Are spouses entitled to a military mortgage? Yuzhno-Sakhalinsk Garrison Military Court Military mortgage if both spouses are military personnel.
The housing problem has always been one of the most pressing in a person’s life, especially if a separate unit of society called a family has been formed.
For military personnel who are participants in the savings-mortgage system, the state provides the opportunity to solve this problem through “Military Mortgage,” that is, taking out housing on credit. At this moment, military personnel have many questions not only related to the terms of the loan and the registration procedure, but also how their other half will be involved in this. In the article we will try to address as many issues as possible related to the topic: “Military mortgage in marriage.”
Spouse's consent
The state's decision to provide a housing loan to a military personnel does not in any way affect the consent of the spouse. Consent is only required during registration of the transaction, as during any mortgage lending. The document must be notarized by the spouse. Consent is required to register the ownership of the purchased property. This is done to exclude the spouse from the chain of legal relations with Rosvoenipoteka and the Bank. Only military personnel take part here.
The amount of money that is issued to a serviceman under the terms of the Military Mortgage program does not in any way affect the presence of a second half and children. The spouse has no obligations if the terms of the agreement are not fulfilled. All obligations to return funds fall on the program participant.
According to the rules of the savings-mortgage system, the spouse does not have the right to the purchased housing. If family funds are invested to purchase an apartment, then the spouse can only count on monetary compensation.
Repayment of a housing loan to the bank is carried out according to the obligations assumed by Rosvoenipoteka. That is why, in order to protect themselves, banks oblige spouses to enter into either a marriage contract or formalize the spouse’s refusal of the apartment. Such actions help to avoid unpleasant situations if there is a “Military Mortgage” during a divorce.
Is it possible to combine military mortgages between spouses?
If both spouses are participants in the savings mortgage system, is it possible to combine mortgages? Just recently this was impossible, but the President of the Russian Federation V. Putin signed Federal Law No. 118-FZ dated May 1, 2016 “On Amendments to the Federal Law “On the Savings and Mortgage System of Housing for Military Personnel”(addition was made to Article 14, Part 1.1. Federal Law - 117). Now married military personnel who have been participants in the Savings and Mortgage System for at least three years each can purchase residential real estate into common ownership using targeted housing loans.
What if the spouse has an apartment?
If a serviceman is a participant in the savings-mortgage system, regardless of whether his family members own other residential premises, he has the right to purchase housing under the Military Mortgage program.
I would like to note that a participant in the savings-mortgage system, even if he owns residential real estate, can use the “Military Mortgage” program to purchase housing. The Federal Law does not mention restrictions regarding this.
DO FAMILIES OF MILITARY SERVICEMEN ALWAYS HAVE THE RIGHT TO RECEIVE HOUSING PREMISES FROM THE MILITARY DEPARTMENT?
E. A. Glukhov
In accordance with paragraph. 2 p. 1 art. 15 of the Federal Law “On the Status of Military Personnel”, military personnel - citizens of the Russian Federation performing military service under a contract” and members of their families living with them are provided with service living quarters in accordance with the norms and in the manner no later than three months from the date of arrival at the new place of military service , which are provided for by federal laws and other regulatory legal acts of the Russian Federation, taking into account the right to additional living space.
At the same time, since the entry into force of the Federal Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ, military personnel in the matter of obtaining housing have been divided into two categories:
1) those who entered into a contract for military service before January 1, 1998 (with the exception of cadets of military educational institutions of vocational education) and members of their families living with them after five years of military service have the right to apply for the provision of residential premises under a social tenancy agreement;
2) those who entered into the first contract for military service after January 1, 1998, as well as officers who were appointed to military positions after January 1, 1998 in connection with graduating from military universities and receiving an officer military rank in connection with this (starting from 1998), as well as members of their families living with them, have the right to count only on receiving official living quarters during their service.
Without going into the legality and fairness of such a division depending on the date of conclusion of the contract for military service2, we will only note that, as can be seen from the above provision of the Law, not only military personnel themselves, but also members of their families living with them have the right to housing . In addition, gradually an increasing proportion of military personnel and their family members during military service will be provided only with official housing.
Question No. 1 - Who has the right to housing together with a military personnel? The First Federal Law “On the Status of Military Personnel” includes family members of a military personnel as spouse, minor children, children over 18 years of age who became disabled before reaching the age of 18, children under the age of 23 studying in educational institutions full-time, as well as dependents of a military personnel (clause 5, article 2). However, the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) defines the circle of family members of the tenant of the residential premises somewhat differently. So, according to Part 1 of Art. 69 of the Housing Code of the Russian Federation, family members of a tenant of residential premises under a social tenancy agreement include his spouse living with him, as well as the children and parents of this tenant (regardless of their age). Other relatives and disabled dependents are recognized as family members of the tenant of the residential premises under a social tenancy agreement if they are settled by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of a residential premises under a social tenancy agreement in court.
In order to resolve this conflict, the Plenum of the Supreme Court of the Russian Federation in paragraph 22 of its resolution “On some issues of the application by courts of legislation on military duty, military service and the status of military personnel” dated February 14, 2000 No. 9 (as amended on February 6, 2007 ) noted that when deciding who should be classified as family members of a serviceman entitled to housing, one should be guided by the norms of the Housing Code of the Russian Federation.
Thus, the necessary conditions for providing housing for other persons together with a serviceman are their close relationship (or the presence of a citizen of the Russian Federation as a dependent of the serviceman) and cohabitation with him.
Question No. 2. Are family members of a military personnel independent subjects of housing relations with the participation of the military department?
When answering this question, you should pay attention to the procedure for obtaining residential premises for military personnel and members of their families. As the Supreme Court of the Russian Federation indicated in its ruling of August 9, 2002 No. 82-B02pr-63, the social tenancy agreement provides for the provision of residential premises in order to improve living conditions according to priority, i.e. a certain procedure for the provision of residential premises is implied and involves two stages : 1) recognition of a citizen as needing housing and 2) distribution of housing to him.
Let us immediately make a reservation that the grounds and procedure for providing military personnel and members of their families with housing have both the same and different features in comparison with the procedure for providing citizens of the Russian Federation with housing under social tenancy agreements given in Chapter. 7 Housing Code of the Russian Federation.
The general requirement for all citizens of the Russian Federation applying for housing from the state is their need for housing. Both the Housing Code of the RSFSR (Article 28) and the Housing Code of the Russian Federation (Parts 2 and 3, Article 49, Part 1, Article 52) establish, as a prerequisite for providing housing, the recognition of a citizen, on the grounds established by law, as needing housing. The Supreme Court of the Russian Federation indicated this in its explanation on the application of the Housing Code of the Russian Federation: “The constitutional right of citizens to housing consists, inter alia, in the provision of housing from state, municipal and other housing funds to the poor and other citizens specified in the law who need home (emphasis added by the author)"
4. The distinctive features of the procedure for providing housing to military personnel and members of their families are the following.
Firstly, for military personnel and members of their families to exercise their right to housing, they do not necessarily need to be poor. Indeed, since military service is a type of federal public service, military personnel can be classified as civil servants. Therefore, the state has no right to proclaim that defenders of the Fatherland can exercise their right to housing only if they are near the poverty line. In addition, based on the nature of military service, which involves fairly frequent changes of duty station and settlements, and an increased risk to health, one can agree with the opinion of a number of scientists5 that the right to housing serves as one of the types of allowances for a military personnel provided to him in order to perform their duties efficiently.
Secondly, granting a serviceman and his family members the status of those in need of residential premises is not carried out by a local government body, as prescribed in Part 3 of Art. 52 of the Housing Code of the Russian Federation, and by housing commissions of military administration bodies and housing allowance authorities of the Ministry of Defense of the Russian Federation6.
Thirdly, only the serviceman himself, and not his family members, has the right to apply to the housing commission on the issue of recognizing him and his family members as in need of residential premises. It should be recalled that the right to housing, guaranteed by the Federal Law “On the Status of Military Personnel,” is not absolute, but declarative in nature, and for its implementation it is necessary to perform certain actions - the collection of documents indicating the absence of residential premises in a given locality or the inadequacy of the size of the existing one. residential premises, registration standards, etc. In the report to the housing commission, the serviceman indicates the composition of his family and attaches documents confirming this information.
In turn, the housing commission of a military unit, making a decision to recognize a serviceman as needing housing, simultaneously makes a decision to place, together with the serviceman, members of the serviceman’s family in need of housing (or to refuse to place them in this queue). To resolve this issue, it is necessary to indicate this in the serviceman’s report (expression of will), as well as to attach to the report documents indicating that members of the serviceman’s family do not have the right to use other living quarters (about the expiration of a five-year period from the moment of their intentional deterioration of living conditions).
Consequently, the protocol of the housing commission on the serviceman’s report must also reflect decisions regarding all members of his family indicated in the report. And this document on the decision made, no later than three working days from the date of its approval by the commander of the military unit, must be issued or sent to the serviceman who submitted the corresponding report on registration (Part 6 of Article 52 of the RF Housing Code).
The question arises: what should the housing commission do if, for some reason, a serviceman did not indicate in the report all the members of his family included in his personal file? For example, quite often a serviceman does not indicate in the report on registration as those in need of housing his children, who remained after a divorce to live with their former spouses.
On the one hand, based on the fact that the right to housing is of a declarative nature, in this case it is necessary to make a decision only on those persons whom the serviceman indicated in his report.
On the other hand, if a serviceman specifically or unintentionally did not indicate in the report the family members living with him, then this issue must be clarified at a meeting of the housing commission in the presence of the applicant7. In itself, hostile relations between a serviceman and members of his family should not entail for them (for family members) a refusal to recognize them as needing to receive living quarters.
Separately, we should dwell on the right to housing for the children of a serviceman, who, after his divorce, remained to live with his ex-wife. Regardless of the end of the marriage, children cannot be ex-children. They are still included in the serviceman’s personal file, he must pay alimony for their maintenance, and can receive VDP for their travel to the place of vacation and back. However, the residence of a serviceman’s child separately from him is formally an independent basis for refusal to provide him with living quarters from the military department.
According to the author of this article, the current situation requires the intervention of the legislator and amendments to regulatory legal acts regarding the provision of housing for minor children of a military serviceman, both living with him and living separately. After all, divorce and parental troubles should not affect the child’s right to housing, which he previously had before his parents’ divorce. And such a child’s loss of the right to housing occurs without any action on his part.
A similar situation is possible in the case where a serviceman, having already been recognized as in need of housing together with members of his family, writes a report with a request to exclude his ex-spouse and the children remaining with her from the lists of those in need. The will of a serviceman is the basis for making changes to housing registration documents. In this case, the author recommends that the chairmen of housing commissions, before making decisions on such a report, issue a certificate of verification of living conditions8, which reflects the fact of joint or separate residence of the former spouse and children of the serviceman.
Considering the above, one should agree with the opinion of E.N. Trofimov that family members of a serviceman do not have an independent right to be provided with housing from the military department. The right of family members of military personnel to receive housing from the federal executive body is derived from the right to receive housing of the serviceman himself. Even the receipt of residential premises by family members of a deceased (deceased) serviceman is only a consequence of his unrealized right to receive housing during the serviceman’s lifetime.
The ruling of the Constitutional Court of the Russian Federation dated December 27, 2005 No. 502-0 formulates the legal position according to which military service is a special type of public service directly related to ensuring the defense of the country and the security of the state, the rights and freedoms of citizens and, therefore, carried out in the public interest. Persons performing military service perform constitutionally significant functions, which determine their legal status, as well as the content and nature of the state’s responsibilities towards them. The need for military personnel to perform assigned tasks in any conditions, including those involving significant risks to life and health, entails the state’s obligation to guarantee these individuals social protection corresponding to their special status.”
The status of a family member of a military man does not imply the performance of public constitutionally significant functions, and despite the fact that family members, together with the military man, are quite often forced to change their place of residence and endure certain hardships associated with living in closed military camps and areas remote from “civilization,” the legislator does not classify them as a category of citizens who are provided with housing free of charge or for an affordable fee (Article 40 of the Constitution of the Russian Federation).
The conclusion drawn is confirmed by the literal interpretation of paragraph. 1 and 15 paragraphs 1 art. 15 of the Federal Law “On the Status of Military Personnel”: the state bears the burden of responsibility for housing provision for military personnel; the serviceman himself has the right to improved living conditions during his military service.
However, if the housing commission of a military unit makes a decision to exclude former family members of a serviceman (no longer living with him) from the lists of those in need of residential premises on the basis provided for in subsection. 2 hours 1 tbsp. 56 of the RF Housing Code, such a decision affects their rights and must be communicated to them. The expediency of bringing such a decision lies in the need to implement the principle of legal certainty, as well as to prevent conflict situations at the stage of obtaining housing for the serviceman himself.
Based on the provisions of Art. 46 of the Constitution of the Russian Federation, everyone is guaranteed judicial enforcement of his rights and freedoms. Decisions and actions (or inaction) of state authorities, local governments, public associations and officials may be appealed to the court. Consequently, family members of a serviceman can challenge the decision made regarding them to exclude them from the list of persons in need of housing in the COURT. The serviceman himself can go to court. The difference is that this kind of dispute, upon the application of a serviceman regarding the actions of the housing commission and the commander of the military unit who approved its decision, will be considered by a water court, and a similar application by a member of his family who does not have the status of a military personnel by the court (Article 254 of the Code of Civil Procedure of the Russian Federation) .
Here it is necessary to make a reservation that if both spouses are military personnel, then both of them are fully entitled to the rights and social guarantees due to the special legal status of the military personnel. Therefore, the dissolution of marriage between them and separation does not in itself change their legal status in terms of housing legal relations.
Interesting from this perspective is a civil case considered by the West Siberian District Military Court on April 18, 2008.10 During the consideration of the case, the court established the following: “Lieutenant Colonel N. served under a contract in a military educational institution. On July 2, 2001, Lieutenant Colonel N. and members of his family - his wife N-ova, as well as the minor son of the Kemerovo KECH were included in the automated system for recording military personnel in need of living quarters (and accordingly were previously recognized by the housing commission as needing living quarters) .
On August 28, 2006, N., who had a length of service in calendar terms of 17 years and 1 month, was dismissed from military service upon the expiration of the contract for military service, and based on the order of the head of the military university dated September 11, 2006, he was excluded from the lists personnel.
The wife of N., Lieutenant Colonel m/s N-ova, who was dismissed from military service, filed a report with the housing commission of the military university, which decided to replace Lieutenant Colonel N. with Lieutenant Colonel m/s N-ova on the list of those in need of residential premises, but on January 16 2008, the head of the Kemerovo KECH notified the latter that the replacement of one citizen with another, including a family member, in the registration lists is not provided for by current legislation, and therefore recommended that the applicant, in the prescribed manner, join the queue of those in need of residential premises.
In a statement to the garrison military court, N-ova challenged the actions of the head of the KECh related to the refusal to include her in the automated system for recording military personnel in need of residential premises, instead of a spouse dismissed from military service, and demanded that this military official be obliged to eliminate the violations by inclusion of her instead of her husband in the automated accounting system from July 2, 2001.
The garrison military court satisfied N-ova's demands.
In the cassation appeal, the head of the Kemerovo KEC asked the court to cancel this decision and send the case for a new trial. At the same time, he, referring to the provisions of Part 3 of Art. 52 LC RF and par. I, paragraph 27 of the Instructions on the procedure for providing living quarters in the Armed Forces of the Russian Federation concluded that in order to register those in need of living quarters, a serviceman must directly submit a report to the body that maintains this registration. Applicant N-ova never submitted such a report, and her request to be replaced in the queue instead of her dismissed husband is not, in its content, a report on being placed on the queue for housing. At the conclusion of the cassation appeal, it was stated that during the trial of N-ova, no evidence was presented that the replacement in the queue in question did not violate the rights and legitimate interests of other persons, and therefore the conclusion of the garrison military court in this part is controversial .
After checking the case materials and discussing the arguments of the cassation appeal, the district military court came to the following conclusions.
Military personnel are included in the waiting list for residential premises on the basis of decisions of housing commissions, documented in protocols and approved by commanders (chiefs) of military units (institutions) (clause 28 of the Instructions). Thus, the date of registration of a serviceman for receiving residential premises is the date of the relevant decision by the housing commission.
At the same time, not only the military personnel themselves, but also members of their families are included in the automated system for recording those in need of residential premises, as evidenced by the file of this system “information about family members of a serviceman”, which, along with other data, contains columns for the dates of registration and loss rights to receive housing.
As follows from the case materials, N-ova on July 2, 2001, i.e. on the day of the decision of the housing commission to register all members of her family as those in need of housing, had the status of a military serviceman, and therefore from that date she had independent right to be registered on this account, which was impossible to realize due to the fact that her husband N. was registered, therefore it should be concluded that from July 2, 2001 (from the date of the decision made by the housing commission on the report of her husband ) N-ova has the right to be registered, which is discussed in this court decision.
This right of N-ova to be registered as needing residential premises in accordance with Art. 55 of the Housing Code of the Russian Federation did not cease, and she, as a military personnel currently undergoing military service under a contract, was not provided with housing, according to Art. 56 of the Housing Complex of the Russian Federation is not subject to deregistration as those in need of residential premises, since it does not fall under any of the paragraphs of this article, and therefore it has the right to receive housing from the Ministry of Defense of the Russian Federation from the date of registration...” .
In the opinion of the author of this article, the above conclusion of the district military court that both spouses of military personnel cannot separately be in the queue of those in need of housing is debatable."
Firstly, the legislation does not contain a ban on recognizing both military spouses as needing to improve their living conditions. And secondly, neither in the Family Code of the Russian Federation, nor in the Civil Code of the Russian Federation, nor in other legislative acts are there any requirements for spouses to live together. Therefore, nothing prohibits military spouses from living separately from each other and being on the waiting list for housing also separately, even when serving in the same military unit. The key to resolving this issue will be the will of the serviceman, stated in the report to the housing commission.
At the same time, separate recognition of military spouses as needing residential premises is economically unprofitable for the military department, as it may entail the need to provide two apartments for one family of military personnel.
Question No. 3. Do family members of a serviceman who died during military service have the right to receive housing from the military department?
The right to receive housing from the state is granted to persons who are simultaneously given two statuses: 1) the status of someone in need of housing and 2) the status of a low-income person or another person classified by federal law, a decree of the President of the Russian Federation or the law of a constituent entity of the Russian Federation as a category of citizens entitled to housing. obtaining housing (Article 49 of the Housing Code of the Russian Federation).
The category of those in need of housing usually includes citizens who do not have residential premises at all or who have residential premises whose size is less than the accounting standard for the area of residential premises established by the local government body at the citizen’s place of residence. Therefore, if, in connection with the death of a serviceman who was previously recognized together with members of his family as needing housing, the area of living space occupied by each member of his family began to exceed the accounting norm, then the family members of the deceased (deceased) serviceman, according to the norms of the Housing Code of the Russian Federation, no longer qualify as persons in need of housing.
Next, let us turn to the norms of special legislation - the Federal Law “On the Status of Military Personnel”, which in paragraph 5 of Art. 2 declares that social guarantees and compensations provided for by this Federal Law, other Federal Constitutional Laws and Federal Laws are established for military personnel and members of their families.
According to paragraph 2 of Art. 24 of the Federal Law “On the Status of Military Personnel”, family members of military personnel who have lost their breadwinner, after the death of a serviceman, retain the right to improve their living conditions in accordance with federal laws and other regulatory legal acts of the Russian Federation. A similar requirement is contained in paragraph 4 of Art. 24 of the said Law.
From the analysis of the provisions of paragraphs. 2 and 4 tbsp. 24 of the Federal Law “On the Status of Military Personnel” leads to at least two conclusions. Firstly, even after the death of a military breadwinner, members of his family can legally receive housing from the military department without being classified as low-income or another category of citizens to whom housing is provided free of charge or at an affordable price. Secondly, the procedure for family members of a deceased (deceased) serviceman to receive living quarters must be determined by a special regulatory legal act.
Currently, such regulatory legal acts exist, however, as a mandatory condition for family members to receive housing, they determine the recognition of a serviceman and his family members before the death of a serviceman as needing housing in the relevant military department and the preservation of the grounds of need for family members after death (death) of a soldier.
Thus, in accordance with paragraph 1 of the Decree of the Government of the Russian Federation "On additional measures for social protection of family members of military personnel and employees of internal affairs bodies, the State Fire Service, the penal system, directly involved in the fight against terrorism in the territory of the Republic of Dagestan and those killed ( missing persons), those who died, who became disabled in connection with the performance of official duties" dated August 25, 1999 No. 936 (with subsequent amendments), federal executive authorities are ordered to provide, on an extraordinary basis, the families of deceased (missing) military personnel in need of improvement living conditions, residential premises in accordance with the standards established by federal laws and other regulatory legal acts of the Russian Federation.
The order of the Minister of Defense of the Russian Federation “On Additional Measures for the Social Protection of Family Members of Military Personnel Who Performed Tasks in the North Caucasus Region of the Russian Federation and Those Who Killed (Missing in Action), Those Who Died, or Who Became Disabled in Connection with the Performance of Official Duties, issued in furtherance of this Resolution” of January 26, 2000 44 (in the Reaction of April 23, 2007) also prescribes the provision of living quarters to the families of fallen military personnel in need of improved living conditions.
Thus, no matter how bitter it sounds, but if the living conditions of the family members of a deceased serviceman improved as a result of his death and each family member began to have more meters of living space than established by the accounting norm in a given locality, they are no longer entitled to housing . If the deceased serviceman was considered “homeless” (or the housing space available to his family members was less than the accounting norm), the deceased was recognized as in need of residential premises, then his family members are given the independent status of those in need of residential premises.
Question No. 4. Do family members of a deceased serviceman who at the time of his death were not recognized as in need of housing have the right to receive housing?
At first glance, the answer to this question is simple: since the serviceman was not recognized as in need of housing, it means that he was not entitled to housing during his service. Consequently, his family members are not entitled to receive it.
However, life situations are very diverse, and existing legislation sometimes has gaps in regulating emerging legal relations. Below we will talk about that category of military personnel who, for completely objective and valid reasons, were unable to exercise their right to receive housing during their military service.
For example, officers are graduates of military universities from 1998 to 2008. During military service, they are only entitled to receive official living quarters. When receiving official residential premises in accordance with the standards established by federal laws and other regulatory legal acts of the Russian Federation, such military personnel are removed from the register of those in need of residential premises (improving living conditions) in accordance with clause 31 of the Instruction on the procedure for providing residential premises in the Armed Forces of the Russian Federation Federation. In the future, such military personnel may again be recognized as in need of living quarters only before dismissal from military service upon reaching a total duration of military service of 20 years or more, or upon dismissal from military service upon reaching the age limit for military service, for health reasons or due to with organizational and staffing measures for a total duration of military service of 10 years or more (paragraph 12, paragraph 1, article 15 of the Federal Law “On the Status of Military Personnel”). Thus, in the case where a serviceman of the specified category already has more than 10 years of service in military service, is provided with a service apartment in accordance with current standards and has not yet been dismissed from military service on a “preferential” basis, he does not have the right to be recognized as needing to receive housing under a social rental agreement or as a property. Accordingly, members of his family are also not registered with the military authorities as those in need of residential premises. The death of the said serviceman under such circumstances makes it impossible for members of his family to obtain other living quarters and may well lead to their eviction from official housing “to the street.”
In accordance with sub. 1 item 2 art. 103 of the RF Housing Code cannot be evicted from official residential premises and residential premises in dormitories without the provision of other residential premises, members of the families of military personnel killed (deceased) or missing in action while performing military service duties, who are registered as needing residential premises.
The guarantee of housing in this case is reserved only for the families of those military personnel who died (died) or went missing while performing military service duties. In cases where the death of a serviceman did not occur in connection with the performance of military service duties, their families may be evicted from official housing without the provision of other living quarters.
The situation looks even more ridiculous and unfair when a serviceman already has 20 years of military service or the right to retire from military service on one of the “preferential” grounds if he has 10 years of military service, but decides to continue serving the Motherland. Before the process of dismissal of such a serviceman begins, he will not be put on a waiting list for housing. Therefore, his unexpected death, even while on duty, again entails very unfavorable consequences for his family in the form of loss of the right to housing and possible eviction from their occupied housing.
In addition, here it is necessary to take into account the fact that service apartments often provided to military personnel are located in closed military camps, far from large populated areas, and family members of the serviceman arrived there after the serviceman himself. As a rule, people have no intention of living there permanently. Therefore, even if the family of a deceased serviceman does not evict from service housing in the absence of the prospect of receiving other housing from the military department, many people leave such apartments themselves.
The same situation occurs if the death of a serviceman occurred during his move during transfer to another military organization in another locality or before he was recognized as needing housing at a new place of military service. At the same time, the housing commission at his previous place of military service has every reason and is even obliged to remove the family of such a serviceman from registration as those in need of housing in connection with their departure to their place of residence in another municipality (clause 3, part 1, art. 56 Housing Code of the Russian Federation). In the new military organization, family members of a deceased serviceman are also not listed as those in need of living quarters, since he has not yet managed to apply there.
The foregoing allows us to raise the question of introducing amendments to the current legislation in terms of improving it on the provision of housing for family members of fallen (deceased) military personnel who had the right to be provided with only official residential premises for the first 20 years of military service. One of such measures, in the author’s opinion, could be the adoption of a resolution of the Government of the Russian Federation on the procedure for recognizing the specified category of military personnel as needing residential premises, a reference to which appeared in the Federal Law “On the Status of Military Personnel” back on December 1, 200812, but which has not yet been adopted. Such a resolution should reflect the possibility of recognizing certain categories of deceased military personnel and members of their families as needing living quarters after the death of the serviceman.
Despite the fact that spouses of military personnel are not in service, the hardships of military life also affect them. After all, they faithfully follow their husbands to the most remote garrisons, worry about their needs and raise children, and in most cases without the opportunity to find a job, and therefore earn their own income.
Moreover, when applying for a pension, women cannot even count on a decent benefit due to lack of experience, which is why they are provided with a number of benefits at the legislative level to compensate for the provision of family support to defenders of the fatherland.
Legislative aspect of the issue
Of course, being a military spouse is not easy, given that at any moment you may need to quickly pack up and move to another unit, possibly thousands of kilometers away. But in a new place you need to improve life, find housing, place your children in kindergarten or school, and this despite the fact that the military husband will be in the service, accordingly, all the burdens of improvement will be placed on the spouse.
A few more nuances should be noted, namely, compliance with the rules of being in a military unit, because wives, as well as their husbands, participate in drill drills, which involve the evacuation of all civilians within an hour, as well as constant anxiety for the spouse, who, due to military service, may receive injury or injury.
Actually, precisely due to the fact that military wives, in fact, also serve for the good of the homeland, but not publicly, in accordance with Federal Law No. 76 they are entitled to a number of benefits, including preferential medical care, improved living conditions, and the possibility of obtaining a pension in a special manner, not to mention additional guarantees in the event that the husband dies while on duty.
Types of assistance from the state to military spouses under contract
Considering that spouses of military personnel, both during their husbands’ service and after it, are, in fact, in special conditions that deviate from the norm, at the legislative level they receive compensation in the form of a number of benefits provided which allow, in particular:
- get a job on preferential terms;
- combine work with the hardships of nomadic life and the service schedule of a military husband;
- calculate length of service taking into account the time spent with your husband in garrisons;
- receive the right to a preferential pension;
- improve living conditions for the whole family;
- have the opportunity to receive medical care and spa treatment in military clinics;
- count on state support in the event of the death of the husband or his death after transfer to the reserve.
Labor
Considering that it is quite difficult for a serviceman’s wife to find a place of work in remote garrisons, the legislative level provides for a norm that makes it easier to find a job.
So, in particular, by virtue of clause 4 of article 13 of Federal Law No. 1032, military spouses have preemptive right when applying for a job in government agencies, not to mention searching for other vacancies in accordance with existing education or the opportunity for further employment. Also, a specified category of persons, when moving with their husband to a new place of duty, can register and receive registration with the right to extend it for a period of time, but not more than 36 months in total.
If the military spouse has permanent place of employment, she is provided with a number of other benefits. In particular:
- the possibility of obtaining the full length outside the waiting list simultaneously with the husband within the framework of clause 11 of Article 11 of Federal Law No. 76;
- use up to 14 days a year at a convenient time on the basis of Article 128 of the Labor Code of the Russian Federation.
Also, if the length of the annual vacation, issued simultaneously with the legal leave of the spouse, is shorter, the woman is released from work for a period equal to the difference between the vacations, but without saving wages. At the same time, a military spouse may not apply to exercise her right to a difference in leave, given that the agreed condition is not an obligation, therefore, the woman has the right to make a decision in this situation independently and taking into account family circumstances.
Upon retirement
As a rule, it is quite difficult for spouses of military personnel to find work within the husband’s deployment, and therefore, by the time they reach retirement age, many women do not have enough length of service to receive one. That is why staying with your husband in distant garrisons is in accordance with Part 4 of Article 10 of Federal Law No. 76 counts towards total length of service military spouses, but not more than 5 years in total and provided that they are registered with the Employment Center and have also been recognized.
Also, additional length of service is taken into account for being on maternity leave, in the amount of one and a half years for each child, but not more than 4.5 years, in general. At the same time, the time spent at the Labor Exchange within the framework of Article 12 of Federal Law No. 400, along with the indicated periods, is also subject to accounting. That is, in fact, a military spouse without working can have up to 12 years of experience, and with several years of work, even part-time, she will receive a minimum experience of 15 years, which is actually necessary to assign old-age benefits at the age of 55.
If, by the time the pension is issued, the military spouse dies or dies due to previously received injuries and concussions, the woman will have the right to double benefits, namely for old age or disability, but on the condition that she does not remarry.
Pregnancy and childbirth
In fact, within the framework of the law, the wife of a contract serviceman, unlike the wife of a conscript, does not have special benefits when assigning maternity benefits.
That is, if a woman is employed, the agreed type is assigned to her at the place of employment, but if she is not in an employment relationship or is recognized as unemployed in the prescribed manner, she has no right to count on maternity benefits, except for the cases specified in Article 6 of Federal Law No. 81 .
In particular, benefits will be paid military spouse only if she:
- is a full-time student;
- was fired due to the liquidation of the company within a year before going on maternity leave;
- was forced to resign due to moving to another area due to the transfer of her husband within 30 days before going on maternity leave (clause 14 of Order No. 1012n).
Moreover, if a woman is employed as civilian personnel at her husband’s military unit and insurance premiums are transferred from her income, maternity benefits will be paid to her in the amount established by Federal Law No. 81.
Payments and benefits
Many military spouses, even with a great desire to work according to previously acquired qualifications, do not have the opportunity to find a job due to the fact that there is no suitable position in a remote garrison.
That is why, due to the inability to exercise their right to work, women are entitled the following types of payments:
- unemployment benefits, provided that they registered with the Employment Center and were declared unemployed;
- benefits in the event of the death of a spouse during execution in the amount of 3 million rubles by virtue of Article 3 of Federal Law No. 306;
- covering everything, including the installation of a tombstone in accordance with Order No. 5.
Housing
In accordance with Article 24 of Federal Law No. 76, spouses of military personnel under a contract have the right to a number of housing benefits, in particular:
Medical
Also, in accordance with Article 16 of Federal Law No. 76, spouses and children of military personnel have the right to medical care on preferential terms in military clinics, as well as to life insurance and, accordingly, services within the limits. In addition to general treatment, spouses have the right to receive medications at retail prices or free of charge, depending on the nature of the disease and the procedure that actually approves the costs.
At the same time, military spouses along with their husbands they have a right also for dental prosthetics and sanatorium-resort treatment, as well as compensation for travel expenses to the place of treatment or use of legal rest from the military unit and to the place of rest, as well as back. By the way, this rule also applies to widows of military personnel, but only if they do not remarry, and to the wives of former military personnel who, due to reaching the age limit, have switched to pension benefits.
Emergency service
Of course, it is impossible to compare the hardships of everyday life for the spouses of military personnel, who have been in service for 10 or more years due to the conclusion of a contract, and the wives of conscripts, who will perform their duty for only a year. And, nevertheless, due to the fact that a conscript soldier cannot provide financial assistance to his wife or newborn child due to compulsory military service, the spouses of conscripts are provided with a number of benefits at the state level.
In particular, by virtue of Federal Law No. 81 they have the right on the:
- a one-time benefit during a pregnancy of 180 days in the amount of 26,539.76 rubles, regardless of the right to receive other benefits, that is, the same or;
- a monthly allowance for a child in the amount of 11,374.18 rubles, but not earlier than the child’s father is drafted into the army and no longer than his term of service.
At the same time, in order to receive the agreed payments, a woman must contact to the social security authorities at the place of residence, presenting not only the standard package of documents about pregnancy, registration and other personal data, but also a certificate from the military registration and enlistment office confirming that the husband is in conscription service.
State support for the wife of a retired military man
Considering that service in the ranks of the Russian Army is not only honorable, but also quite difficult, former military personnel transferred to the reserve due to reaching the age limit or disability are entitled to a number of benefits that apply to members of their family, in particular, wives.
That is, military spouses along with their husbands has the right to count on the:
- improvement of living conditions;
- payment of part of the utilities;
- preferential pension provision;
- medical care including.
At the same time, in order to exercise their right to the specified preferences, the spouse of a military man can contact the social security office, again with the provision of supporting documents about the husband’s service in the ranks of the Russian Army.
Widows
Considering that many wives of military personnel at the time of their husband’s untimely death depend in almost everything on the preferences provided by the state, the specified category is not left without support. So, in particular, in accordance with Federal Law No. 400, widows are provided right to double pension, namely by loss of a breadwinner and by age, of course, if the woman has reached it.
If the widow is relatively young, but has small children to support, she is entitled monthly allowance regardless of whether she has a permanent place of work or not, given that young relatives or children of a deceased military man need to be fed and educated.
Also, a woman who, together with her husband, was registered with the improvement of living conditions, will have the right to receive the treasured square meters, and in accordance with the footage that was provided even before the untimely death of the spouse. And of course, the widow will not be left without previously provided benefits for utility bills and medical care, not to mention the provision of solid fuel and assistance in repairing a residential building.
Moreover, to receive the above benefits, depending on their type, the widow will need contact either the Pension Fund at your place of residence or the Social Security Administration with a package of documents specified by law. By the way, all expenses for the husband’s burial, including transportation of the body and the purchase of all ritual paraphernalia, as well as the installation of the monument, will be compensated from the federal budget in gratitude for his long service and fulfilled civic duty to Russia.
For information on providing housing for military personnel and their families, see the following video:
Benefits for spouses of military personnel and military women
E.A. Strenina, lieutenant of justice, officer of the legal service of the FSB of the Russian Federation
“I am doing military service in a military unit. There she met her future husband, an Airborne Forces sergeant doing military service under a contract. Now we are one family,” Warrant Officer Olga N. writes to the editor. “Please tell me what benefits I can enjoy as a female soldier and the spouse of a serviceman, and my husband and I as military spouses?” Letters asking for information about the benefits provided by law often come from spouses of military personnel and women serving in the military.
Benefit - a preferential right, relief provided to someone as an exception to the general rules 1 . In accordance with paragraph 9 of Art. 2 of the Federal Law “On the Status of Military Personnel” of May 27, 1998 No. 76-FZ, benefits, guarantees and compensation for military personnel and members of their families are established by federal constitutional laws, federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation, as well as regulatory legal acts of local governments. If military personnel and members of their families have the right to receive the same benefit, guarantee, compensation on several grounds, then they are provided with a benefit, guarantee, compensation on one basis of their choice, with the exception of cases specifically provided for by the legislation of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.
Basically, the legislator proceeds from the fact that only one family member is a military personnel. However, benefits are also provided for families in which both spouses are military personnel. For example, spouses performing military service under a contract have the right to a simultaneous transfer to a new place of military service. The regulation on the procedure for military service, approved by Presidential Decree No. 1237 of September 16, 1999 (clause 6 of Article 15), establishes that if both spouses are military personnel serving under a contract, then when one of them is transferred to a new place of military service, when the place of residence of his family changes, simultaneously with the decision to transfer the serviceman to a new place of military service, the issue of transferring his wife (husband) to this area is decided. If it is impossible to simultaneously appoint military spouses to military positions within the same locality (garrison) and in the event of refusal to dismiss one of them from military service, transfer to a new place of military service is not carried out.
Military spouses, at their request, are granted the main leave at the same time (Regulations on the procedure for military service, paragraph 17, article 29).
If both spouses are military personnel serving under a contract, and they are parents (guardians, trustees) of disabled children and people with disabilities from childhood until they reach the age of 18, they are given four additional days off per month to care for them. These days off can be used by one soldier or divided between them (Regulations on the procedure for military service, paragraph 2 of Article 32).
What if one of the spouses is serving in the military and the other is not? The Federal Law “On the Status of Military Personnel” (Clause 5, Article 2) stipulates that spouses are members of the families of military personnel. For spouses of military personnel, the law provides for a system of benefits, guarantees and compensation.
Wives (husbands) of military personnel have employment benefits. Spouses of military personnel, under other equal conditions, have a priority right to employment in state organizations, military units and to remain at work in state organizations, military units when the number or staff of employees is reduced, as well as to priority assignment for professional training, advanced training and retraining with separation from production with payment of wages during the training period (Federal Law “On the Status of Military Personnel”, paragraph 6 of Article 10).
For spouses of military personnel undergoing military service under a contract, the total length of service required to establish a pension includes the entire period of residence with their spouses until 1992, regardless of the location of military units; since 1992 - in areas where they could not work in their specialty due to the lack of employment opportunities and were recognized as unemployed in the prescribed manner, as well as the period when spouses of military personnel were forced not to work due to the health of their children related to the living conditions at the place of military service of the spouses, if, according to the conclusion of a health care institution, their children were in need in outside care. These periods do not interrupt the length of service required to receive social security benefits. During these periods, spouses of military personnel, if they have lost the right to unemployment benefits, are paid a monthly benefit (Federal Law “On the Status of Military Personnel,” paragraph 4 of Article 10). The conditions and procedure for the payment of these benefits are regulated by the Decree of the Government of the Russian Federation “On the amount and procedure for payment of monthly benefits to spouses of military personnel undergoing military service under a contract during the period of residence with their spouses in areas where they are forced not to work or cannot find employment in their specialty due to absence employment opportunities, as well as for the health of children” dated February 27, 1999 No. 231.
Wives (husbands) of military personnel have the right to be granted leave simultaneously with the leave of military personnel at their request. In this case, the duration of leave for spouses of military personnel can, at their request, be equal to the duration of leave for military personnel. In this case, part of the leave of spouses of military personnel, exceeding the duration of annual leave at their main place of work, is provided without pay (Federal Law “On the Status of Military Personnel,” paragraph 11 of Article 11).
Benefits for paying for housing, communal services and communication services apply to spouses living together with military personnel serving under a contract. They pay 50%:
the total area of residential premises occupied by them (in communal premises - living space). In addition, tenants of residential premises pay 50% for the maintenance, repair and rental of residential premises, and owners of residential premises and members of housing construction (housing) cooperatives pay for the maintenance and repair of common facilities in apartment buildings;
utilities (water supply, sewerage, removal of household and other waste, gas, electricity and heat) regardless of the type of housing stock;
subscription fee for the use of radio broadcasting points and collective television antennas.
In houses that do not have central heating, these persons are given a 50% discount on the payment for fuel purchased within the limits established for sale to the public (Federal Law “On the Status of Military Personnel”, paragraph 10 of Article 15). The procedure for reimbursement of expenses associated with the provision of the above benefits is determined by Decree of the Government of the Russian Federation dated July 12, 1996 No. 790 (Order of the Minister of Defense of the Russian Federation dated May 29, 1997 No. 215).
Spouses of military personnel are also entitled to benefits related to medical and sanatorium-resort provision. They have the right to medical care in institutions of the state or municipal health care system and are subject to compulsory health insurance on the same basis as other citizens.
In accordance with the Decree of the Government of the Russian Federation “On the procedure for reimbursement of expenses associated with the provision of medical care, sanatorium treatment and recreation for military personnel, citizens discharged from military service, and members of their families” dated September 26, 1994 No. 1093 at the expense of the Ministry Defense of the Russian Federation, other ministries and departments of the Russian Federation that provide for military service, medical care is provided to the wives (husbands) of officers in military medical institutions free of charge. If there are no military medical institutions at the place of residence of spouses of military personnel or if there are no corresponding departments or special equipment in them, as well as in urgent cases - in health care institutions on a common basis with citizens of the Russian Federation. During outpatient treatment, medications are dispensed to them for a fee at retail prices, with the exception of cases where, in accordance with the law, no fee is charged or when the medications are dispensed for a fee on preferential terms.
The manufacture and repair of dentures for the spouses of officers in military medical institutions is carried out on the same terms as for other citizens, in institutions of state or municipal health care systems, unless otherwise provided by federal laws and other regulatory legal acts of the Russian Federation (Federal Law “On the Status of military personnel”, paragraph 3 of article 16).
Spouses of military personnel undergoing military service under a contract (with the exception of cadets of military educational institutions of vocational education) are provided with sanatorium-resort treatment and organized recreation in sanatoriums, rest homes, boarding houses, and tourist bases of the Ministry of Defense of the Russian Federation (otherwise) no more than once a year federal executive body in which federal law provides for military service). In this case, they pay 50% of the cost of the trip, except for cases when, in accordance with federal laws and other regulatory legal acts of the Russian Federation, other payment conditions are provided. In accordance with the order of the Minister of Defense of the Russian Federation “On the procedure for sanatorium and resort provision in the Armed Forces of the Russian Federation” dated August 20, 1999 No. 360, the selection of military personnel and members of their families in need of sanatorium and resort treatment is carried out by sanatorium selection commissions at military units . Regardless of the purchase of a voucher, military personnel are paid monetary compensation in the amount of 300 rubles per spouse. When sent to a sanatorium to continue hospital treatment in accordance with the conclusion of the military medical commission, spouses of military personnel are additionally provided with free vouchers (Federal Law “On the Status of Military Personnel,” paragraph 4 of Article 16).
Military spouses may be eligible for tax benefits. Military personnel and members of their families may be fully or partially exempted by local governments from paying local taxes and fees (Federal Law “On the Status of Military Personnel,” paragraph 5 of Article 17). In accordance with Part 1 of Art. 39 of the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” dated April 28, 1995 No. 154-FZ, representative bodies of local government have the right to establish local taxes, fees and benefits for their payment independently.
Spouses of military personnel performing military service under a contract have benefits for travel on transport. Clause 1 of the Decree of the Government of the Russian Federation “On the procedure for reimbursement of expenses associated with the transportation of military personnel, citizens discharged from military service, and members of their families, as well as their personal property” dated April 20, 2000 No. 354 establishes that the Ministry of Defense of the Russian Federation , other ministries and departments of the Russian Federation, which provide for military service, reimburse the costs associated with travel by rail, water, road (except for taxis) transport, to the wives (husbands) of military personnel:
from the place of residence to the place of military service of a serviceman in connection with his transfer to a new place of military service;
once a year – to the place of vacation use and back;
for treatment in medical institutions based on the conclusion of a military medical commission and back;
upon dismissal of a serviceman from military service, as well as in the event of death of a serviceman - to the chosen place of residence.
When moving to their chosen place of residence due to the death of a serviceman, family members have the right to free transportation of up to 20 tons of personal property in containers by rail, and where there is no rail transport, by other modes of transport (except for air). In the case of transportation of personal property in a separate carriage, baggage and small shipments, they are reimbursed for actual expenses, but not higher than the cost of transportation in a container weighing 20 tons.
In the event of a serious illness of a serviceman, no more than two family members and two close relatives have the right to travel from the place of residence to the location of the patient and back once during the illness. In the event of the death of a serviceman, members of his family (but no more than 3 people) have the right to free travel to the place of burial and back. One of the family members of a deceased (died) serviceman and buried on the territory of the Russian Federation once a year has the right to free travel to the place of burial and back (Federal Law “On the Status of Military Personnel”, paragraph 2 of Article 20).
When military personnel undergoing military service under a contract move to a new place of military service in another locality, including to or from the territory of a foreign state, in connection with appointment to a military position, enrollment in a military educational institution of vocational education, a period of study in for more than one year, or in connection with the redeployment of a military unit, they are paid a lifting allowance in the amount of one salary for their wife (husband) (Federal Law “On the Status of Military Personnel,” paragraph 3 of Article 13).
Spouses of military personnel have the right to receive free legal assistance on issues related to military service - in the military administration and military justice bodies (Federal Law “On the Status of Military Personnel”, paragraph 3 of Article 22).
1 See: Ozhegov S.I., Shvedova N.Yu. Explanatory dictionary of the Russian language. – M., 1993. – P. 328.
Those who sponsor... the Association women-leaders of Russia" ... systems of patriotic education of employees and military personnel. In 2001 - 2015..., on Saints' Day spouses Peter and Fevronia, who became a symbol...
- Where can I get it? Ask for money. Requests for free assistance. Billionaires in Russia
- Yuzhno-Sakhalinsk Garrison Military Court Military mortgage if both spouses are military personnel
- And you, Chief of Finance, don’t reach for “cash”... the reality of Nachfin payments
- Are spouses entitled to a military mortgage?