On August 29, 2018, on the Federal Portal of Draft Regulatory Legal Acts, a card of the draft law on amendments to Article 9 of the Federal Law "On the accumulation and mortgage system of housing provision for military personnel" was published.
The project was prepared by FGKU "Rosvoenipoteka". According to the description, the bill regulates and establishes the basis for the inclusion of soldiers and sergeants in the register of participants in the accumulative mortgage system - the achievement by them of the duration of military service under the contract three years.
It is assumed that the regulatory legal act, if adopted, will enter into force in a year - in October 2019.
We do not yet have official comments and clarifications, but preliminary we have come to the following conclusions.
Participants of the NIS of the voluntary category often lose their savings
Currently, of all military personnel who signed the first contract after January 1, 2005, only privates and non-commissioned officers belong to the voluntary category of NIS participants.
Unlike the rest, they need to submit a report to enter the program and be included in the register.
In practice, it often turned out that the serviceman either did not know that it was necessary to submit a report, or did not dare to join the NIS, or his documents were lost. In such cases, it was included in the register late, not only savings were lost, but also investment income.
In our VKontakte group questions are regularly asked related to late inclusion in the register and insufficient information about the right to enter into a military mortgage.
This problem is also being discussed at a high state level. Based on the results of joint meetings of the Federation Council Committee on Defense and Security, the Committee on Social Policy and the Committee on the Budget and Financial Markets, it was adopted. The Federation Council noted that the procedure for restoring lost investment income has not been determined, and therefore military personnel have to restore their rights through the courts. FGKU "Rosvoenipoteka" recommended to eliminate the existing injustice and work out the issue of compensation for lost income.
We believe that one of the goals of the draft law was precisely the elimination of the conditions and prerequisites for the loss of savings by military personnel of the voluntary category.
We do not know whether the issue of compensation for damages to those who will not fall under the new law will be decided, but apparently, the state does not have a real opportunity to find funds for compensation. As previously reported, at the end of 2018, the deficit of federal budget funds allocated for the operation of the NIS will amount to almost 94 billion rubles. This is about a third of the sum of all savings accounted for in the registered accounts of NIS participants.
What to expect for soldiers (sailors), sergeants and foremen in 2019
We are waiting for the publication of the text of the bill, but from its description it follows that after the fall of 2019, the NIS will become the only possible form of housing for those entering the service under the contract. Privates, sergeants and foremen will no longer be able to choose between NIS and, for example, a subsidy.
Whether this is good or not, we find it difficult to say, but in general, the amount that a serviceman can count on for 20 years of service on a subsidy and on a military mortgage is approximately equal. This can be verified using the savings calculator of the NIS participant, posted on our website.
To date, there is still at least one "loophole": there is judicial practice when a participant in the NIS of a voluntary category who did not use the CHL filed a report and through the court achieved an exclusion from the register of participants in the NIS.
Another option is that the legislator wants to exclude situations where the first contract for a serviceman was terminated ahead of schedule and, having concluded a second one, some could become a member of the NIS already with a length of service of 1 year or even less.
- Persons who graduated from military educational institutions of vocational education and received the first military rank of officer after 01.01.2005. If these persons entered into the first contract before 01/01/2005, they can also become participants by expressing their desire;
- Officers who are called up for military service from the reserve or voluntarily enlisted from the reserve. In this case, the first contract for military service must be concluded from 01.01.2005;
- Ensigns, midshipmen, whose service life is three years from 01/01/2005. If the contract was concluded by these persons earlier than 01/01/2005, they can also become participants in the accumulative mortgage system;
- Sergeants, foremen, soldiers, sailors who have entered into a second contract for service since 01/01/2005;
- Persons who graduated from any military, educational institution after 01/01/2005 and before 01/01/2008. At the same time, they must receive the first military rank of an officer in the process of training;
- Persons who received their first officer rank in connection with the conclusion of a military service contract for which the state provides for the rank of officer. The title must be obtained starting from 01.01.2005;
- Military personnel who completed courses for the training of junior officers and, in connection with this, received their first military rank of officer after 01/01/2005. The total duration of military service must be less than 3 years. If these persons received their first military rank before 01/01/2008, they may wish to become members of the NIS;
Grounds for including a serviceman in the register of NIS participants
- Obtaining the first military rank - for those who graduated from a military educational institution of vocational education and concluded the first contract for military service starting from 01.01.2005;
- Conclusion of the first military service contract - for officers who were called up for military service from the reserve or entered it voluntarily;
- Military service under a contract for three years - for ensigns and midshipmen who signed a contract for military service after 01/01/2005;
- A written request for their inclusion in the register of participants - for sergeants, foremen, soldiers, sailors;
- Written application for inclusion in the register of participants - for persons who graduated from a military educational institution of vocational education after 01/01/2005 and concluded the first contract for military service before 01/01/2005;
- A written request for inclusion in the register of participants - for warrant officers and midshipmen, whose total duration of contract service was three years after 01/01/2005 when the contract was concluded before 01/01/2005;
- Written application for inclusion in the register - for persons who graduated from a military educational institution from 01/01/2005 to 01/01/2008 and received the rank of officer in the process of training;
- Obtaining the rank of officer - for the military who do not have the military rank of officer or received the first military rank of officer after entering the service, which provides for the rank of officer after 01.01.2008;
- Written application for inclusion in the register of participants - for the military who do not have the rank of officer or received the military rank of officer after entering the service providing for the rank of officer. The contract must be concluded after 01.01.2005 and before 01.01.2008;
- Obtaining the first military rank - for the military, who received the rank of officer after 01/01/2008;
- A written request for inclusion in the register of participants for the military who received the rank of officer after being appointed to a military position from 01/01/2005 to 01/01/2008;
- Obtaining the first officer rank - for the military who received the first officer rank after completing junior officer training courses after 01/01/2008;
- A new contract for military service - for the military who entered the reserve on a voluntary basis, if they were excluded from the register of participants and did not receive the payment of money specified in paragraph 3 of part 1 of Article 4 of the Federal Law or if did not use the right to become members of the NIS;
- The total service life is 20 years - for the military who voluntarily entered service from the reserve or if they were excluded from the register of program participants and at the same time received the payment of funds specified in clause 3, paragraph 1, article 4 of the Federal Law.
The procedure for inclusion in the NIS register
The list of actions, as well as documents for inclusion of NIS participants in the register, was established in accordance with the order of the Minister of Defense of the Russian Federation dated February 28, 2013: Order No. 1166 “On Approval of the Procedure for Implementing the Savings and Mortgage Housing System for Military Personnel in the Armed Forces of the Russian Federation”.
The list of categories of military personnel who are entitled to voluntary and mandatory participation in the NIS is recorded in Article 9 of the Federal Law of August 20, 2004. No. 117-FZ "On the accumulative-mortgage system of housing for military personnel"
Forms and maintains the register of the Housing Department of the Ministry of Defense of the Russian Federation.
Step by step procedure for inclusion in the register:
- Obtaining grounds for including a serviceman in the register of NIS participants;
- The person responsible for the implementation of the NIS in this military unit must draw up a list of data to include the employee in the register. The list is drawn up according to the form in accordance with Appendix No. 1 to the Procedure for the implementation of the accumulative-mortgage housing system for military personnel in the Armed Forces of the Russian Federation;
- The list must be signed by the head of the personnel department of the given military unit and the commander of the military unit;
- If the list includes sergeants, foremen, soldiers, sailors, it must include: a copy of the report of the serviceman (drawn up in accordance with Appendix No. 2 to the Procedure for the implementation of the accumulative-mortgage housing system for military personnel in the Armed Forces of the Russian Federation; a copy of the passport; a copy of the first contract (if the employee is a sergeant, foreman, sailor - a copy of the second contract); explanation of the responsible official (if the period between the basis for inclusion in the register and the date the list is provided to the commander of the military unit is more than three months).
Also, together with all the necessary documents, a personal card of the NIS participant must be drawn up and entered in the personal file in the form approved by the order of the Minister of Defense of the Russian Federation of June 8, 2005 No. 225 (Appendix No. 4, form No. 2 / NIS);
- Documentation for inclusion in the register of NIS participants must be sent from the military unit to the regional housing department (RUZhO) of the Ministry of Defense of the Russian Federation, on whose provision the military unit is located;
- At the last stage, a set of documents must be sent to the Department of Housing, and the soldier must receive a notice of entry on the register. The notice must contain the registration number of the participant.
The procedure for obtaining an NIS certificate
In the Ministry of Defense of Russia, the procedure for issuing a Certificate is established by order of the Minister of Defense of the Russian Federation dated February 28, 2013 No. 166 “On approval of the procedure for implementing the accumulative and mortgage system of housing for military personnel in the Armed Forces of the Russian Federation”.
In accordance with paragraph 45 of the Procedure, each participant, after at least 3 years of his participation in the accumulative mortgage system of housing for military personnel (NIS), who has expressed a desire to receive a targeted housing loan (CLL), submits a report addressed to the commander of the military unit in the form. The report is subject to registration in the prescribed manner.
In accordance with paragraph 46, the official responsible for the implementation of the NIS in the military unit, based on the reports of the participants in the NIS, generates information in accordance with the form and sends it to the regional housing department (RUZHO).
RUJO generates summary information about NIS participants who have expressed a desire to receive a CPL and submits them to the Department of Housing of the Ministry of Defense of the Russian Federation (hereinafter referred to as the registration authority).
The registering authority, on the basis of the summary information provided by the RUJO, forms the summary information for the Ministry of Defense of Russia and, no later than the 5th day of the month following the month of receipt of information from the RUJO, submits it to Rosvoinipotek.
Based on the information received from the registration authority, FGKU “Rosvoinipotek” issues a Certificate to the NIS participant by the end of the current month and sends it to the registration authority within 3 working days from the date of its signing.
The registering authority, within one month from the date of receipt of the Certificate, ensures that it is brought to the NIS participant by sending it by mail (express mail) through the regional housing departments or directly to the NIS participant.
Exclusion from the NIS register and repayment of the CPL
In accordance with Part 3 of Article 9 of Federal Law No. 117-FZ of August 20, 2004 “On the Savings and Mortgage System of Housing for Military Personnel”, the basis for the exclusion of a serviceman by the federal executive body, in which the federal law provides for military service, from the register of participants is :
- his dismissal from military service;
- his exclusion from the lists of personnel of the military unit in connection with his death or death, his recognition in the manner prescribed by law as missing or declaring him dead;
- fulfillment by the state of its obligations to provide a serviceman during the period of military service with residential premises (with the exception of residential premises of a specialized housing stock) in another way provided for by regulatory legal acts of the President of the Russian Federation at the expense of the federal budget.
In a market economy, military personnel are not able to earn money to purchase housing as property. The accumulative mortgage system for military personnel (hereinafter NIS) is called upon to correct this situation.
In 2019, most active military personnel can become automatic or voluntary participants in the program. It allows you to take a mortgage already in the fourth year of participation and not worry about its repayment.
What it is
NIS is a set of activities carried out by several government agencies. These include:
- Ministry of Defense.
- Federal Office "Rosvoenipoteka";
- Agency for Housing Mortgage Lending (AHML).
The essence of the program is as follows:
- Funds are allocated from the state treasury and transferred to personal accounts
- Only the military, falling under the established parameters, can get the right to accumulate.
- Money has a specific purpose, therefore, it is allowed to spend it:
- to buy an apartment or house;
- to pay off a mortgage.
Who can join the system
- those who received officer ranks after graduating from educational institutions from 01.01.05;
- signed a contract for;
- midshipmen and warrant officers who began their service on 01.01.05, after a three-year term;
- soldiers, foremen, sergeants the right to participate gives a re-contract signed after 01.01.05.
School graduates automatically join the savings system when they receive their first rank. The lists are prepared by the Ministry of Defense. The rest of the soldiers and officers must declare their desire to take part in the program. This is done by submitting a report to higher management.
Attention: the relatives of the dead soldiers are provided with preferences related to the provision of money credited to the personal account of the deceased.
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Who is excluded from the participants
- death of a soldier;
- recognition by the court as missing;
- dismissal from military service;
- allocation of an apartment (house) at the expense of the state budget.
Special conditions
The law allows you to use the accumulated money in any locality of the country. This leads to the need to provide the military and his family with housing at the place of service. These factors are also taken into account in the conditions of the program.
They provide that participation in the system:
- does not affect the right to receive service housing;
- is not related to the ownership of real estate by the military or his relatives.
How the military is included in the NIS
The rules for registration of participants were approved by government decree No. 89 of 21.02.05. In particular, there is a limiting clause in the text of the document:
- only a citizen of the Russian Federation can become a member of the savings program;
- the applicant must have a contract with the Ministry of Defense.
Registration is carried out by entering the participant's data into the register. In 2019, graduates do not need to submit a report. All information will be included in the list automatically, upon the submission of the educational institution (after signing the contract).
Attention: there is a different set of measures for providing housing. They are not included in the NIS.
Voluntary applicants are required to write a report addressed to the head of the unit. The document is registered in the office and sent to Rosvoenipoteka. After checking the information, the applicant receives a notification that his data is included in the register and the funds are credited to the personal account.
Hint: the first day of participation in the system is the date of submission of the report. Download for viewing and printing:
How is the transfer of money from the state budget
After the applicant is included in the register, information about the registration number is sent to him. It is sent in writing to the address of the military unit indicated in the report. This information is required for:
- confirmation of the fact of participation in the NIS;
- tracking the accumulation process;
- spending money planning.
Important: the transfer is made monthly:
- in the amount of 1/12 of the contribution established for the current year;
- from the date of submission of the report;
- for college graduates - from the day the first title was awarded.
Thus, the amount of military accumulation depends on two factors:
- The amount of the annual contribution from the federal budget, established by the Government of the Russian Federation.
- Period of participation in the system.
Accumulation does not depend on the following factors:
- the number of family members;
- positions, titles, etc.
How and when to spend money
The procedure for the use of funds is prescribed by law. The right to invest them is received by the participants of the system, subject to certain conditions:
Hint: savings are indexed annually. In addition, for their use in investment projects, military personnel are charged a certain percentage.About the amount of the contribution
The initial amount is established by law. Thanks to the annual indexing, its value increases annually. So, in total for 2017, each participant received 260,141.0 rubles.
For information: transfers in previous years are as follows:
- 2012 - 205.2 thousand rubles;
- 2013 - 222.0 thousand rubles
How to purchase a home
The algorithm for investing funds is similar to applying for a mortgage. So, the participant of the program will have to do the following:
- Study the offers of partner financial institutions (the list is on the program website).
- Choose the right bank.
- Order a calculation for the maximum amount, taking into account the conditions of the lender.
Hint: Mortgages are calculated in such a way that the last installment of the soldier is before his 45th birthday.
- Choose housing of your choice within the amount indicated by the lender.
- Conclude a preliminary agreement with the seller and conduct an independent assessment of the value of the property.
- Sign a loan agreement on the basis of the documents provided (indicated in the previous paragraph).
- Insure the purchased property.
- Conclude a contract of sale.
- Send a package of documents to FGKU Rosvoinipoteka to organize the transfer of funds to the bank.
Attention: housing is immediately registered as the property of the military. However, until the end of the terms of the transaction, it is jointly pledged to:
- states;
- credit organization.
When is the best time to invest
Due to the different subtleties of the conditions for the use of funds, it is necessary to consider the following:
- if you conclude a mortgage agreement after three years of military service, you will have to:
- remain in the military for at least ten years of service;
- repay the balance of the loan from own funds in case of early dismissal;
- if you wait until 20 years of experience, then:
- enough savings for a large apartment;
- The rest of the loan will be paid by the budget.
Reference: if a soldier dies in the line of duty (or is recognized as missing), then relatives receive the right:
- to receive money from a personal account;
- to continue repayments on the loan under the signed agreements.
Advantages and disadvantages of the program
The following circumstances are recognized as indisputable advantages of military savings for apartments and houses:
- the amount of earthly funds allows you to purchase good housing (credit to the defenders of the Fatherland is provided in a larger volume than to civilians);
- you can buy a house in any corner of the country;
- the military is freed from the need to worry about where his family will live after the dismissal;
- in addition, he does not spend money from his salary on the purchase of real estate.
The disadvantages include the design process. It requires a lot of paperwork. We have to conclude contracts, involve specialists, which is quite difficult without legal support.
In addition, the system participant is obliged to deposit money from his own pocket for:
- conducting an independent assessment of real estate;
- insurance;
- real estate and legal services.
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Step by step procedure for inclusion in the register:
- – Obtaining grounds for including a serviceman in the register of NIS participants;
- - The person responsible for the implementation of the NIS in this military unit must draw up a list of data to include the employee in the register. The list is drawn up according to the form in accordance with Appendix No. 1 to the Procedure for the implementation of the accumulative-mortgage housing system for military personnel in the Armed Forces of the Russian Federation;
- - The list must be signed by the head of the personnel department of this military unit and the commander of the military unit;
- - If the list includes sergeants, foremen, soldiers, sailors, it should include: a copy of the report of the serviceman (issued in accordance with Appendix No. contract (if the employee is a sergeant, foreman, sailor - a copy of the second contract); explanation of the responsible official (if the period between the basis for inclusion in the register and the date the list is provided to the commander of the military unit is more than three months).
- - Documentation for inclusion in the register of participants in the NIS must be sent from the military unit to the regional housing department (RUZhO) of the Ministry of Defense of the Russian Federation, on whose provision the military unit is located;
- - At the last stage, a set of documents must be sent to the Department of Housing. And the soldier must receive a notice of entry into the register. The notice must contain the registration number of the participant;
How does a military mortgage work?
The idea of a military mortgage is to replace the state's housing obligations to military money. That is, the serviceman receives not an apartment due to him, but in cash. A savings mortgage account has been opened for each participant in the program, to which the state makes monthly cash contributions.What generates income?
At the expense of the federal budget. The value is determined at the legislative level and indexed. At the same time, the type of troops, the rank of the participant do not affect the amount of contributions. Accounting for funds and their transfer is carried out by the Federal Institution "Rosvoenipoteka".Program conditions!
A serviceman can use funded contributions from the state only in strictly defined cases established by law. These are the cases:- - After 20 years of service;
- - After 10 years of service upon dismissal from the army. This also includes dismissal as a result of reaching a certain age, reduction, recognition of a soldier as limited fit for service;
- — As a targeted housing loan provided by Rosvoenipoteka;
- - The conditions of the military mortgage allow you to buy housing not in 10 or 20 years, but right now. The amount of the mortgage loan consists of the funds already accumulated in the account, but is limited to the amount that the program participant must accumulate by the end of the service. We can say that this is an advance of own savings. When the term of service of the participant comes to an end, the loan will be automatically repaid, and the obligations to Rosvoenipoteka will be fulfilled.
Loan conditions:
- – The borrower’s service life must be at least three years from the date of inclusion in the military mortgage program;
- - A prerequisite is the intended use of the money provided on loan: an initial installment on a housing loan, payments on it, participation in shared construction, purchase of housing;
- — Acquired housing is pledged to the state until the loan is fully repaid;
- — The amount of the loan depends on the term of service;
Order 245 of the Ministry of Defense on the Procedure for the implementation of the NIS has been amended. Order No. 374 dated July 2, 2018 clarified the categories of NIS participants, the procedure for document management for maintaining the register and processing data. The changes come into force on 04.08.2018.
Clarification of categories of NIS participants
Associated with the restoration of the savings of NIS participants who were dismissed on positive grounds and subsequently re-entered the military service. However, the changes made to the law back in March 2017 did not work for practice. Servicemen who have the right to restore their accumulated funds when concluding new contracts faced the fact that the registration authority included them in the register under category 16, that is, without the right to restore savings. The explanations of the regional body and housing departments boiled down to the fact that the entire responsibility for the restoration of savings lies with FGKU "Rosvoenipoteka".
Related materials
Order No. 374 clarifies the interpretation of categories 15, 16 and 17:Category 16 includes servicemen who were dismissed on negative grounds and signed a new contract. Savings for previous participation in NIS are not restored. Also, category 16 includes military personnel who previously had the right to voluntary participation in the NIS, but did not use it, and subsequently concluded a contract from the reserve or received a rank (for example, warrant officer).
Information on a target housing loan
The tables of information for obtaining a targeted housing loan (Appendix No. 13, 14, 15) are supplemented with a new column containing information on the date of the age limit or the date of the contract concluded over the age limit.
This change is aimed at the possibility of repayment of a targeted housing loan not up to the age of 45, as is currently the case, but up to the maximum or superlimit age determined by law in each specific case.
Recall. In 2014, in 53-FZ on the age limit for military service.
