Rus News Journal

The order of Federal Agency of court enforcement officers from January, 16th, 2012 N 9 Moscow About the Position statement about an order of inclusion of the premises passed in an operational administration Federal Agency of court enforcement officers, in specialised available housing and grantings of premises of specialised available housing in using to workers FSSP of Russia, and also about an exception of the given premises of specialised available housing

It is registered in Ministry of Justice of the Russian Federation on February, 16th, 2012  
Registration N 23228

With a view of realisation of positions of the Housing code of the Russian Federation (Meeting of the legislation of the Russian Federation, 2005, N 1, item 14; 2006, N 1, item 10; N 52, item 5498; 2007, N 1, item 13, 14, 21; N 43, item 5084; 2008, N 17, item 1756; N 20, item 2251; N 30, item 3616; 2009, N 23, item 2776; N 39, item 4542; N 48, item 5711; N 51, item 6153; 2010, N 19, item 2278; N 31, item 4206; N 49, item 6424; 2011, N 23, item 3263; N 30, item 4590; N 49, item 7027) according to the Decree of the President of the Russian Federation from October, 13th, 2004 N 1316 Questions of Federal Agency of court enforcement officers (Meeting of the legislation of the Russian Federation, 2004, N 42, item 4111; 2006, N 8, item 895; 2008, N 17, item 1815; N 43, item 4921; 2009, N 6, item 718; N 31, item 3928; 2010, N 19, item 2300; 2011, N 18, item 2597; N 37, item 5198; N 39, item 5458) and the governmental order of the Russian Federation from March, 25th, 2010 N 179 About powers of federal enforcement authorities under the order premises of available housing of the Russian Federation (Meeting of the legislation of the Russian Federation, 2010, N 13, item 1511) I order :

1. To confirm applied Position about an order of inclusion of the premises passed in an operational administration Federal Agency of court enforcement officers, in specialised available housing and grantings of premises of specialised available housing in using to workers FSSP of Russia, and also about an exception of the given premises of specialised available housing.

2. To an administrative office (A. V.Popov) to carry out organizational - the technical actions connected with granting of premises of specialised available housing in central office FSSP of Russia, and to provide financing of actions for the maintenance of the given premises for the bill and within the budgetary appropriations provided in the federal budget for corresponding year FSSP of Russia on maintenance of its activity.

3. The organisation of actions for granting of premises of specialised available housing to workers of territorial bodies FSSP of Russia to carry out forces of corresponding divisions of territorial bodies FSSP of Russia.

4. Control over order execution to assign to the deputy director of Federal Agency of court enforcement officers - the assistant to the main court enforcement officer of the Russian Federation V.N.Mulova.

the director
A. O.Parfenchikov


  the Comment red.: the order is published in the Bulletin of statutory acts of federal enforcement authorities N 15, 09. 04. 2012.

 

Position about an order of inclusion of the premises passed in an operational administration Federal Agency of court enforcement officers, in specialised available housing and grantings of premises of specialised available housing in using to workers FSSP of Russia, and also about an exception of the given premises of specialised available housing

I. General provisions

1. The present Position is developed according to the Housing code of the Russian Federation (Meeting of the legislation of the Russian Federation, 2005, N 1, item 14; 2006, N 1, item 10; N 52, item 5498; 2007, N 1, item 13, 14, 21; N 43, item 5084; 2008, N 17, item 1756; N 20, item 2251; N 30, item 3616; 2009, N 23, item 2776; N 39, item 4542; N 48, item 5711; N 51, item 6153; 2010, N 19, item 2278; N 31, item 4206; N 49, item 6424; 2011, N 23, item 3263; N 30, item 4590; N 49, the item 7027), the governmental order of the Russian Federation from March, 25th, 2010 N 179 About powers of federal enforcement authorities under the order premises of available housing of the Russian Federation (Meeting of the legislation of the Russian Federation, 2010, N 13, item 1511) also defines an order of inclusion of premises of available housing of the Russian Federation, passed in an operational administration to Federal Agency of court enforcement officers, in specialised available housing (further - specialised available housing FSSP of Russia), an order of an exception of premises from the given fund, and also an order of granting of premises of specialised available housing FSSP of Russia in using the state civil servant, to workers of Federal Agency of court enforcement officers and its territorial bodies (further - workers FSSP of Russia).

2. Specialised available housing FSSP of Russia consists of office premises and premises in hostels (further - premises of specialised available housing FSSP of Russia).

3. Responsible division for the work organisation under the maintenance and operation of premises of specialised available housing FSSP of Russia in central office FSSP of Russia is the operation Service at Federal Agency of court enforcement officers, in territorial bodies FSSP of Russia - under the decision of the head of territorial body.

4. Premises of specialised available housing FSSP of Russia are given in using to workers FSSP of Russia which has been not provided with premises in a place of passage of the state civil service or work in an order, provided by the legislation of the Russian Federation and the present Position.

5. Premises of specialised available housing FSSP of Russia are not subject to alienation, transfer to rent, vnaem, except for transfer of such premises under the hiring contracts, provided section of IV Housing code of the Russian Federation and the present Position.

6. The general account of premises of specialised available housing FSSP of Russia and control over their distribution carries out Administrative office FSSP of Russia. The account of premises of specialised available housing FSSP of Russia, passed in an operational administration of territorial body FSSP of Russia, carries out corresponding division of the given body.


  II. An order of inclusion (exception) of premises in specialised available housing FSSP of Russia

7. To inclusion in specialised available housing FSSP of Russia premises of available housing of the Russian Federation, passed FSSP are subject to Russia in an operational administration.

8. Inclusion of the specified premises in specialised available housing FSSP of Russia is not supposed, if they are occupied under contracts of social hiring, hiring of the premises which are in the property of the Russian Federation of available housing of commercial use, rent and also if have burdenings of the rights to this property.

9. For premises inclusion in specialised available housing FSSP of Russia territorial bodies FSSP of Russia represent to central office FSSP of Russia for consideration following documents:

- the statement for premises inclusion in specialised available housing FSSP of Russia;

- the certificate on the state check in of the property right of the Russian Federation on premises;

- premises characteristics sheet;

- the conclusion about conformity of premises to the requirements shown to it established by the legislation of the Russian Federation.

10. Administrative office FSSP of Russia considers Russia which has arrived from territorial body FSSP documents and the decision on possibility of inclusion of premises in specialised available housing FSSP of Russia makes.

11. For the purpose of inclusion of the premises passed in operational administration FSSP of Russia, in specialised available housing FSSP of Russia the documents specified in point 9 of the present Position, are formed by Administrative office FSSP of Russia.

12. By consideration of a question on premises inclusion in specialised available housing FSSP of Russia the question and on reference of the given premises to one of kinds of the premises provided by point 2 of the present Position simultaneously can be considered.

13. Reference of premises to a certain kind of premises of specialised available housing FSSP of Russia is carried out according to Rules of reference of premises to specialised available housing and typical contracts of hiring of the specialised premises, confirmed by the governmental order of the Russian Federation from 26. 01. 2006 N 42 (Meeting of the legislation of the Russian Federation, 2006, N 16, item 697).

14. In case of a recognition of premises of specialised available housing FSSP of Russia according to Position about a recognition of a premise premises, premises unsuitable for residing and an apartment house emergency and subject to a pulling down or the reconstruction, the confirmed governmental order of the Russian Federation from 28. 01. 2006 N 47 (Meeting of the legislation of the Russian Federation, 2006, N 6, item 702; 2007, N 32, the item 4152), unsuitable for residing, and also in other cases provided by the legislation of the Russian Federation, such premises are excluded from specialised available housing FSSP of Russia.

15. Decisions on premises inclusion in specialised available housing FSSP of Russia, about premises reference to a certain kind of premises of specialised available housing FSSP of Russia, about an exception of premises of the specified fund are made out by order FSSP of Russia.

16. The information on the accepted decisions specified in point 15 of the present Position, during 3 - h from the date of acceptance of such decision goes days to the applicant in 2 - h the copies one of which goes the applicant during 3 - h days to the body which is carrying out check in of the rights to real estate and transactions with it in that subject of the Russian Federation in which territory there are premises.


  III. The Order of granting of premises   specialised available housing FSSP of Russia in using to workers FSSP of Russia

17. Premises of specialised available housing FSSP of Russia (further - premises) are given in using to workers FSSP of Russia for time residing at them for service (work) suitable for the residing, arranged well both responding sanitary and technical rules and norms, and also other requirements established by the legislation of the Russian Federation.

18. The premises can be given to worker FSSP of Russia in the presence of free premises in specialised available housing FSSP of Russia.

19. Questions of granting of premises to workers FSSP of Russia are considered by the corresponding commissions created on the basis of the order in central office FSSP of Russia or in territorial body FSSP of Russia (further - the commission).

20. For consideration of a question on granting of premises to the worker of central office FSSP of Russia and the head of territorial body FSSP of Russia in the commission created in central office FSSP of Russia, the statement of worker FSSP of Russia addressed to director FSSP of Russia on whom following documents are applied is sent:

- the inquiry from Management of public service and shots FSSP of Russia, containing data on structure of a family of the worker and an imprisonment term of the office contract on passage of the state civil service or work (the inquiry from a staff department of territorial body FSSP of Russia - for the head of corresponding territorial body FSSP of Russia);

- the petition addressed to the director of Federal Agency of court enforcement officers - the main court enforcement officer of the Russian Federation (further - director FSSP of Russia) (only for workers of central office FSSP of Russia):

) supervising deputy director FSSP of Russia - concerning chiefs of structural divisions of central office FSSP of Russia and their assistants;

chiefs of structural divisions of central office FSSP of Russia - concerning workers of their structural divisions in coordination with supervising deputy directors FSSP of Russia;

- an extract from the Uniform state register of the rights to real estate and transactions with it, confirming absence in the property (using) of the worker of central office FSSP of Russia and members of his family, the head of territorial body FSSP of Russia and members of his family of premises in a service place;

- an extract from the house register and a copy of the financial personal account in a place of registration of worker FSSP of Russia.

21. For consideration of a question on granting of premises to workers of territorial bodies FSSP of Russia, except for heads of territorial bodies, the statement of the worker goes to the corresponding commission of territorial body FSSP of Russia addressed to the head of territorial body. Following documents are applied on the statement:

- the inquiry from personnel division of territorial body FSSP of Russia, containing data on structure of a family of the worker and an imprisonment term of the office contract on passage of the state civil service (contract);

- the petition of a supervising deputy head of territorial body FSSP of Russia (for deputy heads of territorial body petition granting is not required);

- an extract from the Uniform state register of the rights to real estate and transactions with it, confirming absence in the property (using) of the worker of territorial body FSSP of Russia and members of his family of premises in a service place;

- an extract from the house register and a copy of the financial personal account in a place of registration of the worker.

22. Term of consideration by the commission specified in points 20 and 21 present Positions of documents and decision-making by results of their consideration cannot exceed 2 - h months from the moment of their receipt in central office FSSP of Russia or territorial body FSSP of Russia accordingly.

23. By results of consideration specified in points 20 and 21 present Positions of documents by the commission the decision on granting of premises or refusal in its granting which is fixed in the report of session of the commission is made.

24. The decision on granting of premises or on refusal in its granting concerning workers of central office FSSP of Russia and heads of territorial bodies FSSP of Russia is made out by order FSSP of Russia.

25. The decision on granting of premises or on refusal in its granting concerning workers of territorial bodies FSSP of Russia is made out by the order corresponding territorialnogo body.

26. Within 5 days after the edition of the order on granting of premises to the worker of territorial body FSSP of Russia the extract from the given order goes to Administrative office FSSP of Russia.

27. On the basis of the order on granting of premises with worker FSSP of Russia according to article 100 of the Housing code of the Russian Federation the contract of hiring of the premises specified in the order consists.

28. Term of hiring of premises is established in the contract of hiring of premises and cannot exceed the period of service (work) of worker FSSP of Russia which is the employer under the contract (further - the Employer).

29. During 3 - h days from the moment of the conclusion of the contract of hiring of premises the premises specified in the contract of hiring are passed the Employer in using.

30. The conclusion, the termination and cancellation of the contract of hiring of premises is carried out according to norms of the housing legislation of the Russian Federation.

31. Transfer to the Employer of premises and its reception from worker FSSP of Russia with whom it is stopped or will terminate the contract of hiring of premises, is carried out in the presence of the commission created according to order FSSP of Russia (territorial body FSSP of Russia) and operating on the constant basis consisting of representatives financial and is material - technical divisions which makes the acceptance report - transfers and the certificate of a technical status of premises.

32. Using the Employer the given premises is carried out according to Instructions for use the premises confirmed by the governmental order of the Russian Federation from January, 21st, 2006 N 25 (Meeting of the legislation of the Russian Federation, 2006, N 5, the item 546), other requirements established by the housing legislation of the Russian Federation. Members of a family of the Employer have the equal rights with it and duties on using premises.