How to be, if the judgement is not carried out?
I have won court after has submitted the claim in connection with an unaccordance to me the living space put under the law. Has served 20 years and has been dismissed through illness. The court has obliged the commander of a body to give me habitation. But whence the commander takes to me apartment if our regiment did not receive habitation of 15 years. also there are data that in the nearest one and a half ten years too will receive nothing. advise that to me in this situation to do further? Where to be converted? On whom else to bring an action?
Sergey Tarahovich, the lieutenant colonel. The Tver region.
If the judgement has entered validity, and the commander of a part does not execute it, you have the right:
1. To receive in court the court order (look article 428 of the State remedial code of the Russian Federation).
2. To be converted into service of court enforcement officers - executors for compulsory execution of a judgement (procedure executive manufacture are described in the Federal law from July, 21st, 1997 ¹ 119 - FZ (with the subsequent changes and additions).
It is possible to receive new apartment before dismissal?
I Minister under the contract in military representation. A period of service - more than 20 years. a family - 5 persons. We live in apartment a total area 64 sq. m. stand in a queue on improvement of living conditions. In 2008 I plan to leave upon termination of the contract. A leah are obliged to me to give a missing living space before dismissal from military service and how it is possible to accelerate the decision of this question?
Alexander Grigoriev, the lieutenant colonel. Ekaterinburg.
Accelerate reception of new apartment in service you cannot. According to point 1 of article 57 of the Housing code of the Russian Federation from December, 29th, 2004 ¹ 188 - FZ premises are given to the citizens consisting on the account as needing (and as sequence, proceeding from time of acceptance of such citizens for the account). Out of turn zhilpomeshchenija under contracts sotsnajma are given:
1) to the citizens which premises are recognised when due hereunder by unsuitable for residing and to repair or reconstruction are not subject;
2) to children - to orphans and children without parental support, persons from among children - orphans and children without parental support, upon termination of their abiding in educational and other establishments, including in establishments of social service, in foster homes, children`s homes of family type, at the guardianship termination (guardianship), and also upon termination of service in Armed forces of the Russian Federation or after returning from the establishments executing punishment in the form of imprisonment;
3) to the citizens, suffering affliction heavy forms of chronic diseases.
Judging by your letter, all these cases to you are inapplicable.
to Receive zhilpomeshchenie directly at dismissal you also not can, as will leave after contract term (and it not the preferential basis of dismissal).