Consultation of the lawyer: the Right to premises granting
I Leave from VS the Russian Federation with ostavleniem in lists of persons included in a waiting list on habitation reception in the selected residence. It is recognised by needing habitation reception, the data is registered in the uniform register. If after dismissal on own means I get apartment, a leah deprives it me is right on reception of habitation from the Ministry of Defence?
Vadim, 38 years, St.-Petersburg
According to point 3 “ 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 “ confirmed 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 “ (Further - the Instruction), the recognition of military men needing premises is carried out by the authorised body according to article 51 of the Housing code of the Russian Federation and with the registration norm of the area of premises established by local government, but no more than eighteen square metres of a total area of premises on one person.
According to article 51 of the Federal law from December, 29th, 2004 ¹ 188 - FZ “ the Housing code of the Russian Federation “ the citizens needing premises, given under contracts of social hiring, admit (further - needing premises): being employers of premises under contracts of social hiring or members of a family of the employer of premises under the contract of social hiring or proprietors of premises or members of a family of the proprietor of premises and provided with premises total area on one member of a family of less registration norm.
On the basis of Instruction point 10, the military men accepted on the account needing premises, are struck off the register in a case:
givings of the statement by them about removal from the account;
losses of the bases granting the right to reception of premises under the contract of social hiring;
receptions when due hereunder from public authority or local government of budgetary funds on acquisition or premises building;
grantings when due hereunder from public authority or local government of the ground area for apartment house building;
revealings in the presented documents in the authorised body of the data which not representing the facts and have formed the basis for acceptance on the account needing premises, and also wrongful actions of officials of the authorised body at the decision of a question on acceptance on the account needing premises.
Extracts from decisions of the authorised body on removal from the account needing premises not later than in three working days from the date of their acceptance stand out (go) the military man.
the Military men struck off the register needing premises, are excluded from the register.
Vadim if in the got apartment on each member of your family will have a total area more than registration norm you will be struck off the register the military men needing premises, and are excluded from the register.
Alexander Tomenko, the military lawyer
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