Here is a good article on the topic of privatization. In it you will find answers to your questions.

What to do if you want to privatize an apartment? If you occupy an apartment in the state or municipal housing stock on a social rental basis or have reserved it, you have the right to voluntarily contact the owner of the apartment with an application for its purchase. Privatization of residential premises is their free transfer into your ownership. You have the right to privatize residential premises only once. If you became the owner of an apartment through privatization when you were under 18 years of age, then you retain the right to free privatization after reaching the age of majority (Article 11 of the Law of the Russian Federation of July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation”) . As a general rule, first you need to obtain the consent of all family members living together, including children aged 14 to 18 years (Article 2 of Law No. 1541-1). It must be in writing. The apartment will be transferred either into common ownership or into the ownership of one of the persons living together, including minors - the decision is yours. This does not depend on the will of the owner transferring the apartment to you (clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated August 24, 1993 No. 8 “On some issues of the application by courts of the law of the Russian Federation “On the privatization of housing stock in the Russian Federation”). Please note that minors living together with the tenant and being current or former members of his family have equal rights and, in the event of privatization, have the right to become participants in the common ownership of the apartment (Article 69 of the Housing Code of the Russian Federation). If you have given your consent to the acquisition by other persons living with you of the apartment you occupy in the manner of privatization, you retain the right to free acquisition of ownership in the manner of privatization of another apartment subsequently received by you, since you have not exercised your right to a one-time privatization. If you occupy an apartment in a departmental housing stock (premises owned by state and municipal institutions under the right of economic management or operational management) and find that the owner of the apartment you occupy has changed the form of ownership or has been liquidated, do not be alarmed. This should not affect your rights. You cannot be denied privatization, except if the successor of your owner, at his own expense, built or purchased an uninhabited residential premises in which you live (clause 4 of Resolution No. 8). If you do not know who the legal successor of your owner is, you can resolve the issue of privatization of the occupied premises in court. If you live in a communal apartment, you also have the right to privatize the room you occupy (Resolution of the Constitutional Court of the Russian Federation dated November 3, 1998 No. 25-P, hereinafter referred to as Resolution No. 25-P). In this case, it is not necessary to obtain the consent of neighbors. Residential premises are not subject to privatization (Article 4 of Law No. 1541-1): those in disrepair; in dormitories; in the houses of closed military camps; office residential premises, with the exception of the housing stock of state farms and other agricultural enterprises equivalent to them, the housing stock of stationary social security institutions located in rural areas. The last two categories of premises can be privatized if the owner of this housing stock decides on privatization (Part 2 of Article 4 of Law No. 1541-1). As for residential premises that were located in residential buildings that belonged to state or municipal institutions and were used as dormitories, with the adoption of the Housing Code they lost their status as dormitories and were transferred to the jurisdiction of local governments. The norms of the Housing Code of the Russian Federation on social tenancy agreements apply to them - which means they no longer have a specialized purpose. You also have the right to privatize them (Article 7 of Law No. 189-FZ). A transfer agreement will be concluded between you and the owner. It is not required to be notarized, and no state fee is charged. The contract includes minors who have the right to use this premises. The right of ownership to residential premises acquired in this manner arises from the moment of its registration in the unified state register of rights to real estate and transactions with it - Unified State Register of Real Estate (Unified State Register of Real Estate) (Article 7 of Law No. 1541-1). According to the general rule established by the Decision of Roskommunhoz dated November 18, 1993 No. 4 “On approval of the Model Regulations on the free privatization of housing stock in the Russian Federation” (the document is valid insofar as it does not contradict Law No. 1541-1), in order to privatize an apartment, you need to: obtain written consent of all family members living together (adults and minors aged 14 to 18 years); submit an application to the owner of the apartment with whom you have a social tenancy agreement; attach a document confirming the right to use the residential premises; attach a certificate confirming that the right to privatization was not previously used. Within two months, the owner must make a decision on the issue of privatization (Article 8 of Law No. 1541-1). The Law does not contain a specific list of refusals. You may be refused if, in accordance with the mentioned conditions of privatization, you are not entitled to it. However, you can challenge the refusal in court. Then a transfer agreement is concluded between you and the owner. Your ownership rights must be registered in the unified state register of real estate and transactions with it - the Unified State Register of Real Estate. Art. 2, art. 4, art. 11 of the Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation” Upon completion of the procedure, you will become the full owner of the residential premises.

LEGAL CONSULTATION

This section of the magazine is dedicated to military personnel and their families who have acquired the right to provide social housing and, at the same time, have not lost the right to privatize residential premises. The implementation of the right to privatize residential premises has been legally extended, which is of no small importance for every family of a military serviceman.

It should be noted that the right to privatize residential premises has been extended several times over the past many years. Thus, the state shows citizens its interest in ensuring that everyone can exercise the right to privatize housing.

Social housing provided to military personnel and members of their families remains the property of the state. But the right of operational management belongs to the Ministry of Defense of the Russian Federation (hereinafter referred to as the Ministry of Defense). The relevant authorities register such a right with the legal rights registration authorities and obtain a certificate of registration of ownership of residential premises (on the terms of operational management). At the same time, in fact, residential premises are provided for the use and possession of military personnel and members of their families under a social tenancy agreement for residential premises.

Issues of privatization of residential premises and execution of privatization agreements for residential premises are the responsibility of municipal authorities on the territory of each municipality. If the residential premises of the Moscow Region are not transferred to the municipality on the basis of contracts, then municipal authorities do not have the right to carry out actions related to the privatization of housing in this case. The problem of the inability to exercise the right to privatization in open military camps or simply in residential areas that were previously legally provided to military families has not been resolved for a long time. On the contrary, they are aggravated and layered within the framework of programs to provide citizens of this category with apartments on social rental terms within the framework of the new housing legislation (since 2005). A financial mechanism for resolving these pressing issues has not yet been created.

Lawyers offer solutions to emerging conflicts within the framework of current legislation in civil proceedings. When a military personnel and family members of military personnel receive social housing under a social tenancy agreement, the ownership of which is registered in the Unified Register of Rights for the RF Ministry of Defense, it is necessary to file a claim at the location of such property. This statement of claim may be called: for recognition of ownership of residential premises through privatization.

Interested readers should be drawn to the fact that the only condition for the privatization of residential premises is the fact of the legality of obtaining housing for use. The following documents must be submitted to the court hearing:

A copy of the certificate of registration of property rights under the terms of operational management for the Moscow Region;

An extract from the Unified State Register of Rights to Real Estate and Transactions with it on the ownership of the apartment;

A copy of the social tenancy agreement for the disputed residential premises;

A copy of the personal account;

Written confirmation from the Housing Department of the Ministry of Defense of the Russian Federation that there are no objections to the stated requirement;

An extract from the service record of a military personnel who has been provided with social housing;

Documents indicating that the plaintiff had not previously exercised the right of privatization in all territories where he served.

It is also necessary to have the originals of these documents.

The court may request from the plaintiff other documents confirming certain facts in the case related to the dispute.

The plaintiff has the right to submit to the initial court only a statement of claim, filing a petition to participate in preparing the case for hearing. When holding a court hearing to prepare the case for hearing, the plaintiff is obliged to provide the minimum package of original documents and their copies necessary to establish the right. At the same time, the court examines the original documents, certifying their copies, which remain attached to the civil case. At the request of the defendant, copies of documents are provided to the defendant.

If the preparation of the court hearing took place in the absence of the plaintiff, he was not notified of the hearing of the case, then the plaintiff has the right to appeal such a decision to the court of appeal by filing a private complaint. In this case, the countdown of the period for appeal begins from the moment when such a court decision (sometimes it consists of leaving the claim without progress or returning the claim to the plaintiff) was actually received by the plaintiff, for example, by mail. To prove the date of receipt of the judicial act, it is necessary to keep the envelope with the postmarks of sending and receiving.

The defendant in this dispute is an authorized person - a representative of the Department of Housing of the Ministry of Defense of the Russian Federation - in the Khabarovsk Territory this is the authorized body of the Federal State Treasury Institution "Far Eastern Directorate of Property Relations" of the Ministry of Defense of the Russian Federation.

The plaintiff can be represented in the lawsuit by his representative (not necessarily a lawyer):

By oral application (if the plaintiff is present at court hearings himself),

By notarized power of attorney (when the presence of the plaintiff in court is not necessary).

The state fee is paid through a savings bank to the court account on the terms of payment for disputes regarding the establishment of law. Currently this amount is 200 rubles.

G.A. Pysina, Senior Adviser of Justice (Colonel),
legal advisor of the SVGB for the Far Eastern region.

Sample statement of claim for recognition of ownership of residential premises through privatization.

To the court of the Industrial District of Khabarovsk

Plaintiff: Ivanov Igor Sergeevich,
Representatives:
Sidorov Sergey Pavlovich,
Petrova Galina Borisovna,
Address: Khabarovsk, st. Krasnorechenskaya, 100-10

Respondent: representative of the Federal State Institution Far Eastern Territorial Administration of Property Relations of the Ministry of Defense of the Russian Federation, Khabarovsk, 680011, st. Khankayskaya, 27

Statement of claim
on recognition of ownership of residential premises

The plaintiff, Igor Sergeevich Ivanov, is the actual user of an isolated residential premises at the address Khabarovsk, st. Krasnorechenskaya, building 100, apartment 10, which was provided to the plaintiff and his family legally under the terms of the social tenancy agreement dated November 2, 2010 No. 403 for indefinite possession and use.

The plaintiff can be recognized as the owner of the specified residential premises at his own request, since during his life he has not exercised the right to privatize housing and does not own his own housing. Members of the tenant's family do not object to the registration of ownership of the apartment for the plaintiff, Igor Sergeevich Ivanov, about which they provided written notarized statements to the court.

The residential premises are in state ownership under the terms of operational management of the Ministry of Defense of the Russian Federation with entry No. 27-27-01/090 2010-989 into the register of federal property dated 08/04/2010. The residential premises are a separate apartment - 2 rooms, with a total area of ​​63 sq.m., transferred to the plaintiff according to the acceptance certificate and the technical condition of the residential premises dated 02.11.2010. The representative of the RF Ministry of Defense does not object to the plaintiff’s registration of ownership of the apartment, about which he provided a written message.

In accordance with clause 1, part 3, article 11 of the Housing Code of the Russian Federation, the protection of housing rights is carried out through the recognition of housing rights. Based on the above, in accordance with Article 40 of the Constitution of the Russian Federation, Art. 11 Residential Complex of the Russian Federation

I beg

recognize the plaintiff, Igor Sergeevich Ivanov, as the owner of the residential premises located at Khabarovsk, st. Krasnorechenskaya, building 100, apartment 10.

Appendix on 16 sheets:

Receipt for payment of state duty;
- a copy of the statement of claim;
- copy of social tenancy agreement No. 403;
- a copy of the acceptance certificate and the technical condition of the residential premises dated November 2, 2010;
- a copy of the certificate of state registration of the right to operational management of the Moscow Region;
- a copy of the application to the Federal State Institution of the Ministry of Defense of the Russian Federation for issuing a privatization permit:
- a copy of the response from the Federal State Institution “Far Eastern Technical Institution” of the RF Ministry of Defense;
- a copy of the application to the RF Ministry of Defense Department of Housing for permission to privatization dated December 6, 2011;
- a copy of the response from the Ministry of Defense of the Russian Federation;
- a copy of the notarized consent of the employer’s wife Ivanova Irina Fedorovna;
- a copy of the notarized statement of the son of the employer, Alexander Igorevich Ivanov;
- a copy of the notarized power of attorney of Sergei Pavlovich Sidorov’s representative;
- a copy of the notarized power of attorney of the representative Galina Borisovna Petrova.

Plaintiff's representative S.P. Sidorov

SOLUTION
In the name of the Russian Federation

judge Frolova F.F.,
under secretary L.S. Golubeva,

with the participation of representatives of the plaintiff Ivanov SP., Petrova G.B., representative of the defendant Sakharova N.I.,

Having considered in open court a civil case on the claim of Igor Sergeevich Ivanov against the Federal State Treasury Institution “Far Eastern Territorial Administration of Property Relations” of the Ministry of Defense of the Russian Federation for recognition of property rights,

INSTALLED

Ivanov I.S. filed a claim with the Industrial District Court of the city of Khabarovsk against the Federal State Treasury Institution “Far Eastern Territorial Administration of Property Relations” of the Ministry of Defense of the Russian Federation for recognition of ownership of residential premises through privatization.

In support of the claim, he indicated that he was provided with living quarters - a two-room apartment No. 10 on the street. Krasnorechenskaya, 100 in Khabarovsk on the basis of social rental agreement No. 403 dated November 2, 2010. According to the tenant’s personal account, the tenant of the disputed apartment is Ivanov I.S. This apartment is the property of the Russian Federation and is assigned to the Federal State Institution “Khabarovsk Regional Economic Institution” of the Ministry of Defense of the Russian Federation with the right of operational management. He is not able to exercise his right to privatize the disputed apartment due to the lack of an established procedure for transferring residential premises into the ownership of citizens living in the housing stock of the Far Eastern Territorial Administration of Property Relations of the Ministry of Defense of the Russian Federation. Members of his family Ivanova I.F., Ivanov A.I. gave their consent to the privatization of the disputed apartment without their participation. He asked the court to recognize his ownership of residential premises - apartment No. 10 in building No. 100 on the street. Krasnorechenskaya in Khabarovsk.

The plaintiff did not appear at the court hearing; he was notified of the day and place of the hearing in a timely and proper manner.

At the court hearing, the representative of the plaintiff Petrova G.B., acting on the basis of a power of attorney, supported the claims in full and insisted on their satisfaction, referring to the circumstances set out in the statement of claim.

At the court hearing, the representative of the FGKU “Far Eastern TUIO” of the Russian Ministry of Defense N.I. Sakharova, acting on the basis of a power of attorney, objected to the satisfaction of the claims and attached a response in writing.

The court decided to consider the case in accordance with Art. 167 of the Code of Civil Procedure of the Russian Federation, in the absence of persons who did not appear.

After listening to representatives of the parties and examining the case materials, the court comes to the following conclusions.

At the court hearing, it was established that the disputed residential premises - apartment No. 10 in building No. 100 on Krasnorechenskaya Street in Khabarovsk is owned by the Russian Federation, and is assigned with the right of operational management to the Federal State Institution "Khabarovsk KECH District" of the Ministry of Defense of the Russian Federation, which is confirmed by an extract from the Unified state register of rights to. real estate and transactions with it.

Based on the Order of the Minister of Defense of the Russian Federation “On federal state institutions, the federal state housing and maintenance institution and state institutions subordinate to the Ministry of Defense of the Russian Federation were renamed into the Federal State Institution “Far Eastern Territorial Administration of Property Relations” of the Ministry of Defense of the Russian Federation.

02.11.2010 with Ivanov I.S. a social tenancy agreement was concluded for the disputed residential premises of the Federal State Institution "Khabarovsk KECH District" of the Ministry of Defense of the Russian Federation, while members of his family moved into the residential premises together with the tenant: Ivanova I.F. - wife, Ivanov A.I. - son. A tenant's personal account has been opened for the disputed apartment, where Ivanov I.S. is indicated as the tenant.

According to an extract from the service record, certificates from the military commissariat of the Republic of Khakassia for the city of Abakan dated 04/17/2012, 059, Ivanov I.S. served in the military
Armed Forces since 08/01/1989.

In accordance with Art. 15 of the Federal Law “On the Status of Military Personnel”, military citizens are provided with official residential premises for the entire period of military service and are recognized as needing residential premises in accordance with Article 51 of the Housing Code of the Russian Federation, upon reaching a 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 staffing measures, with a total duration of military service of 10 years or more, residential premises in federal ownership are provided at the choice of these citizens as property free of charge on the basis of a decision of the federal executive body that provides for military service, or under a social rental agreement with the specified federal executive body at the chosen permanent place of residence.

Based on the evidence presented to the court, the plaintiff has the right to obtain ownership of the disputed residential premises.

According to paragraphs. 1, 2 paragraphs “b, j” of the Decree of the Government of the Russian Federation of December 29, 2008. No. 1053 “On some measures for the management of federal property” The Ministry of Defense of the Russian Federation is a federal executive body that carries out the functions of managing federal property held by the Armed Forces of the Russian Federation under the right of economic management or operational management. The Ministry of Defense of the Russian Federation, for the purpose of managing the property of the Armed Forces of the Russian Federation and organizations subordinate to the Ministry of Defense of the Russian Federation, exercises, in accordance with the procedure established by the legislation of the Russian Federation, control over the management of the disposal, use for its intended purpose and safety of federally owned property of the Armed Forces of the Russian Federation, acting on behalf of the Russian Federation during state registration of ownership rights of the Russian Federation to the property of the Armed Forces of the Russian Federation and organizations subordinate to the Ministry of Defense of the Russian Federation and transactions with it.

In order to implement these powers, the Department of Property Relations of the Ministry of Defense of the Russian Federation was created, which is entrusted with the functions of disposing of the federal property of the Armed Forces of the Russian Federation of organizations subordinate to the Ministry of Defense of the Russian Federation.

If the state establishes in law the right of citizens to obtain housing ownership, then it is obliged to ensure the possibility of exercising this right.

The current legislation does not regulate the procedure for the implementation by the Department of Property Relations of the Ministry of Defense of the Russian Federation of the functions of transferring apartments into the ownership of military citizens through the procedure of privatization, in connection with which the plaintiffs do not have the opportunity to exercise their legal right to privatize the said apartment out of court.

In accordance with Article 8 of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation”, in the event of a violation of the rights of a citizen when resolving issues of privatization of residential premises, he has the right to go to court.

Article 2 of the Law of the Russian Federation "On the privatization of housing stock in the Russian Federation" provides that citizens of the Russian Federation occupying residential premises in the state and municipal housing stock, including housing stock under the economic management of enterprises or the operational management of institutions (departmental fund), on conditions of social rental, has the right, with the consent of all adult family members living together, as well as minors aged 14 to 18 years, to acquire ownership of these premises on the terms provided for by this Law, other regulations of the Russian Federation and constituent entities of the Russian Federation. Residential premises are transferred into common ownership or into the ownership of one of the persons living together, including minors.

According to Art. 11 of the Law, every citizen has the right to acquire ownership free of charge, through privatization, of residential premises in the state and municipal housing stock for social use once.

From the case materials it follows that the plaintiff does not own residential premises and has not previously used the right to privatize residential premises.

The court believes that since the disputed residential premises were provided to the plaintiff on the basis of a social tenancy agreement, he had not previously participated in privatization and, for reasons beyond his control, cannot exercise his right to privatize the residential premises, the court finds it possible to recognize his ownership of the disputed residential premises room.

According to statements certified by notaries, Ivanova I.F., Ivanov A.I. refused to participate in the privatization of the disputed residential premises.

Based on the above, guided by Art. Art. 194-198 Code of Civil Procedure of the Russian Federation, court

DECIDED:

Claims of Ivanov I.S. to satisfy.

Recognize Igor Sergeevich Ivanov's right of ownership of residential premises - apartment 10, building 100 on Krasnorechenskaya Street in the city of Khabarovsk through privatization.

The decision can be appealed to the Khabarovsk Regional Court within 1 month from the date of issuance in final form by filing an appeal through the Industrial District Court of the city of Khabarovsk.

Judge F.F. Frolova

Ivanov I.S. filed a claim with the Industrial District Court of the city of Khabarovsk against the Federal State Treasury Institution “Far Eastern Territorial Administration of Property Relations” of the Ministry of Defense of the Russian Federation for recognition of ownership of residential premises in the manner of privatization. ESTABLISHED: having considered in open court a civil case on the claim of Igor Sergeevich Ivanov to Federal State Treasury Institution "Far Eastern Territorial Administration of Property Relations" of the Ministry of Defense of the Russian Federation on recognition of property rights, with the participation of representatives of the plaintiff Ivanov SP., Petrova G.B., representative of the defendant Sakharova N.I., with secretary Golubeva L.S., judge Frolova F.F., August 20, 2012 Industrial District Court of the city of Khabarovsk composed of secretary Golubeva L.S., judge Frolova F.F., August 20, 2012 Industrial District Court of the city of Khabarovsk composed of secretary Golubeva L.S., judge Frolova F.F., August 20, 2012 Industrial District Court of the city of Khabarovsk composed of  

The process of privatization of residential premises is strictly regulated by law and worked out in practice. In the case of military personnel, some difficulties may arise due to the nature of the premises occupied. Most often, a serviceman occupies departmental (official) living space under an agreement with the Ministry of Defense of the Russian Federation. Privatization of official housing by military personnel is not allowed; the premises can only be occupied during service. To solve the problem, it should be transferred to municipal ownership and a social rental agreement should be concluded. Then it becomes possible to register ownership of the real estate occupied by the military personnel.

The procedure for privatization of housing by military personnel

The main difficulty of the privatization process is to transfer departmental premises from the category of official to municipal subordination. To do this, you must obtain permission from the Housing Department of the Moscow Region, and then initiate the transfer procedure. It should be noted that emergency housing that does not have a cadastral passport or is in the status of a hostel cannot be recognized as municipal. Problems may arise if the area is illegal or there is no separate area. All confusing and controversial issues are resolved through the court if the registration of housing for military personnel as property meets obstacles from government agencies.

If it is due to unavoidable reasons, then the citizen applies to the military or civil court at his place of residence with a statement of claim. The court is required to submit a package of documents confirming the right to challenge decisions of the municipal executive committee. In addition, you will need to provide official permission from the Russian Ministry of Defense to transfer ownership of housing. In the absence of such permission, the statement of claim must contain a detailed argumentation of the serviceman’s housing rights.

If the court's decision is positive, the resolution is an official document giving the right to receive a certificate of ownership. The documents are transferred to the Unified State Register, after verification the serviceman becomes the owner of the home. It should be noted that all family members registered in the disputed area have an equal right to property. Minor family members are automatically included in the privatization list. Adult citizens registered in the area in question may refuse privatization; the refusal must be notarized. The maximum permissible period for consideration in a civil court is 2 months; after the decision is made, it will take 30 days, after which the decision comes into force.

Features of the court decision on privatization

Privatization of housing in a military camp is practically impossible and is allowed by the court in exceptional cases. Such office premises, the owner of which is the RF Ministry of Defense, are not subject to privatization. A serviceman cannot be deprived of the right to live in service apartments of military personnel and closed camps, even in the case of... According to the law, a serviceman who has served for 10 years or more has the right to his own real estate, but a service apartment cannot be privatized. In other settlements where a municipality exists, it is allowed to raise the issue of privatization of office premises by changing the status to housing for social urban rent.

Privatization of housing by military pensioners is possible if the citizen has never exercised his right since 1991. For proof, you will need to provide the court with certificates in form F-9 (certificate of non-participation in privatization) from all previous places of registration. You can do this in person, through an authorized representative, or request a document through the single window service for public services at your last place of registration. In some cases, the court accepts as evidence of non-participation an extract from the personal file of a serviceman or military pensioner.

The extract must contain a list of family members and all addresses of previous places of service indicating that the premises were not transferred into ownership. For a speedy decision, the court may need confirmation of attempts to resolve the issue pre-trial. If the plaintiff provides receipts for postal items to the interested authorities, copies of responses to his requests, this will greatly speed up the judicial review.

The division of housing by military personnel after a divorce has its own characteristics. The court can only divide privatized real estate. In case of divorce, the right of residence of the opposing party and minor children is retained, without the right of privatization. Apartments purchased with a housing certificate are subject to special consideration. If the living space was purchased through a savings-mortgage program for military personnel, then the ex-spouse does not acquire rights to division.

This is due to the fact that the funds transferred to the serviceman from the Defense Ministry are targeted and do not represent jointly acquired property. The allocated funds do not depend on the family status of the citizen and are not indexed depending on the number of family members (Article 34 of the RF IC). In real estate disputes, the amount that the serviceman added when purchasing an apartment in excess of the certificate may be taken into account. These funds are subject to division in equal shares, so the plaintiff can expect financial compensation, but not determination of ownership.

The court has the right to reject the request to transfer ownership of the apartment. The main reason is the objective impossibility of privatizing this residential property. If the documents provided by the plaintiff contain distorted or false information regarding his official activities or the status of real estate, then the judicial review is terminated with the appropriate wording.

The procedure for the privatization of real estate by military personnel in 2019

The concept of “privatization” as a legal term implies the transfer of state real estate into the ownership of citizens of the Russian Federation.

Along with the transfer of housing, the right of disposal is also granted: donation, transfer of property by inheritance, sale and exchange. Privatization of an apartment by a military man through the court is one of the most complex issues for a number of reasons, which will be discussed below.

In most cases, military personnel live in houses and apartments that were received from the Russian Ministry of Defense on the basis of social rental agreements. Signing this type of document does not allow you to legally dispose of housing at your own discretion. The procedure for privatization of such real estate consists of a whole range of activities, which include going through the registration process, collecting a package of documents for privatization, and filing a statement of claim in court.
If the court gives a positive answer to the question of the legality of privatization, the military personnel are presented with the necessary package of documents to Rosreestr, which records the ownership rights legally. This procedure for transferring ownership of real estate is determined by Russian legislation and is the only way to carry out privatization. The period of free state privatization was extended several times and, as a result, privatization was made indefinite.

General provisions

Military personnel undergoing contract military service in the Armed Forces of the Russian Federation, as well as members of their families, have full legal right to privatize a house or apartment on the basis of social tenancy agreements. Those military personnel who were transferred to the reserve from military bodies (railway, border, civil defense and internal troops), from military formations and the ranks of the Armed Forces of the Russian Federation can also use the right of privatization through the court. The above points, dictated by law, allow us to conclude that such a right is given to all military personnel and their families living in houses and apartments on the basis of social rental agreements, which are provided from the housing stock of the Ministry of Defense of the Russian Federation.
The legislation defines a list of housing that is not subject to the privatization procedure. This number included emergency housing that was in an uninhabitable condition at the time of the trial, apartments located in closed military camps and rooms in military dormitories.

The privatization of housing for military personnel is based on the principle of free transfer of houses and apartments to the full ownership of citizens. Such agreements on the privatization of housing must be signed by persons authorized by the Ministry of Defense of the Russian Federation. Each serviceman of the Armed Forces of the Russian Federation has the right to draw up this agreement only once.
Military personnel are given full rights to privatized property from the moment the documents are registered in the Unified State Register. This paragraph is regulated by the law “On State Registration of Rights to Real Estate” (No. 122-FZ), which was adopted on July 21, 1997.
The Housing Department of the Ministry of Defense of the Russian Federation, in turn, must issue military personnel who have entered into an agreement for the privatization of housing into personal ownership a package of relevant documents confirming the right to property ownership. A decision based on the submitted documents must be made within 2 calendar months from the date the application is submitted for consideration.

Procedure for reviewing documents

In the case of privatization, residential premises are transferred into ownership on the basis of shared ownership rights for each family member (including minor children) or as the property of one of the family members. Each case is considered individually and takes into account the wishes of the applicant.
When submitting documents, you should keep in mind that they must contain the signatures of family members of the serviceman and even the signatures of minor children over the age of 14 years.
The package of submitted documents must include the following:

1. Copies of basic documents, which include passports, birth certificates, identity cards.
2. If one of the family members disagrees with participation in shared ownership of privatized housing, a statement certified by a notary is provided. In this situation, shares of a joint house or apartment are distributed among other family members.
3. An extract from the house register containing information about the composition of the military personnel's family. There are often situations when one of the family members is not registered in a given territory. In this case, they provide certificates of residence, as well as the right to participate in privatization. If we are talking about refusal of housing for minors, the law requires the provision of a certificate from the guardianship authorities.
4. Cadastral passport for an apartment or house. A copy of the document is obtained from an organization that deals with technical inventory and state accounting of the housing stock of the Russian Federation.
5. — Copies of personal accounts from the owner of the property, which are drawn up on the basis of a social rental agreement.
6. Extract from the service record.
7. Extract from the Unified State Register about the current owner of the privatized apartment.

If a serviceman and his family received living space after September 1, 1991, the property can be privatized only if additional documents are available. These include a certificate of registration from previous places of residence, as well as documents confirming the unused right of privatization at other places of residence.

Reasons for refusal to privatize

Despite the fact that the issue of privatization is resolved through the court on legal grounds, it may be rejected for a number of reasons.

1. If the property has been subject to illegal redevelopment, which was the result of a discrepancy in the technical characteristics of the housing.
2. Absence of any rights to property if an apartment or house was provided to a military personnel and members of his family without obtaining a social tenancy agreement.
3. If during the consideration of the issue of privatization of housing, forged documents that do not correspond to the actual information were presented.
4. It is not possible to privatize an apartment if, due to loss, true information about the condition of the apartment or house was not provided. In this case, the court gives time to restore the documents.
5. If the applicant has previously used the right to free state privatization of social housing.
6. The process of resolving the issue of obtaining ownership of an apartment or house may be stopped due to the death of the applicant or move to a new place of service and place of residence.
7. In accordance with the law, a serviceman cannot privatize emergency premises, housing in a communal apartment, an apartment or a house located in closed military camps.
8. The reason for refusal to transfer ownership may be the possibility of finding the owner of the house.

In legal practice, there are cases when organizations that hold apartments on their balance sheets refuse to transfer them to private ownership. In this case, it is necessary to request documentary evidence of the refusal, which will become the basis for going to court.

Grants military personnel the right to receive ownership of an apartment or for free use under a social tenancy agreement.

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The responsibility to provide the military with legal “square meters” rests with the Housing Department of the Russian Ministry of Defense.

In the regions, such activities are within the competence of the regional departments of the above department.

Grounds

A military serviceman can privatize an apartment on the basis of the Law.

The military is also subject to actions regulating the procedure for providing housing to military personnel on a free basis.

Military personnel - citizens of the Russian Federation who have served for 20 years - have the right to privatize an apartment.

The military has a similar opportunity:

• discharged from the army upon reaching the service age limit;
• those who left the army for health reasons or due to staff reductions, provided that such citizens served in the army continuously for 10 years.

Military privatization

The law guarantees any military personnel provision or improvement of their living conditions. Military privatization is carried out on a general basis, but taking into account the status of the serviceman and his marital status.

The following can be identified as objects of gratuitous transfer of housing into the ownership of a military man and his family:

• apartments;
• private houses that belong to the state or municipal housing stock.

Organizations with housing stock can also transfer housing to military personnel through the privatization procedure.

Where and how?

Clause 2 of Article 15 of the Federal Law of May 27. 1998 “On the status of military personnel” states that the Ministry of Defense of the Russian Federation is obliged to provide a military man and his family with comfortable housing only if he retired from military service after January 1. 2005.

Persons who ceased military service before 2005 are required to contact the municipalities at their place of residence or the Ministry of Regional Development of the Russian Federation regarding the gratuitous transfer of ownership of housing.

Applications can be made in person or by proxy.

Where to begin?

A serviceman who wants to privatize his living space should find out: which body of the Ministry of Defense is managing the apartment.

Apartments located in closed military camps, that is, of strategic defensive importance, are not subject to free transfer of ownership.

In other cases, a citizen has the right to contact the privatization departments of municipalities with the necessary documents.

Where to start the military privatization of an apartment is a question that can be clarified by contacting the territorial departments of the Housing Department of the Russian Ministry of Defense.

The department is engaged in:

• providing military citizens with apartments in new buildings;
• issues of privatization of real estate directly owned by the military department.

Children's rights

Refusal to privatize

What to do if the privatization of an apartment in a military camp is refused? In this case, it is necessary to analyze the reasons for the refusal and challenge the official’s decision in court.

The state extended the deadline for free privatization until March 1, 2016.

The ownership of the privatized housing of a military personnel must be registered with the territorial department of Rosreestr at the location of the property.

Video about the privatization of apartments by military personnel

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.