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SOLUTION

Name Russian Federation

The Central District Court of the city of Omsk, composed of the presiding judge Popova E.N., under the secretary Belyakova E.S., having considered in open court a civil case on the claim of A. against the Administration of the city of Omsk, the Administrative district Omsk, the Ministry of Finance of the Omsk Region, the Office of the Federal Treasury for the Omsk Region, the Ministry of Finance of the Russian Federation, the Ministry of Education of the Omsk Region, the Government of the Omsk Region on the provision of housing out of turn,

installed:

A. filed a lawsuit against the said defendants to provide her with housing out of turn in the category of “orphan child”. In support of the claim, she indicated that she was an orphan, she was brought up in boarding school No. for orphans, located at the address: Omsk, st., where she was in full state support. After graduating from the boarding school, she studied at vocational school No., living at that time in the dormitory of the school in Omsk, where she was temporarily registered at the place of stay. After graduating from college, she was again registered at boarding school no. By the Decree of the Mayor of Omsk dated May 26, 2008 No. 370-p, she was registered for receiving housing on an extraordinary basis under the category of "orphan child", but so far she has not been provided with housing. Referring to Part 2 of Art. 57 of the Housing Code of the Russian Federation, asks to oblige the defendants to provide her with housing under the contract social recruitment out of turn in the category "orphan child" at the expense of the budget of the city of Omsk.

According to the court ruling, the department of housing policy of the Administration of the city of Omsk was involved in the case as a co-respondent.

At the hearing A. supported the stated requirements on the grounds stated in the claim. She explained that she was asking to provide her with housing out of turn in the specified category, did not insist on providing housing at the expense of the budget of the city of Omsk.

At the hearing, the representative of the defendants - the Office of the Federal Treasury for the Omsk Region and the Ministry of Finance of the Russian Federation, by proxy did not recognize the claim and explained that the indicated bodies involved by the plaintiff as defendants do not take part in legal relations for the provision of living quarters to orphans and children left without care parents under social employment contracts. He believes that the UFK in the Omsk region and the Ministry of Finance of the Russian Federation are inappropriate defendants in the case. A written response to the claim was submitted (case files 36-37).

At the hearing, the representative of the Ministry of Education of the Omsk Region, by proxy, did not recognize the claims. She explained that according to Art. 44 of the Code of the Omsk region on the social protection of certain categories of citizens, art. 5.8 of the Federal Law of December 21, 1996 No. 159-FZ "On additional guarantees for social support orphans and children left without parental care”, art. 57 of the Housing Code of the Russian Federation, the plaintiff must be provided with housing under a social tenancy agreement by the local governments of Omsk directly at the expense of the local budget, since she is registered after the age of 18 and is not an orphan, but a person from among orphans and children left without parental care. The subvention allocated from the regional budget is provided only for the provision of housing for orphans and persons from among them who are registered before the age of 18, therefore, it cannot be used to finance the costs of providing local governments with housing for persons registered at the age of 18 to 23 years, in particular, the plaintiff. A response to the claim is submitted (case file 49-50).

IN court hearing representatives of the defendants: the Administration of the City of Omsk, the Department of Housing Policy of the Administration of Omsk, the Administration of the Central Administrative District of Omsk, the Ministry of Finance of the Omsk Region, the Government of the Omsk Region did not appear, they were duly notified of the place and time of the consideration of the case.

The representative of the Administration of Omsk, the Department of Housing Policy of the Administration of Omsk submitted a statement by proxy, according to which the representative asks to consider the case in the absence of the defendants' representative, submitted a written response to the claim (case sheets 33-34). The response states that these defendants do not agree with the plaintiff's claims, since municipal legal acts within the framework of the implementation of state powers to provide orphans with living quarters by the municipality of the urban district of the city of Omsk, Omsk region, were not adopted. Accordingly, independent expenditure obligations under Art. 86 of the Budget Code of the Russian Federation, the municipality of Omsk, Omsk Region, does not have any. Local self-government bodies are responsible for the implementation of certain state powers within the limits of financial resources allocated to the municipality of the urban district of the city of Omsk, Omsk region. The Administration of the city of Omsk has grounds for providing housing to the plaintiff only according to the queue, since in this list consists of citizens who have the same rights as the plaintiff, and if she is provided with housing on an extraordinary basis, the rights of other people on the waiting list will be violated. As of January 27, 2010, 437 citizens are registered in the category "orphans and children left without parental care". He asks to dismiss the claim.

The representative of the Government of the Omsk region, by proxy, submitted a written review, which states that the funds for the implementation of the transferred state powers are annually provided for in the regional budget in the form of subventions. In accordance with the Law of the Omsk Region dated December 29, 2009 No. 1219-OZ "On the regional budget for 2010" municipal districts (urban district) of the Omsk region to provide housing for orphans, children left without parental care, as well as children under guardianship (guardianship) who do not have fixed housing, subventions are set in the amount of 75,000.0 thousand rubles. rub. He asks to consider the case in the absence of a representative (case sheet 44).

The representative of the Ministry of Finance of the Omsk region, by proxy, submitted to the court a response to the claim (case file 40-41), according to which he considers the ministry an improper defendant in the case, asks to consider the case in the absence of a representative of the ministry.

After listening to the persons participating in the case, examining the materials of the civil case, the court comes to the following.

In accordance with Art. 18 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen are directly applicable, they determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice.

As follows from the case file, the plaintiff's parents, L.N. and G.P. based on the decision of Kirovsky district court Omsk from 1995 deprived parental rights in relation to his daughter A., ​​born in 1990 (case files 4-7).

According to the decision of the Head of Administration Kirovsky district Omsk dated April 1995, plaintiff A was determined in Orphanage for full government support. According to paragraph 2 of this resolution living space was not assigned to the plaintiff, since her parents did not have it (case sheet 8).

From the order of the Department of Education of the Administration of Omsk dated 2000 No. 2122od, it follows that Yu.P. released from the duties of the guardian of the ward A. since November 2000; minor A. was placed in a state children's institution for orphans and children left without parental care (case file 10).

Certificate of the budgetary educational institution of the Omsk region "Special correctional boarding school for orphans and children left without parental care with handicapped health number indicates that A studied at the specified institution from January 10, 2001 to August 31, 2006 and was fully supported by the state (case sheet 13).

By the Decree of the Mayor of Omsk dated 2008, the plaintiff was registered as citizens in need of residential premises provided under social employment contracts; the plaintiff was issued a waiting list card (case sheets 11, 12).

Thus, at the time A. was registered for housing, the age of the plaintiff was 18 years.

At the court session, it was established that A. E.G., not having her own housing (case file 14,15), is currently registered at the location of boarding school No. (case file 9).

Currently, A. has not been provided with housing under a social tenancy agreement, which was not denied by the defendants.

According to the information of the State Institution of the Omsk Region "Omsk Center for TIZ" and the Federal Registration Service for the Omsk Region, A. among the owners real estate does not appear (ld 14.15).

the federal law dated December 21, 1996 N 159-FZ "On additional guarantees for social support for orphans and children left without parental care" defines general principles, maintenance and measures of social support for orphans and children left without parental care, as well as persons from their number under the age of 23 years.

In accordance with Art. 4 of the Federal Law mentioned above, additional guarantees for the social support of orphans and children left without parental care, provided in accordance with the current legislation, are provided and protected by the state.

Federal executive authorities and executive authorities of the constituent entities of the Russian Federation develop and implement targeted programs for the protection and protection of the rights of orphans and children left without parental care, ensure the creation of state institutions and centers for them.

The provisions of Article 8 of Federal Law No. 159-FZ of December 21, 1996 "On additional guarantees for social support for orphans and children left without parental care" established that orphans and children left without parental care who do not have a fixed residential premises, after the end of the stay in educational institution or institution social service, as well as in institutions of all types of vocational education, either at the end of service in the Armed Forces of the Russian Federation, or after returning from institutions executing a sentence of deprivation of liberty, are provided by executive authorities at the place of residence out of turn with a living area not lower than established social norms .

This article is a special rule that determines the grounds and procedure for providing living space to orphans, children left without parental care, as well as persons from among orphans and children left without parental care.

According to this norm, the resolution of the requirement for the provision of living space is not made dependent on the presence or absence of other persons of the specified category who need improvement living conditions, and the time of their registration, it does not contain a provision on the provision of living space in the order of priority, there is no deadline for the provision.

The plaintiff's right to provide housing out of turn in the category of "orphan child" was not disputed by the defendants at the court session and was confirmed by the above evidence.

According to Art. 5 of the said Federal Law, these additional guarantees for orphans and children left without parental care (with the exception of children studying in federal state educational institutions) are expenditure obligations of the constituent entities of the Russian Federation. Laws and other regulatory legal acts of the constituent entities of the Russian Federation may establish additional types social support for orphans and children left without parental care.

Based on the analysis of the provisions of Art. 1, 4, 5, 8 of the Federal Law “On additional guarantees for social support for orphans and children left without parental care”, the court concludes that additional guarantees of the rights of the above category of orphans and children left without parental care, and also persons from among them, for residential premises, established by a special norm of the law - Article 8, relate to the expenditure obligations of the constituent entities of the Russian Federation and are established by the legislation of the constituent entities of the Russian Federation.

At the same time, the provisions of Art. 5 of the Law, establishing that the additional guarantees provided for by law for orphans and children left without parental care studying in federal state educational institutions are expenditure obligations of the Russian Federation, to legal relations related to the implementation of the right to an additional guarantee for social support - the provision residential premises - cannot be applied.

Additional guarantees of the rights of orphans and children left without parental care, as well as persons from among them, to property and housing are established by the legislation of the constituent entities of the Russian Federation and relate to the expenditure obligations of the constituent entities of the Russian Federation.

For the above reasons, the court does not take into account the arguments of the representative of the Ministry of Education of the Omsk Region that the regional budget funds in the form of subventions cannot be used to provide the plaintiff with housing.

On June 19, 2008, the Legislative Assembly of the Omsk Region adopted the Law of the Omsk Region of July 4, 2008 N 1061-OZ "The Code of the Omsk Region on the Social Protection of Certain Categories of Citizens", in connection with which the Law of the Omsk Region No. 806-OZ "On the Provision of Living Space orphans and children left without parental care” dated November 16, 2006 became invalid.

The Law of the Omsk Region of July 4, 2008 N 1061-OZ "The Code of the Omsk Region on the Social Protection of Certain Categories of Citizens" establishes the procedure for providing living space under social employment agreements for residents of the Omsk Region who are registered as children in need of housing - orphans and children left without parental care after the end of their stay in educational institutions or social service institutions, as well as in institutions of all types of vocational education.

In accordance with Part 1 of Art. 16 of the Law of the Omsk Region of July 4, 2008 N 1061-OZ The Omsk Region transfers certain state powers to the local authorities of the Omsk Region for an unlimited period in accordance with paragraph 3 of Article 35, paragraph 3 of Article 37, paragraph 4 of Article 41, paragraph 9 of Article 42 , paragraph 10 of Article 43, paragraph 15 of Article 44, paragraph 2 of Article 45, paragraph 2 of Article 46 of this Code.

According to paragraph 14 of Article 44 of the Law of the Omsk Region of July 4, 2008 N 1061-OZ, orphans, children left without parental care, and children under guardianship (guardianship), who are registered as needing housing, after the end of stay in an educational institution or a social service institution, as well as in institutions of all types of vocational education, or upon termination of service in the Armed Forces of the Russian Federation, or after returning from institutions executing punishment in the form of deprivation of liberty (hereinafter in this article - children - orphans) are provided with living space under social tenancy agreements.

Paragraphs 15, 16 of Art. 44 of the Law of the Omsk Region No. 1061-OZ provides that the Omsk Region transfers for an unlimited period to local governments of the city district and municipal districts of the Omsk Region state powers to provide living space under social employment agreements for orphans. The amount of subventions to local governments of the urban district and municipal districts of the Omsk region is calculated according to the formula in accordance with Appendix No. 5 to this Code. Local self-government bodies of the urban district and municipal districts of the Omsk region have the right to send subventions for the acquisition of residential premises in the ownership of the municipality of the Omsk region, for the reconstruction of residential premises owned by the municipality of the Omsk region, for the transfer non-residential premises in residential, for the construction of residential premises in accordance with federal law.

In accordance with Art. 57 of the Housing Code of the Russian Federation, out of turn, residential premises under social tenancy agreements are provided to: orphans and children left without parental care, persons from among orphans and children left without parental care, at the end of their stay in educational and other institutions, including including social service institutions, foster families, orphanages family type, upon termination of guardianship (curatorship), as well as upon termination of service in the Armed Forces of the Russian Federation or upon return from institutions executing punishment in the form of deprivation of liberty. Citizens who are registered as in need of residential premises are provided with residential premises under social rental agreements on the basis of decisions of the local self-government body. Under a social tenancy agreement, residential premises must be provided to citizens at their place of residence (within the boundaries of the corresponding settlement) with a total area per person not less than the provision rate.

As established during the trial, A E.T. has been registered as needing housing since May 26, 2008, but to date, she has not been provided with housing under a social tenancy agreement.

In accordance with the Law of the Omsk Region dated December 29, 2009 No. 1219-OZ "On the regional budget for 2010" subventions were distributed to the budgets of the municipal districts of the Omsk region for the provision of housing for orphans, children left without parental care, as well as children under guardianship (guardianship) who do not have fixed housing for 2010.

Municipal districts (urban district) of the Omsk region for the provision of housing for orphans, children left without parental care, as well as children under guardianship (guardianship) who do not have fixed housing, subventions are established in the total amount of 75,000.0 thousand . rub. (Appendix 11).

Under the above circumstances, given the plaintiff's unrealized right to receive housing on an extraordinary basis, the court considers that requirements A are to be satisfied, the obligation to provide the plaintiff with housing should be assigned to the Omsk City Administration represented by the Department of Housing Policy of the Omsk City Administration at the expense of budget of the Omsk region in the form of subventions.

Guided by Art. 194-199 Code of Civil Procedure of the Russian Federation, court

To oblige the Administration of the city of Omsk, represented by the Department of Housing Policy of the Administration of the city of Omsk, to provide A. with housing under a social rental agreement out of turn at the expense of subventions from the budget of the Omsk region.

The decision can be appealed to Omsk regional court through the Central District Court of Omsk within ten days after the final decision was made.

If until quite recently, orphans admitted from orphanages could receive housing almost immediately, that is, after coming of age, removal from guardianship, today the rules have changed.

The legislator decided to bring the norms of housing law to a common denominator, that is, everyone has equal rights to receive preferential housing on a general basis.

Previously, such a citizen had the right to receive social housing, and then privatize it and register ownership of the apartment. But this position was often used by scammers, and housing went into other hands. And again the citizen became needy. The government does not have legal grounds to prohibit such actions, and therefore decided to think about the fate of the orphans, so that they are aware of their actions.

All these very serious circumstances prompted a change in the state of affairs, and new provisions “On Amendments…” were developed, which considers the articles of the Housing Code on the allocation of living quarters to orphans.

The changes affected the duration of the rental of housing, the contract can only be concluded for a five-year period, and under the new legislation this does not give the right to privatize or exchange for a smaller area of ​​​​the apartment.

Who can use preferential provision housing? This right can be exercised by orphans who have no parents, or other persons up to 23 years old, if they belong to this category and do not have a permanent place of residence, that is, they have not signed a social housing contract. If, after all, there is a place where one can live officially, that is, he has a living space for hire, then such a right cannot be exercised.

Terms of the apartment

1. Firstly, only orphans who have reached the age of 18, or upon reaching capable qualities (set by a doctor), will be able to get an apartment. But in this case there may be exceptions to general rules which may be set by local authorities.
2. In addition to this point, this category of citizens should not have housing: not only owned, but socially hired, a path and a small area. But if a child has lost parental care due to the deprivation of their parental rights, and a child who has reached the age of majority can, in principle, live in the living space of his parents, then he will not be given housing under a preferential category.

However, the Law provides for the retention of the right to receive an apartment, even if he is over 23 years of age, if he still does not have a place for permanent residence. The former provisions terminated the right to receive housing from the state.

Just need to submit on time. required package to receive an apartment to the relevant authorities, and after the expiration of time, the housing will be necessarily distributed to the orphan, that is, until this actually happens.

How to get an apartment for an orphan

Orphans belong to the preferential category of citizens, and for them there is general order obtaining housing in their categories.

1. As soon as the citizen leaves the walls orphanage, he must apply for the allocation of an apartment to the board of trustees at the location of the orphanage.
2. Then you need to come to the local municipality and apply for the recognition of a citizen in need of living space, you need to have time to do this before reaching the age of 23, because after this milestone your application will not be accepted. But before that, collect the documents, a list of which can be found there.
3. After applying and documents the decision to allocate housing to you will be decided by the board of trustees, about decision you will receive a written notice. It is worth noting that orphans are among the first to receive square meters, since they have absolutely nowhere to live. But they can allocate instead of an apartment cash, housing will be purchased on them and given to you, according to the established sanitary standard, and no more.

Of course, getting free housing is good, but sometimes the queue does not come up as quickly as we would like. It is imperative to slow down the administration and members of the board of trustees, because they have things to do not only in relation to you.

Step-by-step instruction

1. Of course, the state itself does not know exactly who and when it is necessary to allocate free housing, and in order to have this opportunity, it is necessary to register with the provision of housing. But for this, it is necessary for the local authorities to recognize you as in dire need of housing: write statements about your petition there. Some trustees do this in advance, but if this fact is not recorded, then you should go through this procedure yourself.
2. Submit a petition to the local authorities with a request to recognize you as an orphan in need of housing.
3. Several references must be attached to the application: an extract from the orphanage, that you lived there for such and such a period, about the address of temporary residence, and about the condition marital status citizen is single or married (married or not). You also need an extract from the USRR - a register of real estate rights about your lack of housing in your property, or a concluded housing rental agreement with the municipality.
4. If a rental agreement was concluded, but the living conditions do not meet the established standards, then in the application indicate the violation of sanitary standards for each resident, if any.
5. A receipt will be issued confirming the acceptance of the application, and after 30 working days a decision will be made, which will be sent to the applicant by mail.

Even registration as needy is not a guarantee quick receipt housing, it may take several years, because preferential categories many, and everyone has the right to allocate square meters. If, nevertheless, all reasonable terms have ended, then the problem of housing can be solved in judicial order, legal protection carried out by the court.

File a claim with a request for the assignment of local, regional, federal authorities to provide an orphan with housing on an extraordinary basis. The claim must contain detailed information about all important circumstances: place of birth, date of registration, information from the administration on recognition as needing housing, information about the composition of the family. In the final part, indicate your requirements: I ask the court to impose on the self-government bodies the obligation to provide housing without a queue. There have been no court cases yet. Where a court would deny an orphan's request, such proceedings usually end favorably for the plaintiff.

What housing can an orphan child expect?

An orphan can receive housing at the place of registration and residence, it must be characterized as a separate residential building with the established norm of sanitary requirements. A room for social rental may be provided if this moment There are no available apartments. In addition, the composition of the family must be taken into account, and an apartment is provided for all members, and not just for an orphan.

Required documents

1. Application for housing as an orphan.
2. General passport of a citizen.
3. Document confirming orphanhood.
4. If the citizen has a family proof of registration marital relations and having children.
5. Extract from the register of real estate rights on the lack of living space.
6. When passing military service in the army, when the deadline is missed - a military ID and its photocopy.
7. If a citizen was serving a sentence in correctional facilities - a certificate of this.

Some local authorities may require other important documents, but this is at their discretion.

Where do I apply for a housing allowance?

Usually, local governments are involved in the provision of housing, it is they who should be contacted with prepared documents and an application. They also apply to the Board of Trustees, and they are notified in writing of the need for housing. Other authorities may also perform these duties, but in most cases this is done by the authorities listed above.

If the orphan already has a home

There are some cases of providing housing even if an orphan child has it, if the recognition of the impossibility of living in it is achieved:

• The parents of the child, deprived of parental rights, live in housing.
• The decision of the commission on the recognition of housing as not meeting the requirements of sanitary and technical standards, establishing its unsuitability for living.
• Patients with chronic diseases live in the dwelling infectious diseases, for example, tuberculosis, there is a risk of infection and it is impossible to live together.
• The orphan child himself is more acute form contagious disease, and Cohabitation impossible.
• If the sanitary standards for each family member are less than the established regional standards.

How to sell an apartment received by an orphan

Only property can be sold, but since a social tenancy agreement is concluded with an orphan for a 5-term period, nothing can be done with housing before the end of the agreement. But at the end of the term, housing can still be privatized and the property will be registered on it. An application for this is written to the local housing fund, and the state, according to the act of transfer, will register ownership of it.

In this case, the owner can do whatever he wants with him: sell, donate, exchange or bequeath.

), right to providing housing for orphans arises with the condition that they do not own housing assigned to them, and also if the living quarters that they previously occupied, preserved for them, are not available for their residence after their return.

The procedure for providing housing for orphans

Providing orphans with housing is carried out in the following order: upon reaching the age of 18, the child writes an application for the provision of housing. Housing may also be provided until the orphan child reaches the age of 18, for example, upon reaching full legal capacity, when he completes schooling, completes vocational education, returns after completing military service on conscription, at the end of serving a sentence in correctional facility or at the end of your stay medical organization for orphans.

Housing is provided from a specialized housing stock, once. It can be an apartment or a residential building.

According to the Information of the Ministry of Justice of the Russian Federation dated July 20, 2015 (see question No. 7), solving the housing problem of orphans in any other way than providing them with housing from a specialized housing stock is not allowed.

Thus, it is not allowed to provide subsidies to orphans for the purchase (construction) of housing, the provision of housing under a social contract of employment or for free use.

The issues of determining the procedure for providing housing for orphans are decided by regional and municipal legislation. So, for the city of Moscow, these are: The procedure for providing orphans with living quarters (Appendix No. 3 to Decree of the Government of Moscow No. 430-PP dated July 14, 2015), hereinafter referred to as “Appendix No. 3 to the Decree”, and the Law of the City of Moscow No. 61 of November 30, 2005 (Article 13: Additional guarantees of property rights):

Inclusion of a child in the regional list of orphans to be provided with housing

Children who are not provided with their own housing (under a social tenancy agreement or by the right of ownership), in the event that it is confirmed that they cannot live in the residential premises previously occupied by them, are included in the list of orphans to be provided with housing from the moment they reach the age of 14 years.

This list, in accordance with Law No. 159-FZ (clause 3, article 8), Law No. 61 (parts 3-5, article 13), Decree of the Government of Moscow No. 566-PP of September 08, 2015 (clause 1) and Appendix No. 1 to the Decree (clause 2), is conducted by the executive authority of the constituent entity of the Russian Federation. In particular, for Moscow, the list is maintained by the Department of Labor and social protection population of Moscow.

Annex No. 1 to the Resolution (clause 3) defines the categories of orphans to be included in the list. These are orphans:

• Who have a place of residence in Moscow.
• Who do not have a place of residence in Moscow and at the same time occupy places in state organizations of stationary social services in Moscow.
• Who do not have their place of residence in Moscow and are under supervision in an organization for orphans and children left without parental care.

According to Review judicial practice The Supreme Court of the Russian Federation No. 4 (2016), approved by the Presidium of the Supreme Court of the Russian Federation on December 20, 2016 (p. 12), the place of residence of an orphan child is interpreted in this context as the actual place of residence, and not the place where the child is registered, but does not live.

The inclusion of a child in the list is made at the request of his legal representative no later than from the moment the child reaches the age of 14 years will pass 2 months. The application is submitted to the body of guardianship and guardianship.

If the legal representative does not submit an application to the guardianship authority, the children have the right to declare their inclusion in the list in the guardianship authority on their own. Orphans who have acquired full legal capacity before reaching the age of 18 also independently declare their inclusion (see paragraphs 4 and 6 of Appendix No. 1 to the Resolution).

Appendix No. 1 to the Resolution (see paragraphs 10, 13, 15, 16, 21 and 23) states that estimated time from the moment of submitting an application to the guardianship authority until receiving a copy of the order of the Department of Labor and Social Protection of the Population on inclusion in the list (on a reasoned refusal to include) can take about three months.

In each region there are specialized authorized bodies that are in charge of resolving issues of providing orphans with housing. In Moscow, he is engaged in providing housing for orphans, in accordance with the Decree (clause 2), Appendix No. 3 to the Decree (clause 1.2) and clauses 1.1 and 1.3 of the Regulation, approved by Order of the Government of Moscow No. 547-RP dated April 19 2002, Decision Commission housing issues orphans, children left without parental care and persons from among them (hereinafter referred to as the “Commission”).

Residential premises for orphans are provided on the basis of a specialized residential premises lease agreement.

According to paragraphs 2.3 and 2.4 of Annex No. 3 to the Resolution, orphans who have reached full legal capacity before the age of 18 apply for housing on their own. Orphans also apply for housing on their own, in relation to whom their legal representatives in fixed time did not apply.

In the case when an orphan child is brought up in a foster family, an application for granting him a dwelling is sent by him (legal representative) to the guardianship and guardianship authority. The application deadline is April 1 of the year in which the child turns 17 years old.

Documents to the guardianship authority for obtaining housing for an orphan child

• An identity document of an orphan child, i.e. citizen of the Russian Federation.
• A document proving the identity and authority of the legal representative of the child.
• A certificate from a medical organization participating in the implementation of the Territorial Program of State Guarantees of Free Medical Care for Citizens in Moscow stating that an orphan child, for health reasons, is entitled to housing benefits.
• If an orphan child does not live at the place of residence on the day of filing an application with the guardianship authority, the legal representative of the orphan child submits to the guardianship authority a document on the place of actual residence of the child.

Other missing documents, if necessary, the guardianship authority requests from the relevant authorities in the manner interagency cooperation(see Annex No. 3 to the Resolution, paragraphs 2.6-2.8).

Having collected all the documents, by October 1, the Commission plans and approves the Plan for providing orphans with living quarters. The approved plan will serve as the basis for reviewing the documents of each orphan child. The result of the consideration of the documents will be the issuance of a conclusion on the provision of housing for each orphan child.

If the child's documents are not submitted in full, the Commission refuses to provide housing or removes from consideration the issue of providing this orphan child with housing.

After the minutes of the meeting of the Commission are drawn up, within nine days, all applicants are notified of the conclusion issued by the Commission (see Appendix No. 3 to the Resolution, clauses 3.1, 3.2, 3.5 - 3.10).

Conclusion of a rental agreement for specialized housing

Let's assume that our application is granted. In this case, within about 100 days after the execution of the minutes of the meeting, the Commission must inspect the proposed premises. Provided that both the child and his legal representative have agreed with the living quarters offered to the orphan child, an inspection ticket is drawn up and signed with them. Further, within three working days, this inspection ticket must be sent to the Department of City Property of Moscow.

Not later than 30 calendar days from the date of receipt by the Department of City Property of an inspection ticket, a contract for the rental of specialized residential premises is concluded, in accordance with Appendix No. 3 to the Resolution (clauses 4.5 - 4.7).

The lease agreement is concluded for five years. The concluded contract, as the basis for moving into a residential building, allows you to obtain registration at the place of residence (see Law No. 159-FZ (clause 6, article 8), Decree of the Government of the Russian Federation No. 548 of June 28, 2013 and Appendix No. 3 to Resolution (clause 4.8)).

According to the contract of employment specialized premises there is no charge for it. The user of the accommodation undertakes to use it exclusively for personal residence. Paid at the rates established for tenants of residential premises under social rental agreements, only consumed utilities.

The guardianship authority, in cooperation with the authorized executive body, in accordance with Law No. 61 (parts 11-13, article 13) and Appendix No. 3 to the Resolution (clauses 4.11-4.12), exercises control over the use of residential premises for their intended purpose .

Re-registration of the lease agreement for specialized residential premises at the end of its validity period

Is it possible to extend the lease agreement for specialized premises? Provided that the user duly fulfills all contractual obligations and at the same time there are circumstances indicating the need to assist him in overcoming a difficult life situation, the contract can be extended, at a time for a new period.

Otherwise, according to parts 9 and 10 of Art. 13 of Law No. 61, it is subject to termination with the conclusion of a social contract of employment in the manner prescribed by the Government of Moscow.

If it becomes necessary to provide qualified legal assistance in relation to protecting the interests of orphans, for example, if a dispute arises regarding the provision of housing for an orphan child, this assistance is provided within the framework of the state system of free legal aid free of charge. If it is necessary to represent the interests of an orphan child in court, it will be necessary to issue a power of attorney for a representative, issued through a notary (see Code of Civil Procedure of the Russian Federation (part 2, article 53), Civil Code of the Russian Federation (articles 185, 185.1) and Law No. 324-FZ dated November 21, 2011 (paragraph 4 of article 20)).

Civil Case No. 2-642 (2012)

In the name of the Russian Federation

Olovyanninsky District Court of the Trans-Baikal Territory composed of the presiding judge Radchenko The.M.

Under Secretary Poveteva N.S.

With the participation of the parties: the plaintiff Derbeneva C.The., the representative of a third party JV «Yasninskoe» L.Shorokhova (by proxy), a third party MKU RKO and DM Degtyareva I.C.

Having considered in an open court session a civil case on a claim Derbeneva S.A. to the administration of the municipal formation "Olovyanninsky district", the Government of the Trans-Baikal Territory, the Ministry of Finance of the Trans-Baikal Territory on the provision of housing out of turn under a social contract of employment, the court

SET UP:

Derbeneva S.V. (before marriage Temeneva S.V.) went to court with the above claims against the administration municipal district"Olovyanninsky district", to the Government of the Trans-Baikal Territory, the Ministry of Finance of the Trans-Baikal Territory on the extraordinary provision of housing, indicating the following, that she was born in DD.MM.YYYY in <адрес>. In 1993, together with her parents, she moved to her grandmother at the station. <адрес>. Where did they live <адрес>. On January 11, 2001, her father Temenev V.V. died. On April 18, 2001, by decree No. 9 of the head of the administration of the village of Yasnaya, Olovyanninsky district, guardianship was appointed over her older sister FULL NAME1, who lived separately and the plaintiff began to live with her at the station Yasnaya <адрес>. On July 18, 2002, by the decision of the Olovyanninsky District Court of the Chita Region, her mother FULL NAME9 was deprived of parental rights. In 2004, the plaintiff graduated from the 9th grade of the Olovyanninskaya district evening school secondary school in the same year she married FULL NAME10 and moved to him on service apartment by the address: <адрес>, and in 2008, upon the dismissal of her husband from the Armed Forces of the Russian Federation, they moved to the Stavropol Territory to her husband's parents, live in rented apartments. During the entire period of her residence, neither her parents nor she herself never had her own housing. Whether she was registered as an orphan in the Olovyanninsky district as a child, she does not know. Nobody ever told her about it. Recently I found out that I have the right to housing, I decided to go to court.

He asks to oblige the administration of the municipal district "Olovyanninsky district" to provide it out of turn under a social tenancy agreement with a living space with a total area of ​​​​not less than 33 square meters of the total area of ​​\u200b\u200bthe living space that meets sanitary and technical requirements. To oblige the Government of the Trans-Baikal Territory and the Ministry of Finance of the Trans-Baikal Territory to timely and fully finance from the budget (treasury) of the Trans-Baikal Territory the expenses of the administration of the municipal district "Olovyanninsky District" for the purchase of housing for it (case sheet 2-4).

From the response of the Government of the Trans-Baikal Territory, it follows that they do not agree with the claim, they ask to refuse, because. are not proper defendant in accordance with Article.Article. 49.57 LC RF. Derbeneva S.V. is not registered as an orphan child, has reached the age of 24 and is no longer an orphan child, accordingly, she no longer has the right to an extraordinary provision of housing. They asked to consider the case in their absence (case files 34-35).

From the recall of the Ministry of Finance of the Trans-Baikal Territory, it follows that the provision of housing is carried out by local governments under a social tenancy agreement with an area not less than established norm providing living space per person at the expense of subventions to the budgets of municipalities provided from the budget of the Trans-Baikal Territory. For 2012, the Law of the Trans-Baikal Territory "On the budget of the Trans-Baikal Territory for 2012 and the planning period of 2013 and 2014" to provide housing for orphans, children left without parental care, as well as children left under guardianship (guardianship), who do not have fixed housing provided 50638.8 thousand rubles. The administration of the municipality "Olovyanninsky district" is provided with funds for the implementation of the state authority to purchase housing for orphans in the amount of 1,500,000 rubles. Provision of housing for orphans, including Derbeneva S.V. is the responsibility of local governments. Financing of these obligations of local governments is carried out, including through subventions from the budget of the Trans-Baikal Territory. At the same time, the obligation of local governments to provide housing to persons from among orphans and children left without parental care is not made dependent on the financial support provided from the budget of the region, and the absence or insufficiency of funding should not be a reason for the failure of local authorities to implement self-government vested in them state powers. Citizens are registered as those in need of housing, and receive housing at the place of registration. Currently, Derbeneva S.V. lives in the Stavropol Territory. Thus, in order to be registered as in need of housing, the plaintiff can apply to the local authorities of the Stavropol Territory. In addition, they drew attention to the fact that Derbeneva C.The. under the age of 23 was not registered as needing housing, as a person belonging to the category of orphans, therefore, there are no legal grounds to provide her with housing on the territory of the municipal district "Olovyanninsky district". Asked to meet the claims Derbeneva C.The. refuse for groundlessness, consider the case in their absence (40-42).

At the hearing the plaintiff Derbeneva C.The. insisted on the claims in full, explained to the court the above, asked the claim to be satisfied. In addition, she explained that after graduating from school she got married, she did not apply for housing registration as an orphan in the administration of Yasninskoye, Olovyanninsky district.

The representative of the joint venture "Yasninskoye" does not agree with the claim, supported the arguments set forth in the recall, explained that the plaintiff was not registered as needing housing, she did not apply for registration.

The representative of the MKU RKO and DM MO "Olovyanninsky district" agrees with the claim, explained that the plaintiff was not registered as an orphan child, she did not apply for registration as needing housing.

The representative of the plaintiff Temeneva H.The. at the hearing did not come, the time and place of the hearing notified.

The following defendants did not appear at the hearing: the Administration of the Olovyanninsky District, the Government of the Trans-Baikal Territory, the Ministry of Finance of the Trans-Baikal Territory, were duly notified of the time and place of the hearing.

Third parties did not appear at the court session, not declaring independent claims: JV "Dolgokychinskoye", MO "Grachevsky Village Council" of the Grachevsky District of the Stavropol Territory, Office Federal Service state registration cadastre and cartography (Office of Rosreestr) for the Trans-Baikal Territory and for the Stavropol Territory, the municipal archive of the Olovyanninsky District of the Moscow Region, were duly notified of the time and place of the court session.

The court, taking into account the consent of the parties who appeared, decided to consider the case in the absence of those who did not appear, in accordance with Part 4, notified of the time and place of the court session.

After hearing the parties, having studied the materials of the case, the court finds the claims not subject to satisfaction, based on the following.

By the decision of the Olovyanninsky District Court of the Chita Region dated 18.07. 2002 mother of the plaintiff FULL NAME9 deprived of parental rights in relation to the children of the Temenevs: FULL NAME15 DD.MM.YYYY year of birth, Svetlana DD.MM.YYYY year of birth (plaintiff), FULL NAME16 DD.MM.YYYY year of birth (case file 6-8.17).

Decree No. 9 of 18.04. 2001 administration Art. Yasnaya, Olovyanninsky district, Chita region FULL NAME1 established guardianship over Temeneva C.The. (plaintiff) (case file 9-10).

From the information of the Rosreestr of the Stavropol Territory and the Trans-Baikal Territory, the State Unitary Enterprise IC "Kraytekhinventarizatsiya" Grachevsky branch of the Stavropol Territory, information about real estate objects on Derbeneva S.V. not available (case file 12, 16,26,79).

Plaintiff marriage with FULL NAME10 concluded 28.05. 2004, after the marriage, the surname Derbenev was assigned (case sheet 24).

According to the list, the MKU RKO and the DM of the Olovyanninsky district confirm that the plaintiff does not have fixed housing as an orphan in the territory of the Olovyanninsky district, in priority queue, as in need of housing, is not a member and has not applied (case file 27).

JV "Dolgokychinskoye" reports that Temeneva S.V. does not live in Dolgokych since 1993, parents dropped out at st. Clear with children. The plaintiff, her guardian, did not apply for registration as in need of housing (case files 47.75).

From the municipal archive of the MO "Olovyanninsky district" a message was received that the Resolution on assigning a dwelling to an orphan child Temeneva S.V. not found (ld 72-74).

Witness FULL NAME1 interrogated by the court explained that the sister of the plaintiff, after the deprivation of parental rights of their mother, she issued custody of her sister Derbeneva S.V., lived at st. Clear. There were no applications for registration as a person in need of housing (case file 130).

Part 2 provides that, out of turn, living quarters under social tenancy agreements are provided to citizens whose living quarters are recognized in accordance with the established procedure as unfit for habitation and are not subject to repair or reconstruction (paragraph 1) and orphans and children left without parental care, persons from the number of orphans and children left without parental care, at the end of their stay in educational and other institutions, including social service institutions, in foster families, family-type orphanages, at the termination of guardianship (guardianship), as well as at the end of service in Armed Forces of the Russian Federation or upon return from institutions executing punishment in the form of deprivation of liberty (paragraph 2).

According to paragraph 2 of paragraph 1 of Art. 8 of the Federal Law of December 21, 1996 N 159-FZ "On additional guarantees for the social support of orphans and children left without parental care" orphans and children left without parental care, as well as children under guardianship (guardianship ), who do not have fixed housing, after the end of their stay in an educational institution or a social service institution, as well as in institutions of all types of vocational education, or after the end of service in the ranks Armed Forces of the Russian Federation, or after returning from institutions executing a sentence of deprivation of liberty, are provided by executive authorities at the place of residence out of turn with living space not lower than established social norms.

As follows from the interrelated provisions of the preamble and Article 1 of this Law, its provisions apply to orphans and children left without parental care and persons from among them until they reach the age of 23.

The registration of citizens as those in need of provision of residential premises out of turn is of a declarative nature, the registration of such citizens was carried out according to separate lists.

Meanwhile, as can be seen from the materials of the case, the plaintiff, with an application for registering her as needing housing before she reaches the age of 23, or for an extraordinary provision of housing, did not apply to the joint venture "Yasninskoye", MKU RKO and DM MO " Olovyanninsky district”, is not included in the lists for persons registered (registered) as needing housing.

The foregoing is not disputed.

Since the plaintiff was not registered as needing housing, as a child left without parental care, and applied for housing after the age of 23 (statement of claim dated May 29, 2012), therefore she lost the right to social support from the state, including the right to extraordinary housing (case files 2-4).

Currently, the plaintiff has reached the age of 24 and has lost the status of a person left without parental care, and, accordingly, the right to social support from the state on the specified basis, including the right to extraordinary housing.

Reaching the age of 23 by a person cannot be a basis for depriving him of the guaranteed and unrealized right to an extraordinary provision of housing that he did not receive, only for persons who have risen (put) on the register as needing housing before the specified age, t .e. until the age of 23.

At the same time, housing legislation and Federal Law No. 159-FZ of December 21, 1996 "On additional guarantees for social support for orphans and children left without parental care" (with subsequent amendments) do not provide for the restoration of the deadline for registering citizens as those in need of housing, as belonging to the category of orphans and children left without parental care.

Taking into account the norms substantive law, examined at the hearing evidence, requirements Derbeneva C.The. not subject to satisfaction.

Guided by Art. Article 194-198 Code of Civil Procedure of the Russian Federation, court

Claim Derbeneva S.V. to the administration of the municipal formation "Olovyanninsky district", the Government of the Trans-Baikal Territory, the Ministry of Finance of the Trans-Baikal Territory on the provision of housing out of turn under a social contract of employment, to leave without satisfaction.

The decision may be appealed to the Court of Appeal civil affairs Trans-Baikal Regional Court in 30 days from the date of the final decision.

Decision No. 2-157/2016 2-157/2016 (2-8848/2015;)~M-8444/2015 2-8848/2015 M-8444/2015 dated January 28, 2016 in case No. 2-157/2016

Case No. 2-157/2016

SOLUTION

In the name of the Russian Federation

presiding judge Kopeistova Oh.GN

under Secretary nSavina L.V.

examined in open court in g. Chita civil case on the claim Bryleva AND.The. to the Ministry of Social Protection of the Population of the Trans-Baikal Territory on the obligation to provide housing under a social contract of employment,

SET UP:

Plaintiff Bryleva AND.The. applied to the court with the specified statement of claim, referring to the following. She is a person from among orphans and children left without parental care. She is included in the list of orphans and children left without parental care who need housing in the Trans-Baikal Territory, but so far she has not been provided with housing. He asks to oblige the Administration of the city district "City of Chita" to provide out of turn on the terms of the social tenancy agreement residential premises in the form of a separate comfortable apartment located in the city of Chita with a total area of ​​​​not less than the provision rate that meets sanitary and technical requirements in the current financial year, that is, in 2015. Oblige the Government of the Trans-Baikal Territory, the Ministry of Finance of the Trans-Baikal Territory to finance the Administration of the Urban District "City of Chita" from the budget of the Trans-Baikal Territory to provide Bryleva I.V. residential premises under a social tenancy agreement in the form of a separate comfortable apartment located in the city of Chita, with a total area of ​​​​not less than the provision rate, which meets sanitary and technical requirements.

Determination of the Central District Court of Chita dated December 14, 2015. the replacement of improper defendants of the Administration of the urban district "City of Chita", the Government of the Trans-Baikal Territory, the Ministry of Finance of the Trans-Baikal Territory with the proper Ministry of Social Protection of the Population of the Trans-Baikal Territory.

Plaintiff Bryleva AND.The. at the hearing clarified the claims, in which she asks to oblige the Ministry of Social Protection of the Population of the Trans-Baikal Territory to provide, out of turn, on the terms of a social contract of employment, residential premises in the form of a separate comfortable apartment located in Chita with a total area of ​​​​not less than the provision norm that meets sanitary and technical requirements in the current financial year.

The defendant, the Ministry of Social Protection of the Population of the Trans-Baikal Territory, duly notified of the place and date of the consideration of the case, did not appear at the hearing, the reasons for not appearing in court are not known.

DECIDED:

Claims Brylevoj AND.The. to the Ministry of Social Protection of the Population of the Trans-Baikal Territory on the obligation to provide housing to partially satisfy.

Oblige the Ministry of Social Protection of the Population of the Trans-Baikal Territory to provide Bryleva Irina Vladimirovna with a comfortable living space of at least 25 sq.m., which meets sanitary and technical standards under a contract for specialized rental of residential premises in the territory of the Trans-Baikal Territory.