The legal definition of the housing stock, its types and order of accounting are determined in Art. 19 LCD of the Russian Federation, according to which a specialized housing fund is a set of individual categories of citizens and provided according to the rules of the LCD of the Russian Federation residential premises of state and municipal housing stocks.

Depending on the purpose of destination of residential premises in part 1 of Art. 92 LCD RF is defined list of premises related to residential premises of a specialized housing stock:

1) service residential premises;

2) residential premises in hostels;

3) residential premises of the maneuverable fund;

4) Residential premises in system homes social service population;

5) Residential premises of the Foundation for the temporary settlement of internally displaced persons;

6) residential premises of the Fund for temporary settlement of persons recognized as refugees;

7) Residential premises for social protection of individual categories of citizens.

Part 2 Art. 92 LCD RF determines the conditions under which residential premises can be used as specialized residential premises. These conditions include:

1) the relevantness of the residential premises to the state or municipal residential foundation. The provision of residential premises of a private housing stock is not allowed as specialized. To the State Housing Fund of the LCD RF (part 2 of Art. 19 LCD of the Russian Federation) refers a set of residential premises belonging to the right of ownership of the Russian Federation (Housing Fund of the Russian Federation), and residential premises belonging to the right of ownership to the subjects of the Russian Federation (housing fund of the constituent entities of the Russian Federation). The municipal housing foundation unites all the residential premises that belong to citizens on the right of ownership;

2) Passage by residential premises of the procedure for attributing it to a specialized housing stock.

Article 92 of the LCD of the Russian Federation defines the following procedural conditions Related premises to a specialized housing stock: the inclusion of residential premises to a specialized housing fund and the elimination of such a premises from the specified fund is carried out on the basis of the decision-making of the body implementing the management of state or municipal housing funds. The decisions of the above authorities should contain provisions for the assignment of residential premises to a certain kind specialized residential premises.

The empowerment of the residential premises of the specialized housing stock is limited. So, the state or municipality can provide the indicated premises only under contracts social Namacan not alienate them under sale contracts.

Article 93 LCD RF determines the purpose of using residential premises of a specialized housing stock.

These residential premises are designed to accommodate citizens associated defined relationships with the state bodies listed in the article and organizations. Such relationships arise when admission to work on state unitary enterprises, passing the state civil or municipal service, in connection with the appointment of the Russian Federation or the state position of the subject of the Russian Federation, as well as in cases of election to elected positions. Such relations are regulated Labor Code Russian Federation dated December 30, 2001 No. 197-FZ (TC RF) and other special federal laws.

These organizations include:

1) state authorities;

2) local governments;

3) state unitary enterprises;

4) Municipal institutions.

2. The basis for the provision of specialized residential premises

The provision of residential premises from a specialized housing foundation occurs in the following order.

1. Adoption decision of owners Such residential premises. Owner B. this case Legally submit state authorities or local governments, since publications independently do not make decisions (Article 125 of the Civil Code of the Russian Federation).

2. Conclusion with the citizens of the contract of hiring such a premises. A residential premises from a specialized residential foundation is provided only to those citizens who need it, that is, no residential premises in the respective settlement. The section of the LCD of the Russian Federation dedicated to a specialized housing stock determines the appointment of the residential premises of the specified fund: temporary residence of citizens not provided by residential premises in this village, due to certain circumstances.

The Housing Code of the Russian Federation establishes certain requirements for the contract of hiring residential premises. The contract of hiring a specialized residential premises is not consigned to the citizens who are provided from a state or municipal housing stock in social protection.

Housing Code of the Russian Federation enshrines general terms and Conditions contract of hiring specialized residential premises. Specific provisions of such a contract depends on the status of selected premises and the employer. The parties to the contract of hiring the premises of the specialized residential foundation are the following personnel (current on behalf of the owner of a specialized residential premises, an authorized body of state power, an authorized body of local self-government or authorized persons) and the employer (a citizen who provides the specified residential premises (paragraph 1 of Art. 60 LCD RF LCD )).

This contract is urgent and compensated. The residential premises are provided for a certain fee and temporarily, as a rule, on the period that coincides with the time of work of a citizen or other circumstances, in connection with which the citizen had the right to conclude such an agreement.

The contract of hiring a specialized residential premises is only on the basis of a decision on the provision of such a residential premises. The authorized body of state authorities, the authorized body of local self-government or authorized by them, the authorized body of local self-government or authorized by him is entitled to conclude the above agreement only after deciding on the provision of such a residential premises to the relevant authorities or authorized by persons.

Subject The contract of hiring a specialized residential premises can be isolated residential premises (house, part of the house, apartment, part of the apartment). However, this rule is an exception - the provision of housing in hostels, where residential premises are provided at least 6 m? Residential area per person (part 1 of Art. 105 LCD RF). The settlement in the hostel admires several people who are not related to related relationships.

Compared to other contracts for hiring residential premises this contract imposes certain restrictions on the employer. Thus, the employer is not entitled to transfer the residential premises of a specialized residential foundation in the service and carry out the transactions of exchanges. The rules of use of the specialized residential premises are the following: the rights and obligations of the hides, with the exception of the above, repeat the rights and obligations of the hiring for the usual social employment contract.

Under the social hire of residential premises, the Moderator has the right to demand the timely payment of fee for the use of residential premises.

Moderator of residential premises under a social hire agreement has such duties as:

1) transfer to the employer free from any personal rights (for example, rental rights) of residential premises;

2) the provision and direct participation in the proper maintenance and repair of common property in an apartment building, in which the residential premises are submitted;

3) production overhaul residential premises;

4) promoting the provision of employer communal services in sufficient quantity and proper quality (Part 1 of Art. 60 LCD RF).

One of the terms of the contract of hiring a specialized residential premises is to indicate in this contract of family members of the employer of a specialized residential premises. And, accordingly, they carry rights and obligations together with the employer according to the rules established by section IV LCD RF.

According to Art. 69 LCD RF to members of the family of the employer of a specialized residential premises under the employment agreement include his spouse living together with him, as well as children and parents. Other persons (other relatives, disabled dependents) are recognized by members of the family of the employer of the specialized residential premises under the employment agreement, if they are universal as members of his family and lead a general farm with him.

The contract of hiring a specialized residential premises is a simple writing. The Government of the Russian Federation has the right to approve the standard contracts for hiring a residential premises of a specialized housing stock for individual categories of employers.

The termination of the contract of hiring a specialized residential premises can be made by agreement of the parties at any time. According to Part 1 of Art. The 101 LCD of the Russian Federation Party of such a contract of hiring has the right to terminate a contract concluded between them a contract of hiring specialized residential premises at any time. In the sense of a commented article, only the employer can use this right. The signator is entitled only to apply with such a proposal to the tenant, which may decide to terminate the contract between them or refuse such a proposal. In case of refusal, the hide can terminate the contract only in judicial order.

Part 2 of Art. 101 LCD RF established the right of employer at any time to terminate the contract of hiring a specialized residential premises. Accordingly, the employer is obliged to inform the hornger.

Exist special order and conditions of termination of a contract of hiring specialized residential premises at the initiative of the Moderator. They are fixed in part 3 of Art. 101 LCD RF. The signator may require the termination of the specified contract exclusively in court.

The basis of such a requirement is the failure to fulfill with the members of his family obligations under the contract of hiring specialized residential premises (paragraph 4 of Art. 79 LCD RF):

1) non-planning fee for residential premises and (or) utilities for more than six months;

2) destruction or damage to the residential premises by employer or other citizens, for whose actions he is responsible;

3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible cohabitation in one residential room;

4) the use of residential premises is not intended;

5) Other cases provided for by Art. 83 LCD RF (Art. 83 LCD RF).

At the request of the signator, the contract of hiring a specialized residential premises can be terminated in the case when the employer compelledly produced a reorganization or redevelopment of the room occupied if, after a warning, this residential premises will not be given in the previous state.

The basis for the termination of the contract of hiring a specialized residential premises:

1) loss of residential premises of a specialized housing stock. Under the loss is the destruction of residential premises. The residential building can be destroyed as a result of its demolition, collapse, natural disaster or other emergency, i.e. it is about the destruction of the employment contract facility, and not by the will of the employer. Of course, in case of termination of the contract of hiring a specialized residential premises in connection with the destruction of a residential building, the employer and members of his family provides another specialized residential premises with the conclusion of a similar contract of employment (Part 1 of Art. 102 LCD RF);

2) termination labor relationship or staying at the elective position, as well as dismissal from the service is the basis for the termination of the contract of hiring a service residential premises. Termination of labor relations, the passage of service or training is the basis for the termination of the contract of hiring residential premises in the hostel (part 1 of Art. 103 LCD RF);

3) the expiration of the period on which the contract for the hiring of the residential premises of the maneuverable fund was concluded. Since the contract of hiring residential premises for internally displaced persons and refugees is to a certain period, then, accordingly, its ending is the basis for the termination of such a contract (part 1 of Art. 103 LCD RF);

4) the transition of ownership of official residential premises or premises in the hostel, the transfer of such a residential premises to economic management or management of another legal entity. The exceptions are cases when the employer of this residential premises has employment relations with the new owner or legal entitywhich is transferred to such a residential premises (paragraph 2 of Art. 102 LCD RF).

The law especially regulates the process of evicting citizens from specialized residential premises.

In itself, arbitrary deprivation of housing is contrary to Part 1 of Art. 40 Constitution of the Russian Federation, so forced a citizen to leave the residential premises can only court.

However, part 1 Art. 103 LCD RF provides for the obligation of a citizen to leave the specialized residential premises held by him in the event of termination of the contract of employment under the grounds provided for them.

As for the relations arising before the introduction of the new LCD RF, in Art. 13 FZ "On the introduction of the Housing Code of the Russian Federation" says that "citizens who live in official residential premises and residential premises in the hostels provided to them before entering into force the Housing Code of the Russian Federation are registered as in need of residential premises, Provided under social hire agreements, or have the right to consist in this accounting, cannot be evicted from these residential premises without providing other residential premises, if their eviction was not allowed by law before entering into force the Housing Code of the Russian Federation. "

The law distinguishes the eviction with the provision of another well-maintained residential premises and without the provision of this.

According to Part 2 of Art. 103 LCD RF cannot be evicted from official residential premises and residential premises in hostels without providing other residential premises are not Hitters of residential premises under social employers or members of the family of residential premises under a social hire agreement or owners of residential premises or family members of the owner of residential premises and consistent as needing residential premises:

1) Family members of military personnel, officials, employees of the internal affairs, organs federal Service Security, customs authorities of the Russian Federation, state fire services, turnover control bodies narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system who died (deceased) or missing in the performance of military service responsibilities or official duties;

2) old age pensioners;

3) family members of the employee who provided a service residential premises or a residential premises in a hostel and who died;

4) Persons with disabilities I or II groups, the disability of which came due to labor injury due to the fault of the employer, the disabled I or II groups, the disability of which came due to a professional disease due to the execution labor duties, Disabled people of military personnel who have become disabled I or II groups due to injury, contusion or injury, obtained in the performance of military service responsibilities or due to the disease associated with the execution of military service responsibilities.

Evregulation of these citizens with the provision of other well-maintained residential premises is assigned to the former owner of the residential premises.

These individuals are provided with another residential premises that meet the following characteristics:

1) the correspondence of residential premises by sanitary standards;

2) the correspondence of residential premises by technical standards;

3) The residential premises must be located within the same settlement.

In the calculation may not be taken such characteristics of premises as the landscaping and size of the residential premises, in the case of evicting citizens from the hostel.

The law enshrines the features of the provision of official residential premises.

1. Office residential premises are provided to citizens in connection with the nature of their work in the public authority, local government, the state unitary enterprise, a state or municipal institution or due to passage public service or finding the state authority or local government in the electoral position.

2. Only individual apartments are provided to these categories of persons, the provision of the room in the hostel is not allowed. In accordance with Part 3 of Art. 16 LCD RF apartment recognizes a structurally separate room in an apartment building, which ensures the possibility of direct access to the premises common use In such a house and consisting of one or more rooms, as well as the premises of the auxiliary use intended to meet citizens of household and other needs associated with their accommodation in such a separate room.

3. Termination of labor relations, service relationship, the expiration of the term for which a citizen was elected to a position, serve as grounds for termination of the contract of hiring a service premises.

The provision of residential premises in the hostels is made at the rate of the minimum area in 6 m? for one person.

In order to be eligible for the provision of residential premises in a hostel, a citizen must be in labor relations or study in an organization (educational institution), this educational institution is on whose balance. Accordingly, the decision on the provision of a citizen of the residential premises in the hostel serves as a basis for the conclusion of a contract of hiring.

The indicated agreement is for the period during which employment relations between the Parties have employment relationships, relations on the passage of service or training. Confirmation of these relations, respectively, is an employment contract, a service contract, a contract (contract) or a corresponding act on the provision of services in the field of education.

The end of the above relationship serves as the basis for the termination of the contract of hiring residential premises in the hostel.

Public authorities or local governments have the right to allocate the so-called maneuverable fund as part of a state or municipal housing foundation. It serves as a temporary provision of residential premises to citizens in the following cases:

1) if the house has been overhaul, the room in which is granted to a citizen on the basis of a social hiring agreement;

2) if a citizen has lost the only residential premises as a result of the appeal of the recovery on such a premises;

3) if, as a result of emergency circumstances, the actions of the natural forces of nature, a citizen has lost the only residential premises;

The norm of providing residential premises in the houses of the maneuverable fund is 6 m? per person. The target appointment of these residential premises is the placement of citizens for temporary residence.

The contract of hiring a residential premises of the maneuverable fund lies for the period:

1) until the completion of the overhaul or reconstruction of the house;

2) until the completion of calculations with citizens, raising residential premises as a result of the appeal of the recovery on them, after the sale of residential premises to which the recovery was drawn;

3) until the completion of calculations with citizens, the only residential premises of which became unsuitable for residence as a result of emergency circumstances, or before providing them with other residential premises of the state or municipal housing stock;

4) other deadlines established by the legislation (art. 105 LCD RF).

The expiration of the period on which the contract of hiring a residential premises of the maneuverable fund is concluded, is the basis for the termination of this contract.

The provision of residential premises in the houses of the social service system is provided for by law in case citizens applying for such premises need social Protection. The order, the conditions for the provision and use of the above residential premises are established by federal legislation, the legislation of the subjects of the Russian Federation.

The procedure for providing residential premises of funds for temporary settlement of internally displaced persons and persons recognized as refugees is established by federal laws (art. 108 LCD RF).

According to Art. 109 LCD RF for social protection of certain categories of citizens may be provided by residential premises in accordance with special federal legislation or legislation of subjects.

Types of residential premises of a specialized housing stock:

1) service Living spaces;

2) Residential premises in hostels ;

3) residential premises maneuverable Foundation;

4) Residential premises in system homes social service population;

5) Residential Premises of the Fund for Temporary settlement forced immigrants ;

6) residential premises of the Fund for temporary settlement of persons recognized refugees ;

7) residential premises for social protection certain categories of citizens;

8) residential premises for children orphans And children left without parental care, people from the number of orphans and children left without parental care.

Residential specialized uses rooms . and municipport . Housing stocks.

Using lived. the premises as a specialized allowed only after classifying Such room to specialized Housing Fund with compliance with the requirements and in the manner established by the Federal Executive Government of the Russian Federation. The inclusion of the room into a specialized lived. The foundation with the assignment of such a premises to a certain type of specialized lived. premises and exception lived. The premises from the specified Fund are accomplished on the basis of the decision-making of the government. or municipality. lived. Foundation.

Specialized residential premises not subject to foreclosure Transmission for rent. , veam , With the exception of the transfer of the specified premises, we have or free use of those citizens, for the settlement of which they are intended. Provision residential premises occurs by more low standards Compared to the SOC Treaty. hiring.

Specialized lived. Premises provided on the the basis of solutions of owners Such premises or authorized persons. Based this solution With a citizen the contract is concluded specified premises for say . Cases when a person refers to the category that lived. Premises are provided under contracts for free

Service Residential premises are designed for accommodation citizens due With the character of them labor relationship with the state of the state. authorities, local self-government, state. or by a municipal unitary enterprise, state. or by the municipal institution, in connection with passing service , in connection with appointment on state position RF or State. position of the subject of the Russian Federation or in connection with the election on posted posts to state bodies. Authorities or local authorities. Service residential premises are provided for the entire service life in closed military towns with military personnel - citizens passing military service under the contract, and together with them to members of their families.

Residential premises refers to the number of service , if a :

1) even before providing it this person It is recognized as such a solution to the competent authority;

2) a person is granted, which in the nature of the duties assigned to it can be settled on the service area;

3) provided to this person by decision of the owner of the relevant premises or the person authorized by him;

4) The use of the specified room is carried out on the basis of the contract.

Service Premises are provided to citizens as residential building, a separate apartment. Hiring service agreement Residential premises concludes for the period: labor relationship; passing services ; Saying to state. posts RF, State. Positions of the Directory of the Russian Federation or in the electoral position.

Termination Labor relationship either staying on the state. position of the Russian Federation, state. positions of the subject of the Russian Federation or in the electoral position, as well as dismissal from service is the basis of the termination of the contract Hiring service residential premises.

In cases termination or termination Hiring contracts for residential premises Citizens must release Residential premises that they occupied according to these treaties. When failure to free Such residential premises specified citizens are subject to eviction judicially without provision other residential premises.

Can not be evicted of service Residential premises I. in hostels Without providing other residential premises:

1) family members of military personnel , officials, employees organs domestic Affairs, FSB bodies, customs authorities of the Russian Federation, state fire service bodies, control bodies for drug trafficking and psychotropic substances, institutions and bodies of the penitentiary system, dead (dead) or missing in the performance of duties;

2) pensioners in old age;

3) family members employee who was given a service residential premises or a residential premises in a hostel and which died ;

4) disabled I or II groups, disability which it came: as a result labor injury by the fault of the employer; or as a result professional disease ; Due to injury, contusion or injury, obtained in military service.

These citizens are provided with other residential premises, which should be within the corresponding settlement.

Living spaces in hostels intended for temporary residence of citizens during their work, service or training . Termination of labor relations, learning, as well as dismissal from service is the basis for the termination of the contract of hiring residential premises in the hostel.

Lived. Premises in hostels furniture are staffed and other issues needed to accommodate citizens. Lived. Premises in hostels 6 m² lived. Square on 1 person .

Living spaces maneuvered Foundation Designed for temporary residence:

1) citizens in connection with overhaul or reconstruction Houses in which there are residential premises occupied by social hiring contracts;

2) citizens lost residential premises as a result of the appeal of recovery on these residential premises;

3) citizens who have the only residential premises of steel unsuitable For residence as a result emergency circumstances ;

4) other citizens in cases provided for by law.

Premises maneuvered Foundation available at least 6 m² lived. Square on 1 person .

Residential premises B. houses Social Services Systems Populations are intended for Accommodation citizens which in accordance with the legislation are attributed to the number of citizens needy in Special social Protection With the provision of medical and social and domestic services (boarding houses for people with disabilities and veterans, including special boarding houses, which are placed in need of constant unauthorized care of persons, etc.).

Residential facilities for temporary settlement forced weared and individuals recognized refugees , Designed for temporary residence of citizens recognized in accordance with the procedure established by the Federal Law, respectively, internally displaced persons and refugees.

With consent Forced migrant To the interior in the proposed room is nama Treaty There lived rooms from the housing fund for temporary settlement of internally displaced persons. Hiring agreement is concluding for a period of not exceeding term of action Forced migrant .

Residential premises for social protection individual categories of citizens are intended for Accommodation citizens which in accordance with Zak-B are attributed to the number of citizens in need of special social protection (installed by the federal Zak-B, Zak-B of the subjects of the Russian Federation - the person without a certain place of residence and classes (bums), orphans, hopeless minors and other persons who need social protection). Residential premises for special social protection of certain categories of citizens are provided not under a treaty specialized residential premises, and according to the contractive use (loan)

Lived. Premises for children orphans And children left without parental care are intended to accommodate these persons. They provide lived. premises for a period of 5 years, then the contract can be extended to new term in 5 years. The executive authorities of the subjects of the Russian Federation are obliged to monitor the use and (or) order of premises in the possession of orphans

In art. 19 LCD clarifies what a specialized housing foundation represents. In accordance with the norm, the vehicle complex passed as a complex, transmitted by citizens of individual categories. The provision of a specialized housing fund is carried out in accordance with the rules established in the LCD.

Structure

Specialized Housing Fund includes Square:

1. Service type.
2. In hostels.
3. Maneuvered Foundation.
4. In the houses of the social services of citizens.
5. Foundation for accommodation on a certain time forced immigrants.
6. In the houses of the social protection system of the population.
7. Fund for the settlement of citizens recognized as refugees.

Hostel

These residential premises of the specialized housing stock are intended for accommodation:

• employees;
• workers;
• students / students;
• other citizens for the period of their implementation professional activity or passing training.

Legislation allows for the provision of residential premises of a specialized housing stock of lonely people, young families. Student hostels are intended for the resettlement of non-resident interns, doctoral students, graduate students, listeners of university departments and faculties of postgraduate, additional vocational education for the period of study.

Service Square

These residential premises of the specialized housing stock are intended to accommodate citizens in connection with the specifics of their labor relations with state bodies, the structure of local government, a unitary enterprise. Such areas are transmitted to persons undergoing civil servants appointed to the state office of regional importance. They also disseminate persons assigned to elected posts of government agencies or local governance.

Placement of maneuverable housing

They are intended for temporary placement of citizens:

1. Essed from a permanent place of stay in connection with reconstruction or overhaul in the house.
2. In connection with the appeal of the recovery acquired at the expense of the Bank's loan funds or a different financial organization or a target loan provided by the legal entity on their purchase, and laid as to ensure the return of these amounts, if at the time of the execution of the requirement they are the only address of living.
3. Apartments and rooms of which have become unsuitable for operation. In this case, citizens settle in the premises of a specialized residential fund if the specified areas were the only place for their stay.

It should be noted that the above list is not considered exhaustive. The legislation may also determine other categories of citizens who are entitled to claim areas that make up a maneuverable specialized housing foundation.

Other cases

The municipal specialized housing foundation includes areas intended for temporary placement of citizens recognized as refugees or internally displaced persons. The corresponding status should be established in the manner prescribed by law, and is documented. The specialized housing fund also also components used to ensure the social protection and social services of citizens recognized as needing in such support. As in the previous case, their status should be established on the rules provided for by the norms and confirm the relevant documents. Categories of persons who need special social protection are determined by federal and regional laws.

Features of resettlement

Assignment to a specialized housing stock assumes a number special rules For accommodation in the living spaces of needy citizens. In particular, they operate for cases of resettlement of people from houses in which reconstruction is carried out either overhaul. Squares intended for these purposes should be responsible for technical, fire and sanitation. The attribution of the premises to a specialized housing stock is carried out by decision of the owner or body authorized by him. Temporary placement for the reconstruction or repair time is allowed only if the work cannot be carried out in the presence of citizens in the construction. Persons living in the premises of the Maneuvera Foundation are obliged to make a fee for utilities if it is not listed for previously occupied areas in which the above measures are performed. The use of apartments and rooms stops after graduation repair work or reconstruction.

Terms of placement

The order, in accordance with which the settlement is carried out, is established by the government and regional executive structures. Residential premises are provided at least 6 m 2 per person. The settlement of citizens is documented. In particular, a specialized housing stock is compiled. The document is signed before the end:

Another term of concluding a contract is provided for by other norms if the document is signed with the persons specified 4 Article. 95. End established period It acts as a basis for termination of the agreement.

Allocation of service areas

Apartments / rooms included in a specialized housing fund can be transferred to citizens to use for the period of their work responsibilities as civil servants, elected officials. Accordingly, the cessation of relations with the employer, the dismissal or end of the term of office acts as a basis for stopping the operation of the selected area. The office space is provided by the decision of the management of the institution, enterprises, organizations, the management structures of the cooperative or other public association, in the conduct of which it is located. In accordance with the specified act, a citizen is issued a resident warrant.

Documentation

For office premises, a citizen presents:

1. Contract.
2. Labor contract with municipal or state enterprise / institution.
3. A document confirming the appointment for publicity.
4. Act on election to the election post in state body either the territorial structure of power.

Eviction

Rooms / Apartments are provided to employees for the period of their professional activity or students at the time of study. After the end of the deadlines established in the contract or agreement, citizens are subject to eviction. At the same time, another room for accommodation is not provided. The legislation provides for the allocation of space and other categories of citizens. For these individuals act special rules. In particular, the norms are determined which categories cannot be evicted from the premises of a special housing without providing them with other areas. Among them:

Registration of the contract

In accordance with the agreement, one party is the owner of the living space or the subject authorized by him, it undertakes to allocate another - a citizen - a room / apartment for use and possession for a temporary stay for a fee. Hiring agreement is drawn up on the basis of an appropriate solution. The document defines the subject of the transaction, duties and rights of the parties. A citizen who is transmitted to the room cannot be exchanged and provide it in the exercise. The agreement indicates the family members of the person who has allocated an apartment / room. The design of the contract is carried out in writing. Typical forms of the document are approved by the Government.

Termination of the agreement

It is allowed at any time before its expiration of its action by agreement of the parties. The owner has the right to terminate contractual relations with a citizen in court. This is allowed in case of non-fulfillment by the last and its relatives staying on the living space together with it, the duties established by the Agreement, as well as in cases defined by Art. 83 LCD. The document is also terminated due to the destruction of the premises and on other grounds provided for by the Code.

Additionally

The transfer of property rights to the official premises of a specialized housing department or a room in a hostel, the transfer of the specified areas into operational management / economic management of other legalities entails the termination of the contract. As exceptions, there are cases where the new owner or an organization that has received an apartment is a participant in labor relations with an employee-employer.

Conclusion

The use of premises allocated from a specialized housing foundation in accordance with the employment contracts is carried out in accordance with the rules established in Art. 65, 69 and 67 (Part 3 and 4) LCD. The exceptions are cases of exploitation of housing, to which the order established by Art. 65, Art. 31 (Part 2-4) and Art. 67 (H 3-4). The duties of citizens who use apartments / rooms enters maintaining their satisfactory conditions. Subjects are required to pay utility services and carry out other deductions established in the contract. In case of non-fulfillment of their duties, the management of the enterprise, the institution or the authorized body, according to the declaration of which the living space was allocated, the right to decide on the eviction of persons through the court. Such an action is allowed with a rough violation of the rules of operation after repeated warnings. Solutions of these structures can be appealed in court. After the contract termination, the premises must be returned to the owner.

The use of residential premises is carried out taking into account respect for the rights and legitimate interests of citizens and neighbors living in the residential premises fire safety, sanitary and hygienic, environmental and other requirements of legislation, as well as in accordance with the rules of use of residential premises (hereinafter referred to as the Rules) approved by the Government Decree of 01/21/2006 No. 25.

The residential premises is recognized as an isolated living room, which is real estate and which is intended and suitable for permanent residence of citizens. Accommodation in a residential room industrial production not allowed. However, residential premises can be used by citizens living in it for professional activities or individual entrepreneurship, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet.

Users of residential premises are:

1. The tenant of the residential premises and the members of his family - under the social hiring agreement of residential premises;

2. The employer and citizens permanently residing with the employer - under the contract of employment of the residential premises of state and municipal housing stocks of commercial use;

3. The employer and members of his family - under the contract of hiring a specialized residential premises;

4. Owner of the residential premises and members of his family;

5. Member of the housing or housing and construction cooperative and members of his family.

Use of residential premises under a social hire agreement.

The right to use the residential premises under the social hiring agreement arises on the basis of an agreement concluded (in writing) in accordance with a model agreement of social hiring of residential premises approved by the Government of the Russian Federation.

In an apartment building, the employer and members of his family have the right to use common property in this house.

As a user with residential premises the employer has the right:

1. Unail to the residential premises of other persons;

2. Take with the consent (in writing) of the Moderator and those living together with the employer of his family members or all residential premises in it;

3. Allow a mutual agreement with living together with the employer of family members. Free accommodation in the residential premises to citizens as temporary tenants on the conditions established by the Housing Code (LCD);

4. Conduct with consent (in writing) of the hodger and living together with the employer of his family, the exchange of occupied residential premises for residential premises occupied under the social hiring agreement by another employer;

5. Require from the trip to the timely overhaul of the residential premises, appropriate participation in the content of common property in an apartment building, as well as the provision of utilities.

The employer is a user of residential premises - obliged:

1. Use residential premises for its intended purpose and within the limits established by the LCD of the Russian Federation;

2. Implement the use of residential premises, taking into account respect for the rights and legitimate interests of citizens living in the residential premises, neighbors;

3. to ensure the safety of the residential premises, prevent execution in the residential placement or the commission of other actions leading to it;

4. Maintain the proper condition of the residential premises, as well as public premises in an apartment building (apartment), comply with cleanliness and order in the residential room, entrances, elevator cabins, on stairwells, in other public premises, to ensure the safety of sanitary and other equipment, as well as comply with the requirements of paragraph 6 of these Rules;

5. Immediately take possible measures to eliminate the detected faults of residential premises or sanitary and other equipment;

6. Make the current repairs of the residential premises;

7. In a timely manner, pay for residential premises and utilities.

8. Inform the hides in the Social Helping Treaty of the Residential Service for the change in the foundations and conditions affecting the use of residential premises;

9. To admit to a predetermined time in the residential premises of the employees of the Moderator or the persons authorized by him, representatives of state control and supervision bodies for inspection of the technical and sanitary condition of residential premises, sanitary and other equipment in it, as well as to perform the necessary repair work ;

10. Do not reorganize and (or) redevelopment of residential premises in violation of the established procedure;

11. With the termination of the right to use a residential premises to take a residential premises, sanitary and other equipment in good condition in good condition, paying the value of a residential and technical and other equipment that is in it, or other equipment located in it, or Repair at your own expense, as well as repay the debt to pay for residential premises and utilities.

Use of residential premises under the contract of hiring specialized residential premises

Specialized residential premises can be intended for:

• residence of citizens during work, services, training;
• temporary residence of citizens in connection with the overhaul or reconstruction of the house;
• temporary residence of citizens in connection with the loss of residential premises as a result of the appeal of recovery on it;
• temporary residence of citizens in connection with the unsuitability of residential premises for residence as a result of emergency circumstances;
• residence of citizens who need social protection with the provision of medical and socio-domestic services;
• residence of citizens recognized as forced displaced persons and refugees;
• temporary residence of citizens in need of special social protection;
• residence of citizens in connection with the election to elected positions or appointment to the state office.

As a user with specialized residential premises, the employer also uses common property in an apartment building

The obligations of the employer of the specialized premises in principle are similar to the responsibilities of the employer under a social hiring agreement and are as follows:

1. Use a residential premises for its intended purpose and use the use of residential premises, taking into account respect for the rights and legitimate interests of citizens living in the residential premises;

2. Ensure the safety of the residential premises, prevent execution in the residential building or the commission of other actions leading to it;

3. To maintain the proper condition of the residential premises, as well as public premises in an apartment building (apartment), comply with the purity and order in the residential premises and public premises, to ensure the safety of sanitary and other equipment;

4. Immediately take possible measures to eliminate the detected malfunctions of residential premises or sanitary and other equipment;

5. Make the current repairs of the residential premises;

6. In a timely manner, pay for residential premises and utilities;

7. Do not reorganize and (or) redevelopment of residential premises in violation of the established procedure.

When using a specialized residential premises, the employer is not entitled to carry out the exchange of occupied residential premises, as well as transfer it to the existence.

Use of residential premises in an apartment building owner of residential premises and members living together with him

The owner of the residential premises in an apartment building enjoys a residential premises for its intended purpose and within the limits established by the LCD. The owner also enjoys common property in an apartment building.

Responsibilities of the owner of the residential premises are as follows:

1. Use residential premises for the purpose and ensure the safety of the residential premises;

2. maintain the proper condition of the residential premises;

3. To bear the cost of the maintenance of the residential premises belonging to him, as well as to participate in the cost of maintaining common property in an apartment building by making fees for the maintenance and repair of residential premises;

4. In a timely manner, make a fee for the maintenance and repair of residential premises, which includes a fee for services and work on the management of an apartment building, content, current and overhaul of common property in an apartment building, fee for utilities.

Use of residential premises under the contract of hiring residential premises of state and municipal housing stocks of commercial use

As a user with residential premises the employer has the right:

1. Unail to mutual agreement with the hodger and citizens permanently residing with the employer, in the residential premises of other citizens as permanently residing with the employer;

2. Allow a mutual agreement with citizens permanently residing with the employer, and with the preliminary notice of the hodger, free accommodation in the residential premises of temporary tenants;

3. Transmit a part or all residential premises with the consent of the hide.

In an apartment building, the employer and citizens permanently residing with the employer are also used by the common property of an apartment building.

As a user with residential premises, the employer must:

1. Use residential premises for accommodation only and ensure its safety;

2. Maintain a residential premises in proper condition;

3. Do not carry out the reorganization and reconstruction of residential premises without the consent of the hide;

4. In a timely manner, pay for residential premises and utilities;

5. Make the current repairs of the residential premises.

Plan:

1. The concept of specialized residential premises. Types of specialized residential premises and the basis of their provision.

2. The procedure for entering into a contract of hiring specialized residential premises. Termination and termination of the contract of hiring specialized residential premises.

3. The procedure for the provision and use of a specialized residential premises.

Question 1. Residential premises of a specialized housing foundation belong to the state or municipalities (state and municipal housing fund). The use of residential premises as a specialized allowed only after its assignment to a specialized housing stock in compliance with the requirements and in the manner established by the Government of the Russian Federation.

Persons occupying the specified premises under the employment contract, not entitled:

a) privatize these residential premises;

b) exchange them either by other ways to dispose of them;

c) transferred to rent, pass in the exercise;

d) carry out the section of the residential premises;

e) unail temporary tenants without permission territorial body on migration issues.

Residential premises of the specialized housing stock are provided without complying with the norms of provision and demanding requirements. Special requirements for such residential premises can be established by regulatory legal acts. Housing legislation provides for a special procedure for granting and liberating such residential premises. Residential premises of a specialized housing stock are subject to state accounting in accordance with the Regulations on the State Accounting of the Housing Fund in the Russian Federation, approved by the Decree of the Government of Russia dated October 13, 1997 No. 1301.

According to Article 92 of the LCD of the Russian Federation, the residential premises of the specialized housing stock include:

1) service residential premises;

2) residential premises in hostels;

3) residential premises of the maneuverable fund;

4) residential premises in the houses of the social service system;

5) Residential premises of the Foundation for the temporary settlement of internally displaced persons;

6) residential premises of the Fund for temporary settlement of persons recognized as refugees;

7) Residential premises for social protection of some categories of citizens.

Residential premises of state and municipal housing stocks are used as specialized. The inclusion of residential premises into a specialized housing fund, assigning a certain type of specialized residential premises and the elimination of residential premises from the specified fund is carried out on the basis of the decision-making of the body that manages state or municipal housing funds.

Residential premises of the specialized housing stock are provided for a time under the employment contract if special conditionsnot limited to such grounds as the need, the recognition of a citizen of the poor and others.

Question 2. In accordance with Article 100 LCD RF under the contract of hiring specialized residential premises One side - the owner of a specialized residential premises or the person authorized by him (the hide) undertakes to convey to the other party - a citizen (employer) this residential premises for the possession and use fee for temporary residence in it.

On behalf of the owner of a specialized residential premises, an authorized body of state authorities or local self-government can be operated. The contract of hiring a specialized residential premises is concluded on the basis of a decision on the provision of such a premises. The contract defines the subject of the contract, the rights and obligations of the parties to use the specialized residential premises. The employer of the specialized residential premises is not entitled to exchange the occupied residential premises, as well as transfer it to the worn.

To the use of specialized residential premises under the contracts of their employment, the rules provided for by Article 65, parts 3 and 4 of Article 67 and Article 69 of the LCD of the Russian Federation, with the exception of those residential premises, to the use of which the rules provided for by parts 2-4 of the article are applied to the employment contracts 31, Article 65 and parts 3 and 4 of Article 67 of the LCD RF.

The contract of hiring a specialized residential premises indicates the members of the employer's family; Such an agreement is in writing. Typical contracts for hiring specialized residential premises are approved by the Government of Russia.

The contract of hiring a specialized residential premises may be terminated at any time by agreement of the parties (part 1 of Article 101 of the LCD of the Russian Federation) or at the initiative of the employer. The contract of hiring a specialized residential premises may be terminated in court at the request of the hip, if the employer and the members of his family living together with him do not fulfill obligations under the contract of hiring specialized residential premises, as well as in otherwise provided by Article 83 of the LCD of the Russian Federation cases.

Such an agreement is terminated due to the loss of (destruction) of residential premises or for other grounds (part 1 of Art. 102 LCD RF). The transfer of ownership of the official residential premises or residential premises in the hostel, as well as the transfer of such a residential premises to economic management or operational management of another legal entity entails the termination of the contract for the hiring of this residential premises, except if the new owner or a legal entity, which Such a residential premises was transferred, is a party to an employment contract with an employee - the employer of this residential premises.

According to article 103 of the LCD of the Russian Federation, in cases of termination or termination of contracts of hiring specialized residential premises, citizens must free the living premises that they occupied according to these treaties. Citizens who refuse to free such residential premises are subject to eviction in court without providing other residential premises, except for the cases provided for by part 2 of Article 102 and part 2 of Article 103 of the LCD RF. Cannot be evicted from official residential premises and residential premises in hostels without providing other residential premises that are not tenants of residential premises under social employment agreements or members of the family of the residential premises under a social hiring agreement, either owners of residential premises or members of his family and consideration in as in need of residential premises:

1) family members of military personnel, officials, employees of the internal affairs bodies, bodies of the Federal Security Service, the Customs Authorities of Russia, the State Fire Services Bodies, the Control Compass Control Bodies and Psychotropic Substances, the agencies and the bodies of the Criminal Executive System (Dead ) or missing in the performance of the duties of military service or official duties;

2) old age pensioners;

3) family members of the employee who provided a service residential premises or a residential premises in a hostel and who died;

4) Persons with disabilities I or II groups, the disability of which came due to labor injury due to the fault of the employer, the disabled I or II groups, the disability of which came due to a professional disease due to the execution of labor duties, disabled people from the number of servicemen who were disabled I or II groups due to injury , contusion or injury, obtained in the performance of military service responsibilities or due to the disease associated with the fulfillment of military service responsibilities.

Citizens listed in paragraph 2 of Article 103 of the LCD of the Russian Federation are provided with other residential premises that must be in the field of settlement.

Evaluation of citizens from official residential premises or residential premises in hostels with the provision of other residential premises in the case of a part 2 of article 102 of the LCD of the Russian Federation is carried out by the former owner or legal entity transmitting residential premises.

Question 3. Service residential premises. Residential premises are included in the number of service solutions of the local administration. Service residential premises are provided to citizens in the form of a separate apartment (part 1 of Art. 104 LCD RF). Categories of citizens who are provided service residential premises are set:

1) the state authority of Russia - in the Housing Fund of the Russian Federation;

2) the authority of the state of the subject of the Federation - in the housing fund of this subject;

3) local governments - in the municipal housing stock.

The contract of hiring of official residential premises is to the period of labor relations, the passage of the service or is located in the state office of the Russian Federation or its subject or in elective post . The cessation of labor relations or their stay at the state office of the Russian Federation or its subject or at the election position, as well as dismissal from the service is the basis for the termination of the contract of hiring a service residential premises. Service residential premises are provided by the decision of the administration of the enterprise, institutions, organizations, the management body of cooperative and other public organization, in which these premises are underway. Based received The local administration authority issues a citizen warrant for official residential premises. The form of the order is established by the Government of Russia.

Family members who received official residential premises do not acquire independent right to use this room . Their rights of derivatives from the right of persons, which received an official residential premises due to labor relations. They have the right to use the room on a par with the latter until he (employee) has not lost its labor relations with the organization that provided this room (except in the cases listed in the law). Persons living in office residential premises do not have some legislands who are provided to citizens who use the premises in houses of state and public housing funds under the employment contract. For example, citizens living in official residential premises are not entitled to take these premises in the exercise, exchange (including service), book, change the contract for hiring a service life at the request of the members of the family of the employer. Service residential premises are not subject to section.

Service residential premises are provided from state or municipal housing stocks. The basis for the provision of office premises is:

1) an employment contract with state or municipal enterprises or institutions;

2) contract;

3) a document on appointment to the state position;

4) a document on election to the elective position in state authorities or local self-government.

Office rooms are provided for the implementation period of labor relations. In case of termination, the employer is subject to eviction. Features of the regime of certain types of service residential premises are provided for by special regulatory legal acts.

For the entire military service, service residential premises are provided:

Servicemen appointed to military posts after the end of the military educational institution vocational education and obtaining in connection with this officer military rank (since 1998), and together those who live with them members of their families;

Officers designed for military service in accordance with the Decree of the President of the Russian Federation, as well as officers who concluded the first contract for the passage of military service after January 1, 1998, and jointly living with them members of their families;

Invorangers and Michmans, sergeants and elders, soldiers and sailors who are citizens who have received military service under the contract after January 1, 1998, and together those who live with them members of their families.

Service residential premises are provided for the entire military service in the closed military cities with servicemen undergoing military service under the contract, and together with them to members of their families. According to Article 34 of the Federal Law of May 8, 1994 No. 3-FZ "On the status of a member of the Federation Council and the Status of the Deputy State Duma The Federal Assembly of the Russian Federation, "a member of the Federation Council, a deputy of the State Duma, which has no residential area in Moscow, for the period of their authority, is provided with one of the following residential premises:

a) residential premises (apartment with furniture and telephone) in the deputy (parliamentary) residential building, which has the status of a hostel;

b) residential premises (apartment with furniture and telephone) in the service housing stock in the manner and on the conditions provided for by housing legislation;

c) Separate room in the hotel category "Higher-A".

Member of the Federation Council and the State Duma Deputy are obliged to release the living space they occupy no later than one month from the date of termination of their powers; Failure to free the room entails eviction in administrative order.

When considering claims for eviction from official residential premises without providing other residential premises of workers and employees who have ceased labor relations, as well as citizens excluded from members of a collective farm or from a collective farm own willingThe courts check whether this room is included in the prescribed manner, whether the respondent refers to the category of employees who can be provided in connection with the nature of labor relations service residential premises.

Residential premises in hostels. Residential premises in hostels are specialized residential premises intended for a short residence, as a rule, citizens settled in connection with the work at the enterprise (institution, organization) or study in the educational institution, which belongs to this hostel. The hostels are used to accommodate seasonal, temporary workers who work on urgent labor Treaty, other workers, employees, students, students, as well as other citizens.

Hostels are placed in specially built houses or converted houses or in parts of the houses (part 2 of Art. 94 LCD RF), that is, it is homes adapted to accommodate the above citizens and having sanitary and hygienic and household amenities. In such houses, it should be provided along with residential rooms for classes and cultural and educational events, for household service residing.

It is unacceptable to give a hostel part of a residential building, for example, one section or one floor of a multi-storey house. This rule is established in order not to infringe the housing interests of citizens living in a residential building under the employment contract, do not create additional inconvenience to them for living in the house.

In accordance with the Regulations on the dormitories approved by Resolution of the Ministerial Council of the RSFSR of August 2, 1988 No. 328, heads of enterprises, organizations, institutions and educational institutions They carry personal responsibility for the correct operation and sanitary condition of the hostel, maintaining the established procedure in it, the organization of the life of living. The administration is obliged, in particular, to open, equip and contain a hostel in accordance with the established rules, equip it with furniture, bedding and other inventors on established typical forms, to repair equipment, equipment, premises and buildings, etc. and the like.

The living space in the hostel is provided by workers, employees, students, students to solve the administration of the enterprise, institutions, organizations, which are under the management of the hostel during work or study. Based on such a decision, a special order is issued to occupy the living space provided in the hostel.

On the one hand, living in the hostel, on the one hand, are significantly limited to the right to dispose of the residential area occupied (they are not entitled to demand a section, allocated, the exchange of living space, the establishment of other family members, for delivery), and on the other - they are provided with additional powers related to Specific accommodation in the hostel (use of furniture, bedding, other objects of household health and cultural and domestic purposes).

The legal regime of families living in hostels depends on the conditions of their residence. If family members use residential areas on the conditions set for a hostel, they are subject to the norms regulating accommodation in hostels. If the family residing in a separate room in a hostel, there is a living area and utilities at the established rates, and not at rates defined for the hostels, the norms regulating relations for hiring residential premises should be distributed on members of this family. In addition, the housing stock includes residential buildings for small-seamy citizens, the use of which is significantly different from the use of "family hostels" and is approaching general regime residential buildings.

According to Article 105 of the LCD RF, residential premises in hostels are provided at least six square meters Residential area per person.

The contract of hiring residential premises in the dormitory is the period of labor relations, the passage of service or training . Termination of labor relations, studies or dismissal from service is the basis for the termination of the contract of hiring residential premises in the hostel.

Residential premises of the maneuverable foundation. Residential premises of the maneuverable fund are intended for temporary residence of citizens in connection with the overhaul of the residential premises occupied by them under the employment contract or the lease agreement and in other cases provided for by law. These premises must be responsible for sanitary, fire and technical requirements. A maneuverable fund can be created by decision of the owner of the housing fund or authorized by him. Residential premises of the maneuverable fund Citizens provide a hodger or landlord of the residential premises subject to overhaul, which cannot be made without resettlement of people living in it.

Citizens living in the houses of the Maneuvera Foundation are paid by residential premises and utilities if such a fee is not paid for repaired premises. The procedure for the provision of residential premises of the maneuverable fund and the use of them establishes the Government of Russia and the executive authorities of the subjects of the Federation. The use of residential premises is terminated after the end of the capital repairs of a residential building in which the housing is located, which is the object of the agreement of social or commercial hiring.

In accordance with Article 95 of the LCD RF, residential premises of the maneuverable fund are intended for temporary residence of citizens:

Due to the overhaul or reconstruction of the house in which the residential premises occupied by them under social contract agreements;

Lost residential premises as a result of the appeal of the recovery on these residential premises, which were acquired at the expense of a bank loan or another credit organization or means of a target loan provided by a legal entity for the acquisition of residential premises, and were laid in ensuring a loan refund or a target loan, if at the time of treatment Recovery Such residential premises are the only ones;

In which the only residential premises have become unsuitable for living as a result of emergency circumstances;

Other citizens in cases stipulated by law.

Residential premises of the maneuverable fund are given at least six square meters of residential area per person.

The contract of hiring a residential premises of the maneuverable fund lies for the period:

Prior to the completion of the overhaul or reconstruction of the house (when concluding such a contract with citizens listed in Part 1 of Art. 95 LCD RF);

Prior to the completion of calculations with citizens, raising residential premises as a result of the appeal of the recovery on them, after the sale of residential premises, which were recovery (when concluding such a contract with citizens specified in Part 2 of Article 95 of the LCD of the Russian Federation);

Until the completion of calculations with citizens, the only residential premises of which became unsuitable for residence as a result of emergency circumstances, in the manner prescribed by the Housing Code and other federal laws, or before providing them with residential premises of state or municipal housing funds in cases and in the manner provided for by housing code (at the conclusion of such a contract with citizens specified in Part 3 of Art. 95 LCD RF);

Established by law (when concluding such a contract with citizens specified in Part 4 of Art. 95 LCD RF).

The expiration of the period on which the contract of hiring a residential premises of the maneuverable fund was concluded, serves as the basis for the termination of this contract.

Residential premises in the houses of the social service system and foundations for temporary settlement of internally displaced persons and persons recognized as refugees. Residential premises in the houses of the social services system of the population are created and provided by federal, regional or municipal social protection authorities. Such specialized homes They are intended to live in need of these citizens. Residential premises in the houses of the social services system are intended for the residence of citizens who, in accordance with the law, are attributed to the number of citizens in need of special social protection with the provision of medical and social services (Art. 96 LCD RF). The order, the conditions for the provision of residential premises in the houses of the social service system and use them are established by federal legislation and legislation of the subjects of the Federation (Art. 107 LCD RF).

Residential premises in the houses of the social service system:

· Used not only to accommodate socially unprotected individuals, but also to provide them with medical and socio-household services;

· Are under the authorities of the social protection system of the population and are intended for disabled people, older persons, disabled children, orphans, children who are left without parental care, children with disabilities in need medical careand other persons.

In accordance with Article 5 of the Federal Law of August 2, 1995 No. 122-ФЗ "On the social services of elderly and disabled citizens" "Citizens of elderly (women over 55 years old, men over 60 years old) and disabled people (including children with disabilities ) In need of a permanent or temporary assistance in connection with a partial or complete loss of the opportunity to independently satisfy its basic vital needs due to the limitation of self-service ability and (or) movement, have the right to social services carried out in the state and non-state sectors of the social service system. Social service of elderly and persons with disabilities is provided to solve the social protection bodies of the public in the institutions subordinate or under contracts concluded by social protection authorities with social service agencies of other forms of ownership. According to article 12 of the above-mentioned law, elderly citizens and disabled people living in stationary social service institutions are entitled to:

Providing them with living conditions that meet sanitary and hygienic requirements;

Care, primary health and dental care provided in a stationary institution of social services;

The preservation of the employment of residential premises occupied by them under the contract in houses, municipal and social housing stocks within six months from the date of receipt to the stationary institution of social services, and if members of their families remain in the residential premises - throughout the time staying in this institution. In case of refusal of the services of a stationary social service institution after specified period Citizens of elderly and people with disabilities who have liberated residential premises in connection with their premises in these institutions have the right to extraordinary provision of residential premises if they cannot be returned to the residential premises previously occupied.

According to Article 17 of the Federal Law of November 24, 1995 No. 181-FZ "On the social protection of persons with disabilities in the Russian Federation", residential premises are provided with disabilities, families with children with disabilities, taking into account the state of health and other circumstances worthy. Disabled people have the right to an additional living area in accordance with the list of diseases approved by the Government of Russia. This right is taken into account when registering to improve housing conditions and providing residential premises in houses of state or municipal housing stocks. Additional living spaceoccupied by disabled (regardless of the form of a separate room or not) is not considered excess and subject to payment in single amount. Disabled residential premises are equipped special means and devices in accordance with the individual rehabilitation program.

Persons with disabilities living in stationary institutions of social services and wanting a residential premises under the employment contract or lease to be taking into account to improve housing conditions regardless of the size of the occupied area and are provided by residential premises on a par with other people with disabilities.

Disabled children living in stationary social service institutions that are orphans or devoid of parental trustees, reaching 18 years old, must be provided by residential premises out of turn if individual program Rehabilitation of the disabled person provides that a person himself can serve himself and conduct an independent lifestyle.

Residential premises in the houses of state, municipal and social housing foundations occupied by disabled on the contract of employment or rent, when placing a disabled person in the stationary social service institution remains behind it within six months. Specially equipped residential premises in the houses of state, municipal and social housing funds occupied by disabled people under the employment contract or lease, when they are released, first of all in need of improving housing conditions with other people with disabilities.

Disabled families and families with disabled children are provided with a discount of not lower than 50% of the apartment fee (in houses of state, municipal and public housing stocks) and payment of utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating, - From the cost of fuel purchased within the limits established for the sale of the population.

Decree of the Government of Russia dated November 25, 1995 No. 1151 defined a federal list of social services guaranteed by the state, provided to citizens of elderly and disabled states and municipal social services, which includes providing living space, premises for organizing rehabilitation activities, medical and labor activities , cultural and domestic services in the stationary institution of social services. Tabel (List) of technical equipment and equipment for residential rooms of inpatient social service institutions of the elderly and disabled people are defined in Appendix No. 2 to recommendations on providing social service institutions of elderly and disabled people with technical means and equipment approved by the Resolution of the Ministry of Communications of Russia on February 12, 2001 № 18.

The legal status of houses of social services system is determined by both legislation and other regulatory legal acts.

Features of the legal status, living and service in homes for the elderly and persons with disabilities, which are medical and social institutions intended for temporary (for a period of up to six months) and a five-day per week of elderly citizens (men over 60 years old and women over 55 years old), disabled I and II groups (including disabled children) in need of care, domestic and medical services, rehabilitation services, and disabled children - in training, education, social and labor adaptation, are governed by the following documents: by a decree of the Russian government from April 15, 1995 No. 338 "On the development of a network of special home boarding houses for the elderly and disabled people", by Resolution of the USSR State Protection Dated June 20, 1978. No. 202 "On Approval of the Model Regulations on the Elderly and Disabled House", the order of the Ministry of Labor of Russia from 4 November 1997 № 283 "On approval of the approximate charter of the state (municipal) stationary institution of social service system social protection of the population ", Methodical recommendations on the organization of state and municipal institutions Social service "House-boarding house for citizens of the elderly and disabled", approved by the Resolution of the Ministry of Labor of Russia dated May 12, 2003 No. 25, the Regulations on the Psychoneurological Board of the Ministry social security RSFSR, approved by the Order of the Ministry of Internal Affairs of the RSFSR of December 27, 1978 No. 145. Depending on the type, they have the following names: the boarding house, the pension of labor veterans, psychoneurological boarding school, orphanage.

According to Article 21 of the Federal Law of December 10, 1995 No. 195-FZ "On the basics of social services in the Russian Federation", the creation, management and provision of activities of social service institutions is under the authorities of the state authorities of the constituent entities of the Russian Federation.

Residential premises of funds for temporary settlement of internally displaced persons and persons recognized as refugees are intended for temporary residence of citizens recognized in the procedure established by federal law by internally displaced persons and refugees (Art. 97 LCD RF). The procedure for providing residential premises of these funds is established by federal laws (Art. 108 LCD RF). Residential premises for social protection of certain categories of citizens are intended for the residence of citizens who, in accordance with the law, are attributed to the number of those who need special social protection (part 1 of Art. 98 LCD RF).

Currently, the procedure for accounting for internally displaced persons who need residential premises, from the housing stock for temporary settlement, and the provision of this housing is carried out in accordance with the Order of the Minister for Federation, Migration and National Policy of the Russian Federation of April 6, 2001 No. 29, and persons recognized as refugees - by order of 5.10.2001 No. 83. The issues of the provision of housing are in the field of competence of the Federal migration service RF and its territorial units.

Thus, the residential premises of state and municipal housing stocks are used as specialized. The inclusion of residential premises into a specialized housing fund is carried out on the basis of the decisions of the body that manages state or municipal housing funds.

Residential premises of a specialized housing stock are provided for a time under a social hiring agreement in the presence of special conditions that are not limited to such grounds as the need, the recognition of a citizen to the poor and others.

Questions for self-control:

1. The concept of a specialized housing stock.

2. What premises belong to the objects of a specialized housing stock?

3. What does the restrictive legal regime of a specialized residential premise mean?

4. Office residential premises, their appointment.

5. Residential premises in hostels, their appointment.

6. Residential premises of the maneuverable Foundation: their appointment.

7. Residential premises in houses of the social service system of the population, their appointment.

8. Residential premises of the Fund for the temporary settlement of internally displaced persons and persons recognized as refugees.

9. Residential premises for social protection of individual categories of citizens.

10. What is the procedure for the provision of specialized residential premises?

11. The concept of a contract of hiring a specialized residential premises.

12. What is the content of the contract of hiring a specialized residential premises?

13. Termination of a contract of hiring a specialized residential premises.

14. Eviction from a specialized residential premises.

Sources:

1. Civil Code of the Russian Federation (part two) of January 26, 1996 No. 14-FZ

2. Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ

3. Law of the Russian Federation of 04.07.1991 No. 1541-1 "On the privatization of the Housing Fund in the Russian Federation"

4. the federal law from 11/24/1995 No. 181-FZ (ed. dated December 31, 2005) "On the social protection of persons with disabilities in the Russian Federation"

5. Federal Law of 01/12/1995 No. 5-FZ (Ed. Dated December 19, 2005)
"About veterans"

6. Federal Law of December 21, 1996 No. 159-FZ (ed. Of August 22, 2004)
"On additional guarantees for social support Orphans and children left without parental care »

7. Federal Law of 27.05.1998 No. 76-FZ "On the status of military personnel"

8. Federal Law of 05/08/1994 No. 3-FZ "On the status of a member of the Federation Council and the Status of the State Duma Deputy of the Federal Assembly of the Russian Federation"

9. Decree of the Government of the Russian Federation dated January 26, 2006 No. 42 "On approval of the rules for assigning residential premises to a specialized housing stock and standard contracts for hiring specialized residential premises"

10. Resolution of the Government of the Russian Federation dated January 21, 2006 No. 25 "On approval of the rules for the use of residential premises"

11. Decree of the Government of the Russian Federation of 21.05.2005 No. 3 315 "On approval of a model agreement of social hire of residential premises"

12. Resolution of the Summin RSFSR of 11.08.1988 No. 328 (ed. Dated July 23, 1993) "On approval of an exemplary provision on dormitories"

13. Decision of the Government of the Russian Federation of 09.04.2001 № 275 "On the housing fund for a temporary settlement of persons recognized as refugees and its use"

14. Resolution of the Government of the Russian Federation of 04.05.1999. No. 487 "On the conditions and procedure for the conclusion of a housing contract between servicemen and the Ministry of Defense of the Russian Federation or other federal executive authority in which the law provides for military service»

15. Decree of the Government of the Russian Federation of 20.02.1995 No. 161 "On Approval of the List of Categories of Workers forestrywhich can be presented service residential premises in the houses of the State Housing Fund, which is owned by the Russian Federation "