Drawing up a protocol of the housing and utilities commission example. On the recognition of the decision of the housing commission as illegal, recognition of those in need of improvement in housing conditions. What is the protocol of the meeting of the commission
24 Kb
download
1 from 30.10.2016
Rural settlement Kulikovsky village council
Lebedyansky municipal district of Lipetsk region
30.10.2016 s. Kulikovka Vtoraya No. 1
PROTOCOL
meetings of the housing commission.
Present: V.M. Kakoshkina - chairman of the commission
Losikhina O.A.
Rvacheva O.A.
Yudina L.F.
Agenda:
1.On recognition of the citizens of Roshchupkin Maxim Vyacheslavovich and Roshchupkin Dana Vladislavovna in need of improvement housing conditions and young families - participants of the subprogram "Provision of housing for young families", the federal target program "Housing" for 2011-2015.
Heard: member of the commission, Yudina L.F., who submitted a statement and all Required documents for the recognition of citizens in need of housing and their inclusion in the list of participants in the subprogram "Provision of housing for young families", the federal target program "Housing" for 2011 -2015.
According to the Lipetsk Region branch of the Federal State Budgetary Institution FKP Rosreestr and the archival data of the Lebedyansk BTI, the applicants do not appear in the ownership of residential premises.
The case contains all the documents that meet the requirements and conditions necessary for recognition Roshchupkina M.The. and Roshchupkin D.The. participants of the subprogram "Provision of housing for young families", the federal target program "Housing" for 2011-2015.
Family composition of 3 people: husband-Roshchupkin Maxim Vyacheslavovich, born in 1990.
Wife - Dana Vladislavovna Roshchupkina, born in 1991
Daughter - Vasilevskaya Daria Alekseevna, 2010 year of birth.
The age of the spouses is up to 35 years
Married since 03/19/2016
The category of citizens is a young family.
Having considered the received materials, the housing commission
DECIDED
Recognize Roshchupkina M.The. and Roshchupkin D.The. those in need of better housing conditions and participants in the subprogramme "Provision of housing for young families", the federal target program "Housing" for 2011-2015.
Queue from 10/30/2016
Grounds: Decree of the Government of the Russian Federation of December 17, 2010 No. 1050 "On federal target program"Housing" for 2011-2015
Chairman of the Commission: V.M. Kakoshkina
Members of the Commission: M.I. Alekseeva
Losikhina O.A.
Rvacheva O.A.
Yudina L.F.
) Recommended sample I approve the Head (chief) ______________________________________________ (name of the unit of the FSB of Russia, security agency) ______________________________________________ (military rank, signature, surname, initials) "___" __________ 20___, Minutes No. ___ housing commission meetings ________________________________________________________________________ (name of the unit of the FSB of Russia, security body) from "___" __________ 20___ The meeting of the housing commission was attended by: Chairman of the commission: _____________________________________________ (military rank, surname, initials) Deputy chairman of the commission: _________________________________ (military rank, surname, initials) Members commissions: ____________________________________________________ (military rank, surname, initials) ____________________________________________________ (military rank, surname, initials) ____________________________________________________ (military rank, surname, initials) Other persons: ________________________________________________ Commission secretary: ________________________________________________ (military rank, surname, initials) Agenda: ________________________________________________
Guided by the Rules for the provision of military personnel - citizens Russian Federation, provided for the entire period of military service with official living quarters, free-of-charge residential premises, approved by the Government of the Russian Federation of June 29, 2011 N 512, the housing commission decided:
to allocate to the following military personnel (citizens) and their family members:
1. ____________________________________________________________________ (last name, first name, patronymic, date and place of birth, citizenship, ________________________________________________________________________ name and details of the identity document, address _______________________________________________________________________; permanent residence or preferential stay) ____________________________________________________________________ (last name, first name, patronymic, date and place of birth, citizenship , ________________________________________________________________________ name and details of the identity document, address ________________________________________________________________________ of permanent residence or preferential stay) dwelling in the ownership free of charge at the chosen permanent place of residence in the form of ________________________________________________ (type of dwelling) by address: _____________________________________________________________ total area (excluding total area balconies, loggias, verandas and terraces) - ____ sq. meters, total area (taking into account the total area of balconies, loggias, verandas and terraces) - ______ sq. meters, living area - _____ sq. meters. 2. ____________________________________________________________________ (last name, first name, patronymic, date and place of birth, citizenship, ________________________________________________________________________ name and details of the identity document, address _______________________________________________________________________; permanent residence or preferential stay) ____________________________________________________________________ (last name, first name, patronymic, date and place of birth, citizenship , ________________________________________________________________________ name and details of the identity document, address ________________________________________________________________________ of permanent residence or preferential stay) dwelling in the ownership free of charge at the chosen permanent place of residence in the form of ________________________________________________ (type of dwelling) by address: _____________________________________________________________ total area (excluding the total area of balconies, loggias, verandas and terraces) - _____ sq. meters, total area (taking into account the total area of balconies, loggias, verandas and terraces) - _____ sq. meters, living area - _____ sq. meters. Voted: for _____ people; against _____ people; abstained ____ people Signatures: Commission chairman: _____________________________________________ (military rank, signature, surname, initials) Deputy chairman of the commission: _________________________________ (military rank, signature, surname, initials) Commission members: ___________________________________________________ (military rank, signature, surname, initials) ___________________________________________________ (military rank, signature, surname, initials) ___________________________________________________ (military rank, signature, surname, initials) Commission secretary: ________________________________________________ (military rank, signature, surname, initials)
employees of the regional state institution "Kinoobedinenie"
city of Kr -sk
___________ 20____
Attended
Chairman: Nikolay Nikolaev, director of the institution
Deputy Chairman: Vasilieva Vasilisa Vasilievna, Deputy Director for Core Activities
Secretary: Krylov Konstantin Konstantinovich,
Commission members:
Arkadieva Maria Ivanovna, head of the personnel department,
Petrova Kira Dmitrievna, projectionist
Agenda
Consideration of applications of employees of OSU "Kinoobyedinenie" on registration, in need of improvement of living conditions.
We listened to V.V. Vasiliev, Deputy Chairman of the Housing Commission. on consideration of applications for registration in need of improvement of living conditions:
- Ivanova Maria Ivanovna;
- Kolesova Lyudmila Petrovna;
- Arkhipova Ekaterina Mikhailovna;
- Anna Ivanovna Sidorova.
Having considered the applications and submitted documents of the workers of the OSU "Kinoobyedinenie", who need to improve their living conditions, given that the workers do not have housing or have less housing standards.
The Commission decided
1. To register and include in the list of employees of OSU "Kinoobyedinenie" who need to improve their living conditions as of 01.01.20 ..
- Ivanova Maria Ivanovna;
- Kolesova Lyudmila Petrovna;
- Arkhipova Ekaterina Mikhailovna;
- Mikhailov Mikhail Mikhailovich;
2. To exclude from the list of employees of the OSU "Kinoobedinenie" who need to improve their living conditions:
- Anna Ivanovna Sidorova.
Grounds for exclusion: Art. 57 of the Housing Code of the Russian Federation
Legal advice:
1. For how long is the protocol of the housing commission on the recognition of a family in need of housing valid?
1.1. The decision of the housing commission on recognizing the person in need of improvement in housing conditions does not have a validity period. It remains in effect until canceled.
Did the answer help you? Not really
2. I was a serviceman, I received a protocol of refusal from the housing commission, my family members came to me; they only admitted it because I was registered with the test right now, I can be restored through the court.
2.1. Hello, without studying the refusal, it is not possible to correctly answer your question.
At the same time, you have the right to challenge the refusal in the garrison military court within 3 months from the date of familiarization with it.
Did the answer help you? Not really
3. My family of 5 people, all are spelled out in 47 squares two-room apartment... I would like to receive an extract from the minutes of the meeting of the housing commission on recognizing us in need of expanding housing conditions, Kamchatka Territory Ust-Bolsheretsky District S. Ust-Bolsheretsk, Lazareva Ksenia, thank you.
3.1. See current in your municipality the rules for recognizing those in need of improving housing conditions and registering. If these rules do not provide for such an extradition - only through the court, in case of a dispute, you can get it.
Did the answer help you? Not really
4. Where do we go so that a person would be held accountable for forging the minutes of general house meetings in the MK and forging the signatures of the owners, who allegedly agree with the transfer to another company. We are tired of collecting meetings and signatures about that. that we do not go to another company and send documents to the housing commission. So the former, the elder in the house, takes revenge on us for that. that she was re-elected. Thank you Best regards, owners of MK.
4.1. you can go to the police or the prosecutor's office, her actions fall under Article 327 of the Criminal Code of the Russian Federation Forgery, production or sale of forged documents, state awards, stamps, seals, letterheads. Good luck to you.
Did the answer help you? Not really
5. Turned to JOE for advice on housing subsidies. They checked my documents, they say you are not at all in the database and in the list of those in need. I say how so I have the minutes of the meeting of the housing commission, where I was recognized as needy back in 2008. I wrote a statement to the head of the DZHO with a request to explain the situation, attached a copy of the minutes of the meeting of the housing commission. Waiting for an answer. Can they refuse? Maybe through the court? Who should you apply for? Not past the statute of limitations?
5.1. in case of a written refusal, you have the right to appeal against judicial procedure in accordance with the requirements of the current legislation.
Did the answer help you? Not really
5.2. You have the right to go to court if they refuse. You need a document allowing you to go to court, so you need to wait for a written response from JOE.
Did the answer help you? Not really
6. The Housing Commission sent a notice of drawing up a protocol on administrative offense... Does the inspector first have to send a warning to correct the violation?
6.1. If there is an administrative offense in your actions, an authorized official has the right to draw up a protocol on an administrative offense in order to bring you to administrative responsibility.
Did the answer help you? Not really
7.On 31.01.2017, the Housing and Utility Commission of the Internal Affairs Department sent me the minutes of the meeting of the commission, which indicated that I was removed from the queue.
7.1. Dear Vladimir
Write a statement to the commission and ask them to indicate the reasons for how they will respond to the appeal in court.
Good luck to you and your loved ones.
Did the answer help you? Not really
7.2. On January 31, 2017, the Housing and Utility Commission of the Internal Affairs Directorate sent me the minutes of the meeting of the commission, which indicated that I was removed from the queue.
How long does it take to file a lawsuit to protect my rights?
Challenge the decision in court within a month in accordance with the CAS. In order not to do something stupid, seek the help of a lawyer.
GOOD LUCK TO YOU.
Did the answer help you? Not really
8. Please, how can you appeal the decision of the housing commission to refuse registration as a person in need of receiving social benefits for housing? You need to contact the Zamoskvoretsky District Court of Moscow. We live in Saratov. We have on hand an extract from the protocol of refusal due to the insufficiency of the submitted documents, namely, an extract from the house book and a copy of the financial personal account. I consider the refusal to be unlawful. Sincerely, Natalia.
8.1. You can file a complaint and attach a motion to review the case in your absence, this will be an administrative action.
Did the answer help you? Not really
8.2. You can appeal within 3 months from the date of receipt of the refusal. For a competent appeal, it is better to contact a lawyer for drawing up an application to the court.
Did the answer help you? Not really
9. The documents themselves, presented to the court, prove that the protocol was only named by the OSS. but in fact there is no evidence that the owners voted. There is no register of owners, no sheet with signatures on receipt of bulletins, etc. In the residential complex of the Russian Federation. it is indicated how to carry out (notifications, content of the bulletin-passport, suite. Own., report counting commission...) This is not. It is possible to draw a conclusion from the documents without the helpers. I think that the one who presented the protocol should prove it.
9.1. Proves in court is always the one who asserts. In this case, the testimony of witnesses is required.
Did the answer help you? Not really
9.2. The side that needs it proves.
Did the answer help you? Not really
10. In 1992 we received an extract from the protocol of the housing committee on the opening of personal accounts for an apartment in a barrack. They are registered there. Currently, we are collecting a package of documents on the recognition of the apartment as emergency. Interdepartmental Commission on housing insists that we sign a social rent agreement. We don't want to. the area of the apartment is 22 sq. A family of three. Is it possible not to conclude a contract?
10.1. The Interdepartmental Housing Commission insists that we sign a social rent agreement. We don't want to. apartment area 22sq. A family of three. Is it possible not to conclude a contract?
--- upon refusal to conclude a social loan agreement. YOU ARE NOT ALLOWED A HOUSING AT ALL, on recognition of it as emergency! You do not have to enter into a social loan agreement and get nothing at all.
Did the answer help you? Not really
11. I ask you to pay a one-time social benefit for the improvement of the housing area, recognized as needy in accordance with Protocol No. 18 of the Central Housing Commission of the Ministry of Internal Affairs of Russia for the Omsk Region dated 09/30/2013.
Tell me if I wrote the claim correctly.
11.2. If the claim consists of 4 lines specified by you, then it is wrong. In order to say about the claim, you must see the claim. TO statement of claim a number of requirements are presented, specified in the Code of Civil Procedure of the Russian Federation. If the requirements are met, then the claim is written correctly.
Sincerely
Did the answer help you? Not really
12. I am on the waiting list for the improvement of housing conditions and recently there was a meeting of the housing commission to consider my case. Do I have the right to receive an extract from the minutes of the meeting?
12.1. Do I have the right to receive an extract from the minutes of the meeting?
YES, you have the right to receive an extract
Did the answer help you? Not really
13. Please tell me how to write the protocol of the housing commission for the provision of housing if there are 2 candidates in turn and housing needs to be provided to 1 person. Thanks!
13.1. Do you work for THIS housing commission ?!
Did the answer help you? Not really
Consultation on your question
calls from landlines and mobiles are free throughout Russia
14. Worked at Vodokanal. In 1982 she received a service apartment. according to the minutes of the meeting of the housing and household commission under the district executive committee. This means that sq. transferred to the balance sheet of the Vodokanal enterprise?
14.1. Participate in the privatization of your apartment. And it will be your own. Good luck.
Did the answer help you? Not really
14.2. As a citizen of Russia, you have the right to participate in the privatization of residential premises. You have worked for Vodokanal for 32 years. You must be allowed to privatize the apartment into your ownership. How long will you live in a service apartment.
Contact the administration in writing, who has an apartment on the balance sheet. Let them give a written refusal and then go to court with compulsion to privatize the apartment. If you have any questions please write. Good luck.
Did the answer help you? Not really
15. If there is a protocol of the meeting of the housing commission and the number of the queue, then it must be issued, or even if the law does not apply, it will not be received or how and how to find out which queue is receiving at a given time, no one knows where to find out.
15.1. Vyacheslav, good morning! It is impossible to answer your question. Can you formulate it more specifically?
Did the answer help you? Not really
16. Is it possible to privatize an apartment if there is no social contract? hiring, but only an extract from the protocol of the housing commission, confirming the personal account of the citizens living in the apartment.
16.1. No, you first have to conclude a social contract. hiring.
Did the answer help you? Not really
17. Please, what to do in this situation? I decided to privatize an apartment in Rostov-on-Don, which I received upon my dismissal from the VV. Ministry of Internal Affairs of the Russian Federation 2 years ago for health reasons. When submitting the documents, they demanded a petition from the unit commander for privatization and the minutes of the meeting of the housing commission. The unit was disbanded and the successor in Grozny. I live in the Moscow region myself, there is no opportunity to leave because of my health condition. A trusted person is involved in privatization.
17.1. Appeal against the actions of the DZhPiZhF in court. To formalize privatization, you must provide a certain list of documents enshrined in legislation. You were provided with housing in connection with dismissal for health reasons from the Ministry of Defense of the Russian Federation, therefore, you have the right to privatize it without a petition from the unit commander. V mandatory a social loan agreement must be concluded.
Did the answer help you? Not really
18. Is it possible to apply the Federal Law No. 215 of 12/30/2004 in the housing cooperative in the part concerning chapter 4? there is no information about the counting commission in the RF LCD or you can use other regulations? This is necessary for the court, because the judge obliged us to prove that the protocol of the counting commission should be when holding a meeting in the housing cooperative in correspondence form(although Article 117 of the ZhK does not establish such a form of holding a meeting, if there are no changes in the Charter of the HCC, and the correspondence form only in the HOA-on the Housing Code of the Russian Federation). Thanks.
18.1. ZhSK lives and works according to its Charter.
If some norms are not spelled out in the Charter of the HCC, then in accordance with Article 6 of the Civil Code of the Russian Federation, civil legislation is applied to these relations, which regulates similar relations (analogy of the law).
In your case, if the Charter does not provide for holding a meeting in absentia, then you are obliged to hold meetings only in the form that is written in the Charter, until your Charter is supplemented in the form of holding the meeting.
The analogy of law, in your case, is not allowed. If it is not included in your charter.
Did the answer help you? Not really
19. In 2011, the house burned down, the measures promised an apartment, but still haven't given it, I'm the first to stand in line. This year, the housing commission signed a protocol for the allocation of an apartment to me, but did not sign a measure, but allocated this apartment to another person. What should I do in this situation.
19.1. Appeal the decision in court. S. Chesnokov
Did the answer help you? Not really
20. The situation is as follows: according to the protocol of the housing commission, citizen N. was assigned service apartment, she received the keys on the basis of the Act and signed the Payment Pledge utilities and rent. The lease was not signed for unknown reasons. Was it legal to charge her utilities and rent, how to evict this citizen from the apartment she occupied?
20.1. The LCD stipulates that utilities are paid by the person living in the apartment and it does not matter whether an agreement was concluded, only in order to receive such a fee, you need to go to court and prove the fact of residence of this citizen, and only then evict this citizen for a debt.
Did the answer help you? Not really
21. The military prosecutor has filed a protest against the minutes of the meeting of the housing commission, the issue of reinstating citizens who were removed from the queue 10 years ago is being raised for consideration. Does the prosecutor have the right to submit protests to the minutes of the meeting of the JK (is not a legal act), how to appeal this protest and where. Thanks.
21.1. The prosecutor has the right to bring a protest not only against an illegal legal act, but also any illegal actions of an official, if they do not comply with the law, contradict the requirements of Art. 23 and 28 FZ "On the Prosecutor's Office of the Russian Federation.
The superior prosecutor is not endowed with the right to withdraw a protest; only a court can make a final decision on the validity of a particular prosecutor's position.
Did the answer help you? Not really
22. Tell me, is the issuance of an inspection order and a copy of the minutes of the meeting of the housing commission a basis for moving into an apartment?
Thanks a lot.
Yuliya.
22.1. No, the basis for the settlement (and the conclusion of a social employment contract) is only a warrant.
Did the answer help you? Not really
23. Please, how to be in such a situation, my wife and three children and I moved to another region in August, to countryside... In early October, an inspector for juvenile affairs arrived and said it was necessary to inspect the house where the minors lived. I looked around, said everything is fine, but I need to buy furniture - so that each child would have a specialized baby place... The furniture was bought immediately. The next time the inspector entered the house without knocking, examined the furniture, said it was good, and left. On the third visit, she again entered the house without knocking, demanded to wake up my wife after the night shift and sat down at the table to write protocols under Part 1 of Article 5.35 of the Administrative Code. The grounds are partially not whitewashed (after renovation) and the floor is poorly swept. She said you can not go to the commission, you are a young family and we will help you anyway. In the protocols, we indicated that we did not agree. Arriving at the PDN commission, they found out that in addition to the unswept floor, it indicated that the children were dirty, dirty linen, unsanitary conditions, musty smell, etc. Due to the absence of the inspector, the meeting was postponed. Yesterday a commission of 7 people came to draw up an act of inspection of housing conditions, no violations were found. Today was the second session, a lawyer was brought in, he requested the case materials and postponed the session. It turned out that the inspector, after we signed the protocols, added in blank lines about dirty children, etc., while she did not examine either the children or the linen. The chairman of the commission outside the door said bluntly that "I don't care how your children live, but we will protect our inspector." Please advise how to proceed in such a situation better? Just looking at the photo of the act on housing conditions that it is indicated that we are registered as a HOA, how it is possible to register without our notice and whether it can be appealed.
23.1. Of course, you can appeal, you have such a right based on the law. To answer more correctly, you need to study the procedural documents.
Did the answer help you? Not really
24. There is such a problem.
... was included in the lists of the OMON under the Ministry of Internal Affairs of the Republic ... for the improvement of living conditions from June 8, 1998, on the basis of the minutes No. 15 of the meeting of the housing commission of the special police detachment under the Ministry of Internal Affairs ...
By the decision of the meeting of the central housing and household commission of the Ministry of Internal Affairs of the Republic ..., an extract from minutes No. 21 of December 11, 2017, ... was removed from the register of citizens in need of residential premises, on the basis of clause 5 of part 1 of article 56 of the ZhK RF.
And this problem is not only with me. The other day, a trial took place and the judge made a refusal on the same basis.
24.1. 1. Citizens are removed from the register as needing residential premises in the event of:
...
5) providing them in the prescribed manner from a public authority or local government land plot for the construction of a residential building, with the exception of citizens with three or more children;
Were you not provided with land?
Did the answer help you? Not really
25. Federal Law "On the Status of Servicemen" of 27.05.1998 N 76-FZ
Article 15. Right to housing
Servicemen - citizens who are provided with official living quarters for the entire period of military service and who are recognized as needing living quarters, upon reaching the total duration of military service of 20 years or more, and upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staff measures with a total duration of military service of 10 years or more by the federal executive body or federal state body in which federal law military service is provided housing subsidy or living quarters that are in federal ownership, at the choice of these citizens, into ownership free of charge or under a social tenancy agreement with the indicated federal executive body or federal state body at the chosen permanent place of residence and in accordance with the norms for the provision of residential space provided for in Article 15.1 of this Federal law. Help decipher the phrase "housing subsidy or housing" and more specifically the word "or".
Who ultimately decides what to give to the military? Does he choose himself or does the housing commission decide in the end? For example, a military man asks for an apartment, but instead of that he is given a subsidy, or vice versa?
Order of the FSB of Russia of 15.10.2014 N 587 "On Approval of the Procedure for Granting Subsidies for the Acquisition or Construction of Accommodation for Servicemen - Citizens of the Russian Federation, Doing Military Service under a Contract with the Federal Security Service, and Members of Their Families"
1. In order to determine the need for units of the FSB of Russia and federal security service bodies (hereinafter referred to as security agencies) in funds for the provision of subsidies for the acquisition or construction of residential premises (hereinafter referred to as housing subsidies) and accounting for military personnel - citizens of the Russian Federation specified in paragraphs three and the twelfth paragraph 1 of Article 15 of the Federal Law of May 27, 1998 N 76-FZ "On the Status of Servicemen" (hereinafter referred to as the Law) performing military service under a contract in the security agencies, and members of their families living with them, recognized as needing residential premises, and provided with residential premises in the form of a housing subsidy, in order to provide them with a housing subsidy, the housing commission of the security body (hereinafter referred to as the housing commission) makes a decision, which is drawn up by the minutes of the meeting of the housing commission in the form in accordance with Appendix No. 1. This decision in the form of a properly certified extracts from the minutes of the meeting th commission is issued or sent by the housing commission to a serviceman no later than 3 working days from the date of such a decision. Again, the phrase "the housing commission makes a decision", that is, if I understand correctly, the military man is recognized as needing housing (in accordance with Art. 51 of the ZhK), chooses a chosen place (on the map of our Motherland) where he wants to put down roots, and to get an apartment or money - is it not he who decides, but the commission?
Roughly, I ask for an apartment in the city of N, the commission tells me to take the money and is free, decides to pay me a subsidy. Is it possible in a legal way appeal the decision and get an apartment? Or is it useless to butt?
25.1. Federal Law "On the Status of Servicemen" of 05/27/1998 N 76-FZ in Art. 15 directly states what the soldier can choose. Those. he decides. You can appeal the decision in court. It is your right. There is certainly a sense in this.
Did the answer help you? Not really
25.2. Federal Law "On the Status of Servicemen" of 05/27/1998 N 76-FZ
Article 15. Right to housing
Servicemen - citizens who are provided with official living quarters for the entire period of military service and who are recognized as needing living quarters, upon reaching the total duration of military service of 20 years or more, and upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staff measures with a total duration of military service of 10 years or more, the federal executive body or federal state body, in which military service is provided for by federal law, provides a housing subsidy or federal property, at the choice of these citizens into ownership free of charge or under a social rental agreement with the indicated federal executive body or federal state body at the chosen permanent place of residence and in accordance with the norms for the provision of living space provided for Article 15.1 of this Federal Law.
The law states that a housing subsidy or a dwelling is provided. Either one or the other. The Housing Commission cannot resolve the issue against the will of the serviceman, of course, his desire is taken into account. The serviceman himself decides, and in the future it is already fixed in the decision of the commission.
Order of the FSB of Russia of 15.10.2014 N 587 "On Approval of the Procedure for Granting Subsidies for the Acquisition or Construction of Accommodation for Servicemen - Citizens of the Russian Federation, Doing Military Service under a Contract with the Federal Security Service, and Members of Their Families"
The soldier is registered, article 51 of the RF ZhK, chooses the place where he wants to live, and the housing commission decides, but on the basis of the application and the desire of the soldier himself.
If the housing commission makes a decision not in accordance with your application, your will, and thereby violates your rights and legitimate interests, you can of course appeal to the court against such a decision.
Did the answer help you? Not really
25.3. In order to transfer an apartment to YOU, it must be available. It may not be there. If there is an apartment, then it should be offered to YOU. If not, then the subsidy is paid in accordance with the aforementioned norm of Art. 15 of the RF Law "On the Status of Servicemen".
Did the answer help you? Not really
25.4. Well, you should read the law carefully - it also directly says in article 15 of the Federal Law "On the status of military personnel" that a subsidy or housing is provided at the choice of the citizen... What you choose is what you must provide, it's just that the question is something else - what can you get earlier, since the queue is different everywhere.
Did the answer help you? Not really
25.5. Article 15 of the federal law On the status of military personnel says: housing subsidies are provided or housing premises that are in federal ownership, at the choice of these citizens into ownership free of charge or under a social lease agreement with the indicated federal executive body or federal state body at the chosen permanent place of residence and in accordance with the norms for the provision of living space
Based on the foregoing, the military is provided with a subsidy or living quarters. The words "optional" refer to federal property. That is, a soldier of choice decides to own housing for free or under a social rent agreement
And what to provide a serviceman with a subsidy or housing is decided by the commission.If she decided that housing, then it is applied here by choice
The same meaning is laid down in the Order of the FSB of Russia dated 15.10.2014 N 587 "On Approval of the Procedure for Granting Subsidies for the Acquisition or Construction of Accommodation for Servicemen - Citizens of the Russian Federation Doing Military Service under a Contract with the Federal Security Service, and Members of Their Families"
The commission decides on the issue of granting a subsidy.
Did the answer help you? Not really
25.6. You have the choice to provide a finished apartment, built at the expense of the Ministry of Defense or. payments cash subsidies... The decision is made by you, but if you ask for an apartment in the city of N, then you will really get a subsidy, because it is not at all necessary. That there will be distribution for this city.
Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280 (as amended on November 30, 2017) "On the provision of residential premises to servicemen of the Armed Forces of the Russian Federation under a social employment contract and office premises"
Residential allocation notices are sent by the Department of the Armed Forces. If servicemen and their family members agree to receive the distributed living quarters, they, within five days from the date of receipt of the notification, send the appropriate consent to the authorized body and within thirty days submit to the Department the documents specified in paragraph 13 of the Instruction.
Did the answer help you? Not really
26. Dear fellow lawyers! Can you please tell us what to do to us in this situation? Two reports were drawn up against my son in a row about an administrative offense: 1. for driving a vehicle (motor scooter) with inoperative dipped headlights, 2. for driving a vehicle with an inoperative rear brake light. He has the rights to drive the vehicle. The day before the protocol was drawn up, I bought him (a scooter) 50 cubic meters. and we knew that the dipped beam did not work, so we agreed with a repair at the service station to eliminate this malfunction, knowing that the driver has the right to move with non-working parts vehicle for elimination at the service station. 2. The protocol says that when the right handle of the HAND brake is pressed, the brake light does not work! After all, this is a complete divorce of the traffic police on the money of minors! This model of a scooter and almost all motorcycles do not have a rear brake light from the front right hand brake! Only works from the foot brake! We, as parents, were not notified and were not present when the protocols were drawn up. The employees did not introduce themselves, they asked for all the documents for the scooter and began to check it for compliance with the passport data on the vehicle provided by their son.
V this moment the PDN Commission is going to, why is it not clear! The class teacher warned that she would come with a check on our living conditions! The impression is that some kind of enemy of the people! What should we do in this situation? I ask for help.
26.1. You do not need to look for a free remote consultation, but run to any lawyer with the available protocols and other documents, and invite a lawyer to a PDN meeting, having previously issued a power of attorney for him.
Did the answer help you? Not really
27. I am asking you for help in solving my housing problem.
Grew up in the Crimea, after graduating from school he entered the Odessa Order of Lenin Institute of the Ground Forces. After graduation, he was assigned to the State Border Service of Ukraine. From 21.07.2004 to 13.02.2012, he served in the Simferopol border detachment of the State Border Guard Service of Ukraine. From 24.04.2012 to 31.07.2013 he served in the Donetsk border detachment of the State Border Guard Service of Ukraine, Mariupol. 07/31/2013 from where he was dismissed from active military service to the reserve for health reasons (based on the conclusion of the military medical commission). After being discharged from military service, he returned home to Crimea and entered the military registration and apartment queue at the Feodosia military registration and enlistment office (Protocol No. 29 of 03/12/2014). The length of service is 13 years. Military rank - major. After the entry of Crimea into the Russian Federation, I received a pension certificate Federal Service security of the Russian Federation, I receive a disability pension, I also received a temporary certificate in exchange for the military card of a reserve officer of the Ministry of Defense of the Russian Federation (a military card should be issued soon).
During the period of service, he was not provided with living quarters.
Repeatedly applied to the South region for housing, to the Office capital construction The FSB of the Russian Federation, everywhere received a refusal to resolve my housing issue.
I really hoped for a solution to the issue by the government of the Russian Federation, but with the release of the decree of the President of the Russian Federation No. 116 dated March 22, 2018, it was again “out of work” because it concerns only the servicemen dismissed from the military units deployed in the territory of Crimea, which I was informed about, so far orally from the Ministry of Housing and Utilities of the Republic of Kazakhstan.
Questions:
1) Do I have the right to be provided with living quarters for use as a reserve soldier?
2) Where do I need to apply for this right?
I would be very grateful if you point in the right direction. Reserve Major Alexander Gennadievich Zolotarev.
27.1. 1. Unfortunately, you do not have such a right, tk. You do not meet the criteria specified in Art. 15 FZ On the status of military personnel.
2. Only in general order can get. Please contact the administration.
Did the answer help you? Not really
27.2. 1) So you quit while still in Ukraine. You can register only in the general manner in accordance with Article 51 of the LC RF /
2) you need to contact the administration, the Housing Department.
I wish you the best in resolving your issue.
Did the answer help you? Not really
27.3. in accordance with Article 15 of the Federal Law On the Status of Servicemen, servicemen can be provided with living quarters, provided that during the period of military service they were, in accordance with the procedure established by law, recognized as needing living quarters in accordance with Article 51 of the RF Civil Code. At the same time, the length of service must be 20 years, or 10 years upon dismissal for health reasons.
Your situation needs to be analyzed in more detail and you need to watch all the failures of the router. You have three months to appeal them and the force of Article 218-219 of the CAS RF.
Good luck and all the best.
Did the answer help you? Not really
27.4. You are not eligible for housing. There is no required length of service. There are no prerequisites. Therefore, contact the administration in the general manner, article 51.52 of the RF LC
Federal Law of 27.05.1998 N 76-FZ (as amended on 01.07.2017, as amended on 20.07.2018) "On the status of military personnel"
ConsultantPlus: note.
On the provision of housing to family members of military personnel who died (died) during military service, and family members of citizens who died (died) after dismissal from military service, see paragraph 3.1 of Art. 24 of this law.
"" Article 15. Right to housing
""1. The state guarantees to servicemen the provision of their living quarters in the form of providing them with funds for the purchase or construction of residential premises or providing them with residential premises in the manner and under the conditions established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, at the expense of funds federal budget.
"" Servicemen - citizens doing military service under contract, and their family members living together with them are provided with office living quarters no later than three months from the date of arrival at a new place of military service according to the "norms" and "procedure" provided for by federal laws and other regulatory legal acts of the Russian Federation. Office living quarters are provided in settlements, in which military units are located, and in the absence of an opportunity to provide office living quarters in the indicated settlements - in other nearby settlements. At the same time, servicemen - citizens with three or more children - are provided with office living quarters on an extraordinary basis.
ConsultantPlus: note.
On the peculiarities of providing living quarters for the persons referred to in par. 3 - 12 p. 1 of Art. 15 (as revised on 28.12.2013), see Art. 3 FZ dated 28.12.2013 N 405-FZ.
"" To servicemen - citizens who have concluded a contract on military service before January 1, 1998 (with the exception of cadets of military professional educational organizations and military educational organizations higher education), and members of their families who live together with them, recognized as needing residential premises, by the federal executive body or federal state body, in which military service is provided for by federal law, are provided with a "subsidy" for the acquisition or construction of residential premises (hereinafter - housing subsidy) or "living quarters" that are in federal ownership, at the choice of these citizens, into ownership free of charge or under a social employment contract with the specified federal executive body or federal state body at the place of military service, and upon dismissal from military service upon reaching the maximum age of stay in military service, for health reasons or in connection with organizational and staff measures with a total duration of military service of 10 years or more - at the chosen place of residence in accordance with the norms for the provision of living space provided for in Article 15.1 of this Federal the law.
For the entire period of military service, office living quarters are provided with:
military personnel assigned to military positions after receiving vocational education in a military professional educational organization or a military educational organization of higher education and receiving in this connection an officer's military rank (since 1998), and their family members living together with them;
Officers who entered into the first military service contract after January 1, 1998, and their family members living with them;
Warrant officers and warrant officers, sergeants and foremen, soldiers and sailors who are citizens who entered military service under contract after January 1, 1998, and their family members living with them.
Service living quarters are provided for the entire period of military service in closed military camps for military personnel - citizens doing military service under contract, and their family members living with them.
"" Closed military camps include military camps of military units located in settlements that have a pass system, as well as separate separate military camps of military units located outside settlements. "Lists" of closed military camps are approved by the Government of the Russian Federation on the proposal of the Ministry of Defense of the Russian Federation (another federal executive body in which military service is provided for by federal law).
Servicemen - citizens doing military service under a contract, and members of their families living with them are provided with office living quarters in accordance with the "norms" established by federal laws and other regulatory legal acts of the Russian Federation.
For the military personnel provided with official living quarters, for the first five years of contractual military service (not counting the time of training in military professional educational organizations or military educational institutions of higher education), the right to the living quarters occupied by them before entering military service is retained. They cannot be deregistered as those in need of residential premises at the place of residence before being drafted (enrolled) into military service.
"" Servicemen - citizens who are provided with official living quarters for the entire period of military service and are recognized as needing living quarters, upon reaching the total duration of military service of 20 years or more, and upon dismissal from military service upon reaching the age limit for military service, by state of health or in connection with organizational and staff measures with a total duration of military service of 10 years or more, the federal executive body or federal state body in which military service is provided for by federal law, provides a housing "subsidy" or "living quarters" located in the federal property, at the choice of these citizens, into ownership free of charge or under a social tenancy agreement with the indicated federal executive body or federal state body at the chosen permanent place of residence and in accordance with the norms for the provision of living space, providing given in Article 15.1 of this Federal Law.
"" Civilian servicemen are recognized as a federal executive body or a federal state body, in which federal law provides for military service, who need residential premises on the grounds provided for in Article 51 of the Housing Code of the Russian Federation, in the manner approved by the Government of the Russian Federation.
"" Servicemen provided with office living quarters shall conclude with the Ministry of Defense of the Russian Federation (another federal executive body or federal state body in which military service is provided for by federal law) a contract for the lease of office living quarters. The specified agreement defines the procedure for the provision of office living quarters, its maintenance and release. The conditions and procedure for concluding such an agreement are determined by the authorized federal executive body.
Servicemen doing military service under a contract are granted, at their request, the right to join housing-construction (housing) cooperatives or to receive land plots for the construction of individual residential buildings.
Military personnel - citizens doing military service under a contract, during the period of their military service, have the right to improve their living conditions, taking into account the norms, priority and social guarantees established by federal laws and other regulatory legal acts of the Russian Federation.
Military personnel - Foreign citizens are accommodated for the entire period of military service in hostels in military units (military camps).
"" The "procedure" for the provision of housing subsidies and living quarters to citizens specified in paragraphs three and twelve of this clause shall be established by the federal executive body or federal state body in which military service is provided for by federal law.
"" 2.1. Provision of living quarters for citizens dismissed from military service upon reaching the age limit for military service, state of health or in connection with organizational and staff activities, the total duration of military service of which is 10 years or more, regardless of the date of dismissal from military service and who are up to On January 1, 2005, they were registered by local governments as those in need of residential premises, including those who changed their place of residence and were accepted in connection with this by local government bodies to be registered as needing residential premises at their new place of residence after January 1, 2005 , and their family members living together with them is carried out at the expense of the federal budget at the choice of a citizen dismissed from military service, in the form of providing:
"" ownership of the living space free of charge;
"" living quarters under a social lease agreement;
"" one-time cash payment for the purchase or construction of residential premises.
If, in accordance with this Federal Law, the citizens specified in paragraph one of this clause are granted ownership of residential premises free of charge or under a social lease agreement, the size of the total area of residential premises shall be determined in accordance with Clauses 1 - 3 of Article 15.1 of this Federal Law.
If, in accordance with this Federal Law, the citizens specified in paragraph one of this clause are provided with a one-time cash payment for the purchase or construction of residential premises, the amount of this cash payment is determined on the basis of the standard for the total area of the residential premises determined in accordance with Clause 4 of Article 15.1 of this Federal Law , and the average market value of one square meter of the total area of the residential premises, determined by the authorized federal executive body for each constituent entity of the Russian Federation.
(Clause 2.1 was introduced by the Federal Law of 08.12.2010 N 342-FZ)
"" 3. Servicemen - citizens doing military service under contract, and members of their families who arrived at a new place of military service of military personnel - citizens, before receiving residential premises in accordance with the norms established by federal laws and other regulatory legal acts of the Russian Federation, are registered at the place of residence, including number at their request to the addresses of military units. The said servicemen - citizens and members of their families, prior to receiving living quarters, are provided with service living quarters suitable for temporary residence, living quarters of a maneuvering fund or a hostel.
"" In the absence of these residential premises, military units rent residential premises to provide servicemen - citizens and their family members living with them or, at the request of military personnel - citizens, monthly pay them monetary compensation for the lease (sub-lease) of residential premises in the manner and amount that determined by the Government of the Russian Federation.
Local governments provide assistance military units in the provision of residential premises for rent, suitable for temporary residence of military personnel - citizens and members of their families.
Military personnel - foreign citizens are registered at the addresses of military units.
(the paragraph was introduced by the Federal Law of 11.11.2003 N 141-FZ)
4. Servicemen - citizens doing military service under a contract who own individual residential buildings(apartments) either being members of housing and construction (housing) cooperatives, as well as military personnel - citizens for whom, in accordance with federal "laws" and other regulatory legal acts of the Russian Federation, living quarters are retained at the place of residence before entering military service or accommodation is reserved premises, when transferring to a new place of military service in another locality, are provided jointly with members of their families living with them for the period of military service in a given locality, office living quarters or hostels. In the absence of these living quarters, the commander of a military unit shall act in accordance with paragraph 3 of this article.
""5. In the event of the release of residential premises occupied by military personnel and members of their families living with them, with the exception of residential premises in their ownership, these premises shall be provided to other military personnel and members of their families.
6. Servicemen - citizens, as well as citizens dismissed from military service, and members of their families have the right to receive the ownership of the living quarters they occupy free of charge in accordance with federal laws and other regulatory legal acts, with the exception of office living quarters and residential quarters in closed military camps.
9. Servicemen performing military service under contract, sent for military service outside the territory of the Russian Federation, to the regions of the Far North, equivalent areas and other areas with unfavorable climatic or environmental conditions, the living quarters they occupy in the houses of the state or municipal housing stock are booked, with the exception of office premises, for the entire period of their stay outside the territory of the Russian Federation or in the indicated areas and localities.
11. Servicemen doing military service by conscription are accommodated in accordance with the requirements of general military regulations.
For military personnel doing military service by conscription, cadets of military professional educational organizations or military educational organizations of higher education, the living quarters occupied by them before conscription (admission) to military service are retained. They cannot be deregistered as needing living quarters.
""12. Servicemen - citizens doing military service under contract, and citizens dismissed from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staff activities, the total duration of military service of which is 10 years or more, and also to servicemen - citizens doing military service outside the territory of the Russian Federation, in the regions of the Far North, localities equated to them and other localities with unfavorable climatic or environmental conditions, local governments have the right, as a matter of priority, to grant the right to enter housing construction (housing ) cooperatives or allocate land plots for the construction of individual residential buildings.
""13. Citizens dismissed from military service, the total duration of military service is 20 years or more, and upon dismissal from military service upon reaching the age limit for military service, for health reasons or in connection with organizational and staff activities with the total duration of military service 10 years or more, not provided at the time of dismissal from military service with a housing subsidy or residential premises, cannot be deregistered without their consent as needing residential premises at the last place of military service before dismissal and are provided with a housing subsidy or residential premises in the order provided for by this Federal Law for military personnel.
(as amended by Federal Laws of 02.11.2013 N 298-FZ, of 28.12.2013 N 405-FZ)
(see the text in the previous "edition")
""fourteen. Provision of living quarters for military citizens with a total duration of military service of 10 years or more, upon dismissal from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staff activities and their family members when changing their place of residence carried out by federal executive bodies and federal state bodies in which military service is provided, at the expense of the federal budget for the construction and acquisition of residential premises, including by issuing state housing certificates... The right to provide living quarters under these conditions is granted to these citizens once. Documents on the surrender of residential premises to the Ministry of Defense of the Russian Federation (to another federal executive body or federal state body in which military service is provided for by federal law) and deregistration at the previous place of residence are submitted by the indicated citizens and their family members living with them upon receipt living quarters at the chosen place of residence.
"" Citizens dismissed from military service and registered as needing housing, and their family members living with them are paid a monthly financial compensation for the lease (sublease) of residential premises at the expense of the federal budget in the manner and in the amount determined by the Government of the Russian Federation.
The procedure for the provision of living quarters for military personnel - citizens living in closed military camps, upon their dismissal from military service, is determined by federal laws and other regulatory legal acts of the Russian Federation.
The procedure for the provision of social guarantees and reimbursement of expenses related to the provision of social guarantees specified in this paragraph is determined by the Government of the Russian Federation.
""15. Servicemen-citizens doing military service under the contract and in accordance with the Federal Law of August 20, 2004 N 117-FZ "On the accumulation and mortgage system housing servicemen "who are participants in the accumulative mortgage system of housing provision for servicemen, funds are allocated for the purchase or construction of residential premises in the manner and under the conditions established by federal laws and other regulatory legal acts of the Russian Federation.
The above-mentioned servicemen-citizens and members of their families are not subject to the effect of paragraph twelve of clause 1, clauses 13, 14, 16-19 of this article, as well as paragraphs of the second and third clause 1 of article 23 of this Federal Law.
""16. When the citizens specified in paragraphs three and twelve of clause 1 of this article are provided with a housing subsidy, its amount shall be determined based on the standard for the total area of living quarters determined in accordance with clause 4 of article 15.1 of this Federal Law, the standard for the cost of one square meter of the total area of Of the Russian Federation, determined by the authorized federal executive body, and correction factors, taking into account the total duration of military service, established by the Government of the Russian Federation.
"" The procedure for calculating the housing subsidy is approved by the Government of the Russian Federation.
A housing subsidy provided in accordance with this Federal Law to a military citizen and a citizen dismissed from military service may be used by them solely for the purpose of acquiring or building residential premises (residential premises) on conditions under which they will lose the grounds for recognizing them as needing residential premises. premises.
When the citizens specified in paragraphs three and twelve of clause 1, clause 13 and paragraph one of clause 14 of this article are granted ownership of residential premises in accordance with this Federal Law, the said residential premises, with their consent, may be provided with a total area exceeding the norm for providing residential space. premises established by Article 15.1 of this Federal Law, with payment for the total area of residential premises in excess of the norm for the provision of residential premises established by Article 15.1 of this Federal Law, at the expense of own funds such citizens.
The procedure for paying for the total area of a dwelling in excess of the norm for providing the area of a dwelling established by Article 15.1 of this Federal Law shall be established by the Government of the Russian Federation.
17. Cash for the acquisition or construction of residential premises or residential premises in accordance with this Federal Law, out of turn are provided to military citizens and citizens dismissed from military service with three or more children, as well as military citizens and citizens dismissed from military service belonging to other categories of citizens who, in accordance with other federal "laws", are provided with living quarters out of turn.
(Clause 17 was introduced by the Federal Law of December 28, 2013 N 405-FZ)
18. The right to choose a settlement as a chosen place of residence for the purpose of providing a military citizen with living quarters is granted to him once. Citizens dismissed from military service and registered as needing residential premises in federal body executive branch or federal government agency, in which military service is provided for by federal law, are provided with living quarters in settlements chosen by them as their chosen place of residence prior to dismissal from military service.
""19. Servicemen - citizens performing military service under a contract, recognized as needing residential premises, citizens dismissed from military service, registered as needing residential premises in the federal executive body or federal state body in which military service is provided for by federal law, Those who refuse the proposed housing located at the place of military service or at the chosen place of residence that meets the requirements established by the legislation of the Russian Federation, as well as those who have expressed a desire to change the previously chosen place of residence, are provided with a housing subsidy.
PROTOCOL No. 41
meetings of the Housing Commission under the administration of the Yarkovsky village council of the Novosibirsk district of the Novosibirsk region
July 13, 2012 p. Yarkovo
The meeting of the commission was attended by:
Commission members:
- Director of the Yarkovsky general store;
- Inspector of the personnel department of the municipal unitary enterprise housing and communal services "Yarkovskoye";
The meeting of the commission was chaired by the Chairman of the commission.
The meeting of the commission is competent, since all members of the commission took part in it.
Agenda:
Consideration of an application for registration dated 01.01.2001 by Natalia Leonidovna Sheluptsova.
Listened: on the statement of Natalia Leonidovna Sheluptsova and the documents attached to the application.
Decided:
Having considered the application dated 01.01.2001 of the year and documents attached to the application, Housing Commission established:
28.05.2012, 28.06.1988 year of birth, applied for the recognition of her young family in need of a dwelling without submitting an application for registration as a person in need of a dwelling provided under a social employment contract in accordance with the NSO Law of 01.01.2001 "On the registration by local government bodies of citizens as those in need of residential premises provided in the Novosibirsk region under social tenancy agreements."
By the decision of the Housing Commission (minutes of 01.01.2001), the incomplete young family of Natalya Leonidovna Sheluptsova was recognized as needing a living space. The basis for recognition is those 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 a residential premises and who are provided with a total area of living premises per one family member less than the accounting rate (clause 2, part 1). 1 article 51 of the Housing Code of the Russian Federation).
Composition of an incomplete young family:
daughter -, 07/30/2010
On June 29, 2012, she applied for registration as a person in need of residential premises provided under a social tenancy agreement.
From the submitted documents it follows:
registered at: NSO, NSR, p. Yarkovo, st. Lesnaya, 6 sq. 4. The main tenant and owner of the dwelling at the specified address -, mother, and (extract from the household book dated 01.01.2001, No. 000; copy of the Certificate of state registration rights dated 01.01.2001, series 54 AD No. copy of the Certificate of state registration of rights dated 01.01.2001, series 54 AD No. 000). According to the extract from the household book of 01.01.2001, No. 000, 6 people are currently registered in the residential premises at the indicated address.
However, he lives at: NSO, NSR, p. Yarkovo, st. Sadovaya, 45, which is confirmed by the lease agreement for a residential building dated 01.01.2001 (the term of the agreement is 12 months; the lessor under the agreement -; the total area of the residential premises - 36.0 sq. M.; The tenant - (together with daughter of Sheluptsova Daria Yurievna).
According to the OGUP "Techcenter NSO" for real estate objects are not taken into account (copy of the certificate dated 01.01.2001, No. 000). According to the UFS data of state registration, cadastre and cartography for the NSO, there is no information in the Unified State Register (copy of the notification dated 01.01.2001, No. 01/039 /).
Family composition - 2 people (certificate of family composition from 01.01.2001, No. 000): daughter -, 30.07.2010, b. At the time of filing the application, a certificate was submitted from the Yarkovskaya district hospital dated 01.01.2001 stating that it was registered for pregnancy, the gestation period was 23 weeks.
The total area of the dwelling in which the members of her family are registered is 38.5 sq. meter (copy of the Certificate of state registration of rights dated 01.01.2001, series 54 AD No. copy of the Certificate of state registration of rights dated 01.01.2001, series 54 AD No. copy of the extract from the financial. obverse dated 01.01.2001).
The accounting norm for the area of living quarters on the territory of the Yarkovsky village council per person is 12 sq. m.
In accordance with Part 2 of Article 49 of the Housing Code of the Russian Federation, low-income citizens are citizens if they are recognized as such by the local government in the manner prescribed by the law of the relevant constituent entity of the Russian Federation, taking into account the income attributable to each family member and the value of property owned by members family and taxable.
In accordance with part 1 of article 8 of the above-mentioned NSO Law of 01.01.2001 "On the registration by local self-government bodies of citizens as needing residential premises provided in the Novosibirsk region under social tenancy agreements" the poor in order to register citizens in need of residential premises, and providing them with residential premises of the municipal housing stock under social rental contracts citizens are recognized who have disposable income smaller the need for funds for the purchase of housing.
In accordance with article 1 of the NSO Law of 01.01.2001 "On the registration by local government bodies of citizens as needing residential premises provided in the Novosibirsk region under social employment contracts" family members - living together spouses, their children and parents, as well as other relatives, disabled dependents, brought in by the owner or tenant of the dwelling as family members and leading with him common household, as well as other persons recognized as family members in court
In accordance with the Resolution of the Governor of the NSO dated 01.01.2001 No. 000 property that is subject to taxation transport tax in accordance with the Tax Code of the Russian Federation, it is accounted for at market value (clauses 3.1.2 and 3.3); land plots are accounted for in the amount of the tax base (clauses 3.1.3 and 3.2), the tax base – cadastral value land plot (part 1 of article 390 Tax Code RF); residential houses, apartments, summer cottages, garages and other structures, premises and structures subject to property tax individuals taken into account in the amount of the tax base (paragraphs 3.1.1 and 3.2), the tax base - inventory value real estate(Clause 2, Article 5 of the Law of the Russian Federation of 01.01.2001, No. 000-1 "On taxes on property of individuals").
From the submitted income statements it follows that disposable income smaller the need for funds for the purchase of housing ( RD = 248 620,00; RV = 510 000,00). The calculation of disposable income and the need for funds for the purchase of housing was carried out in accordance with the annex to the NSO Law of 01.01.2001 "On the registration by local government bodies of citizens as needing residential premises provided in the Novosibirsk region under social tenancy agreements" to this Law (Appendix to this protocol).
By virtue of paragraph 2 of Part 1 of Art. 51 of the Housing Code of the Russian Federation, citizens in need of residential premises are citizens who are tenants of residential premises under social employment contracts or family members of the tenant of residential premises under a social rental agreement or owners of residential premises or family members of the owner of residential premises and provided with a total area of living premises for one family member less than the accounting rate.
The Housing Commission adopted the following solution:
a) admit in need of housing provided under a social contract (as belonging to the category of poor). Basis for recognition- 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 a residential premises and provided with a total area of living premises per one family member less than the accounting norm (clause 2, part 1 of Art. . 51 of the Housing Code of the Russian Federation).
Family composition:
daughter -, 07/30/2010
b) Sheluptsova Natalia Leonidovna register as needing housing provided under a social tenancy agreement.
The decisions were taken unanimously.
Chairman of the Commission - _________________
Secretary of the Commission - _________________
Members of the Commission: _________________
_________________
_________________
_________________
Appendix to the minutes of 01.01.2001
CALCULATION OF DISTRIBUTED INCOME
AND NEEDS FOR FUNDS FOR PURCHASING HOUSING
Guided by the Law of the Novosibirsk Region of 01.01.2001 "On the registration by local government bodies of citizens as needing residential premises provided in the Novosibirsk Region under social tenancy agreements" and the Methodology for calculating disposable income and the need for funds for the purchase of housing (Appendix to the said Law) The housing commission under the administration of the Yarkovsky village council of the Novosibirsk district of the Novosibirsk region, consisting of:
Chairman of the Commission - - Deputy Head of the Administration of the Yarkovsky Village Council of the NSR NSO;
The secretary of the commission - - specialist of the 1st category - lawyer of the administration of the Yarkovsky village council of the NSR NSO;
Commission members:
- Director of the Yarkovsky general store;
- Specialist of the administration of the Yarkovsky village council of the NSR NSO;
- Inspector of the personnel department of the municipal unitary enterprise housing and communal services "Yarkovskoye";
- Deputy Director of MUP Housing and Communal Services "Yarkovskoye".
PERFORMED the following calculation for the purpose of recognizing the poor (s)
Sheluptsova Natalia Leonidovna
(Name of the applicant citizen)
1. Calculation of disposable income
РД = (ДЧС - К x ПМ x 12) x ПН
where: RD - disposable income;
PM - value living wage on a per capita basis, in effect on the date of submission of the application for recognition as poor;
K is the coefficient of increasing the subsistence minimum, established by local governments, in the amount of at least 1;
PN - the standard period of accumulation of savings for the purchase of housing. It is established by the local government body equal to the average waiting time (in years) in the queue for receiving residential premises of the municipal housing stock under a social rental agreement in the relevant municipality, but not more than 10 years;
DChS - income per family member, calculated by the formula:
SDS
DChS = ______
Emergency
where: SDS - total family income for the billing period;
PC - the total number of family members in accordance with the requirements of Part 4 of Article 10 of the above Law.
Based on the submitted documents, it was established:
1. The income of each family member is:
Based on the certificate of the MKOU Novo-Shilovskaya secondary school No. 82 is 162 432,87 ; on the basis of a certificate of den. payment for housing and utilities is 42 902,88 ; on the basis of a certificate from the department of benefits and social payments of the NDS, the NSO is 1 252,28 . Total: 206 588.03
2. The gross family income (SDI) is: 206 588,03
In case of emergency - 2 persons
3. DChS is: 206 588,03/2 = 103 294,01
4.K - 1
5. PM - 6536,00 (on the basis of the Resolution of the Governor of the NSO dated 01.01.2001, No. 67, the date of application was 29.06.2012)
6. MON - 10 years(based on the decision of the Board of Directors of the third convocation of 01.01.2001 No. 2)
then RD = (103 294,01 -1*6536,00 *12)*10=248 620,00
2. Calculation of the need for funds for the purchase of housing is made according to the following formula:
NP x ChS x RC - I
RV = -----
Emergency
where: ПЖ - the need for funds for the purchase of housing;
NP - the size of the need for living space per person. Established by a local government body equal to the rate of provision of residential premises established by a regulatory legal act of the relevant local government body, but not less than 15 meters;
RC - medium market price square meter of housing in the relevant municipality, established by the executive body in accordance with the requirements of Article 8 of the said Law;
CHS - the total number of family members;
And - the value of property belonging to family members, calculated in accordance with the requirements of parts 5, 6 of article 10 of the said Law.
It is known that:
1. NP is equal to 15 square meters total living space per person (Order of the Head of Administration dated 01.01.2001);
2. RC - 34000 (on the basis of the resolution of the administration of the Yarkovsky village council of the NSR NSO of 01.01.2001, No. 35)
3. And is 0
Emergency - 2 persons(based on a certificate of family composition dated 01.01.2001 No. 000)
then Pancreas=15*2*34000-0/2=1020000/2=,00
In accordance with part 1 of Article 8 of the Law of the Novosibirsk Region of 01.01.2001 "On the registration by local government bodies of citizens as needing residential premises provided in the Novosibirsk region under social employment contracts" by the poor for the purpose of registering citizens in need of residential premises , and providing them with residential premises of the municipal housing stock under social rental contracts are citizens who have the amount of disposable income is less than the need for funds for the purchase of housing(i.e., RD is less than RV).
According to the above calculation:
RD = 248 620,00
RV = ,00
The housing commission under the administration of the Yarkovsky village council of the Novosibirsk district of the Novosibirsk region made the following conclusion:
Natalia Leonidovna Sheluptsova is recognized as poor
Signatures:
Chairman of the Commission - _________________
Secretary of the Commission - _________________
Members of the Commission: _________________
_________________
_________________
_________________