Libmonster ID: NG-1355


Why don't they give you loans

Dear editors, please explain why the government and the Russian Sberbank do not provide long-term loans and mortgages for housing construction or apartment purchase to preferential categories of citizens (World War II veterans, "Afghan" veterans, and "Chernobyl" victims), despite the fact that Russian laws (such as "On the Status of Military Personnel" and "On Veterans") require such payments.

Lieutenant Colonel Vladimir Khrychev, Nizhny Novgorod Region

The problem of housing loans for Russian citizens who need to improve their living conditions is one of the most pressing social issues of our time. Due to the lack of effective demand from the majority of the population for newly built housing, reduced budget allocations, and a lack of loans for the construction or purchase of ready-made housing (for example, Federal Law No. 29-FZ of February 26, 1997, "On the Federal Budget for 1997," did not provide for any funds to compensate banks for interest payments on preferential loans to citizens for the construction or purchase of housing, and as a result, preferential loans (interest-free loans) could not be provided to citizens), there was a decrease in the volume of housing construction. Thus, the state, having legislatively established the rights and benefits of citizens in need of improving their housing conditions and receiving preferential loans (grants), has not developed a mechanism for implementing these rights and benefits. At the same time, the experience of financing the purchase (construction) of housing in the regions of the Russian Federation has been taken into account by state authorities (joint construction and sale of housing on credit, a system of housing savings programs using regional and local budgets, municipal housing bonds, etc.). Currently, the procedure for granting and the amount of gratuitous subsidies for the construction and purchase of housing to citizens of the Russian Federation who need to improve their housing conditions and are registered for the provision of living space in local governments, enterprises, organizations, military units and formations, as well as persons who are entitled to preferential financing in accordance with the legislation of the Russian Federation construction or purchase of housing, but did not exercise this right, is determined by the Regulation on granting gratuitous subsidies for construction or purchase of housing to citizens of the Russian Federation in need of improved Housing Conditions (approved by Decree of the Government of the Russian Federation No. 937 of August 3, 1996, as amended on December 4, 1998). The size of the market value of 1 sq. The average cost of housing in Russia and the average cost of housing in each Russian region are determined by the Russian Ministry of Construction every 6 months before the issuance of state housing certificates, based on an analysis of the housing market in Russia.

A part of the payment will be made for the hotel

In connection with the withdrawal of the Russian Federation Border Troops from Georgia, where I served as the head of the motor service, on October 13, 1999, after the delivery of equipment, I was sent on a business trip to the SKRU headquarters in Stavropol to hand over my duties and position. My wife, who is also a military officer, and two children accompanied me. After handing over my duties, I departed for my new place of service. The head of the financial department where I serve refuses to pay for my family's accommodation in a hotel in Stavropol. Please explain whether the actions of the financial authority are legal.

Captain OSIN S.A., Leningrad Region, Sosnovy Bor

Your application does not specify how the financial and economic department of the military unit justifies its refusal to pay for your hotel room. However, in this case, the financial and economic body should be guided by Article 15, paragraph 3, of the Federal Law "On the Status of Military Personnel" and the Government of the Russian Federation's Decree "On the Procedure for Providing Free Financial Assistance for the Construction (Purchase) of Housing and the Payment of Monetary Compensation for Renting (Subletting) of Residential Properties by Military Personnel and Citizens Who Have Left Military Service" No. 604 dated June 26, 1995, which establishes the procedure and amount for paying monetary compensation to military personnel for renting (subletting) of residential properties.

According to the decree, the following conditions must be met in order to provide military personnel with monetary compensation for renting (subletting) residential premises:

- lack of suitable temporary accommodation or dormitories for military personnel and their families, or failure to provide them with suitable permanent or temporary accommodation in accordance with established standards;

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- the serviceman's desire to receive monetary compensation.

Item 16 of the Order of the Federal Border Service of the Russian Federation" On rendering gratuitous financial assistance for the construction (purchase) of housing and payment of monetary compensation for the rental (sublease) of residential premises to military personnel of the Federal Border Service of the Russian Federation " No. 189 of April 17, 1998, issued in pursuance of this resolution, also regulates the payment of monetary compensation to military personnel after arrival at the place of military service from the date of conclusion of the contract of hiring (sublease) of residential premises and until the date of termination of its validity.

When determining the amount of monetary compensation for the rental (sub-letting) of residential premises, the following family members of the military personnel are taken into account: the spouse (spouse-in-law) of the tenant, children and parents, as well as other persons recognized as family members of the tenant in accordance with the legislation of the Russian Federation.

Thus, the financial and economic body's refusal to pay monetary compensation is unlawful, and you can appeal it by submitting a report to your command, or, in accordance with Article 21 of the Federal Law "On the Status of Military Personnel," protect your right by appealing to the military court at your place of service.

Military wives have advantages

I serve in the Khasansky district, in a remote area. There is a shortage of specialists in the unit, including positions that can be filled by female military personnel. The military unit has approved my wife's application for service, but the military registration office has stated that there is a directive prohibiting the recruitment of women for military service. Is this legal? It seems to me that the directive contradicts the law.

Senior Lieutenant Oleg OLEINIKOV, Primorsky Krai, Zarubino-1 village

Unfortunately, you have not specified the directive referred to in the military commissariat. However, if the bylaws do not comply with the Federal Law (in this case, the Federal Law "On Military Duty and Military Service"), the Federal Law will be applied.

In accordance with Article 34, paragraph 5, of the Federal Law "On Military Duty and Military Service" No. 53-FZ dated March 28, 1998 (as amended on July 21, 1998), the following are the grounds for refusing to sign a contract with a candidate for military service:

- absence of vacant positions in the Armed Forces of the Russian Federation, other troops, military formations, and bodies according to the candidate's training profile or military specialty;

- a decision by the military unit's certification commission, approved by the commander (chief) of the military unit, to conclude a military service contract with another candidate based on the results of the competitive selection process;

- a decision by the military commissariat commission or the military unit's certification commission that a candidate for military service under a contract does not meet the requirements established by this Federal Law.

A contract cannot also be concluded with citizens who have been convicted, are under investigation or preliminary inquiry, or have a criminal case pending in court, or who have an outstanding or unexpired criminal record.

As for the wives of military personnel, in accordance with clause 6 of Article 10 of the Federal Law "On the Status of Military Personnel" No. 76-FZ of May 27, 1998 (as amended on December 31, 1999), all other things being equal, they have a preferential right to enter work in state organizations, military units and to remain on the territory of the Russian Federation. to work in state organizations, military units with a reduction in the number or staff of employees, as well as to the priority direction for professional training, advanced training and retraining on-the-job with the payment of an average salary during the training period.

The right to housing remains

On October 28, 1999, I was dismissed from the Russian Armed Forces at the end of my contract. The length of service at the time of dismissal is calendar - 13.5 years, preferential-21.5 years. I did not agree with the dismissal, as I do not have a home (I indicated it myself), but according to the decision of the attestation commission (I do not agree with the decision) the commander decided to issue documents for dismissal. At the moment, I'm registered with my family at the military unit, and I'm on the list of unaccompanied children, but two people have already received apartments, and they've forgotten about me. Please help me understand how to proceed in this situation, as it seems that I've been completely deprived of my right to receive housing.

Midshipman Vladimir Dorofeev, Arkhangelsk-20

If you did not agree with the decision of the certification committee

page 47

If you disagree with the assessment, you can appeal to your superior commander (boss) within a month of the assessment results being announced, or you can go to court.

The prohibition on dismissal from service of military personnel undergoing it under contract, without providing them with housing according to the established standards is contained in paragraph 1 of Article 23 of the Federal Law "On the Status of Military Personnel" and paragraph 17 of Presidential Decree "Issues of military service" No. 1237 of September 16, 1999 and applies to persons whose total duration of military service is those who are 10 or more years old, are subject to dismissal upon reaching the maximum age of service, for health reasons or in connection with organizational and staff activities, and at the time of dismissal do not have residential premises for permanent residence or need to improve their conditions in accordance with the norms established by Federal Law and other regulatory legal acts of the Russian Federation. These regulations do not apply to you, as you were dismissed for other reasons (due to the expiration of your contract).

The housing commission would not be able to remove you from the waiting list for housing without your consent if you had 20 or more years of military service in total, as determined by the calendar method (paragraph 13 of Article 15 of the Federal Law "On the Status of Military Personnel").

Unfortunately, in your case, the legislator has not provided for preferential grounds for obtaining housing for veterans of special-risk units, and the resolution of your housing issue should be carried out in the general manner, as for any citizen of the Russian Federation.

Insurance is required

I was standing in my outfit. I tried to break up the fight. Got a bruised scrotum. Investigation, treatment and surgery, post-surgery leave, regular leave - more than six months have passed. Now the commander pretends that nothing happened, but after all, the injury was received by me during the execution. Can you tell me what to do with insurance if the commander took such a position? File a lawsuit?

Senior Lieutenant Viktor KUZNETSOV, Primorsky Krai, Timofeevka village

In accordance with Article 4 of the Federal Law " On Mandatory State life and health insurance for military personnel, citizens Called Up for military training, Ordinary and senior Personnel of Internal Affairs Bodies of the Russian Federation, Employees of Institutions and Bodies of the Criminal Executive System, and Employees of Federal Tax Police Bodies&According to Federal Law No. 52 of March 28, 1998, an insured event is a severe or minor injury (wound, trauma, or contusion) sustained by an insured person during military service, training, or military exercises. At the same time, before the end of treatment, a medical examination of the VVC is carried out in order to determine the severity of the injury and a certificate is issued in the form that indicates the final diagnosis and the state of function of the damaged organs or systems (in established cases). Then the certificate is registered and issued to the insured against signature, and a copy of it is stored in the VVC (instructions to the order of the Minister of Defense of the Russian Federation "On the organization in the Ministry of Defense of the Russian Federation of compulsory life and health insurance of military personnel and citizens called up for military training" No. 455 of October 10, 1998). Article 7, paragraph 4, of the above-mentioned Federal Law makes commanders (superiors) and officials of military units responsible for implementing compulsory state insurance, and you can appeal the actions (or inaction) of your unit commander by submitting a report to your superiors, or, in accordance with Article 21 of the Federal Law "On the Status of Military Personnel," you can protect your rights in court at your place of service.

Urgent fees are not included

I am serving in the Armed Forces of the Russian Federation as a two-year officer. After graduating from the military academy, I participated in military exercises at a military unit. I am wondering if I have the right to leave the Armed Forces of the Russian Federation one month earlier than the expiration date of my conscription, including the one-month period of military exercises. However, I have been denied permission to leave the regiment, as they argue that the one-month period of military exercises only counts as part of my service.

Senior Lieutenant Andrey KRYLOV, Orenburg Region, village of Tonkoye-4

Federal Law No. 53-FZ of March 28, 1998, "On Military Duty and Military Service," in Article 37, paragraph 1 (k), establishes that a military serviceman, as well as a citizen undergoing military training, are considered to be performing military service during military training.

For citizens called up for military training (after March 1, 1993), the beginning of military service is considered to be the day of enlistment in the lists of military unit personnel (item 36 of the Regulations on the procedure for conducting military training of citizens of the Russian Federation who are in reserve (approved by Resolution of the Council of Ministers of the Russian Federation No. 605 of June 26, 1993).

Based on the meaning of the rule under discussion, you may be dismissed from the Russian Armed Forces before the expiration date only if the day of your arrival for military training coincided with the day of your enlistment in the military unit.

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