Dismissal of service person with service housing. Can they dismiss a serviceman without providing housing or subsidies? How to be in this case? The right to increase the total area of \u200b\u200bthe apartment has

Until April 2015, the dismissal of the serviceman was possible after providing him with housing. After making adjustments to the Federal Law "On the status of military personnel", everything has changed dramatically, and the termination of the contract is now produced without providing those who dismissed military apartments, which caused a wide public resonance.

What provisions were kept in the previous version of the law:

Before making changes, servicemen could refuse the proposed real estate, which made it impossible to dismissal. This was used by officers who have reached retirement age or persons who are not suitable for working on qualifying requirements to receive monthly monetus benefits and have the right to social benefits.

"It is unfair to dismiss the military who served for more than 10 years, without providing housing. I will in the near future to make a decree to eliminate this disadvantage. Even if an officer is dismissed upon achieving the maximum permissible age in service or under health, he needs to be required to provide an apartment, "said at one of the meetings by the President of the Russian Federation V.V. Putin.

As can be seen from the above, if any of the above reasons, when dismissal, may not be taken from the apartment in writing, but only if earlier housing was offered repeatedly, but for any reason the employee refused him:

Non-compliance with sanitary requirements.
Non-compliance with housing standards.

The presidential decree also makes a number of exceptions that were omission in the last wording of the Federal Law:

If the military was offered the apartment just once, he could not be dismissed without housing.
The officer may challenge the decision of the Commission if the dwelling was not issued at the place of service.
If the length is equal to 20 years or more, and the employee needs to increase the living conditions, it may apply for an execution of ownership of an apartment or compiling a social hiring agreement.

Examples from judicial practice

To understand the topic in more detail, it is enough to study an example when the termination of the contract without providing housing was recognized illegal:

Captain Saveliev V.V. He served 12 years in the Armed Forces of the Russian Federation, needs to increase the level of housing conditions in connection with the birth of a third child. The contract with him was terminated on the basis of the conducted Oshm, his consent was not accepted. Previously, housing was offered only once, but he gave a written refusal due to the dwelling inconsistency by generally accepted standards.

The court satisfied the claim Savelyeva V.V. and decided:

Restore an employee in the ranks of the Armed Forces of the Russian Federation and recognized the dismissal illegal.
Highlight the captain an apartment suitable for accommodation.

The basis for such a decision was the need of Savelyeva V.V. In improving the housing conditions and the fact that the refusal of the apartment was taken from it only once, other options were not offered.

Dismissal without providing an apartment at the initiative of the employer

According to Art. 51 FZ "On Military Responsibilities ...", termination of the contract outside the will of the serviceman is possible in the following cases:

For dismissal, a written application from the employee is not required. There is enough evidence of guilty actions, conducting a service investigation, the conclusion of the commission and the publication of the order. As a base in it and in the employment record will be indicated by Art. 51 ФЗ №53-ФЗ.

The state is helped by the serviceman to solve housing problems. Support conditions are due to the situation. The support of the personnel is supposed to be service housing. Its housing housing former military personnel also provides a state or helps to buy it. Conditions for obtaining housing can be different and depend on the situation.

In what cases is supposed to be housing dismissed military personnel

Providing servicemen with housing during dismissal is implemented by a social contract or free provision of residential area. The former soldier has the right to get paid to buy a house. Take advantage of benefits may not be all fired from military service.

Providing servicemen with housing when dismissal through federal support is possible in cases:

Abbreviated by age, dismissed by health. The cumulative service life of 10 years allows to obtain real state support.
Military family. Housing dismissed servicemen should under the law. In the event of death in the performance of the service, the obtained housing goes to his wife and children. It concerns the norm and former military contractors who died when serving.
Conscientiously served in the ATS, fire-fighting service, UIS organs with experience of 10 years. The right to housing has persons provided according to the legislation of the USSR. Related rights receive families of such applicants.

The procedure for receiving housing former military

Gils are provided with a dismissed serviceman in accordance with the procedure for design. At the place of service, make up a list of unsecured by their own housing. Fired from military service is interviewed for interest.

For the introduction of the demobilized military to the controlling authority, the statement. Must be attached to the documents provided for by the program. By accepting a statement, authorized bodies immediately determine the appropriate way to provide housing for servicemen dismissed to the stock: free of charge, through target subsidies or social.

In what cases is possible dismissal of a serviceman without housing

Military is deprived of preferential law by resolving the housing problem independently. If the liberated from military service does not provide certificates of the lack of personal living space. The situation of failover's failure due to the archive loss is solved by the court.

The right to obtain a preferential housing is confirmed by the issuance of a registered certificant, valid 6 months. With the death of a military certificate at housing is replaced by a document in force 3 months with transfer to close relatives.

Important: The recipient itself is obliged to manage the testimony in a timely manner. If you do not use the Housing Certificate, it must be returned at the end of the validity period. In this case, the right is recognized unrealized, the corresponding mark is affixed in the personal case of the military. If there is a reason why the certificate is not implemented, then the benefit is preserved for the former military and then it will be able to use its right.

Housing dismissed with Military Mortgage Mortgage under the program of 2016

Since 2016, the military participate in the federal program of military mortgage. The Ministry of Defense of the Russian Federation has canceled the provision of finished residential real estate and payments. Receive a cash allowance has the right to face the seizures until 2005.

If there is dismissal, actually freed from military service a member of the NIS, loses the possibility of replenishing the savings (the number on housing through the personal number). The legislation of the Russian Federation identifies special rules for the provision of housing dismissed from military service. It is enough to serve 10 years, not to have serious recovers.

For 2017, three options for providing housing for the military are functioning:

Providing housing under the social contract.
Obtaining a monetary subsidy.
Participation in the NIS program.

The dismissal of the serviceman without housing is almost impossible at a good service of 10 years. The contract conclusion earlier than 1.01.2005 gives the provision of military personnel with housing during dismissal and allows you to get a departmental housing or a sum of purchase. NIS participants in dismissal get the opportunity to get a living space on the military mortgage program.

Important: According to the Federal Law No. 97 of April 20, 2015, there are situations when you can dismiss the serviceman without providing housing and. Obtaining own square meters becomes impossible if military, with a service from 10 years, has previously refused the possible option. In this case, it is believed that the employee enjoys its position to obtain state compensation, benefits and payments. Accordingly, if they fired a serviceman without providing housing for such a reason - he loses his rights to compensation and the very living space and actually loses.

The right to housing by the victims dismissed to the stock serviceman

The existing right of serviceman at housing during dismissal goes to family members after the death of a dismissed military, subject to his dismissal for the causes:

achieving limit service life;
health status;
organizational and staff activities (reorganization).

The defender of the Motherland should get a benefit according to FZ No. 76 of 05.27.1998 to its calculation (death).

Important: Widow (Widowers) retain the possibility of succession to repeated marriage.

NIS accumulations go to the family of the deceased ordinary order on the right of inheritance. The family owner of the accumulation has the right to use funds, drawing up a mortgage. The missing amount relatives will pay independently. Family members of the deceased can receive compensation for paying housing.

The procedure for paying housing dismissed military personnel

Working servicemen provide service living space. In the absence of the possibility, you can remove the living space on your own, receiving cost compensation. Allowed housing for dismissed servicemen who have not received housing.

The new order of payments dismissed military personnel for serving housing has been established from the beginning of 2016. The military, removing the apartment, receive compensation of actual expenses, no more than the size established by the standard of the total area and the maximum cost of hiring a square meter. The permissible area is established, given the total number of family members.

Housing dismissed from military service is necessary, although in different ways. The exception is cases of dismissal for violations (crimes), lack of service life.

In April 2015, changes were made to the law on the status of military personnel (№76-ФЗ), which made it possible to dismiss the servicemen without providing housing. Such an addition caused a wide public resonance, however, it makes sense to figure out this kind of decision in more detail.

In the former version of the law there was a serious omission:

It was possible to dismiss a person in military service only after the provision of housing;
The soldier had the right to abandon the housing allocated him;
The cessation of official relations with it seemed impossible due to the insecurity of his housing.

Obviously, many military personnel refused the housing allocated by the state only for the conditions for their dismissal dismissal. As a result, those persons who could not continue the service in the army to achieve the right age or for the state of health remained the ranks of the armed forces, which gave them the right to:

Money allowance;
Social benefits.

In fact, not being able to fulfill the responsibilities assigned to them, the servicemen continued to receive salary and various kinds of allowances for long service, title, service in particularly dangerous districts, etc.

Statistical data indicate huge amounts of abuses: only in the period from 2011 to 2014 on the maintenance of the military, which deliberately refused housing for the sake of its place to maintain their place in the ranks of the armed forces left 60 billion rubles.

In order to prevent such practice, President of the Russian Federation V. Putin approved the amendments to the legislation, according to which those servicemen who have repeatedly refused the living space allocated by the state can be dismissed at any time without providing housing. All the issues of dismissal servicemen without housing will be discussed in this article.

Dismissal without housing is not infringement of rights, but just a measure

Changes in legislation that related to the dismissal of a serviceman without providing housing caused a lot of disputes. However, in fact, this is not at all the way to infringe the rights of the military, but rather a measure to rationalize military spending from the state budget of Russia.

What does the process of stopping the military service face, not secured by housing?

First, only those servicemen who abandoned the living space were dismissed on new foundations;
Secondly, they can dismiss on only employees from the series of armed forces, but also those who are at the disposal of the command (occupy freelance positions).

The legislation describes quite in detail the range of reasons for the dismissal of workers, namely:

Achieving maximum age of military service;
An unfavorable state of health, which eliminates the possibility of further stay in the ranks of the Armed Forces;
Organizational and staff activities (Oshm).

If a soldier falls under one of the articles mentioned above, it can be dismissed even without its consent and in the absence of living space. However, this is possible only if he was repeatedly offered an apartment from the state, and by virtue of the biased reasons refused to receive it.

There are exceptions to this rule: are not considered biased to failures of the serviceman from housing if it:

Does not comply with existing housing standards;
It is not possible to satisfy sanitary and epidemiological requirements established at the state level.

It is noteworthy that with the refusal of a serviceman from the housing subsidy - it can also be dismissed from the rows of the armed forces. At the same time, even being dismissed and repeatedly refused by housing - they continue to consist of the list of waiting for residential positions from the state.

To exclude the probability of infringement of the rights of persons in military service, a decree of the President of the Russian Federation, which clarifies the rights of the military, the service life of which is 10 years or more (UE No. 2 from 2.01.2016).

First, persons who served in the ranks of the Armed Forces have the right to receive a housing subsidy if residential area;
Secondly, if they were not provided with these types of provision or were offered only once, they cannot be dismissed according to the grounds designated above;
Finally, the soldier has the right to declare that he is provided with housing not in the place where he passes.

There are other legislative assumptions that affect the issue of providing a military personnel by housing, namely:

If the serviceman was sent to the area of \u200b\u200bresponsibility to the area where he does not have its own living area, then it is provided by a service apartment for three months;
If the length of the years of the person is 20 years or more and, at the same time, there is a need to improve housing conditions, then it has the right to expect an apartment to property or on social recoping.

Particular attention should be paid to the fact that those military, who are allowed after dismissal to live without restrictions in the departments provided at the location of the service, are not entitled to additionally apply for social guarantees to provide servicemen with housing (Art. 23 №229-ФЗ).

Thus, the amendments in the legislation do not imply a complete deprivation of military personnel of the right to provide housing before dismissal, but abuse of the abuse of this right.

Cases of illegal dismissal of servicemen without providing housing

The legislation describes quite detail the conditions for the dismissal of servicemen without ensuring their housing. However, in practice, there are often situations in which the person is deprived of and the positions in the ranks of the Armed Forces and the opportunity to get a living space from the state.

In this regard, it seems appropriate consideration of the judicial practice of the dismissal of servicemen without the provision of housing.

Single rejection of housing. The military personnel of the Moscow region provided a cassation appeal against his dismissal due to organizational and staff activities (OSHM). In the general form of situations in the case, the following:

The basis for dismissal - Oshm;
The duration of military service is 12 years and 4 months;
Recognized at the time of dismissal in need of improving housing conditions (it has three minor children);
Once refused to receive housing at the passage of the service (border area) 8 years ago;
The consent to dismissal the soldier did not give.

The court ruled the facial complaint to satisfy: Restore it in the previous position before allocating the living space of the required size.

- The refusal of the living space provided by the state took place only once, and moreover, the serviceman needs to be improved by the housing conditions.

Housing inconsistency adopted standards. The military personnel is fired from the Armed Forces of the Russian Federation in connection with a sharp deterioration in the state of health due to the recognition of the impossibility of further carrying the military service. He presented to the court of the Belgorod region a cassation complaint containing such information:

The basis for dismissal is the discrepancy between the position of health;
The duration of military service is 10 years and 11 months;
Recognized at the time of dismissal in need of improvement of housing conditions (has two minor children);
Twice refused the area granted area - apartments of 48 and 60 square meters.

The court satisfied the complaint of the military: Identified the need to transfer it to a freelance position (at the disposal of the command) until the moment of providing appropriate housing.

Cause of recognition of a decision on dismissal without providing housing illegal - Twice a serviceman offered accommodation inappropriate to adopted standards. In particular, in the Belgorod region, the minimum rate of living space per person is 18 square meters. Since in the family of a military 4 person, then the minimum permissible area of \u200b\u200bthe apartment should be 72 square meters. Consequently, his refusal of the accommodated housing options can be considered objective.

The foundations of illegal dismissal also include the provision of housing that does not meet sanitary standards, as well as the allocation of housing in the area of \u200b\u200bthe military service, provided that he has already issued a written petition about the allocation of an apartment in other regions. This kind of precedents in Russian judicial practice also took place.

The dismissal of the serviceman without providing him with housing is a forced measure that allows you to stop the abuse of the right to refuse the proposed residential positions with servicemen. At the same time, the bulk of the military, which served more than 10 years and need to improve the housing conditions under this article do not fall.

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Good day. In connection with the practice of the Supreme Court - legitimate

SUPREME COURT
RUSSIAN FEDERATION
Case number 210-kg16-17
Cassation definition
moscow August 18, 2016
Judicial board on the affairs of the Supreme Court of the Russian
Federations as part
installed:
Carasev a. appealed to the court with an administrative statement in which
requested to recognize the illegal order of the commander of the Northern Fleet
from June 11, 2015 No. 559-DD on excluding it from the lists of personnel
military unit without ensuring housing subsidies and passing
professional retraining.

2015 in satisfaction of the administrative statement
Caraseva a. denied.
The appeal definition of the Northern Fleet of Military Court from
January 27, 2016 the decision of the garrison military court was canceled and accepted
new, which is ordered by the commander of the Northern Fleet of June 11, 2015
№ 559-DD on the exception of Caraseva S. from lists of personnel of military
parts recognized illegal on the commander of the Northern Fleet
assigned to restore the administrative plaintiff in lists
personnel of the military unit before providing him with housing
subsidies. From the Federal Cassenny Institution "United Strategic
command of the Northern Fleet "in favor of Caraseva recovered
legal costs in the amount of 3,000 rubles (payment of services of the representative) and
450 rubles (state duty).
…
In the cassation appeal filed in the judicial board on the affairs of servicemen
Supreme Court of the Russian Federation, Commander Representative
The Northern Fleet and the commander of the military unit - Yuskin D., referring to paragraph 1 of Art. 23 and paragraph 4 of Art. 19 of the Federal Law "On Status
military personnel, "argues that the appellate court is essential
violated the norms of financial law, since these provisions
the law does not contain a ban on an exception from personnel lists
parts of the dismissed soldier provided by the established
standards for service residential premises, and passing (completion) to military personnel
professional retraining is possible after its exception
from these lists.
In accordance with Art. 328 CAS RF Bases for cancellation or change
judicial acts in cassation are essential violations
norms of material or procedural law affecting the outcome
cases and without elimination of which is impossible to restore and protect disturbed
rights, freedoms and legitimate interests, as well as protection protected by law
public interests.
Court of appeal when considering this case
significant violations of the norms of financial law are allowed, which was expressed
next.
As seen from the case file, Carasev S.Yu., having a common
military service duration for over 10 years and secured at the place
military service service residential premises
standards, order of the commander of the Northern Fleet of January 25
2014 No. 5 dismissed from military service due to organizational and staff activities.
This order Carasev S. in court did not challenge and their finding
in military service tied not with its passage, but with the implementation
his housing rights.
At the time of dismissal, he was taking into account those who need residential
premises provided under a social employment contract
the place of residence in St. Petersburg.
February 5, 2014. Karaseva's housing authority satisfied
Sh. about changing the shape of the provision of housing on the state housing
certificate, and on May 27, 2015 - on the housing subsidy.

2014) Servicemen - Citizens, Total Military Duration
whose services are 10 years and more in need of improvement of housing
conditions on the standards established by federal laws and other
regulatory legal acts of the Russian Federation, without their consent
cannot be dismissed from military service upon reaching the limit
age of stay at military service, health state or due to
organizational and staffing events without providing them with residential premises
or housing subsidy. If desired of these military personnel
get residential premises not at the place of dismissal from military service they
provided by residential premises as a selected place of permanent residence.
in the manner provided for in paragraph 14 of Art. 15 named law.
From the analysis of the given norm it follows that the law establishes a ban
on the dismissal of these servicemen under certain circumstances,
and restrictions related to the impossibility of exclusion of such already dismissed
servicemen from the lists of the personnel of the military unit provided
at the place of military service, residential premises are not provided.
In addition, this provision of the law is subject to use depending
from the level of service personnel housing.
A similar approach is formulated in paragraph 17 of Art. 34 Regulations on the procedure
passage of military service approved by the Decree of the President of the Russian
Federation of September 16, 1999 No. 1237.
According to the contract of hiring a residential premises in the village. LuTa-
4
ri-2 and the obligation to give this housing Carasev Xu. Guaranteed saving
behind him this room before ensuring its housing subsidy.
Since Carasev X. (family composition 1 person) at the place of military
services provided by official residential premises with a total area
36.8 square meters. m, that is, according to the established norm, recognized in need of residential
premises in the selected place of residence in St. Petersburg, then actions
commander of the Northern Fleet, associated with the dismissal of administrative
the plaintiff with military service in January 2014 in doubt about legality
do not cause.
With such grounds for finding Caraseva Xu. in lists
the personnel of the military unit after the final
calculation on monetary content, food and broadcasting
there was no, and not providing him with a housing subsidy (as forms
implementation of the right to housing) in the service of the service of the service
residential premises on established standards and finding in mind
in the residential premises in the selected place of residence in itself
was not an obstacle to dismissal and exclusion from lists
personal part.
Thus, the conclusion of the court of first instance on the legality of the order about
excluding Caraseva Xu. From the lists of the personal composition of the military unit
published in the execution of the order of the commander of the Northern Fleet
his dismissal from military service is right.
Accounting a garrison military court and the fact that with the report on the passage
professional retraining of Carasev S. turned to the commander of the military
parts only on October 16, 2014, that is, after the publication of the order
about dismissal from military service.
In accordance with paragraph 7 of the Procedure and the Conditions of Professional Retraining
according to one of the civil specialties of military personnel - citizens
Russian Federation, held by military service under the contract approved
order of the Minister of Defense of the Russian Federation of March 18
2009 No. 95 and operating in the period of the legal relations arising, documents
Caraseva a. October 30, 2014, established by the established procedure
command add to the head of the military academy of the troops RHBZ and
engineering troops.
As for the provisions of paragraph 4 of Art. 19 of the Federal Law "On the status of military personnel
", Providing for the right of dismissed servicemen on
completion of studies for free, then they are not subject to use in resolution
dispute regarding the issue of excluding a serviceman from lists
the personnel of the military unit, because they do not affect relations related
with the procedure for passing military service. Passage (completion)
professional retraining servicemen for one of the civil
specialties due to the law is possible after the cessation of military
service relations.
Consequently, the withdrawal of the fleet of the naval court on the illegality of the order
5
commander of the Northern Fleet of June 11, 2015 No. 559-DD on Exclusion
Caraseva a. From the lists of the personal composition of the military unit without paying
his housing subsidy is erroneous.
A significant violation of the appellate instance admitted by the court
the norms of material right influenced the outcome of the case and without elimination it is impossible
protection of protected public interests in the field of legal
relations regulating the procedure for implementing the right of servicemen
on the dwelling when dismissing from military service, that by virtue of Art. 328 CAS RF is
the basis for cancellation in cassation appellate definition
and leaving in the power of the decision of the court of first instance.
Guided by Art. 327-328, p. 4 h. 1 Art. 329, 330 CAS RF, Judicial Collegium
for servicemen 'affairs
determined:
appeal definition of the Northern Fleet of Military Court of January 27
2016 Cancel, Leave the decision of the North Country Garrison Military
ships of November 18, 2015, adopted by administrative lawsuit
carasev's statement with Yu on challenging the actions of the commander
Northern Fleet and commander of the military unit associated with its exception
from the lists of the personnel of the military unit.
Presidency
Judges:
I.V. Large
A.N. Zamashnyuk
SG.

Moreover::

Approved
Presidium of the Supreme Court
Russian Federation
December 20, 2016
Review of judicial practice
Supreme Court of the Russian Federation
№ 4 (2016)

Judicial College
For servicemen 'affairs
1. The law does not contain a ban on the dismissal of the serviceman,
provided at the place of service official housing and recognized
in need of residential premises in the selected place of residence,
right from service.
By the decision of the North Sea Garrison Military Court of November 18
2015 K. refused to satisfy the statement in which he requested
recognize illegal order commander of the Northern Fleet
excluding it from the list of personnel of the military unit without
providing housing subsidies.
Appeal definition of the Northern Fleet Military Court
dated January 27, 2016 the decision of the Garrison Military Court is canceled and
the case is made a new decision that a statement is satisfied,
the contested order is recognized as illegal.
In the cassation appeal, the representative of the commander of the Northern
fleet, pointing to the absence of a ban on the exclusion from
list of personnel of the military unit of the dismissed serviceman, 116
secured by the established standards
the room, asked the appellate definition to cancel, leave in
the decision of the court of first instance.
Examined the case file and discussed the arguments of the cassation complaint,
The judicial panel of servicemen canceled the appeal
definition of the fleet of a military court and left the decision
garrison Military Court of November 18, 2015 on refusal to
application satisfaction, bringing the following arguments.
From the case file it follows that K., having a common
the duration of military service is more than 10 years and secured by
place of military service on established standards for service residential
the placement by order of the commander of the Northern Fleet was fired with
military service in connection with organizational and staff events.
At the time of the dismissal, K. was registered in need of residential
premises provided under a social hire agreement
selected place of residence in St. Petersburg.
On February 5, 2014, the Housing Authority was satisfied with the statement by K.
changing the shape of the provision of housing on the state housing
certificate, and on May 27, 2015 - on the housing subsidy.
In accordance with paragraph, the second paragraph 1 of Art. 23 of the Federal Law
"On the status of servicemen" (as amended on January 25
2014) Servicemen - Citizens, Total Military Duration
whose services are 10 years and more in need of improvement
housing conditions on the standards established by federal laws and
other regulatory legal acts of the Russian Federation, without them
consent cannot be dismissed from military service upon reaching them
military service for military service, health status
or in connection with organizational and staffing events without
providing them with residential premises or housing subsidy. For
the desire of the specified servicemen get residential premises
place of dismissal from military service they are provided by residential
premises in the selected place of permanent residence in order
provided for by paragraph 14 of Art. 15 named law.
From the analysis of the above rule it follows that the law establishes
ban on the dismissal of the specified servicemen at certain
circumstances, and restrictions related to the impossibility of exclusion
already dismissed servicemen from the lists of the military
parts secured at military service venue by residential premises
provided.
A similar approach is formulated in paragraph 17 of Art. 34 provisions O.
the procedure for the military service approved by the Presidential Decree
Of the Russian Federation of September 16, 1999 No. 1237.
According to the contract of hiring a residential premises in the village.
Luzostari-2 and obligation about the delivery of this housing K. Guaranteed 117
preserving this room for it before ensuring its housing
subsidy.
With such grounds for finding K. in personal lists
the composition of the military unit after the implementation of the final
calculation on monetary content, food and nonsense
ensuring did not exist, but failure to provide him with a housing subsidy
(as forms to implement the right to housing) in place of place
service service residential premises for established standards and
finding registered in need of residential premises
the place of residence in itself was not an obstacle to dismissal
the stock and exceptions from the list of personnel part.
Thus, the conclusion of the court of first instance on the legality of the order
on the exception of K. from the list of personnel of the military unit published
in pursuance of the order of the commander of the Northern Fleet about his dismissal
from military service, it is right.
Definition No. 210-kg16-17

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Good day, Sergey.

In some cases, it can, but for this it is necessary that you abandon the proposed option (official housing is not such options) or did not submit the documents necessary to obtain a housing subsidy. There is paragraph 17 of Article 34 of the Regulations on the procedure for the passage of military service (approved by the Presidential Decree of September 16, 1999 N 1237), where it is indicated:

17. The serviceman, the total duration of military service of which is 10 years and more, in need of a residential premises, without its consent cannot be dismissed from military service upon reaching the maximum age at military service, as of health or in connection with organizational and staff events. Without providing him with residential premises or subsidies for the acquisition or construction of a residential premises on the standards established by housing legislation, with the exception of cases provided for by paragraph of the third paragraph 1 of Article 23 of the Federal Law "On the status of military personnel." The soldier who expressed the desire to get a residential premises not at the place of dismissal from military service, dismissed from military service and is provided by residential premises in accordance with the legislation of the Russian Federation.

In cases where military personnel - citizens listed in the second paragraph of this clause, refused the proposed residential premises located at the military service site or in the selected place of residence, which meets the requirements established by the legislation of the Russian Federation, or refused the housing subsidy or did not submit documents necessary to provide residential premises or housing subsidy, within 30 days from the date of notification of their federal executive authority or the federal state body in which the Federal Law provides for military service, ready to provide residential premises or housing subsidy, not counting the period of temporary disability of military personnel - Citizens, their stay on vacation, in a business trip and other circumstances, objectively excluding the possibility of submitting these documents (including the time of events related to the receipt of military personnel - citizens decree Anneous documents in government bodies, local governments and organizations authorized for issuing such documents), the consent of such military personnel - citizens to dismissal from military service to achieve the limit age at military service, health state or in connection with organizational and staff events Without providing them with residential premises or housing subsidy is not required. At the same time, the procedure for notifying military personnel - citizens about readiness to provide them with residential premises or housing subsidy and submission by military personnel - citizens of documents necessary to provide residential premises and housing subsidies are established by the federal executive authority or the federal state body in which the military service is provided by Federal Law. These servicemen - citizens, if they were dismissal from military service to achieve the limit age at military service, a state of health, or in connection with organizational and staffing events, without providing them with residential premises or housing subsidies, provided by residential premises in the form and procedure provided for hereby Federal law.

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Sergey, good evening.

Is the head of the head of dismissal and exclude me from the lists of the part without granting a subsidy, to buy housing in the property, if I have a service living space?!

Despite the fact that you will leave for health, when driving more than 20 years and are recognized as needing housing, since you are provided with a service residential premises, you can be dismissed and without providing a housing subsidy, which will be provided in the future after dismissal and exclusion from List parts. At this opportunity, the Supreme Court of the Russian Federation in

"Review of the judicial practice of the Supreme Court of the Russian Federation N 4 (2016)"
(approved by the Presidium of the Supreme Court of the Russian Federation 12/20/2016)

1. The law does not contain a ban on the dismissal of a serviceman provided at the place of service by official housing and recognized as needing residential premises in the selected place of residence other than the service station.
By the decision of the North Country Garrison Military Court of November 18, 2015, C. refused to satisfy the statement in which he requested to recognize the illegal order of the commander of the Northern Fleet to exclude it from the lists of the military unit without providing housing subsidies.
The appeal definition of the Northern Fleet Military Court dated January 27, 2016. The decision of the Garrison Military Court was canceled and a new decision was made to which the statement was satisfied, the challenged order was recognized as illegal.
In the cassation appeal, the representative of the commander of the Northern Fleet, indicating the lack of a ban on the exclusion from the lists of the military unit of the dismissed soldier, provided on the established standards of official residential premises, requested the appellate definition to cancel, to leave the decision of the court of first instance.
Having considered the materials of the case and discussed the arguments of the cassation complaint, the judicial board on the affairs of servicemen canceled the appeal definition of the fleet of the Naval Court and left the decision of the Garrison Military Court of November 18, 2015. On refusal to satisfy the statement, bringing the following arguments.
From the case file it follows that K., which has a total duration of military service for more than 10 years and provided at the place of military service on established standards by official residential premises, by order of the commander of the Northern Fleet is dismissed from military service in connection with organizational and staff activities.
At the time of the dismissal, K. was registered in need of residential premises provided under a social employment agreement, as selected place of residence in St. Petersburg.
On February 5, 2014, the Housing Authority was satisfied with the statement of K. On changing the form of providing housing for the State Housing Certificate, and on May 27, 2015 - on the housing subsidy.
In accordance with the Federal Law "On the status of military personnel" (as amended by January 25, 2014), citizens, the total duration of military service of which constitute 10 years and more, in need of improving housing conditions on the standards established by federal laws and other Regulatory legal acts of the Russian Federation, without their consent, cannot be dismissed from military service upon reaching the limit age at military service, or in connection with organizational and staff activities without providing them with residential premises or housing subsidies. If you wish these military personnel, it is not provided at the place of dismissal from military service, they are provided by residential premises in the selected place of permanent residence in the manner prescribed by the named law. From the analysis of the above standard it follows that the law establishes a ban on the dismissal of these military personnel under certain circumstances, and restrictions related to the impossibility of excluding already dismissed soldiers from the lists of the military unit, provided at the place of military service by residential premises, is not provided.
A similar approach is formulated as a provision on the procedure for the passage of military service approved by the Decree of the President of the Russian Federation of September 16, 1999 N 1237.
According to the contract of hiring a residential premises in the village. Luostari-2 and the obligation to give this housing K. Guaranteed to preserve this premises for it before providing its housing subsidy. With such grounds for finding K. in the lists of personnel of the military unit after the implementation of the final settlement on monetary content, food and broadcasting was not available, and failure to provide him with a housing subsidy (as a form of realization of the right to housing) in the service of the service of the service A residential premises on established standards and finding in order to be in need of residential premises in a selected place of residence in itself was not an obstacle to dismissal and exclusion from the list of personnel part.
Thus, the conclusion of the court of first instance on the legality of the order of the exclusion of K. from the lists of the personnel of the military unit, published in the execution of the order of the commander of the North m fleal about his dismissal from military service Is correct.
Definition n 210-kg16-17

In addition, this thought was set out in

"Review of the judicial practice of the Supreme Court of the Russian Federation No. 1 (2016)"
(approved by the Presidium of the Supreme Court of the Russian Federation 04/13/2016)

According to the explanations contained in paragraph 48 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated May 29, 2014, N 8 "On the practice of applying the legislation by the courts of military duty, military service and the status of military personnel", based on the provisions of paragraph of the fourteenth paragraph 1 of Art. 15, the second paragraph of paragraph 1 of Art. 23 of the Federal Law "On the status of military personnel", paragraph 17 of Art. 34 Regulations on the procedure for the passage of military service in solving disputes on the legality of dismissal from military service of military personnel provided by official residential premises, prior to the realization of the right to housing in the elected permanent place of residence other than military service, the courts should take into account the conditions for the servicemen of the contract of hiring a service Residential premises (housing contract) and other circumstances worthy. From the above, it follows that the dismissal of A. from military service did not assume the need to exemplate them at the place of military service of service residential premises to the realization of housing rights in the chosen place of residence.
Thus, the order to exclude the applicant from the lists of the personnel of the military unit, published in fulfilling the order of his dismissal from military service, the judicial board finds legitimate, and the conclusions of the courts about the inverse erroneous.

Or still I have to be at the disposal of the commander, until the cash is paid to me?

Not. Dismissal and exclusion from the lists of part after all the calculations before dismissal will be legal.

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Hello! In March 2015, I was fired by the disease, the category D - is not suitable for military service (heart disease, received during the passage of military service) - with leaving the part in the lists before receiving housing (so assured the commander). 01/21/2014, by the court decision, I was recognized as a selection of accommodation in the elected place of permanent residence in Vladivostok family of 1 person. In April 2015, it was recognized as needed to receive housing at the place of service (category of the Uzu). I have a term of service for 22 years 5 months calendar, 44 years 10 months of preferential. At my husband, with whom in marriage from August 2010, there is a 2-bedroom apartment, purchased in 1998. It also registered and live two sons of 25 and 27 years old, I registered under Part 2009 At the moment, with my husband we remove the apartment, as living in the same apartment in fact with two other people's men, I have experienced constant stress, which is categorically contraindicated with my disease. At the moment, I am excluded from the lists of the part without granting a subsidy (changed the provision due to the absence of small-scale housing), motivating the fact that I have anything to live, and once (?!) On the "Citizer" will provide me with subsidies. But what about paragraph 1 of Art. 23 FZ "On the status of servicemen"? I myself already want to quit, but after providing housing subsidies. I tell me that it is long to wait. Are there any deadlines of the security, the preferential queue for obtaining lived. Subsidies if you leave for health (category D)? Please answer, is it legitimate to an exception from the lists of the part without granting a subsidy for the purchase, or the construction of housing? Thank you in advance. Irina.

Irina Konstantinovna Baikova,
Subject of the question: Dismissal from the actual service
Locality: Petropavlovsk-Kamchatsky

Good day! No, in this case, an exception from the lists of part will be not legitimate and the order can also challenge in court. I recommend to see the articles with the latest changes.
Article 23. Dismissal of citizens from military service and the right to employment
[Law "On the status of military personnel"] [Chapter II] [Article 23]
1. Military personnel - citizens passing military service under the contract and have not reached the limit age at military service, can not be dismissed from military service without their consent prior to acquiring rights to a retirement for long-term years, except for cases of early dismissal on the grounds established by them Federal Law "On Military Duty and Military Service".
Citizens' servicemen, whose total military service duration is 10 years old and more registered as needing residential premises in the federal executive body, in which the Federal Law provides for military service, without their consent, cannot be dismissed from military service upon reaching They are the limit age at military service, health state or in connection with organizational and staffing activities without providing them with residential premises or housing subsidies, with the exception of cases provided for by paragraph of the third paragraph. If you wish these military personnel, it is not provided at the place of dismissal from military service, they are provided by residential premises in the selected place of residence in the manner prescribed by paragraph 14 of Article 15 of this Federal Law.
In cases where military personnel - citizens listed in the second paragraph of this clause, refused the proposed residential premises located at the military service site or in the selected place of residence, which meets the requirements established by the legislation of the Russian Federation, or refused the housing subsidy or did not submit documents necessary to provide residential premises or housing subsidy, within 30 days from the date notification date by their federal executive body, in which the Federal Law provides for military service, ready to provide residential premises or housing subsidy, not counting the period of temporary disability of military personnel - citizens, stays They are on vacation, in a business trip and other circumstances, objectively excluding the possibility of submission of these documents (including the time of events related to the receipt of military personnel - citizens of these documents in the bodies of the State oh power, local governments and organizations authorized to issue such documents), the consent of such military personnel - citizens to dismissal from military service upon reaching the limit age at military service, health state or in connection with organizational and staff events without providing them with residential Premises or housing subsidy is not required. At the same time, the procedure for notifying military personnel - citizens about readiness to provide them with residential premises or housing subsidy and submission by military personnel - citizens of documents necessary to provide residential premises and housing subsidies are established by the federal authority of the executive power, in which the Federal Law provides for military service. These servicemen - citizens, if they were dismissal from military service to achieve the limit age at military service, a state of health, or in connection with organizational and staffing events, without providing them with residential premises or housing subsidies, provided by residential premises in the form and procedure provided for hereby Federal law.
Citizens to citizens, the total duration of military service of which is 10 years and more to be dismissal from military service to achieve the limit age at military service, health state or in connection with organizational and staff activities, in the last year of military service by the Ministry of Defense of the Russian Federation (another federal executive body, in which the Federal Law provides for military service) at the request of the military personnel - a citizen is issued a state housing certificate to acquire residential premises on a family in elected after dismissal from military service a place of residence in the manner determined by the Government of the Russian Federation.
2. In the case of unreasonable dismissal from the military service of military personnel overgoing military service under the contract caused by this, losses are subject to compensation in full. The moral damage caused by such dismissal is to be reimbursed by the court decision on the basis of the will of the military personnel. These military personnel are restored at military service in the same (and with their consent - equal or no lower) position and are provided by all types of contentment, missed after unreasonable dismissal. This period is included in the total duration of military service and the period defined to assign the next military rank.