military service, in the cases provided for by paragraph 2 of Article 15.1 of the Federal Law;

e) the size of the total area of ​​the dwelling, exceeding the provision rate;

e) the cost of 1 square. meters of the total area of ​​residential premises, determined on the basis of the state contract for the acquisition (construction) of residential premises, and if it is impossible to establish the cost of acquisition (construction) of residential premises, - based on residual value 1 sq. meters of the total area of ​​\u200b\u200bthe dwelling;

g) the amount of payment for the total area of ​​the residential premises, which exceeds the provision rate;

h) the terms of payment for the total area of ​​\u200b\u200bthe residential premises in excess of the provision rate; N 40101 "Incomes distributed by the Federal Treasury between budgets budget system Russian Federation", for their subsequent transfer to income federal budget according to the budget revenue classification code 000 1 13 02991 01 0000 130 "Other income from compensation of federal budget expenses".

9. In the event of the death (death) of a serviceman, a citizen dismissed from military service, these Rules apply to members of his family.