Housing in kind for military personnel upon discharge from service. Providing housing upon dismissal from service

Russian legislation classifies military personnel as a special category of citizens who are guaranteed housing conditions, and the current procedure does not allow dismissal without the provision of housing. It is assumed that not only the apartment or house itself will be provided, but also payments of equivalent funds are possible.

Arriving officers and their families must be provided with accommodation during the quarter for the entire period of service in this garrison. If for some reason this is not possible, then with subsequent compensation for expenses incurred. The amount of this payment is also regulated by regulations.

Housing can also be provided as part of social rent, while retaining the possibility of its subsequent privatization. But if the housing stock is located in a closed military camp, then this will be extremely difficult, since the objects are listed as the property of the Ministry of Defense.

Right to housing

Despite such complete protection of a serviceman’s right to housing, cases of dismissal without housing are not uncommon. And in a number of cases the court recognizes this measure as justified. Let's look at these nuances in more detail. So, each serviceman is provided with a service apartment for the period of residence in a military camp; accordingly, upon dismissal it will need to be vacated. But where should not only the officer himself, but also his family members go?

Receiving official housing retains their right to their previous housing for five years, and also leaves them on the waiting list for the category of those in need of housing or improvement of its conditions. Thus, termination of service in the ranks of a given military unit retains the officer’s right to participate in military mortgage programs or receive a one-time cash payment for the purchase of residential real estate.

If a serviceman, upon arrival at the unit, refused to occupy a service apartment, then, in order of priority, he will be allocated housing under a social rental agreement. Military personnel whose dismissal is connected with a guaranteed apartment can receive an apartment from the state for one of the following reasons:

• the length of military service is at least 20 years, and the termination of the relationship is associated with retirement;
• the length of service is 10 years, and there are organizational and staffing measures () or the officer reaches the age limit for performing military duties.

Only in these cases can you count on receiving housing as your own property or under a social rental agreement in the region of the country that will be chosen for subsequent residence. In this case, the area of ​​the future apartment is calculated according to current housing standards in proportion to the number of family members.

In all other cases, dismissal occurs without the provision of housing and with the loss of subsidy benefits. So, if the order indicates a violation of the terms of the contract, then providing housing at the expense of public funds becomes impossible.

The procedure for providing housing

If the length of service is more than ten years, the dismissal was forced - for medical reasons, age restrictions or as a result of organizational and staffing measures, and placement on the housing waiting list was made before 2005, then the military man has the right:

• obtain ownership of real estate;
• get an apartment as part of social rent;
• receive a subsidy for the purchase or construction of housing.

The form of exercising housing rights is up to the contract worker himself, but in any case at the expense of budget funds. When determining the area of ​​a future apartment, they are guided by current standards in this area, and even the apartment buildings themselves may be subject to assignment to military units of a particular subject of the Russian Federation. Families of those killed in the line of duty can also improve their living conditions. If the last option is chosen - a cash payment, then its size will be calculated in proportion to the housing standard and service life in calendar years.

A small legal incident arises when concluding a social tenancy agreement, since according to legal requirements, at the time of signing it, the contract worker himself and his family members must have already left the official housing. At the same time, social rent housing is distributed on a first-come, first-served basis, and the military has to rent square meters so as not to literally be left on the street. However, the state provides compensation for such costs, the amount of which for large families is increased by 50%.

The nuances of providing living space during retirement

For what reasons does someone retire without housing? The answer to this question is exactly the opposite of the one stated above:

• less than 10 years of military experience;
• dismissal for reasons not related to organizational and staffing measures, health or age of the serviceman;
• consent of the Defender of the Fatherland to this option (must be in writing).

A career officer who has served for at least twenty years cannot be dismissed without the provision of housing. If he leaves the service after receiving a state apartment, this does not impose on him any legal obligations or restrictions in terms of managing its future fate. If a military man was dismissed during the period from 10 to 20 years of service on grounds regulated by law, then he may not be allocated housing, but retained the right to receive it in the future on a general basis.

If he moves, he can use a lump sum payment to purchase or build his own family nest without restrictions on area, since the law does not prohibit him from adding his own funds to this subsidy.

Ownership for those military personnel who are in military service allows each of them to be sure that one day they will have the joy of celebrating a housewarming. But not all military personnel reach this point; there are situations when they are forced to resign. For example, for health reasons or due to reaching the age limit.

Housing for discharged military personnel

When transferred to the reserve, a serviceman actually loses his place in the queue or the NIS state program becomes inaccessible to him, because payments will no longer accumulate in his personal account. Therefore, rules have been established explaining how housing is provided to discharged military personnel. To do this, it is enough to serve at least 10 years and not have serious penalties for the entire period of service. That is, they provide living space only to conscientious employees who are fired for objective reasons.

Such social guarantees significantly increase the prestige of military service and provide an opportunity for military personnel who choose civilian life after the specified period to acquire their own apartment. To avoid mistakes in the event of dismissal, it is better to seek advice from a lawyer who will give a legal assessment of the situation and recommend how to proceed.

There are three housing options in total:

• housing by ;
• allocation of cash subsidies;
• participation in the NIS program.

Thus, former military personnel can obtain housing in almost any situation. For example, for those who entered into a contract before January 1, 2005, the NIS program is not available, but they can receive money for or live in departmental housing.

According to these projects, everyone should receive either an apartment immediately or a housing certificate, allowing them to independently choose housing in any region of the country. There are ongoing disputes regarding the 10-year time frame, which prevents the military from qualifying for government assistance for shorter periods of service. But, taking into account the work of the NIS program since January 1, 2005, in which there are no such restrictions, the shortcomings of the law are practically reduced to “no”.

Housing options

In addition to the acquisition of new living quarters, those transferred to the reserves also have access to the privatization of the housing that was provided to them under social rent. Indeed, in the absence of the possibility of allocating or purchasing an apartment at the expense of the federal budget, the military man and his family continue to live in the same place where they lived during their service. The law prohibits their eviction, except in the case of moving to a new home.

Apartments for former military personnel are provided from the same fund as active military personnel, so they often have to wait their turn. It’s easier for those of them who live in an apartment under a social tenancy agreement; in the event of privatization, they will not need to move. The same military, now former, who lives in, will have to live all the time waiting until they have the opportunity to move into their own apartment.

Where to go for help?

Considering that there are many options for providing living space, in order to understand the details, you may need the help of an experienced lawyer who is familiar with the nuances of such cases and is ready to provide both consulting and representative support in all instances, including, if necessary, in court.

What is the procedure for recognizing that military personnel need living quarters? The procedure for recognizing military personnel as in need of improved housing conditions is established in the Decree of the Government of the Russian Federation “On the procedure for registering military personnel subject to dismissal from military service, and citizens dismissed from military service into the reserve or into retirement and service in internal affairs bodies, as well as military personnel and employees of the State fire service who need to obtain living quarters or improve living conditions in their chosen permanent place of residence.” To do this, the serviceman submits a report to the commander of the military unit, attaching documents confirming the need for housing.

Providing housing upon dismissal from service

5 ways for military personnel to obtain housing

Suppose a house is built and put into operation, but the Ministry of Defense for several years does not accept apartments for transfer to military personnel.

Under what conditions is housing provided to military personnel?

Housing for military personnel is guaranteed by the state

Housing for military personnel 2015-2018: options, procedure for obtaining, standards

The first and most common option for purchasing an apartment is to participate in the savings-mortgage system created in 2004. The essence of the program is that from the moment he enters service under a contract, a serviceman begins to participate in such a system.

Obtaining housing for military personnel upon discharge

More than 1,000 military personnel and members of their families received answers from the military lawyer of the Mil.Press media group. If your question is related to pay, pension, housing or separation from service, please select the relevant topic from the drop-down list below. You can also check out list of the most popular questions.

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Reserve captain. Length of service - 18 calendar years; 22.5 - in preferential terms. Dismissed under the article “Failure to fulfill the terms of the contract on the part of the serviceman.” I live in a service apartment in a closed military garrison. I'm not on the waiting list for housing. What am I entitled to in order to receive housing (or a housing certificate) subject to the delivery of official housing?

Sergey Vitalievich Sabadash,
Topic: Housing issue
Locality: Artem

In cases where military personnel, insisting on early dismissal from military service on the above grounds, agreed to resign without being provided with housing, the grounds for their subsequent reinstatement in military service to provide housing are terminated.

If military personnel do not agree with their dismissal from military service without the provision of housing, they cannot be dismissed without the provision of housing (Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 14, 2000 No. 9 “On some issues of the application by courts of legislation on military duty, military service and status military personnel").

The right to housing arises both for the military man himself and for members of his family, which are only the spouse, children, parents, and other persons who are permanently living with him, who will be recognized by the court as members of the family of the leaving military man (Decree of the Government of the Russian Federation of November 6, 2009 No. No. 903 “On the provision in 2009 of federally owned residential premises to citizens discharged from military service”). At the same time, family members of military personnel do not have an independent right to receive housing; their right as family members of military personnel to receive housing is derived from the right to receive housing of the serviceman himself. Even the receipt of residential premises by family members of a deceased (deceased) serviceman is only a consequence of his unrealized right to receive housing during the serviceman’s lifetime. Military personnel whose total duration of military service is 10 years or more, who need to improve their living conditions according to the standards, without their consent cannot be dismissed from military service upon reaching the age limit for military service, health reasons or due to organizational and staffing issues. events without providing them with living quarters. If these military personnel wish to receive living quarters other than the place where they were discharged from military service, they are provided with living quarters at their chosen place of permanent residence (Clause 1, Article 23, Clause 14, Article 15 of the Federal Law “On the Status of Military Personnel”). Military personnel performing military service under a contract, together with their family members, are provided with official housing at the location of the military unit, and if there is no housing there, in nearby locations.

Military personnel undergoing military service under a contract, whose total duration of military service is 20 years or more, who are not provided with living quarters at the time of dismissal from military service, cannot be excluded without their consent from the waiting list for receiving living quarters and are provided with living quarters in accordance with with current legislation.

Your total duration of military service in calendar terms (total duration of military service) is 18 years.

The dismissal of a serviceman for non-compliance with the terms of the contract does not give rise to an obligation for the RF Ministry of Defense to provide housing if he does not fall under the above categories.

The legislation provides for different procedures for providing military personnel with living quarters.

First of all, military personnel who do not have housing at the place of military service must be provided with official housing for three months.

The right to receive residential premises as a property or under the terms of a social tenancy agreement are given to military personnel recognized as in need of residential premises upon reaching a total duration of military service of 20 years or more, as well as those subject to dismissal or dismissed due to reaching the age limit for service, according to state of health or in connection with organizational and staffing events, the total duration of service of which is 10 years or more.

Certain categories of military personnel have the right to receive a state housing certificate, social payments for the purchase of housing, and to become a participant in the savings-mortgage housing system for military personnel.

It should be noted that receiving a subsidy for the purchase of housing, participating in a mortgage program and obtaining a state housing certificate as an alternative to the right to receive an apartment directly is carried out on a voluntary basis only if the serviceman himself has expressed such a desire.

2. What is the procedure for recognizing that military personnel need living quarters?

The procedure for recognizing military personnel as in need of improved housing conditions is established in the Decree of the Government of the Russian Federation “On the procedure for registering military personnel subject to dismissal from military service, and citizens dismissed from military service into the reserve or into retirement and service in internal affairs bodies, as well as military personnel and employees of the State fire service who need to obtain living quarters or improve living conditions in their chosen permanent place of residence.”

To do this, the serviceman submits a report to the commander of the military unit, attaching documents confirming the need for housing. The list of documents has been approved by the Government.

Based on the report and attached documents, a decision is made to place the serviceman on the waiting list for housing.

The military commissariat includes the serviceman on the waiting list for receiving residential premises or improving living conditions and sends a copy of the list and original documents received from the commander (chief) of the military unit to the relevant local government body.

3. What is the procedure for providing housing ownership to military personnel?

Housing is provided to military personnel in the order of registration.

4. On what basis can a serviceman be deprived of the right to housing?

If a serviceman independently solved a housing problem.

However, in practice, there are cases when a serviceman is excluded from the lists of those in need or is generally refused registration on formal grounds, for example, there is no certificate of insecurity in official housing at his previous place of service. But it is not possible to provide such a certificate, since the archives were lost due to numerous reorganizations. Then the issue is resolved in court.

5. Are military personnel entitled to any benefits for housing?

Family members of deceased military personnel are provided with compensation to pay for housing and utilities.

6. How many square meters is a soldier entitled to?

Living quarters are provided to military personnel at the rate of 18 sq.m. total area per family member. This norm can be increased by no more than 9 sq.m. total area of ​​the apartment.

7. Are family members of a serviceman entitled to housing in the event of his death? If so, what is the standard for providing housing?

Firstly, family members of military personnel who have lost their breadwinner cannot be evicted from the residential premises they occupy without providing them with another comfortable living space free of charge if family members terminate their labor relations with the relevant organizations; after the death of a military personnel, they retain the right to improvement of living conditions.

For family members of military personnel who died (died) during military service, and family members of citizens who served in military service under a contract and died (died) after dismissal from military service upon reaching the age limit for military service, health or related with organizational and staffing measures, the total duration of military service of which is 20 years or more, the right to receive housing is retained. In this case, residential premises are provided to these persons on a priority basis.

The standard for providing housing is the same as for military personnel - 18 sq.m. For a family member, taking into account the characteristics of the living space, this area can be increased by no more than 9 sq.m.

8. What is the cost for military personnel to purchase housing?

If we are talking about housing certificates, the cost of housing purchased with the help of a certificate is calculated based on the square meters of total area allocated to the military personnel and the standard cost of 1 sq.m. total housing area in the Russian Federation.

The standard for the total area of ​​living space for calculating the amount of social benefits is established in the following amount:

• 33 sq. m - for a citizen living alone;
• 42 sq. m - for a family of 2 people;
• 18 sq. m for each family member if the family size is 3 people or more.

The right to additional space for certain categories of military personnel in the amount of 15 sq.m. is also taken into account.

Standard cost of 1 sq. m of total housing area in the Russian Federation is determined once every six months by a federal executive body authorized by the Government of the Russian Federation.

Today the standard cost is 1.sq.m. The total area in the Russian Federation is approved in the amount of 28,000 rubles.

Thus, for example, for a family of two people the state provides a housing certificate for the purchase of housing worth 1,176,000 rubles. If the apartment you buy is more expensive, you will have to pay extra out of your own pocket.

9. What is the system for purchasing an apartment for military personnel?

Military personnel and members of their families who are registered as needing improved housing conditions are provided with living quarters from the housing stock of the Ministry of Defense of the Russian Federation.

This housing stock includes premises received from housing construction of the Ministry of Defense and acquired by the Ministry of Defense, received from federal executive authorities, executive authorities of constituent entities of the Russian Federation and local governments in the houses of the state and municipal housing stock, received from the conversion of non-residential premises of the Ministry of Defense .

The distribution of residential premises entering a military unit among military personnel is carried out by the housing commission of the military unit in order of priority, based on the time they were registered and included in the lists of those in need of receiving residential premises (improving living conditions).

10. Have you received many requests from military personnel regarding housing?

Most often, military personnel's appeals are related to illegal dismissal without the provision of housing.

The fact is that military personnel recognized as in need of improved housing conditions, having a total duration of military service of 10 years or more, without their consent cannot be dismissed from military service upon reaching the age limit for military service, health conditions or due to organizational and staffing measures without providing them with living quarters.

Currently, there are massive layoffs of military personnel due to a reduction in the number of military personnel. Under such circumstances, naturally there is not enough housing for everyone.

In some cases, reasons are found for refusing to register a serviceman as needy; sometimes people are “convinced” to use housing certificates.

We would advise military personnel to clearly state their disagreement with the upcoming dismissal due to housing insecurity during conversations with superiors and in reports.

Illegal dismissals without the provision of housing should be challenged in court, and you should ask not only to be reinstated in the lists of personnel, but also to pay all types of allowances during the illegal dismissal.

There are also problems in issuing state housing certificates.

11. Is a military member entitled to additional housing and under what circumstances?

If a serviceman is provided with housing, he has the right to receive official housing if his service takes place in another area.

See also other materials on the topic in the section "Rights of military personnel"

Olga Otrokhova, General Director of the Logos Legal Center, 08/11/2010,
published in the newspapers: “Our Omsk Word”, “New Review” dated 07/20/2010

A wide variety of forms of obtaining housing ownership for those military personnel who are on military service allows each of them to be sure that one day they will have the joy of celebrating a housewarming. But not all military personnel reach this point; there are situations when they are forced to resign. For example, for health reasons or due to reaching the age limit.

Read also: Payments during maternity leave up to 3 years

Housing for discharged military personnel

When transferred to the reserve, a serviceman actually loses his place in the queue or the state NIS program becomes unavailable to him. after all, payments will stop accumulating on his personal account. Therefore, the legislation of the Russian Federation establishes rules explaining how housing is provided to discharged military personnel. To do this, it is enough to serve at least 10 years and not have serious penalties for the entire period of service. That is, they provide living space only to conscientious employees who are fired for objective reasons.

Such social guarantees significantly increase the prestige of military service and provide an opportunity for military personnel who choose civilian life after the specified period to acquire their own apartment. To avoid mistakes in the event of dismissal, it is better to seek advice from a lawyer who will give a legal assessment of the situation and recommend what to do to register the apartment.

There are three housing options in total:

Thus, former military personnel can obtain housing in almost any situation. For example, for those who entered into a contract before January 1, 2005, the NIS program is not available, but they can receive money to buy an apartment or live in departmental housing.

According to these projects, everyone should receive either an apartment immediately or a housing certificate, allowing them to independently choose housing in any region of the country. There are ongoing disputes regarding the 10-year time frame, which prevents the military from qualifying for government assistance for shorter periods of service. But, taking into account the work of the NIS program since January 1, 2005, in which there are no such restrictions, the shortcomings of the law are practically reduced to “no”.

Housing options

In addition to the acquisition of new living quarters, those transferred to the reserves also have access to the privatization of the housing that was provided to them under social rent. Indeed, in the absence of the possibility of allocating a housing certificate or purchasing an apartment at the expense of the federal budget, the military man and his family continue to live in the same place where they lived during their service. The law prohibits their eviction, except in the case of moving to a new home.

Apartments for former military personnel are provided from the same fund as active military personnel, so they often have to wait their turn. It’s easier for those of them who live in an apartment under a social tenancy agreement; in the event of privatization, they will not need to move. To the same military, now former, who lives in official housing. you will have to live in anticipation all the time until the opportunity presents itself to move into your own apartment.

Where to go for help?

Considering that there are many options for providing living space, in order to understand the details, you may need the help of an experienced lawyer who is familiar with the nuances of such cases and is ready to provide both consulting and representative support in all instances, including, if necessary, in court.

Providing housing upon dismissal from service

According to current legislation, military personnel belong to a special category of citizens, whose status is determined by Federal Law No. 76, and for whom the state guarantees the procedure for providing permanent housing to military personnel. This is carried out under several programs, including both the issuance of apartments in kind and the provision of cash subsidies for the purchase of real estate. Citizens arriving at the place of service, as well as family members accompanying them, are required to provide housing to which they are entitled during their service within 3 months.

The regulation on the provision of housing to military personnel provides that in the absence of the possibility of providing official housing, the military has the right to rent residential premises independently. as a result of which he is entitled to monetary compensation in the amounts determined by legislative acts.

However, privatization of apartments in a closed military camp is not always possible due to the departmental ownership of land and real estate by the Ministry of Defense.

Military rights to living space

What to do if a serviceman with a service apartment is dismissed? The office premises cannot be transferred into his ownership, since by law they are issued only for the period of service, moreover, such apartments are usually located in closed towns.

Therefore, upon dismissal, the procedure for renting out official housing by military personnel and members of their families provides for the vacancy of the occupied living space no later than 3 months after dismissal.

But when receiving a service apartment, their owners retain the rights to:

• for five years for residential premises where they previously lived.
• they cannot be excluded from the lists of people in need of housing.

The latter gives them the right to participate in a military mortgage or receive EDV for the purchase of real estate.

In addition, the refusal of a serviceman to give up an apartment in the service fund gives the right to receive real estate under a social rental agreement for premises, which are issued by the state on a waiting list.

An apartment is issued to military personnel upon dismissal in the following cases:

• Retirement upon reaching at least 20 years of military service.
• Dismissals upon reaching 10 years of service, for the following reasons: reaching the age limit and general education.

An apartment is provided in any region of the country in accordance with the standards for providing living space. Other categories of military personnel vacate living quarters without providing living quarters.

For example, if a contract employee who is not provided with housing and has 10 to 20 years of service is dismissed due to his failure to fulfill the terms of the contract, then the benefit for obtaining housing or subsidies for its purchase is lost.

Providing living space

Military personnel with 10 or more years of service, discharged due to general medical conditions, health conditions, or reaching the age limit, who were registered before 01/01/2005 as needing living space can apply for:

1. Providing real estate ownership,
2. Provision of real estate under a social contract. hiring,
3. EDV for the purchase of real estate or construction.

A contract worker in need of housing can choose any form of provision of residential real estate, which is provided at the expense of budget funds. Depending on the specific situation and the form of housing provision, housing for military personnel transferred to the reserve is provided on the basis of current standards. Providing housing for citizens discharged from military service. enshrined in legislation, in accordance with the reasons for termination of service. For example, apartments for military personnel in Rostov-on-Don are available in the rented residential complex “Suvorovsky”.

When receiving an apartment, its dimensions are calculated based on the living space standards established by law. When receiving a subsidy, its amount is calculated based on the same standard of living space and length of military service in calendar terms, without taking into account preferential length of service.

To draw up a social tenancy agreement, the military person on the waiting list must submit a report on the vacancy of the office space, since before he hands over the office space, the social lease agreement. a lease cannot be concluded (according to clause 18 of the Instruction dated September 30, 2010 N 1280).

It turns out that the instructions for providing housing for military personnel. a person with 10 or more years of service, dismissed on the above grounds, is obligated to vacate the official housing occupied by him and family members, until he is allocated another living space as his own or under a social lease agreement, as well as subsidies for its acquisition.

However, in this case, in accordance with Article 14 of Federal Law No. 76, military personnel who are on the lists in need of improved housing conditions before 01/01/2005 have the right to receive compensation, the amount of which is determined by the Government.

Retirement without provision of living space

In accordance with the Federal Law “On the Status of Military Personnel,” compensation for renting housing to dismissed military personnel is due if they were recognized as in need of housing and were put on the waiting list before January 1, 2005. In addition, if they have 3 or more children in the family, the payment amount increases by 50%.

Military Housing Forum. and also those dedicated to military service, they often ask the question: can a serviceman without housing be discharged?

So, the following can fire a military man without providing living space:

• If the length of service is less than 10 years,
• If the length of service is from 10 to 20 years, retiring for reasons not related to general education, health status and reaching the age limit.
• If the serviceman agrees to such dismissal.

Read also: Is contract work included in seniority?

A Defender of the Fatherland who has 20 years of service or more has no right to be fired without being provided with living space; this category of military personnel must be provided with the required living space in any case.

Dismissal of a serviceman after receiving ownership of the living space or under a social contract. hiring does not entail any legal consequences limiting his rights to the residential premises already received.

Dismissal of a military man who has served from 10 to 20 years due to general medical conditions, health conditions and reaching the age limit, without allocating him housing, he retains the right to receive real estate as a property or under a social contract. hiring on a general basis.

In addition, if he does not want to live at the place of his service, and chooses another region for permanent residence, he has the right to receive EDV for the purchase of living space.

Providing housing to military personnel at their chosen place of residence (IPMZH) is a solution to the housing problem using a subsidy, does not contradict the law, and makes it possible to purchase your own apartment in any region of the country.

In addition, real estate purchased in this way is not limited in area, and if there is a shortage of funds allocated by the state for the desired living space, the subsidy can be supplemented from one’s own savings.

Under what conditions is housing provided to military personnel?

Russian legislation classifies military personnel as a special category of citizens who are guaranteed housing conditions, and the current procedure does not allow dismissal without the provision of housing. It is assumed that not only the apartment or house itself will be provided, but also payments of equivalent funds are possible.

Arriving officers and their families must be provided with accommodation during the quarter for the entire period of service in this garrison. If for some reason this is not possible, then it is possible to rent an apartment with subsequent compensation for expenses incurred. The amount of this payment is also regulated by regulations.

Housing can also be provided as part of social rent, while retaining the possibility of its subsequent privatization. But if the housing stock is located in a closed military camp, then this will be extremely difficult, since the objects are listed as the property of the Ministry of Defense.

Right to housing

Despite such complete protection of a serviceman’s right to housing, cases of dismissal without housing are not uncommon. And in a number of cases the court recognizes this measure as justified. Let's look at these nuances in more detail. So, each serviceman is provided with a service apartment for the period of residence in a military camp; accordingly, upon dismissal it will need to be vacated. But where should not only the officer himself, but also his family members go?

Receiving official housing retains their right to their previous housing for five years, and also leaves them on the waiting list for the category of those in need of housing or improvement of its conditions. Thus, termination of service in the ranks of a given military unit retains the officer’s right to participate in military mortgage programs or receive a one-time cash payment for the purchase of residential real estate.

If a serviceman, upon arrival at the unit, refused to occupy a service apartment, then, in order of priority, he will be allocated housing under a social rental agreement. Military personnel whose dismissal is connected with a guaranteed apartment can receive an apartment from the state for one of the following reasons:

• the length of military service is at least 20 years, and the termination of the relationship is associated with retirement;
• the length of service is 10 years, and the grounds for dismissal were organizational and staffing measures (reduction of staff in the civil service) or the officer reaching the age limit for performing military duties.

Only in these cases can you count on receiving housing as your own property or under a social rental agreement in the region of the country that will be chosen for subsequent residence. In this case, the area of ​​the future apartment is calculated according to current housing standards in proportion to the number of family members.

In all other cases, dismissal occurs without the provision of housing and with the loss of subsidy benefits. So, if the order indicates a violation of the terms of the contract, then providing housing at the expense of public funds becomes impossible.

The procedure for providing housing

If the length of service is more than ten years, the dismissal was forced - for medical reasons, age restrictions or as a result of organizational and staffing measures, and placement on the housing waiting list was made before 2005, then the military man has the right:

• obtain ownership of real estate;
• get an apartment as part of social rent;
• receive a subsidy for the purchase or construction of housing.

The form of exercising housing rights is up to the contract worker himself, but in any case at the expense of budget funds. When determining the area of ​​a future apartment, they are guided by current standards in this area, and even the apartment buildings themselves may be subject to assignment to military units of a particular subject of the Russian Federation. Families of those killed in the line of duty can also improve their living conditions. If the last option is chosen - a cash payment, then its size will be calculated in proportion to the housing standard and service life in calendar years.

A small legal incident arises when concluding a social tenancy agreement, since according to legal requirements, at the time of signing it, the contract worker himself and his family members must have already left the official housing. At the same time, social rent housing is distributed on a first-come, first-served basis, and the military has to rent square meters so as not to literally be left on the street. However, the state provides compensation for such costs, the amount of which for large families is increased by 50%.

The nuances of providing living space during retirement

For what reasons does someone retire without housing? The answer to this question is exactly the opposite of the one stated above:

• less than 10 years of military experience;
• dismissal for reasons not related to organizational and staffing measures, health or age of the serviceman;
• consent of the Defender of the Fatherland to this option (must be in writing).

A career officer who has served for at least twenty years cannot be dismissed without the provision of housing. If he leaves the service after receiving a state apartment, this does not impose on him any legal obligations or restrictions in terms of managing its future fate. If a military man was dismissed during the period from 10 to 20 years of service on grounds regulated by law, then he may not be allocated housing, but retained the right to receive it in the future on a general basis.

If he moves, he can use a lump sum payment to purchase or build his own family nest without restrictions on area, since the law does not prohibit him from adding his own funds to this subsidy.

Alexander 01/17/2016 00:09

As a former military man, I very much understand the desire of Russian legislators to provide housing for military personnel. What is especially pleasant is that it is impossible by law to dismiss a serviceman without providing housing. There are exceptions related to length of service and reason for dismissal. It so happened that I had to serve in the army of the USSR, then in the army of Ukraine, then in the army of Russia. I quit without being provided with housing. This question remains open. I think I will return to his decision.

Valery 5/5/2016 09:08

Your example is far from isolated. Russia is doing the right thing by taking care of its own military personnel. The issue of providing housing to persons who retired from the armies of the former republics of the Soviet Union, but who accepted Russian citizenship, has not yet been resolved.

Ignat 05/08/2016 08:06

It is necessary to distinguish between the provision of service housing to a serviceman and his family and, so to speak, permanent housing. The first must be provided within a quarter after arrival at the garrison. A permanent one can only be obtained after serving for at least 3 years. And this is only to become a participant in the military mortgage.

Natalia 11/13/2016 21:56

Hello. My husband and I (no children) have been on the waiting list for housing since 2007. In 2011 Due to organizational arrangements, my husband's position was reduced. To date, he has not been dismissed from the Armed Forces; he is waiting for housing. How long all this will last is unknown.

The question is: if we divorce him, will this affect his place in the queue and the footage he receives? As far as I understand, one or two people are still entitled to a one-room apartment. And is it true that due to a change in his marital status, he will have to get on the waiting list again?