Denial of social housing. Grounds for refusing to provide housing or subsidies to a soldier How to refuse housing

The state pays great attention to providing military personnel with the necessary housing. Based on the current legislation, each military man must be provided with funds for the acquisition or construction of his own living space, or he must be provided with living space.

Of course, every person dreams of their own apartment, and at first glance it seems that there are no people who want to refuse the housing provided. Nevertheless, in practice, it is far from uncommon when a person doing military service under a contract, or a professional military man, refuses the allocated living space.

In this material, we will talk about why it is not always profitable to receive housing from the state, and how to properly issue a corresponding refusal.

Introduction to the topic

The first part of Federal Law No. 76 of May 27, 1998 guarantees that every serviceman of the Russian Federation must be provided with housing or monetary compensation for hiring, while the living space provided by the state must meet the requirements prescribed in another article of the legislative act - article 15.1. According to its text, a serviceman must be provided with housing of at least 18 m², at the same time, exactly the same area relies on each member of the military family with whom he lives together.

The same article talks about the procedure for actions in cases where the state cannot provide a serviceman with housing that is due to him. In such situations it is possible:

provision of a smaller living space;
provision of housing from the maneuvering fund of the RF Ministry of Defense;
provision of housing in a hostel.

Along with this, the implementation of these options requires the written consent of the serviceman. Housing in such cases is allocated temporarily - until an apartment with the appropriate area is found. If he refuses all possible ways to solve the problem, then the state undertakes to rent suitable housing for him or pay monetary compensation. The soldier receives it along with the monthly allowance.

How to file a waiver

It is worth noting that if a soldier is provided with any housing, he has the right to refuse it, however, there must be appropriate grounds for this.

In order to correctly issue a waiver of housing, you must refer to one of the following provisions:

the area of housing provided is less than that required by law (FZ No. 76 of 05/27/98);
the living space does not meet the sanitary and epidemiological requirements that apply to all residential premises. This includes defects in finishes, the presence of fungi, lack of furniture, sanitary facilities, etc.
new housing conditions are worse than before. Federal Law No. 76 of May 27, 1998 prohibits worsening the living conditions of military personnel.

Appropriate motivation for refusal is of great importance. If the reason why you refuse housing is considered not convincing, you may even be excluded from the queue for an apartment. Not only does this mean that you cannot claim future living space, but it also means that you have no basis for receiving cash compensation for rent.

When Can You Benefit From Service Housing?

There are plenty of situations where giving up corporate housing can be much more beneficial. To begin with, it is worth immediately highlighting all cases when the proposed housing simply does not correspond to its status: there are obvious defects, the housing does not meet sanitary conditions. Apartments in emergency and dilapidated houses are also sufficient reason to think about refusal.

If the housing offered is less than what you are entitled to by law, it is also advantageous in many cases to refuse to receive it in favor of the compensation paid. Often there are situations when a serviceman rents an apartment at the expense of sublease money paid to him, while the proposed apartment can be much smaller, or geographically located in an inconvenient place. In such cases, it is also beneficial for the serviceman to refuse to receive it.

In addition, often the form of security in the form of payment of monetary compensation is made in an amount exceeding the cost of renting housing. Thus, the soldier gets the opportunity to accumulate finances or use them for their own needs. In such cases, it may seem to many that it is more beneficial to keep the compensation for hiring. Nevertheless, it is worth recalling once again that the refusal must be motivated, so you need to provide some, albeit formal, but still a good reason.

Registration procedure

The refusal must be processed within 5 days after the serviceman was informed about the proposed living space. Within this period, it is necessary to send a personal written refusal to the appropriate subdivision of the authorized body. It is issued on form No. 2, which is always attached to the message on the proposed living space. The application form can be free, but it is recommended to use form No. 4, attached to the special instruction of the Ministry of Defense of the Russian Federation. According to her, the message should indicate the following:

The current date;
the text “I refuse to provide the accommodation indicated in this message”;
below it is recommended to indicate the reasons for refusal;
signature and its transcript.

If within 10 days the serviceman has not sent a refusal or consent to the housing provided to the appropriate subdivision of the authorized body, the living space will be provided to other citizens who are in line for receiving a service apartment, while the serviceman himself will subsequently lose the right to claim housing. At the same time, he will also lose the right to receive monetary compensation for rental housing, which is why, if you do not agree with the housing received, you must write a written refusal.

Important Points

It is also worth mentioning some important points.

in the event that you have decided to refuse the provided apartment, you can be transferred back one by one and wait for the next offer indefinitely;
the service apartment cannot be privatized in the future. This is a significant argument for many military personnel in favor of renting housing at the expense of monetary compensation;
a service apartment is provided only to military personnel who do not have any other housing in the region in which they perform military service.

Thus, each serviceman has the right to both claim living space and refuse it if he provides strong arguments in favor of its inconsistency with current legislation.

Hello. Can you please let me know if it is legal to refuse housing? My uncle lives in the Chelyabinsk region, the city of Verkhny Ufaley, in 1992 he was on the waiting list for housing. In 2013, he was informed that the turn had come. He is disabled, recognized as insane. His mother is a guardian. When they were called to the administration and informed that the turn had come, the administration asked her to write that her son allegedly lives with her in the apartment. In fact, he lives in a private house, which is in very poor condition, and besides, there was a fire, after which the roof burned down. The house was slightly repaired (i.e. they made a roof, but not a capital one, because both are pensioners and there is no such money to do everything right). Cohabitation is not possible, because he is sick with schizophrenia, and even more so, he is not able to maintain a house (chopping firewood, he does not have a bath, etc. ...). The administration refused to receive housing, justifying verbally that he was incapacitated, and his mother was a guardian, and she would get the apartment. Arzamastseva Lyubov Fedorovna
Yekaterinburg In accordance with the Housing Code of the Russian Federation, citizens in need of residential premises provided under social rental agreements are recognized:
a) who are tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises or family members of the owner of residential premises and provided with residential premises with a total area per person less than the accounting norm;
b) who are not tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises or family members of the owner of residential premises;
c) living in a room that does not meet the requirements established for residential premises;
d) who are tenants of residential premises under social tenancy agreements, family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises, family members of the owner of residential premises living in an apartment occupied by several families, if the family includes a patient suffering from a severe form of chronic a disease in which cohabitation with him in the same apartment is impossible, and who do not have other living quarters occupied under a social tenancy agreement or owned by the right of ownership.
For your information, we inform you that Article 26 of the Federal Law of January 17, 1992 N 2202-I "On the Prosecutor's Office of the Russian Federation" defines the subject of prosecutorial supervision over the observance of the rights and freedoms of man and citizen. Observance of human and civil rights and freedoms, in particular, by federal executive bodies, representative (legislative) and executive bodies of constituent entities of the Russian Federation, and local governments, are named as such a subject of supervision. In the exercise of the functions assigned to him, the prosecutor considers and checks applications, complaints and other reports of violations of the rights and freedoms of a person and a citizen, explains to the victims the procedure for protecting their rights and freedoms, takes measures to prevent and suppress violations of the rights and freedoms of a person and a citizen, to attract to responsibility of those who violate the law.

Tell me please. I am an employee with 20 years of experience. I don't have my own home. Collected and submitted documents for a subsidy for the purchase of housing. According to Federal Law No. 247, my family consists of one person - me, the following is an excerpt: "Family members of an employee and a citizen of the Russian Federation, dismissed from service in the internal affairs bodies, and persons who are (were) dependent on them, to whom this Federal Law, the following are considered: 1) a spouse (husband) who is (was) in a registered marriage with an employee; 2) minor children, children over 18 years of age who became disabled before they reach the age of 18, children under the age of 23 studying in educational institutions for full-time education; 3) persons who are (were) fully supported by an employee (a citizen of the Russian Federation, dismissed from service in the internal affairs bodies) or receiving (receiving) from him assistance, which is (was) permanent for them and the main source of livelihood, as well as other persons recognized as dependents in the manner prescribed by the legislation of the Russian Federation federation." On what grounds do they refuse me in advance, due to the fact that the elderly mother is considered a member of the family, on the basis that we live together. My mother owns a living space, where I am registered. But after all, the list of family members precisely for the purposes of subsidizing is clearly defined in Federal Law 247, and what does the housing or some other code have to do with it? Please tell me. Voznesenskaya Yulia Vitalievna
Krasnodar In accordance with the Federal Law of July 19, 2011 N 247-FZ
"On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" (hereinafter referred to as the Law), a one-time social payment is provided to an employee of the internal affairs bodies of the Russian Federation (hereinafter referred to as the employee) within the budget allocations provided for by the federal executive body in the field of internal affairs, by decision of the head of the federal executive body in the field of internal affairs, the head of another federal executive body in which employees serve, provided that the employee, in particular, is not a tenant of housing under a social contract of employment or a member the family of the tenant of the dwelling under a social tenancy agreement or the owner of the dwelling or a family member of the owner of the dwelling.
The law defines the family members of an employee. At the same time, according to Art. 31 of the Housing Code of the Russian Federation (LC RF), the family members of the owner of the dwelling include his spouse living together with the owner in the dwelling belonging to him, as well as the children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner's family if they are moved in by the owner as members of his family.
In accordance with Art. 5 of the Housing Code of the Russian Federation, in case of inconsistency between the norms of housing legislation contained in federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulatory legal acts of local governments, and the provisions of the Housing Code of the Russian Federation, the provisions of the Housing Code of the Russian Federation shall apply.

Source: http://civitas.ru

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Khamatova Reseda(09/23/2014 at 10:16:50)

This is a widespread practice of officials. But don't worry, the Law is on your side. After all, the LC RF says:

Article 51
1. Citizens in need of residential premises provided under social rental agreements are recognized (hereinafter referred to as those in need of residential premises):

1) who are not tenants of residential premises under social rental contracts, residential premises of the housing fund for social use, or family members of the tenant of residential premises under a social rental agreement, a contract for the rental of residential premises of the social housing fund, or owners of residential premises or family members of the owner of residential premises;

2) who are tenants of residential premises under social tenancy agreements, residential tenancy agreements of the social housing fund or members of the family of the tenant of residential premises under a social tenancy agreement, a residential tenancy agreement of the social housing fund, or owners of residential premises or members of the family of the owner of residential premises and secured the total living area per family member is less than the accounting norm;

3) living in premises that do not meet the requirements established for residential premises;

4) who are tenants of residential premises under social tenancy agreements, residential tenancy agreements of the social housing fund, members of the family of the tenant of residential premises under a social tenancy agreement, a residential tenancy agreement of the social housing fund or owners of residential premises, family members of the owner of residential premises, living in an apartment occupied by several families, if the family has a patient suffering from a severe form of a chronic disease, in which it is impossible to live together with him in the same apartment, and who do not have other living quarters occupied under a social tenancy agreement, a tenancy agreement for housing stock social use or owned by . The list of relevant diseases is established by the federal executive body authorized by the Government of the Russian Federation.

2. If a citizen and (or) his family members have several residential premises occupied under social tenancy agreements, residential tenancy agreements of the social housing stock and (or) belonging to them on the basis of ownership, the determination of the level of provision with the total area of the residential premises is carried out on the basis of from the total total area of all specified residential premises.

You need to go to court and defend yours. There is a big positive in such cases. You will most likely win.

1. Can I find out if the court can refuse me housing for orphans.

1.1. Formulate your question so that lawyers can competently answer it for you.

2. Can I (an orphan) be denied housing if I get married?

2.1. Good evening. You have no right to refuse to provide housing. area.

3. Can an orphan be denied an apartment when he has a living area of 15 m2.

3.1. Hello.

Unfortunately, they can.

4. I am an orphan and I was denied housing. What to do?

4.1. File a complaint with the prosecutor's office and appeal the refusal in court.

5. How to refuse housing for an orphan in one city and get housing in another city.

5.1. Please contact your guardian regarding this matter. According to the law - 159 F.Z, housing for an orphan will be provided at the place of permanent residence - registration

6. My husband has a share in the apartment 1/5 (90 sq.m.), can I be denied housing as an orphan.

6.1. ---anyway. meters for the two of you is not enough.

7. Sample complaint against refusal to provide housing for an orphan.

7.1. Write in free form - where, from whom, state the situation, your requirements - take action. If there is a complaint to the court - contact the lawyers of the site privately - this is a paid service

8. I want to know if there is a chance to get an apartment if I am an orphan and a father deprived of parental rights, at the moment I am 25 years old, quite a lot of time has passed since the age of eighteen, when I was 18 years old, guardianship refused to issue an apartment because the living area allowed me to live at home .

8.1. No, they put up to 23 years on the waiting list.

9. I am an orphan, currently on the waiting list for housing and am in an interesting position. Can I be denied an apartment if I register the child with the father or if we sign?

9.1. You have every right to receive an apartment.

9.2. Good afternoon.
You may question my words, but federal law simply does not provide for waiting in line! You need to sue and get an apartment out of turn and without any waiting. I have a good track record in this kind of cases. Of course, without the help of a lawyer, it will be difficult for you. Contact a lawyer personally, he will help draw up such a statement of claim and give all the necessary explanations.

10. I was given housing as an orphan, tell me if I can refuse it, due to the fact that I cannot poison cockroaches for half a year, I have a small child, there are always drunks in the entrance, and homeless people spend the night under the door.

10.1. You need to contact the Criminal Code, the local administration and the police.

11. I am an orphan standing in line for an apartment. Can I buy a plot of izhs? So that I would not be denied housing later.

11.1. You have every right, a plot for individual housing construction is not a residential building.

12. I am an orphan, 22 years old, half a year left until I admit that it is impossible to receive housing from the state. The local self-government authorities refused to put me on the waiting list, as there was enough living space at the place of registration, but until 2018 it was not enough and I applied for which I also received a refusal. I filed an application with the prosecutor's office but forgot to attach some documents, is it possible to re-send the application to the prosecutor's office.

12.1. Yes, you can apply to the prosecutor's office as many times as you like.

13. The apartment was given to an orphan; the house burned down through no fault of his in providing housing; a minor child was registered in the apartment.

13.1. It all depends on local laws. But if the apartment was owned by him, and he did not insure it, the state is not obliged to provide other housing (registration has nothing to do with it) in this case, even for such a category of citizens.

If it is difficult for you to formulate a question, call the free multi-channel phone 8 800 505-91-11 a lawyer will help you

On March 1, 2005, the Housing Code of the Russian Federation came into force, work on which lasted more than 10 years. The Housing Code of the Russian Federation was adopted in the package of laws "Affordable Housing", which also included laws on amendments to the Civil Code of the Russian Federation, the Civil Procedure Code of the Russian Federation, the Federal Law "On Mortgage (Pledge of Real Estate)" and others. Under social tenancy agreements, residential premises can only be provided to low-income citizens recognized as such by the local government, in the manner prescribed by the relevant law of the constituent entity of the Russian Federation, taking into account the income attributable to each family member and the value of property owned by family members and subject to taxation ( part 2 of article 49 of the Housing Code of the Russian Federation).

Under social tenancy agreements, housing is also provided to other citizens defined by law who may be recognized in accordance with the standards established by the Housing Code of the Russian Federation, federal law or the law of a constituent entity of the Russian Federation as needing residential premises (Part 3 of Article 49 of the Housing Code of the Russian Federation).

These norms do not cover the cases of providing housing in accordance with special programs adopted at the relevant levels, which I would like to mention separately. Thus, on July 12, 2012, the law of the Krasnodar Territory No. 2542-KZ “On measures of state support to provide housing for citizens who lost their living quarters as a result of an emergency caused by flooding in the territories of the municipalities of the resort city of Gelendzhik, the city of Novorossiysk and the Krymsky district of the Krasnodar Territory” was adopted. in July 2012".

In accordance with this law, the right to receive state support are citizens whose living quarters, owned by them by right of ownership or provided to them under a social tenancy agreement, a contract for the rental of specialized residential premises, are recognized in accordance with the procedure established by the Government of the Russian Federation as unsuitable for living as a result of an emergency, caused by flooding, and members of their families living together with them in these residential premises as of 06.07.2012.

In order to implement the provisions of the law, the Resolution of the head of the administration (governor) of the Krasnodar Territory dated July 16, 2012 No. 821 approved the Procedure for the provision of state support measures to citizens (hereinafter referred to as the Procedure).

According to clause 2.2 of the Procedure, lists of citizens entitled to receive state support measures in kind in the form of construction of residential premises for residential premises recognized in the prescribed manner as unsuitable for habitation as a result of an emergency caused by flooding in the above-mentioned territories of municipalities in July 2012, are formed and approved by the relevant bodies of local self-government in the context of urban (rural) settlements from among citizens who have lost their living quarters and submitted an application to the relevant local self-government body before 09/01/2012 for inclusion in the lists of citizens to receive state support measures.

At the same time, it must be borne in mind that if housing is provided in accordance with special programs, then the provisions on the provision standards established in accordance with Article 50 of the Housing Code of the Russian Federation are determined in accordance with these programs (Appeal ruling of the Krasnodar Regional Court dated August 27, 2013 No. 33-18259/2013).

Extraordinary provision of housing under the housing legislation of the Russian Federation

According to Part 2 of Article 57 of the Housing Code of the Russian Federation, residential premises under social tenancy agreements are provided out of turn:

- citizens whose living quarters are recognized in accordance with the established procedure as unfit for habitation and are not subject to repair or reconstruction;

- citizens suffering from severe forms of chronic diseases, in which it is impossible to live together in the same apartment.

The Housing Code of the Russian Federation, having secured for the above citizens the right to receive housing out of turn, did not indicate the terms for the provision of such housing. This can only mean that housing should be provided to them out of turn after they apply to the local government in order to exercise their right to receive housing, and not in the order of any queue (according to the list of out of turn). This position is supported not only by specialists, but also finds support in the courts.

plaintiffon behalf of his minor sonfiled a lawsuiton the provision of housing out of turn. ATsubstantiation of the declaredrequirementsthe plaintiff indicated that his son is a wheelchair user, he, along with his son and two other members of their family, live inhostel andtaken into account in need of improvementhousingconditions.living quarters, where they live, is recognized as unsuitable for a wheelchair user: the house does not have a freight elevator, the kitchen, washbasin and toilet are on the floor, and the shower is located in the basement.

The court of first instance satisfied the claims. In the appeal, the Department of Property Management of the City District of Samara asks to cancel the court decision as illegal.

The Court of Appeal upheld the District Court's decision and stated as follows.

In accordance with Article 17 of the Federal Law "Onsocialprotection of persons with disabilities inRF", Article 2 of the law of the Samara region "On ensuringresidentialpremises of certain categories of citizens living on the territory of the Samara region "disabled people and families with disabled children in need of improvementhousingconditions are taken into account and providedresidentialpremises in the manner prescribed by the legislation of the Russian Federation and the constituent entities of the Russian Federation.

It follows from the materials of the case that the defendant did not dispute the right of the plaintiff and members of his family to receivehousingand motivated the foregoing by the fact that the order to declare unfit for habitationresidentialthe room in which a wheelchair user lives does not contain information that the room is not subject to repair or reconstruction. In addition, the respondent argued that he was unable toprovideplaintiffliving quartersdue to the lackresidentialpremises of the corresponding area. At the same time, the court found that the reconstruction or repairresidentialfacilities to make it suitable for a wheelchair user are not possible becausehostel, in which it is located, due to the design of the building, is not suitable for equipping with a freight elevator.

The court also pointed out that the provisions of paragraph 2 of Article 57 Housing CodeRFdo not make the right to extraordinary provision of housing dependent on the presence or absence of other persons entitled to receiveresidentialarea out of turn, from providinghousingother people on the waiting list, from the time of registration as in need of improvementhousingconditions, from being included in the list of citizens entitled to receiveresidentialpremises out of turn, as there are no instructions in itprovidinghousingin the order of priority of persons of equal category. The absence in the legislation of an indication of the period during whichhousingshould begrantedcitizens entitled to its extraordinaryproviding, indicates thathousingspecified category of citizens should be provided immediately after the right to receiveresidentialrooms out of turn, and not in the order of any queue(Appellate rulingSamara Regional Courtdated October 24, 2013 No. 33-10080/2013).

There are also cases when, after the entry into force of the Housing Code of the Russian Federation, a citizen from an extraordinary (priority, preferential, timely) provision was placed in a general queue for housing (Appeal ruling of the Krasnodar Regional Court of November 21, 2013 No. 33-25653 / 2013).

Refusal to provide housing under a social tenancy agreement and its consequences

Very often, people on the waiting list are offered housing that does not meet the established requirements (emergency, dilapidated, etc.), and in case of refusal to conclude an agreement, municipal employees threaten to remove such citizens from the queue for housing. I am sure that such refusals are not legal, therefore, in such cases, it is necessary to defend your rights in court. An analysis of judicial practice shows that there are few such disputes, but, for example, when providing housing of a smaller area (provision norms), the courts recognize actions to deregister citizens as illegal (Appeal ruling of the Pskov Regional Court dated November 12, 2013 No. 33-1854 / 2013).

It should be noted that the legislation of some subjects of the Russian Federation (in accordance with Article 13 of the Housing Code of the Russian Federation) provides for the possibility of choosing housing. For example, on the territory of the capital of the Russian Federation, the law of the city of Moscow dated June 14, 2006 No. 29 “On ensuring the right of residents of the city of Moscow to residential premises” is in force, which was adopted in order to bring Moscow legislation in line with the norms contained in the Housing Code of the Russian Federation.

According to paragraph 3 of article 21 of this law, “in case of refusal of three different residential premises that meet the requirements for the quality and size of residential premises established for a family of a certain size and composition, and are suitable for settlement and permanent residence, residents are subject to exclusion from the provision program living quarters for a year and are transferred to a separate list of those in need, who are to be provided with living quarters after the program is completed for the next year. Residents included in the program are offered no more than three residential units. In general, everything is quite justified, but does everyone agree with such wordings of the law?

The plaintiffs suedPrefecture of the Western Administrative District of Moscow, Administration of the Ramenki District of Moscow, Office of the Department of Housing Policy and Housing of the City of Moscow in the Western Administrative District with a statement on the recognition of illegal orders and the obligation to eliminate the violation of their housing rights. Their statement is motivated by the fact that their family of six<…>was recognized as in need of better housing conditions on preferential terms, but was later removed from the housing register due to the loss of grounds for receivingliving quartersunder a contract of social employment or gratuitous use by residents of the city of Moscow, recognized as in need ofliving quarters.

The plaintiffs consider this order illegal on the following grounds: the plaintiffs learned about the issuance of this order by accident, for the entire period of being in the queue they were offered two inspection tickets for inspection and there are no grounds for being on the queue for improving housing conditions.

As established in the court session, by order of the prefect of the Western Administrative District of Moscow dated<…>the B.T.V. family were offered three options for improving her living conditions, which she refused, and therefore excluded from the Support Programliving quartersin accordance with paragraph 2 of Article 41lawof the city of Moscow No.29 "On Ensuring the Right of Residents of the City of Moscow toLiving spaces”, removed from the housing register and transferred to a separate list of those in need who are subject to provisionliving quartersafter the completion of the program.

In this regard, the court came to the conclusion that the contested order was issued in the presence of thelawgrounds. The court also indicated that it invalidated the arguments of B.T.The. that she was not offered the last two options in<…>, since the fact of sending inspection tickets by mail is confirmed by the inventory of postal items with a mail stamp and receipts for their direction, and since none of the family members appeared at the conclusion of the social employment contract, this was regarded as a refusal(RDecision of the Nikulinskiy District Court of the city of Moscow dated March 12, 2013 in the case№ 2-991/13).

By the way, the law of the city of St. Petersburg dated July 19, 2005 No. 407-65 “On the procedure for keeping records of citizens as those in need of residential premises and the provision of residential premises under social rental agreements in St. Petersburg” does not contain such provisions. Article 12 of Law No. 407-65 states that citizens are deregistered as those in need of residential premises by the decision of the authorized body on the grounds and in the manner established by the Housing Code of the Russian Federation.

It should also be borne in mind that the restoration of the violated rights of citizens in the event of their illegal deregistration should be carried out not by a new registration as in need of better housing conditions, but by restoration on the appropriate account (Appeal ruling of the St. Petersburg City Court dated 24.10 .2013 No. 33-15903/2013).

Specialized housing stock for orphans

As for orphans and children left without parental care, in 2012 Article 57 of the Housing Code of the Russian Federation was amended: Federal Law No. placements for orphans and children left without parental care”, effective from 01.01.2013, they were excluded from the list of out of order. The meaning of the adoption of this law was to create a specialized housing stock to provide housing for orphans and children left without parental care, thereby protecting them from fraudsters.

Currently, it has been established that residential premises are provided in the form of residential buildings or apartments, well-maintained in relation to the conditions of the corresponding settlement, in accordance with the standards established by regional legislation, for a period of up to five years. The term can be extended no more than once if circumstances are revealed that indicate the need to assist employers in overcoming a difficult life situation. At the end of the term of such an agreement and in the absence of these factors, this housing is transferred on the terms of social hiring.

Federal Law No. 15-FZ dated February 29, 2012 also established that legal relations that arose before January 1, 2013 are subject to amendments made to the Federal Law “On Additional Guarantees for Social Support for Children Left without Parental Care and Orphans”, and also to the Housing Code of the Russian Federation, applies if such persons have not exercised their right to housing before the day this law comes into force.

The prosecutor appealed to the court in the interests of K.A.The. to the city administration on imposing the obligation to provide residential premises under a lease agreement for specialized residential premises. In support of the requirements, he pointed out that K.A.The. has the status of a child-orphansand children left without parental care, has been on full state support since 02/01/1995, from 2007 to 2012 she studied at<…>, does not have her own living quarters, has been registered as needing housing since March 27, 2012, but has not been provided with housing until now.

The defendant did not agree with the claims and pointed out that the plaintiff had lost the right to provide housing out of turn under a social tenancy agreement in connection with the entry into forcefederal lawfrom29.02.2012 № 15-FZ, and also indicated that the lists of persons from among the children-orphansand children left without parental care, for the provision of specialized housing in order of priority have not yet been formed, therefore there is no proper evidence confirming the existence of grounds for providing the plaintiff with housing.

The prosecutor's demands were satisfied by the decision of the court of first instance.

The Court of Appeal, upholding the decision of the District Court, indicated that the trial court reasonably proceeded from the fact that K.A.The. has the right to provide comfortable living quarters under a tenancy agreement for residential premises of a specialized housing stock, since it does not have other housing on the right of ownership or right of use, is registered in the prescribed manner as in need of residential premises, in violation of the current legislation upon reaching 18 years, she was not provided with housing under a social tenancy agreement (Appeal ruling of the Tomsk Regional Court dated June 25, 2013 No. 33-1822 / 2013).

Conclusion

As can be seen from the study, the issues of providing housing under a social contract of employment are among the most complex and topical.

According to article 5 of the Housing Code of the Russian Federation, in accordance with the Constitution of the Russian Federation, housing legislation is under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, and local governments can adopt regulatory legal acts containing norms governing housing relations, within their powers in accordance with the Housing Code of the Russian Federation , other federal laws, other regulatory acts of the Russian Federation, laws and regulations of the subjects. Hence the complete confusion with regulations. This is further complicated by the fact that the constituent entities of the Russian Federation and municipalities (mainly for financial reasons) do not have vacant living quarters.

Gurchenkov S. Queue for people on the waiting list//EJ-Jurist, 2009, No. 9//Access from the ATP "ConsultantPlus"; Kozlova N. Do not take the queue//