IF THE PROPERTY IS LOCATED IN A CLOSED TOWN

Dear editors, my calendar length of service is 15 years, preferential-23, I have a service apartment in a separate military town, I do not have other residential premises, including armored ones, on the territory of Russia and other CIS countries, I do not need to improve my living conditions.

Can I be dismissed from the Armed Forces for organizing events without providing living space?

Can they remove the armor from my apartment without my desire, so that I can be considered secure housing?

Captain A. SELIVERSTOV.

Afrikind settlement, Murmansk region

According to clause 1 of Article 23 of the Federal Law of the Russian Federation "On the Status of Military Personnel", military personnel whose total duration of military service is 10 years or more, who need to improve their housing conditions in accordance with the norms established by federal laws and other regulatory legal acts of the Russian Federation, cannot be dismissed from military service without their consent after they reach the maximum age of stay during military service, for health reasons, or in connection with organizational and regular activities without providing them with residential premises at their chosen place of residence after their dismissal.

Military personnel, as well as citizens dismissed from military service, and their family members have the right to receive free ownership of the residential premises they occupy in accordance with federal laws and other regulatory legal acts, with the exception of official residential premises and residential premises in closed military camps. Until you receive the living space allocated by local governments, you have the right to live in official residential premises. But you don't have the right to sell the apartment as long as it is owned by the Ministry of Defense. The change in the status of the office living space on your part can be confirmed by a court decision.

THE ADMINISTRATION CAN HELP

I have been serving in the military commissariat since March 1997. Registered and live with my wife and son in a two-room apartment with my wife's father.

Do I have the right to receive an extraordinary amount of living space from the city administration or the Housing Improvement Agency?

Ensign R. RAFIKOV.

Verkhnyaya Salda, Sverdlovsk region

In accordance with clause 1 of Article 15 of the Federal Law of the Russian Federation "On the Status of Military Personnel", military personnel undergoing military service under a contract and their family members living together with them, who signed a contract before January 1, 1998 for the first 5 years of military service, are provided with official living quarters or dormitories. If they continue their military service for more than the specified period, they are provided with living quarters on a general basis.

In the absence of these residential premises, military units rent residential premises to provide for military personnel and their family members living together with them, or, at the request of military personnel, pay them monthly monetary compensation for renting (subleasing) residential premises in accordance with the procedure and amounts determined by the Government of the Russian Federation.

Local self-government bodies are responsible for providing assistance to military units in renting out residential premises suitable for temporary residence of military personnel and their family members.

"POSITION" IS DEPRECATED

I have been in the military since 1971. In November 1994, due to the reduction of the Strategic Missile Forces in Belarus, he was transferred to Yoshkar-Ola for further service. And for 2.5 years I have been an apartment-less person, living with a family of 4 people in a small-family hostel, where 2 families share a common kitchen. The dorm belongs to our compound.

According to the decision of the housing commission, I was supposed to be allocated an apartment in a new building. After completing all the necessary documents, I handed them over to the KEU and went on a business trip. When I returned, I was surprised to learn that the housing commission of the regiment held a second meeting and distributed housing in a new way. In response to my appeals to the relevant officials, I was informed that the previous decision of the housing commission did not fully comply with the requirements of the Order of the Ministry of Defense No. 285 of 1975 and did not meet the principles of social justice. It was also explained to me that in accordance with the requirement of the commander of the association and the commander-in-Chief of the Strategic Missile Forces, when allocating housing, only those factors that are specified in Article 23 of the Order of the Ministry of Defense N 285-75 are taken into account. In the absence of them, or all other things being equal, priority is given to the serviceman who previously wrote a report for inclusion in the lists of those who do not have housing.

To my arguments that in accordance with Article 24 of the same order, I, who have more than 20 years of service, have the right to priority improvement of housing conditions, I was told that this benefit applies only to those who improve housing conditions, and now apartments were distributed to those who do not have housing, and this, they say, is different things.

But isn't getting housing and moving from a communal apartment to a separate apartment an improvement in living conditions?

Lieutenant Colonel S. DERGACHEV.

Yoshkar-Ola

The decision of the housing commission to allocate an apartment to an uninhabited serviceman on the grounds mentioned in your letter is legitimate. It must be admitted that the "Regulation on the procedure for providing residential space in the Soviet Army and Navy" largely does not correspond to the current legislation. For example, in accordance with clause 47 of the specified "Regulation", the following persons were subject to accounting::

- persons who do not have living space;

- persons in need of better housing conditions;

- persons who are subject to relocation from dilapidated houses, barracks, basements and other uninhabitable premises that are unsuitable for habitation.

Registration of those in need of living space was carried out in military units and CEC districts separately according to the lists.

The Military Collegium of the Supreme Court of the Russian Federation on November 20, 1997, when considering in open court a complaint about the recognition of paragraphs 46 and 47 of the "Regulations on the procedure for providing residential space in the Soviet Army and Navy" as inconsistent with the current legislation, decided: to recognize illegal and not valid from the moment of the decision, paragraph 47 of the Now the Ministry of Defense is obliged to bring the wording of this paragraph in accordance with the Housing Code. From the moment the decision is made, those who need better housing conditions in a military unit should be registered according to the general list.

METERS FOR YOUR DAUGHTER

I have a separate apartment of 23.4 sq. m. m for a family of 4 people. I've been waiting in line for housing improvements since 1989. My daughter is 20 years old, she graduated from a technical school, works, we all live together.

Please explain whether I still have the right to expand my living space if my daughter gets married but is registered in my apartment.

Lieutenant Colonel S. DROBYSHEV.

Novocherkassk, Rostov region

In accordance with clause 2 of Article 15 of the Federal Law of the Russian Federation "On the Status of Military Personnel", military personnel serving under a contract during their military service have the right to improve their housing conditions, taking into account the norms, priority and benefits established by federal laws and other regulatory legal acts of the Russian Federation.

Your right to better housing conditions is preserved if your daughter is registered (alone or with her family) in your apartment.

THEY'LL PAY YOU PROPERLY

I have a question in connection with the upcoming dismissal from the Armed Forces of the Russian Federation due to organizational and staff measures. My length of service in calendar terms is 9 years and 8 months, and in preferential terms-12 years (due to service in the Far East). I am provided with housing in a closed military camp.

According to the Federal Law of the Russian Federation "On the Status of Military Personnel", do I have the right to be placed on the waiting list for housing in my chosen place of residence?

Am I supposed to receive 10 salaries of monetary support when I leave?

Captain Roman KONDRASHECHKIN.

Mozhaisk, Moscow region

According to Article 15 of the Federal Law of the Russian Federation "On the Status of Military Personnel", military personnel have the right to be placed on the waiting list for housing in their chosen place of residence. The specified procedure for providing residential premises applies to military personnel whose total duration of military service is 10 years or more, who are dismissed from military service upon reaching the age limit for military service, for health reasons, or in connection with organizational and regular activities.

23 of the Federal Law of the Russian Federation "On the Status of military Personnel", a one - time monetary payment is made: if the total duration of military service is less than 10 years - in the amount of 5 salaries of monetary support, from 10 to 15 years-in the amount of 10 salaries of monetary support.

According to clause 3 of Article 10 of the Federal Law of the Russian Federation "On the Status of Military Personnel", the time spent by citizens in military service under a contract is counted in their total work experience, is included in the length of public service of a civil servant and in the length of work in a specialty at the rate of 1 day of military service for 1 day of work, and the time spent by citizens in military service conscription - 1 day of military service for 2 days of work.

ACTIONS OF THE HOUSING COMMISSION ARE ILLEGAL

My seniority is 20 calendar years. I am a military service veteran. In 1997, I transferred to Voronezh and was first in line to get a two-bedroom apartment, which I haven't had for 6 years. In June 1998, the housing commission changed its decision, making the first ensign in line. I filed a report on 23.06.97, he-30.06.97. The ensign transferred to Voronezh earlier, in 1996, to another unit, only 2 years without housing.

Is the decision of the housing commission of the region legitimate?

Major N. BRAIKO.

Voronezh city

The order of priority was changed improperly. The actions of the housing commission are illegal on the following grounds: your application in the form of a report dated 23.06.97 gives you a reason to be the first in the list for housing, unlike the soldier who submitted the report on 30.06.97, if both of you do not have an apartment.

According to Article 24 of the Regulations on the Procedure for Providing Living space in the Soviet Army and Navy, housing conditions are improved primarily for military personnel who have served in the Armed Forces for 20 years or more.

WHEN IT IS ESSENTIAL AND SYSTEMATIC...

Please explain what is a significant and systematic violation of the terms of the contract on the part of the state, which gives the right to early dismissal from military service.

Lieutenant Colonel M. USTYUGOV.

Alapaevsk, Sverdlovsk region

51 of the Federal Law of the Russian Federation "On Military Duty and Military Service" every serviceman who has signed a contract with the Ministry of Defense has the right to be dismissed from military service in accordance with subclause "a" of clause 3 of Article 51 of the Federal Law of the Russian Federation "On Military Duty and Military Service".

A violation of the terms of the contract in relation to a serviceman is considered significant, which entails such damage for the serviceman that as a result of which he is largely deprived of what he had the right to expect when concluding the contract.

Systematic is considered to be a constantly recurring, non-stopping violation of the terms of the contract in relation to a serviceman.

A serviceman dismissed from military service on this basis is subject to the rights and benefits provided for by the legislation of the Russian Federation in respect of military personnel dismissed from military service in connection with organizational and regular activities.

A detailed commentary and mechanism for exercising the right to dismiss in accordance with subclause "a" of clause 3 of Article 51 of the Federal Law of the Russian Federation "On Military Duty and Military Service" are given in the article "If the law is violated", published in Orientir No. 12 for 1998.

IF THE PAYMENT IS DELAYED

I have the length of service calculated by the personnel of the part: calendar-21 years, preferential-26 years. The military court recognized him as eligible for dismissal from the Armed Forces under subclause "a" of clause 3 of Article 51 of the Federal Law of the Russian Federation "On Military Duty and Military Service". The personal file is hopelessly stuck on the count in the district and the army. Cadres of the formation and army do not take submissions for dismissal without a list - counting the district's PMT, without taking into account the calculation of the unit.

Major B. NESTEROV.

Novosysoyevka village, Primorsky Krai

The procedure for calculating the length of service for military personnel's pensions is defined in Articles 18-39 of the Regulations on the Procedure for Assigning and Paying State Pensions, Allowances and Compensations to Persons who have Served in the Military... approved by Order of the Minister of Defense of the Russian Federation No. 350 (with amendments and additions) of October 8, 1994.

The delay in calculating the length of service may have occurred due to the complexity of confirming individual periods of service of a serviceman by archival authorities.

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