Hello, dear Mikhail!
Let's start with the main thing - clause 1 of Art. 15.1. Federal Law dated May 27, 1998 N 76-FZ (as amended on July 1, 2017) “On the status of military personnel”, the norm for the provision of residential space provided in accordance with this Federal Law into ownership free of charge or under a social tenancy agreement is 18 square meters total living area per person.
But on the basis of Part 3 of Art. 15 of the Federal Law of May 27, 1998 N 76-FZ (as amended on July 1, 2017) “On the status of military personnel”, military personnel - citizens performing military service under a contract, and members of their families who arrived at a new place of military service of military citizens - citizens, before receiving residential premises in accordance with the standards established by federal laws and other regulatory legal acts of the Russian Federation, they are registered at the place of residence, including at their request at the addresses of military units. Before receiving residential premises, the specified military personnel - citizens and members of their families - are provided with service residential premises suitable for temporary residence, residential premises of a maneuver fund or a dormitory.
According to Part 1 of Art. 15 of the Housing Code of the Russian Federation, residential premises in dormitories are provided at the rate of at least six square meters of living space per person. According to Part 2 of the same article, a rental agreement for residential premises in a dormitory is concluded for the period of employment, service or training. Termination of employment, training, as well as dismissal from service is grounds for termination of the tenancy agreement for residential premises in a dormitory. Therefore, if you take the opportunity to write a reasoned refusal to live in a dormitory - for example, non-compliance with other requirements for living quarters (listed below), then there must be appropriate reasons for this (for example, if the dormitory is officially declared unsuitable for living or requires major repairs building).
In all other cases, if the military department has the opportunity to provide a dormitory, sub-hires are not paid. At the same time, the reluctance of a military man to move from a rented apartment or other housing to a dormitory is not taken into account.
And, if you refuse to live in a hostel, monetary compensation for renting (subletting) residential premises will not be paid. Next, you also need to take into account the following points - if you are provided with other living quarters. Based on Part 1 of Art. 104 of the Housing Code of the Russian Federation, service residential premises are provided to citizens in the form of a residential building or a separate apartment.
According to Part 3 of the same article, a rental agreement for office residential premises is concluded for the period of labor relations, service or holding a government position in the Russian Federation, a government position in a constituent entity of the Russian Federation or in an elected position. Termination of employment relations or tenure in a government position of the Russian Federation, a government position of a constituent entity of the Russian Federation or in an elective position, as well as dismissal from service is grounds for termination of the contract for the rental of office residential premises.
In accordance with Part 1 of Art. 15 of the Federal Law of May 27, 1998 N 76-FZ (as amended on July 1, 2017) “On the status of military personnel”, the state guarantees military personnel the provision of their living quarters in the form of providing them with funds for the purchase or construction of living quarters or providing them with living quarters in in the manner and on the terms established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, at the expense of the federal budget.
In accordance with the Decree of the Government of the Russian Federation of December 31, 2004 No. 909 “On the procedure for paying monetary compensation for renting (subletting) residential premises to military personnel - citizens of the Russian Federation serving under a contract, citizens of the Russian Federation dismissed from military service, and their members families" monetary compensation for the rental (sublease) of residential premises is paid to military personnel of the Russian Federation performing military service under a contract and members of their families who are not provided with residential premises suitable for permanent or temporary residence at the place of their military service at the expense of the Ministry of Defense of the Russian Federation in the amounts specified in the housing rental (sublease) agreement, but not more than the amounts determined by the Government of the Russian Federation.
Cash compensation to a serviceman is paid simultaneously with the payment of salary for the past month at the place of his military service.
But there are situations when it is not possible to provide a serviceman with appropriate official housing due to its absence. In such situations, the military unit must rent housing for the serviceman. Or go the other way - pay cash compensation for the serviceman to live in rented housing, if he wishes.
If an offer of housing does not meet the requirements, the serviceman has the right to refuse it.
But it is very important to take into account a reasoned refusal based on the provisions of the law, since according to paragraph 1 of Art. 23 of the Federal Law of May 27, 1998 N 76-FZ (as amended on July 1, 2017) “On the status of military personnel”, military personnel are citizens whose total duration of military service is 10 years or more, who are registered as needing residential premises in federal executive body or federal state body in which federal law provides for military service, without their consent, cannot be dismissed from military service upon reaching the maximum age for military service, health conditions or in connection with organizational and staffing measures without providing them residential premises or housing subsidies, except for the cases provided for in paragraph three of this paragraph. If these military personnel wish to receive living quarters other than the place where they were discharged from military service, they are provided with living quarters at their chosen place of residence in the manner prescribed by paragraph 14 of Article 15 of this Federal Law.
In cases where military personnel - citizens specified in the above paragraph of this paragraph, refused the proposed residential premises located at the place of military service or at the chosen place of residence, which meets the requirements established by the legislation of the Russian Federation, or refused a housing subsidy or did not submit documents , necessary for the provision of housing or a housing subsidy, within 30 days from the date of notification by the federal executive body or the federal state body in which military service is provided for by federal law of their readiness to provide housing or a housing subsidy, not counting the period of temporary disability of military personnel - citizens, their stay on vacation, on a business trip and other circumstances that objectively exclude the possibility of submitting the specified documents (including the time of events related to the receipt by military personnel - citizens of the specified documents in government bodies, local government bodies and organizations authorized to issuance of such documents), the consent of such military personnel - citizens for dismissal from military service upon reaching the maximum age for military service, health conditions or in connection with organizational and staffing events without providing them with living quarters or a housing subsidy is not required. In this case, the procedure for notifying military personnel - citizens of their readiness to provide them with housing or a housing subsidy and for the submission by military personnel - citizens of the documents necessary for the provision of housing and housing subsidies are established by the federal executive body or the federal government agency in which military service is provided for by federal law. The specified military personnel - citizens, in the event of their dismissal from military service upon reaching the age limit for military service, health reasons or in connection with organizational and staffing measures, without providing them with residential premises or a housing subsidy, are provided with residential premises in the form and manner provided for by this Federal law.
Therefore, it is imperative that the refusal of the proposed residential premises must be motivated (reasoned) indicating the reasons for such refusal:
for example, non-compliance of the proposed residential premises (apartment) with the area standards required by law; non-compliance with the requirements for residential premises (the presence of defects in the quality of finishing, violations of sanitary and epidemiological requirements and hygienic standards: fungi, mold, high humidity, etc., lack of the necessary set of furniture and functional equipment); inadmissibility of deterioration of current (existing) housing conditions.
If there is a reasoned refusal, the serviceman continues to rent an apartment and receive sub-rent.
It should also be taken into account that a serviceman’s refusal of an apartment offered to him by the state cannot be a reason for exclusion from the queue of those in need of housing.

Question:

Hello! I am a warrant officer. I am 48 years old. The length of service is 13 years. I don’t own any housing, I’m registered with a unit. I live in my brother's apartment. The Housing Commission recognized me as needing housing under a social tenancy agreement, and chose Ryazan as my place of residence.

They cannot provide housing on social rent here, since it is not available in this city (they say, “wait”). I was offered to write a report on official housing, I wrote it. I haven’t moved into official housing yet. The contract expires in 2 weeks. They want to fire me and provide me with company housing, so that I can continue to wait for housing on social rent in Kaluga. Due to the fact that, having received official housing, I can wait and not receive social rented housing (sort of like “provided with housing”), questions have arisen. Can I submit another report, this time about refusing official housing (if so, how to do this and what to refer to)? Are they obligated to grant my request? Can I be fired without providing permanent housing if I refuse my official position?

Vladimir, Yasny

Answer:

Vladimir, hello. In accordance with clause 5 of the “Instructions on the provision of service living quarters to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation”, approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 (as amended on March 21, 2013) " On the provision of residential premises to military personnel of the RF Armed Forces under a social tenancy agreement and official residential premises", if the serviceman disagrees with the provided residential premises, he, within five days from the date of receipt of the message about the proposed residential premises, sends to the structural unit of the authorized body a refusal to provide official residential premises, formalized in box No. 2 to the message about the proposed residential premises, according to the recommended sample in accordance with Appendix No. 4 to these Instructions.

If the military personnel to whom messages about the provision of residential premises are sent do not agree to the provision of residential premises within ten days from the date of receipt of the notice of delivery of the message to the structural unit of the authorized body, the specified service residential premises are provided to other military personnel included in the list for the provision service residential premises.

According to paragraph 1 of Art. 23 of the Federal Law of May 27, 1998 No. 76-FZ (as amended on February 3, 2014, as amended on June 4, 2014) “On the status of military personnel”, military personnel are citizens whose total duration of military service is 10 years or more, in need of improvement of living conditions according to the standards established by federal laws and other regulatory legal acts of the Russian Federation, without their consent, they cannot be dismissed from military service upon reaching the maximum age for military service, health conditions or in connection with organizational and staffing measures without providing them with housing premises or housing subsidy. If these military personnel wish to receive living quarters other than the place where they were discharged from military service, they are provided with living quarters at their chosen place of permanent residence in the manner prescribed by clause 14 of Art. 15 of this Federal Law.

Vladimir, you have the right to refuse the provision of office housing. This refusal will not serve as a basis for dismissing you from military service.

Alexander Tomenko, military lawyer

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

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

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

Introduction to the topic

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

The same article talks about the procedure for action in cases where the state cannot provide a serviceman with the housing he is entitled to. In such situations it is possible:

• provision of smaller living space;
• provision of living quarters from the maneuverable fund of the Ministry of Defense of the Russian Federation;
• provision of living space in a dormitory.

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

How to correctly issue a refusal

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

To correctly formalize the refusal of housing, you must refer to one of the following provisions:

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

Appropriate motivation for refusal is of great importance. If the reason why you refuse housing is considered unconvincing, you may be completely excluded from the queue for an apartment. This not only means that you cannot qualify for living space in the future, but also have no basis for receiving monetary compensation for rent.

When can it be beneficial to give up office housing?

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

If the housing offered is less than what you are entitled to by law, it is also beneficial in many cases to refuse to receive it in favor of the compensation paid. There are often situations when a serviceman rents an apartment using sub-rental money paid to him, while the apartment offered may be much smaller or geographically located in an inconvenient location. In such cases, it is also beneficial for the serviceman to refuse to receive it.

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

Registration procedure

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

• The current date;
• text “I refuse to provide the accommodation specified in this message”;
• It is recommended to indicate the reasons for refusal below;
• signature and its decoding.

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

Important points

It is also worth mentioning some important points.

• if you decide to refuse the apartment provided, you may be moved back in line and wait for the next offer indefinitely;
• the service apartment cannot be privatized in the future. This is a significant argument for many military personnel in favor of renting living space through monetary compensation;
• A service apartment is provided only to military personnel who do not have any other housing in the region in which they are serving.

Thus, every serviceman has the right to both claim living space and refuse it if he provides compelling arguments in favor of its non-compliance with current legislation.

The variety of forms of realization of housing rights by military personnel and the peculiarities of their implementation give rise to many problems that require thoughtful legislative regulation and the development of uniform judicial practice. One of these problems is abuse of rights.

Without pretending to elucidate all possible ways of abuse of rights related to the exercise of housing rights by military personnel, let us turn to the analysis of a separate issue that is relevant and not described on the pages of the magazine - the refusal of a serviceman to provide housing.

In the legal literature there is no clear concept of “abuse of law”. A number of authors completely reject this concept, considering it contradictory, devoid of any legal meaning, since the exercise of a right cannot be illegal. The meaning of this position boils down to the fact that since a person in his behavior has gone beyond the content of the subjective right granted to him, he cannot be considered a person exercising his right. In this case, it does not abuse its rights, but only acts illegally<1>.

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<1>Agarkov M.M. The problem of abuse of right in Soviet civil law // Izvestia of the USSR Academy of Sciences. Department of Economics and Law. 1946. N 6. P. 427; Samoilova M.V. The right of personal property of citizens of the USSR: Author's abstract. dis. ...cand. Sci. L., 1965. Pp. eleven.

Nevertheless, housing is one of the basic benefits of life for any person. This issue is especially relevant for those military personnel who serve at the disposal of commanders (superiors) and cannot be dismissed from military service without the provision of living quarters.
According to the Military Collegium of the Supreme Court of the Russian Federation, one of the main reasons for violation of the housing rights of discharged military personnel is the purchase of housing in regions that are not in demand by discharged military personnel as their chosen permanent place of residence or with consumer qualities below standard<2>.
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<2>Certificate of consideration by military courts of civil cases related to housing provision for military personnel, citizens discharged from military service, and members of their families // Law in the Armed Forces. 2012. N 6. P. 33 - 58.

In accordance with paragraph 1 of Art. 15 of the Federal Law “On the Status of Military Personnel,” the state guarantees military personnel the provision of living quarters or the allocation of funds for their purchase in the manner and under the conditions established by federal laws and other regulatory legal acts of the Russian Federation.
As stated in paragraph 19 of Art. 15 of the said Law, military citizens undergoing military service under a contract, recognized as needing residential premises, citizens discharged from military service, registered as needing residential premises in the federal executive body, in which federal law provides for military service, Those who refuse the proposed residential premises located at the place of military service or at the chosen place of residence, which 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.
According to clause 5 of Appendix No. 1 to the Order of the Minister of Defense of the Russian Federation dated October 13, 2011 N 1850 "On the implementation of the Decree of the Government of the Russian Federation dated June 29, 2011 N 512" the demands of military personnel (citizens discharged from military service) are not justified norms of federal legislation on the provision of residential premises in a specific place, house, on a floor, at a specific address, with a certain number of rooms, a certain number of residential premises, are not subject to satisfaction.
In accordance with the above Order, if military personnel (citizens discharged from military service) do not agree with the provision of allocated residential premises, they, within five days from the date of receipt of the notice, send to the authorized body (structural unit of the authorized body) a refusal to provide allocated residential premises, drawn up in the counterfoil notice.
In case of failure to receive from the military personnel (citizens discharged from military service) to whom the notices were sent, consent to the provision of distributed residential premises within five days from the date of receipt by the authorized body of the notification of delivery of notices to the military personnel (citizens discharged from military service) of the specified residential premises distributed among other military personnel (citizens discharged from military service) registered.
The draft Resolution of the Plenum of the Supreme Court of the Russian Federation “On the practice of courts in applying legislation on conscription, military service and the status of military personnel” recommends drawing the attention of the courts to the fact that the legislation of the Russian Federation does not contain any conditions allowing a serviceman (citizen discharged from military service) service) make additional demands on the comfortable residential premises provided to him at the place of military service or at his chosen place of residence, and the refusal of such residential premises on the grounds of lack of the right to choose residential premises must be recognized by the court as unfounded.
If a serviceman undergoing military service on a voluntary basis before receiving living quarters unreasonably refuses the provided living quarters for the specified reasons, the actions of such a military man may be regarded as an abuse of right. In this case, the subsequent dismissal of the serviceman while remaining on the register of those in need of residential premises will be lawful.
On February 18, 2014, a picket of military personnel took place on Gogolevsky Boulevard in Moscow regarding numerous violations related to the development and operation of housing in the Moscow region. According to the military personnel, houses for people on the waiting list were built on the territory of the Podrezkovo industrial zone, without reclaiming the land and without changing the boundaries of the sanitary protection zone of the nearby Cherkizovsky northern cemetery.
In a collective appeal addressed to V. Putin, voiced at the picket, the military personnel asked to stop settling the Molzhaninovo district of Moscow, and also not to believe the reports of officials of the Russian Ministry of Defense that the issue of providing military housing has been practically resolved, since this is not true.
According to the military personnel, apart from the existing Cherkizovsky northern cemetery, there is no infrastructure at all on this territory. On the territory of the Podrezkovo industrial zone, in accordance with the requirements of SanPiNov, the construction of only industrial and cultural facilities is permitted. The construction of a residential building was carried out within the airfield area of ​​Sheremetyevo Airport. Activists note that Moscow Mayor S. Sobyanin informed the then Minister of Defense A. Serdyukov about the need for these measures back in March 2011<3>.
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<3>URL: http://izvestia.ru/news.

From the above example, it follows that in order to determine whether a serviceman’s refusal of housing is an abuse of right, it is necessary to examine the question of what conditions the provided housing must meet (location, availability of infrastructure, etc.).
According to Part 1 of Art. 15 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation), the object of housing rights is residential premises.
Residential premises are recognized as isolated premises, which are immovable property and are suitable for permanent residence of citizens. Thus, residential premises have a number of legal characteristics and, in addition, there is a certain procedure for recognizing premises as residential, as well as requirements that residential premises must meet.
Residential premises must be provided with engineering systems (electric lighting, drinking and hot water supply, drainage, heating and ventilation, and in gasified areas also gas supply). Engineering systems (ventilation, heating, water supply, drainage, elevators, etc.), equipment and mechanisms located in residential premises, as well as those included in the common property of premises owners in an apartment building, must comply with sanitary and epidemiological safety requirements<4>.
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<4>Decree of the Government of the Russian Federation of January 28, 2006 N 47 “On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction.”

In accordance with the Constitution of the Russian Federation and international human rights acts, every citizen of the Russian Federation has the right to freedom of movement, choice of place of stay and residence within the Russian Federation.
As stated in Parts 4 and 5 of Art. 1 of the Housing Code of the Russian Federation, citizens legally located on the territory of the Russian Federation have the right to freely choose residential premises for living as tenants or on other grounds provided for by law.
The wording “the right to freely choose residential premises” in this case should be perceived as a free choice of the possibility of satisfying the need for housing. However, the provision on freedom of choice of living quarters seems extremely dubious. It is enough to refer to Art. 49 of the Housing Code of the Russian Federation on the provision of residential premises under a social tenancy agreement. The procedure for obtaining such housing is so “strict” that choosing a living space is out of the question. The editing of parts 4 and 5 in this regard is certainly unsuccessful. The provided “freedom of choice of residential premises” should be perceived as a free choice of the possibility of satisfying housing needs<5>.
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<5>Sheshko G.F. The right to housing: constitutional principles and housing legislation // Civilist. 2007. N 4.

As stated in Art. 57 of the Housing Code of the Russian Federation, residential premises are provided to citizens at their place of residence (within the boundaries of the corresponding locality), as a rule, in the form of a separate apartment within the social norm. When providing residential premises under a social tenancy agreement to a citizen who owns residential premises, the area of ​​the residential premises in his ownership is taken into account. Based on Part 1 of Art. 58 of the RF Housing Code, when providing residential premises, the interests of not only the serviceman, but also his family members must be taken into account. It is allowed to occupy one room by persons of different sexes, with the exception of spouses, only with their consent.
In accordance with paragraphs 5.1 and 5.2 of SNiP 31-01-2003 dated June 23, 2003 N 109 “Residential multi-apartment buildings”, adopted by the Resolution of the State Construction Committee of Russia, apartments in residential buildings should be designed based on the conditions for their occupancy by one family.
In accordance with the Housing Code of the Russian Federation, an apartment is recognized as a structurally separate room in an apartment building, providing direct access to the common areas in such a house and consisting of one or more rooms, as well as auxiliary premises intended for citizens to satisfy household and other needs related to their residence in such a separate room.
The main criterion for classifying premises as residential premises is their inclusion in the housing stock.
As the study of the problem shows, very often military personnel have the question of whether refusal to receive living quarters that is located in a house that has not been put into operation would be considered an abuse of right.<6>.
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<6>Forum for mutual legal assistance of military personnel / URL: http://voensud.ru. The section “distributed, but they don’t give the keys.”

As stated in Art. 57 of the Housing Code of the Russian Federation, the decision to provide residential premises is the basis for concluding a social tenancy agreement. A social tenancy agreement is the basis for the relevant citizen to move into the provided residential premises.
Order of the Minister of Defense of the Russian Federation dated November 18, 2010 N 1550 "On the organization in the Ministry of Defense of the Russian Federation of activities to provide military personnel serving under contract in the Armed Forces of the Russian Federation with residential premises" approved the Instruction, which defines the tasks and procedure for organizing activities central military administration bodies to provide military personnel serving under contract in the Armed Forces of the Russian Federation with residential premises provided under a social tenancy agreement and service residential premises.
From the above-mentioned Order it follows that the responsibilities of the Housing Department of the Ministry of Defense of the Russian Federation include concluding (terminating, changing) contracts for social rental of residential premises and rental of official residential premises with military personnel.
Clause 5 of the Standard Social Tenancy Agreement for residential premises, approved by Decree of the Government of the Russian Federation of May 21, 2005 N 315, also states that the landlord is obliged to transfer to the tenant under the act within 10 days from the date of signing the agreement free from the rights of other persons and suitable for living, residential premises in a condition that meets fire safety, sanitary, hygienic, environmental and other requirements.
The requirements for residential premises are enshrined in Decree of the Government of the Russian Federation of January 28, 2006 No. 47 “On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction.”
Next, we will focus on the requirements for the location of the provided residential premises.
In accordance with clause 2, part 1, art. 40 of the Land Code of the Russian Federation, the owner of a land plot has the right to erect residential buildings, structures, structures in accordance with the intended purpose of the land plot and its permitted use in compliance with the requirements of town planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations.
The Decree of the Government of the Russian Federation “On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction” states that residential premises should be located primarily in houses located in a residential area in accordance with functional zoning territories.
As stated in the Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 10, 2010 N 64 “On approval of SanPiN 2.1.2.2645-10”, the area allocated for the placement of residential buildings must be located outside the territory of industrial, communal, sanitary protection zones of enterprises , structures and other objects, the first zone of the sanitary protection zone of water supply sources and drinking water pipelines.
Next, let's look at the infrastructure requirements.
According to SNiP 2.07.01-89 (SP 42.13330.2011), approved by Order of the Ministry of Regional Development of Russia dated December 28, 2010 N 820, residential areas must be provided in order to create a comfortable, healthy and safe living environment for the population. Objects and activities that are not compatible with the requirements of these standards are not allowed to be located in residential areas.
Institutions and service enterprises should be located on the territory of urban and rural settlements, bringing them closer to places of residence and work, providing, as a rule, for the formation of public centers in connection with the public passenger transport network.
When calculating institutions and service enterprises, social security standards developed in the prescribed manner should be adopted. For approximate calculations, the number of institutions and service enterprises and the size of their land plots can be taken in accordance with the recommended application.
In the Order of the Ministry of Regional Development of Russia dated December 28, 2010 N 820 "On approval of the set of rules "SNiP 2.07.01-89 "Urban planning. Planning and development of urban and rural settlements"<7>the permissible distance from cemeteries to the walls of residential buildings has been determined, which should be at least 100 m, and the distance from the boundaries of the site of an industrial enterprise to residential buildings, sites of preschool institutions, secondary schools, health care and recreation institutions should be taken at least 50 m<8>.
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<7>Bull. construction equipment. 2011. N 3.
<8>SNiP 2.07.01-89 Urban planning. Planning and development of urban and rural settlements. M., 1994.

The sanitary and epidemiological requirements for living conditions in residential buildings and premises, which came into force on August 15, 2010, indicate that “the land plot allocated for construction must provide for the possibility of organizing a local area with clear functional zoning and placement of recreation areas, play areas, sports, utility grounds, guest parking for vehicles, green spaces" (clause 2.3 of SanPiN 2.1.2.2645-10 dated June 10, 2010).
When developing territory planning documents for a separate section of the territory, occupying part of the territory of a block or microdistrict, it is necessary to ensure the compatibility of the located objects with the surrounding buildings and the required level of social, cultural and public services for the population for the block (microdistrict) as a whole.
In conclusion, it must be emphasized that the legislation identifies the following characteristics of residential premises: immovable nature, isolation and suitability for permanent residence of citizens (compliance with established sanitary and technical rules and regulations, other legal requirements), the presence of which allows the premises to acquire the status of residential premises, which arises from the moment of legal establishment of the premises’ compliance with the characteristics of a residential premises.
According to Art. 131 of the Civil Code of the Russian Federation, ownership and other real rights to immovable things, restrictions on these rights, their occurrence, transfer and termination are subject to state registration in the unified state register. Thus, if an apartment building has not been put into operation, it will be impossible to register rights to it as real estate in the Unified Register of Rights to Real Estate and Transactions with It.
In accordance with Art. 219 of the Civil Code of the Russian Federation, the right of ownership of buildings, structures and other newly created real estate, subject to state registration, arises from the moment of such registration. Thus, if there is no registration of real estate, there is no real estate object, and if there is no permission to put the real estate object into operation, its registration is impossible.
In accordance with paragraph 21 of the Instruction, approved by Order of the Minister of Defense of the Russian Federation dated November 18, 2010 N 1550 “On the organization in the Ministry of Defense of the Russian Federation of activities to provide military personnel serving under contract in the Armed Forces of the Russian Federation with residential premises,” information on the state registration of the right of ownership of the Russian Federation to acquired and constructed residential premises and on the state registration of the right of operational management to residential premises is sent within two working days by the Department of Property Relations to the Department of Housing for distribution and conclusion of social rental agreements with military personnel in the prescribed manner premises (hiring office premises).

Thus, refusal of the provided residential premises, which is not such due to non-compliance with the requirements established by law, cannot be an abuse of right on the part of the serviceman.

Kalashnikov V.V., head of the educational unit - deputy head of the military department at the Russian Academy of Justice, candidate of legal sciences, lieutenant colonel of justice.

Distribution has always been a headache for the Department of Defense. That is why the Government is currently trying to transfer military personnel to a different form of real estate provision. Namely, a mortgage, which gives the right to choose not only the place to purchase real estate, but also the living space itself.

It is planned to transfer all military personnel, as well as organizations that provide for military service, to this form of support until 2023. In addition, according to the latest changes, it is planned to eliminate the existing queue for housing by the end of 2014.

Reasons for refusing to obtain housing

Problems associated with the distribution of apartments are usually associated with the following reasons:

1. Reluctance to live in the area where the property was offered,
2. If the issued apartment does not comply with the area standards required by law, as a rule, this results in receiving an apartment of a smaller area.
3. Inconsistencies between the proposed real estate and the requirements for residential premises.

In addition, each individual family may have other reasons to formalize the refusal of a military person to refuse housing.

For example, reluctance to live with small children on the top floors of high-rise buildings. Or vice versa, some are unhappy with the provision of an apartment on the ground floor. But such requirements are not taken into account in the legislation.

In addition, a serviceman’s refusal of allocated housing may be dictated by the desire to receive a subsidy, which gives the right to independently purchase real estate in any region of our country.

Moreover, in case of early repayment of the loan, you can re-use the military mortgage to purchase more spacious living space, or even a second property.

Is it worth giving up the finished apartment?

It may be worth considering whether it is worth giving up in-kind housing provision. After all, this guarantees that the defender of the Fatherland will ultimately receive an apartment of the size allotted to him, and with sufficient persistence, also in the region where he would like to live.

This scenario is not guaranteed if he registers an EDV or a civil housing contract. Indeed, in both options, the amount provided by the state will be strictly fixed, and it is impossible to receive it again. Considering that when calculating both EDV and GHC, the average cost per square meter in Russia as a whole is taken into account.

For some regions, it may not be enough to purchase housing of the required area by law. And the law stipulates that if an officer is offered an apartment with a smaller area than he is entitled to, he has the right to leave it and wait to receive another one that is suitable for him in size.