Consultation of the lawyer: Actions on intended deterioration of living conditions
the Spouse till a marriage has been registered and lived in apartment. The proprietor of this three-room apartment is only her mother (the apartment has been bought). After wedding has registered the spouse at the military unit which is in the same city. A leah is action on change of check in of my spouse by deterioration of its living conditions? How much rooms the office apartment if at me the minor daughter (since a birth it is registered at in/), and the spouse has worsened the living conditions should have?
Alexander, 34 years, Miass
According to the subparagraph “ and “ point 4 “ Instructions about granting by the military man - to the citizens of the Russian Federation passing military service under the contract in Armed forces of the Russian Federation, premises under the contract of social hiring “ installed by the order of the Minister of Defence of the Russian Federation from September, 30th, 2010 ¹ 1280 “ About granting by the military man of Armed forces of the Russian Federation of premises under the contract of social hiring and office premises “ Military men cannot be recognised by needing premises before the expiration of five years after fulfilment of actions by them on intended deterioration of living conditions in which result on military men and members of their families began to have less established registration norm of the area of premises (further are called - actions on intended deterioration of living conditions), including connected with as change of an order of using by premises, an exchange of premises, default of treaty provisions of social hiring of premises, divorce, allocation of a share of premises by proprietors, alienation of premises or their parts.
are not actions on intended deterioration of living conditions:
installation by military men in premises of spouses, children and in a judicial order - parents of military men, dependents, other persons, and also their check in to the military unit address in which military men take place military service, if before installation or check in to the military unit address the specified persons:
had no premises in using or on the property right;
using premises had the right or were proprietors of premises who have been when due hereunder recognised by unsuitable for residing;
have made actions on the termination of the right of use by premises in connection with departure to a place of passage by military men of military service at the introduction with them in marriage;
have made actions on the termination of the right of use by premises in connection with departure to a place of passage of military service military men, their being parents (for not consisting (consisting) in marriage of minor children, children is more senior 18 years which have become by invalids before achievement by them of age of 18 years, children about 23 years trained in educational institutions on a full-time course of study) are elderly.
According to point 1 of article 15 of the Federal law from May, 27th, 1998 ¹ 76 - FZ “ About the status of military men “ (further - the Law), military men - the citizens passing military service under the contract, and members of their families in common living with them are provided with office premises according to the norms established by federal laws and other standard legal certificates of the Russian Federation.
On the basis of article 15. 1 Law, the norm of granting of the area of the premises given according to the present Federal law in the property free of charge or under the contract of social hiring, makes 18 square metres of a total area of premises on one person.
Taking into account constructive and technical parametres of an apartment house or an apartment house the premises given according to the present Federal law in the property free of charge or under the contract of social hiring, can be given a total area exceeding the size of a total area of premises, defined proceeding from the norm of granting of the area of premises specified in point 1 of present article, and provided by point 2 of present article of increase in the size of a total area of premises. Such excess can make no more than nine square metres of a total area of premises in total.
Alexander, actions of your spouse are not actions on intended deterioration of living conditions. The area of given office apartment, at absence at you the right to an additional general floor space, should make from 54 to 63 square metres.
Alexander Tomenko, the military lawyer
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