Rus News Journal

Consultation of the lawyer: What to do, if the distributed apartment is already occupied and privatised

the Question:

the notice on apartment reception Has come. Have gone to look. It has appeared that the family of the former military man lives in the given apartment of more year, and the apartment is privatised. A copy of passports with a residence permit from the former military man and its members of a family at us on hands. What to do with the notice? If to write refusal us in turn on habitation reception will remove. I think, our case not the first. I wait for council.

Olga, 48, Ufa

the Answer:

Olga, hello. According to item 13 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 30. 09. 2010 1280 About granting by military man VS the Russian Federation of premises under the contract of social hiring and office premises (further under the text - the Instruction), the military men accepted on the account needing premises, after reception of the notices specified in item 12 of the Instruction, at their consent with granting of the distributed premises in five-day term from the date of notice reception direct to the authorised body the consent with granting of the distributed premises, issued in a back 1.

At disagreement of military men with granting of the distributed premises they in five-day term from the date of notice reception direct to the authorised body refusal of granting of the distributed premises, issued in a back 2 to the notice on premises distribution on the recommended sample according to the appendix 6 to the Instruction.

Olga, except a back to the notice, it is necessary to send to regional government of housing maintenance the statement for settling of the distributed apartment with the appendix of the documents confirming specified circumstances. You have the right to address in Office of Public Prosecutor and in court with notices of infringement of laws and on protection of the rights and legitimate interests.

Alexander Tomenko,
the military lawyer

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