What is the provision of living quarters. How many square meters of living space per person
In this section, we will consider the processes associated with the formation organizational structure The Red Army in the 20s of the twentieth century, that is, from the moment of its creation until the onset of the 30s, which will help to highlight the current state of affairs in the Red Army at the time of the onset of the period of interest to us - to explicate the main problems that the Soviet government faced in the process the formation of the Armed Forces.
In the mid-1920s, a major military reform was carried out in the USSR, which resulted in the formation of the Red Army on the basis of the territorial-militia principle. The male population of each region, capable of holding weapons in their hands, was called up for a certain, limited time in army territorial units, which made up about half of the size of the Soviet army. The initial term of service in the ranks of the army was three months during the year, then the term of service took one month a year for five years. At the same time, regular personnel remained the basis of the military system. "In 1925, such a manning organization for the Red Army provided 46 out of 77 infantry divisions, and 1 out of 11 cavalry divisions." The duration of service in the regular troops was at the same time 2 years. Subsequently, the territorial system was abolished, with a complete reorganization into personnel divisions in 1937-38.
The Workers 'and Peasants' Red Army (RKKA) was created in 1923-1925. In the following years, before the start of the Great Patriotic War, a number of reforms were carried out aimed at improving the combat potential of the army: equipping it with modern technical means, rationalizing the methods of manning military units, searching for the best structure for organizing troops.
The first reform in the Soviet army, which took place immediately after the establishment of the Red Army, was of a forced nature. This was due to exhaustion after the First World War and the Civil War - the national economy of the young Soviet state suffered significant damage and Soviet Russia could not withstand the heavy burden of maintaining a modern combat-ready army.
The decree of the All-Russian Central Executive Committee and the Council of People's Commissars of September 28, 1922 "On compulsory military service for all male citizens of the RSFSR" declared confirmation of the principle of compulsory military service for workers, but at the same time the draft age changed - they began to recruit into the ranks of the armed forces from the age of 20, and not from 18 year old as it was before.
Later, since 1925, the draft age was again increased - up to 21 years, which made it possible to create serious reserves of labor, which could be used for the needs of the reviving national economy.
There was a significant decrease in the costs of maintaining the army, while maintaining its high combat readiness and combat effectiveness was ensured primarily due to the infringement social sphere and household needs of military personnel.
This transition to a mixed territorial-personnel system was announced by the Decree of the Central Executive Committee and the Council of People's Commissars of the USSR of August 8, 1923 "On the organization of territorial military units and the conduct of military training of workers", the transition to a territorial personnel system of the army was proclaimed, which became key in the process of reorganization of the Armed forces in peacetime.
"By the end of 1923, 20% of the rifle divisions had been transferred to a territorial position, by the end of 1924, 52%, and in 1928, 58%." The predominant importance of territorial units in the Red Army continued until the second half of the 1930s.
In local military units, recruited according to the territorial-militia principle, only 16% of the full-time command and enlisted personnel were regularly available, while the bulk of the military contingent consisted of a variable composition - the Red Army men called up for military service, who were in the barracks position only for short periods training fees, which helped to reduce military spending in state budget and caused an increase in the labor resources of the national economy, but negatively affected the state of the army's combat readiness.
The content of the Red Army was transferred from a mixed monetary-in-kind to a paid basis. The Red Army soldier began to receive 1 ruble 20 kopecks instead of the previous 35 kopecks per month. There was an increase in the pay for the command staff. It was increased by 38%, however, even with this increase, it continued to be less than a third of the monetary allowance of the former tsarist army.
The situation with the financial support was also deplorable for the reserve command structure, which was involved in non-military training. The payment for one academic hour for them was 5 kopecks. The unemployed commanders were paid more - 9 kopecks.
All privates of territorial units involved in military training had to provide themselves with clothing, bedding, personal accessories and food at their own expense.
A significant reduction in the size of the Soviet army made it possible, firstly, to save substantial funds for the restoration and development of the state economy destroyed by the war, and secondly, to allow increasing allocations for the reconstruction and recreation of the defense industry.
But the already difficult living conditions, everyday life and service of the personnel of the cadre troops of the Red Army were greatly worsened in social terms.
The barracks fund, which was formed in the pre-revolutionary period at the rate of 1.5 square meters per person, was in a deplorable state - it was badly destroyed and outdated. The state, which was going through difficult times, simply did not have the funds to repair it, or to create any of the simplest amenities. Even the commanding staff of the Red Army was in a difficult situation related to housing: only 30% were provided with apartments, while the rest were housed either in private apartments, or several families were forced to huddle in one apartment.
The troops were acutely aware of the lack of clothing, while the available was of poor quality. The crisis situation developed with bedding, with which the military units were provided with less than 50%. “Only 30 kopecks were allocated for the bath and laundry per month for each Red Army soldier, therefore, due to the unsatisfactory sanitary and hygienic conditions, the threat of epidemics remained significant.”
The norm of food allowance for one day contained 3012 calories, however, in comparison with the norms of the European armies, it was 400-500 calories lower than the optimal one.
A serious disadvantage was that the reform did not properly reflect such a significant problem as employment and pension provision for command personnel who were dismissed from the ranks of the army. Most of the former army personnel found themselves unemployed and without a livelihood.
The number of the Red Army was 183 thousand less than in France, 17 thousand less than that of Poland, Romania and the Baltic countries combined. The USSR contained 41 soldiers for every 10 thousand inhabitants, Poland - about 100, France - 200 ...
The fighting efficiency of the Red Army up to the very beginning of the Great Patriotic War was negatively affected by such a factor as the low general educational and cultural level of employees. In view of this, teachers were brought into the staff in the military units, more than 4500 "Leninist corners" were created, in which the soldiers of the Red Army could spend their leisure time and engage in self-education.
In the army, circle, club and library work was actively developing, which began to play a significant role in the cultural education of millions of future defenders of the fatherland. A general cultural upsurge was clearly outlined - for example, if in 1923 6.3 million books were taken from the libraries of the army for reading, then in 1924 this figure had already grown to 10 million books.
The development of the cultural base of the Red Army was complemented by the fact that Red Army Houses were opened in many garrisons, and the network of cinema installations grew to 420. During two years of service in the army, the number of illiterate Red Army men was reduced to 12%.
The cost of social services and maintenance of one soldier increased from 1924 to 1926 by 90 rubles.
During these years, the number of cases of such a military crime as desertion has been significantly reduced.
In the resolution of the III Congress of Soviets of the Union "On the Red Army" in May 1925, approval was expressed for the military reform of 1923-1925, as well as instructions were given to the government to involve all all-Union and Union-republican departments and public organizations in active participation in strengthening the country's defense capability.
The congress decided to instruct the Central Executive Committee and the Council of People's Commissars to hold in 1925-1926 budget year a number of the following practical measures to increase the supply of funds for the provision of the Red Army:
- - to improve the material and living conditions of the army;
- - quantitative and qualitative improvement of all types of food allowances, housing and barracks conditions (construction of new facilities, renovation of old ones, equipment and modernization of barracks premises), an increase in housing and housing stock the command structure by booking living space in the places where the troops are stationed;
- - making reservations in all civilian institutions, enterprises and institutions for positions subject to exclusive replacement by those demobilized from the ranks of the army and navy and equating them with respect to the conditions of employment with members of labor trade unions;
- - improving the provision of benefits to disabled war veterans;
- - Adoption of a special provision on pension provision for the commanding officers of the army;
- - control over the actual implementation of the Code of Benefits for the Red Army. This decree was supposed to significantly contribute to the removal of socio-economic tension in the army.
As a result of the research carried out in this paragraph, we come to the conclusion that the process of organizing the Armed Forces of the USSR in the period after the Civil War was associated with a number of significant problems. The young Soviet state had to maneuver between the need to cut defense spending associated with the general crisis of the national economy and the need to maintain the combat capability of the Red Army. During the 20s of the twentieth century, the army faced difficult material problems, the problem of providing army units. However, by the end of the 1920s, a course was taken to overcome the material crisis in the army, to increase the level of both the household and cultural spheres of the life of combat units. The chosen strategy ultimately ensured the progressive development and reform of the Red Army in the 1930s.
Red Army in the 30s of the 20th century
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Slide 3
Red Marshals: 1st row: M. Tukhachevsky, K. Voroshilov, A. Egorov, 2nd row: S. Budyonny, V. Blucher
Slide 4
K.E. Voroshilov (1881-1969) In 1925-1934. - People's Commissar for Military and Naval Affairs, Chairman
RVS of the USSR. 1934-1940 - People's Commissar of Defense of the USSR, since 1940 - Deputy Chairman of the Council of People's Commissars. During the Great Patriotic War - a member of the State Defense Committee and a representative of the Headquarters of the Supreme Commander-in-Chief on a number of fronts. At the beginning of the war, he showed a complete inability to lead the troops. In 1953-1960 - Chairman of the Presidium, and since 1960 - Member of the Presidium of the Supreme Soviet of the USSR
Slide 5
CM. Budyonny (1883-1973) During the Civil War he commanded the 1st Cavalry Army (1919-1923). Later
in command positions in the Red Army, deputy and first deputy commissar of defense. In 1941-1942. - commanded the troops of a number of fronts and directions, then - the cavalry of the Red Army. Since January 1943, the commander of the cavalry of the Soviet Army and a member. Supreme Military Council of the Ministry of the Armed Forces of the USSR, and in 1947-53 at the same time deputy. Minister of Agriculture for Horse Breeding. Cavalry inspector from May 1953 to September 1954.
Slide 6
A.I. Egorov (1883-1939) Graduated from the Junker Infantry School. Member of the First World War
(Colonel). After the October Revolution, he went over to the side of the Soviet regime. Member of the Civil War. Then the Chief of the General Staff, Deputy People's Commissar of Defense of the USSR. Marshal of the Soviet Union. Shot with a group of military leaders. Rehabilitated posthumously.
Slide 7
VC. Blucher (1890-1938) 1920-1922 - Minister of War and Commander-in-Chief
People's Revolutionary Army of the Far Eastern Republic. First Knight of the Order of the Red Banner. After the Civil War - at the highest command posts in the army. In 1929-1938. - Commander of the Separate Far Eastern Army. In 1938 he was arrested and shot
Slide 8
M.N. Tukhachevsky (1893-1937) From the nobility. Graduated from a military school. Participant of the First World War
war (guard second lieutenant). First, 1918. - in the Red Army. After the Civil War of 1918-20, he took an active part in carrying out the Military Reform of 1924-25. Since 1934, Deputy People's Commissar of Defense, since 1936 1st Deputy People's Commissar of Defense and Head of the Combat Training Directorate. He was shot in 1937.
Slide 9
Belov I.P. (1893-1938) commander of the 1st rank (1935). The son of a poor peasant. 1st participant
world war, non-commissioned officer. In 1919, commander-in-chief of the troops of the Turkestan Republic. He successfully fought against the Basmachi detachments, using their own terrorist methods against them. In 1938 he was arrested as commander of the Belarusian Military District. Sentenced to death. Shot. In 1956 he was rehabilitated.
Slide 10
Kamenev S.S. (1881-1936) Commander of the 1st rank (1935). Member of the CPSU since 1930. Born into a family
military engineer. Graduated from the Alexander Military School (1900) and the Academy of the General Staff (1907). During the 1st World War 1914-18 in staff positions. At the beginning of 1918 he voluntarily joined the Red Army. From 1918 to 1919 he successfully commanded the troops of the Eastern Front, then during the defense and offensive against the troops of Kolchak in 1919. From 1919 to 1924 - the commander-in-chief of the armed forces of the Republic. Since 1934, the head of the air defense department and at the same time a member of the Military Council at the USSR People's Commissariat for Defense. He died on August 25, 1936 from a heart attack.
Slide 11
B.M. Shaposhnikov (1882-1945) military service since 1901 Member of the First World War
(Colonel), in the Red Army since 1918. During the Civil War and after its end - in the staff and military teaching work. During the Great Patriotic War - Chief of the General Staff, Deputy People's Commissar of Defense. Marshal of the Soviet Union. Made a significant contribution to the theory and practice of construction Armed Forces THE USSR.
Slide 12
I.E. Yakir (1896-1937) Member of the Civil War. In the late 1920s. studied in the German military
academy. For 12 years he commanded the Ukrainian Military District. In 1935-1936. in the Politburo, decisions were made on the appointment of Yakir and Uborevich, as the most talented commanders of the two leading military districts, to senior positions in the central apparatus of the NCO. Yakir resigned as chief of the General Staff. Repressed in 1937
Slide 13
I.P. Uborevich (1896-1937) In the late 1920s. studied at the German military academy. In 1930 was
appointed 1st Deputy People's Commissar for Military and Naval Affairs. Then the commander of the Belarusian Military District. In the Belarusian district, under the leadership of Uborevich, talented commanders grew up who became prominent commanders of the Great Patriotic War: future marshals G.K. Zhukov, I.S. Konev, K.A. Meretskov and others.
Slide 14
I WOULD. Gamarnik (1884-1937) In 1929-1937 Head of the Political Administration of the Red Army. Led the purge
the political composition of the Red Army from the "former whites" In 1930-1934. first deputy. People's Commissar for Military and Naval Affairs of the USSR Voroshilov and Deputy. Chairman of the Revolutionary Military Council of the USSR. Provided all possible assistance to Tukhachevsky in the implementation of the technical reconstruction of the Red Army and played big role in increasing the combat readiness of the Red Army. 1934-1937. first deputy. People's Commissar of Defense of the USSR. Gamarnik was the first in the Red Army in 1935 to be awarded the rank of 1st rank army commissar, corresponding to the rank of 1st rank army commander. Shot himself on the eve of imminent arrest
Slide 15
A.I. Cork (1887-1937) military expert, commander of armies during the Civil War, army commander
2nd rank (1935), head of the Frunze Military Academy of the Red Army, member of the Central Executive Committee of the USSR, member of the All-Union Communist Party of Bolsheviks since 1927. During the 1st World War, he was in staff positions, lieutenant colonel. Shot during the repressions in the Red Army (1937).
Slide 16
V.M. Primakov (1897-1937) In 1914 he joined the RSDLP, a Bolshevik. Decorated with two orders
Red Banner (1920, 1921). Maintained discipline with punitive measures. Educated at the Higher military academic courses (1923). In 1933-1935 - deputy. Commander of the North Caucasian Military District, Deputy. inspectors of higher military educational institutions. Since 1935, deputy. Commander of the Leningrad Military District. In 1937 he was sentenced to death. Shot. In 1957 he was rehabilitated.
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Calculations according to which you can set the quantity square meters there are quite a lot for one person in our state.
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Rules for the provision of residential premises
Calculations depend on several factors - these include living conditions in a specific subject and what kind of norm should be calculated (sanitary, social, accounting).
Also includes indicators average cost one square meter of housing in a specific region and what kind of housing is taken into account - social, which will be provided under a contract social recruitment or commercial, which can be redeemed by obtaining a special housing certificate.
In accordance with current housing legislation and with the Housing Code Russian Federation, the norm of living space is the number of square meters of housing that fall on one specific person.
The state authorities of the Russian Federation have the right, in accordance with the legislation, to establish regional norms for the area of housing, but they can also delegate this right to the authorities. local government.
The Housing Code has strictly defined the value, which cannot be less - this is 12 m2.
Moreover, when calculating such a norm, not the total area of an apartment or house should be taken into account, but the area of the living quarters itself (that is, living rooms, while the corridor, kitchen or bathroom should not be taken into account).
Sanitary and social standards
In the RF LC Art. 38 there are certain norms that must be followed:
- Housing provision rate- this is minimum size the area of the premises, according to which the size of the provision of living space is determined under a social tenancy agreement;
- According to the minimum sanitary standard, there must be at least 6 square meters per tenant of a particular apartment (or house);
- Social norm- This is the size of the area of housing per person, within which compensation (subsidies) are provided for paying for housing and utilities.
Federal standard social norm housing area is determined:
- 18 sq. m total area housing for one member of a family consisting of three or more people;
- 42 sq. m - for a family of two;
- 33 sq. m - for lonely citizens.
What is an accounting rate?
The accounting rate for housing in accordance with the existing legislation on the housing stock is calculated in the case when it is decided whether there is a need to queue up for improving the living conditions of a particular person or family.
Such a rate is calculated based on the conditions that exist in each specific region.
The accounting rate cannot be less than the minimum sanitary rate specified in the RF LC, namely, less than 6 square meters per person.
When calculating such a standard, it is taken into account how many people are members of a family that claims to improve housing conditions, that is, the social norm also plays a role here.
When forming the size of the accounting standard, it is necessary to remember about such an important fact as type of living space (that is, we are talking about an ordinary apartment or about a communal one), since the determined required size depends on it.
If you want to know how you can get an apartment from the state for free, we advise you to read.
Where will the size of the living space be taken into account?
Living space norms are calculated and taken into account in the following cases:
- When is the calculation of the payment for housing utilities ... If, for some reason, tenants cannot independently pay in full for utilities, the size of which is calculated based on how many square meters of housing are in a particular case per person.
- In the event that there is a significant debt for payment and non-payers are subject to eviction from the occupied area, when providing them with other housing, the rate of 6 square meters for one person is used.
- When relocating from hazardous housing, residents are provided with square meters, based on certain rules. If the apartment to be resettled has not been privatized, then the calculation of the living space will be based on the requirements of the sanitary standard. If the privatization of housing was carried out, then the new living space should be no less than the one from which the resettlement occurs.
- When determining the right to receive a new living space (if an improvement in existing housing conditions is required), the sanitary standard is taken into account. In this case, the norm is increased for ordinary categories of citizens to 10 square meters.
The Supreme Court of Russia has clarified which rules Housing Code should be used when resettling the owners of emergency houses. We invite you to watch the video.
Who is eligible for additional meters?
Additional space is provided to citizens who suffer from severe forms of certain chronic diseases, as well as the right to additional living space is enjoyed by servicemen and officers of the Department of Internal Affairs and the Ministry of Emergency Situations equated to them.
The rules and norms for the provision of additional living space and the list of categories of citizens entitled to receive it are established by law.
- ФЗ dated 24.11.1995, No. 181-ФЗ"On social protection of disabled people in the Russian Federation" (with last amendments and add.).
- Resolution of the Government of the Russian Federation of December 21, 2004 N 817"On approval of the list of diseases that give people with disabilities, suffering from them, the right to additional living space."
- FZ of May 27, 1998 No. 76-FZ"On the status of military personnel" (with last amendments and additions).
Thus, the norm of square meters of living space, which should be calculated for each person, is a very interesting question, which is necessary to understand in order to know exactly what you can count on, including at the time of filing an application for improving housing conditions.
The rate of living space per person is subject to mandatory registration when issuing municipal housing. How many meters are due to a citizen and his family - is decided when studying technical documentation on the living space. In Russia defined federal standards, which, according to Art. 38 ZhK RF, are 12 m. Per person. But the regional authorities have the right to adjust this norm.
In Moscow in 2016, the registration rate is 10 meters per person. This parameter does not provide for living space, but for the total minimum living space, including additional premises. The norm of living space is needed for those who need more comfortable living conditions.
The living space norm at the federal level
In addition to accounting parameters, the law in Russia provides for a social norm of living space, which is taken into account when providing a young family with housing or resettlement of citizens from dilapidated and. When providing housing, the following social parameters are taken into account:
- for a family of three - at least 18 sq.m. per person;
- for a family of two - at least 42 sq. m .;
- for a lonely citizen - 33 sq. m .;
This rule is taken into account when calculating utility bills. The owners of the living space must apply to the EIRTs with documents confirming the right to the benefit. When calculating payment per person, the living space standard is determined with a coefficient of - + 7 meters in addition to the above social standards.
Sanitary standards
Federal legislation establishes that in Russia at least 6 sq. m... The sanitary norm is a guideline taken into account when relocating debtors to pay for housing and communal services from municipal apartments.
Social housing, in this case, is provided in hostels, apartments of the temporary fund. Such a norm will be a guideline for the resettlement of citizens from emergency houses. Citizens should be provided with an apartment with a living space of at least 10 square meters per person.
Seizure of housing for state (municipal) needs and other important nuances
In Russia, the situation depends on whether the seized housing has been privatized or not. In the first case, citizens must receive living space, no less than what they had at the time of alienation.
When confiscating municipal housing, the standards adopted in a specific municipality... Then the accounting rate will be no more than 10 meters per person. This figure can be adjusted by local authorities.
In 2016, when receiving housing under a social tenancy agreement and ownership by the military, the current provision of military personnel with housing is taken into account. It turns out: not intentionally.
The area per serviceman and his family must be at least 18 sq. M. for one person. When retiring or in reserve, it is allowed to provide benefits in the direction of increasing the area of housing.
In Moscow and other cities, the military can get additional - from 15 to 25 sq. M. area for one person. It is possible that the social norm of housing is exceeded - if it depends on the technical parameters of an apartment building. But such a deviation will not be more than 9 m for each person.
Problems of the question
The accounting norm for the area of living quarters is observed when a citizen or a family is evicted from municipal apartment and the provision of real estate from a flexible housing stock. The rate may not be taken into account when placing spouses who are entitled to one living space. Social norms are not taken into account if the parents decide to register a minor child in the apartment.
The regulation on the accounting standard for living space is developed on the basis of a decision of the Council of Deputies or another legislative body authorized to issue regulations at the local government level. The development of acts is carried out taking into account the number of free housing.
Situations are possible when a young family is refused to improve their living conditions, since the total area of their real estate is higher than the registration indicators. Administration specialists often do not take into account the fact that the living area of an apartment or private house is much less than the total.
The accounting parameters are the main indicators for providing the population with preferential premises. Large and low-income families receive housing based on the social norm of “square meters”, which are due to one person.
Payment for housing and the calculation of subsidies to help low-income people are carried out using the social norm. These benefits can be used by:
- persons who suffered during the liquidation of the consequences at the Chernobyl nuclear power plant and who took part in the nuclear tests in Semipalatinsk;
- holders of state awards;
- labor veterans.
The right to the benefit is available to citizens who live in municipal housing. Veterans are provided with a privilege, regardless of the form of ownership of the apartment. The size of the subsidy will be 50% of the amount of payment for utilities.
Within the meaning of paragraph 4 of Art. 50 of the RF LCD, the accounting norm is necessary so that citizens can register in the queue as people who need to improve their living conditions. When highlighting preferential real estate or a state subsidy, all transactions that could lead to a deterioration in the living conditions of citizens and their families are taken into account.
The size of the norm required for registering a person is from 6 to 10 meters. The fact of the need for a living space must be supported necessary documents, among which are important:
- extracts from the house book, as well as from the previous addresses of residence for the last three years;
- housing survey act;
- family income statement;
- documents of title to the existing real estate;
- information about benefits - including a certificate of disability or a serious illness that does not allow household members to coexist on the living space.
Poor living conditions are confirmed by a commission, which must travel to the place of actual residence of the beneficiaries and issue an opinion on the state of the room, apartment or private house. Residential premises, taking into account the relying rate, are provided according to the queue.
The granting process is lengthy and can take several years. Out of turn, living quarters can be received by disabled persons of groups 1, 2 and other categories of beneficiaries who live and work in a particular municipality.
The accounting rate is calculated by local governments. It may be higher than the standards established federal authorities authorities. The indicator is designed so that citizens can freely live in an apartment, spend leisure time and raise children.
In practice, the requirements for the norms of living space (accounting, sanitary, social) are quite formalized. Calculations are based on the total area of the premises, excluding the actual living space. Disagreements must be resolved administratively or judicially.
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1. The norm for the provision of living space under a social tenancy agreement (hereinafter referred to as the provision rate) is the minimum size of the living space, on the basis of which the size of the total living space provided under a social tenancy agreement is determined.
2. The provision rate is established by the local government, depending on the level of provision of residential premises, provided under social tenancy agreements, achieved in the respective municipality, and other factors.
3. Federal laws, by decrees of the President of the Russian Federation, laws of the constituent entities of the Russian Federation, establishing the procedure for the provision of residential premises under social rental contracts to the categories of citizens specified in part 3 of Article 49 of this Code, these categories of citizens may be provided with other provision rates.
4. The accounting norm of the living space (hereinafter - accounting rate) is the minimum size of the living space, on the basis of which the level of provision of citizens with the total area of the living space is determined in order to register them as needing living quarters.
5. The accounting norm is established by the local government. The size of such a norm cannot exceed the size of the provision rate established by this body.
6. Federal laws, decrees of the President of the Russian Federation, laws of the constituent entities of the Russian Federation establishing the procedure for the provision of residential premises under social rental contracts to the categories of citizens specified in part 3 of Article 49 of this Code, these categories of citizens may establish other accounting standards.
Commentary on Art. 50 ZhK RF
1. The state cannot abandon the rationing of residential premises provided for use, both due to a shortage of housing, and because it comes about social recruitment, i.e. on the provision of housing on terms much more favorable than usually existing. Housing must be provided on the basis of the following calculation: for each user (tenant and his family members) - an area not less than the size established by the local government. This minimum size is the provision rate. If, for example, the local government has set the provision rate at 15 sq. m of the total area per person, then when providing living space to a family of three, the area of such a room must be at least 45 (15 x 3) sq. m total area.
As follows from part 2 of the commented article, when determining the provision rate, the local government should proceed not from the general level of provision in this municipality, but only from the level of provision of housing in the housing stock for social use.
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The provision of housing in the legal literature, and often in regulations was called the average security rate.
In addition, when establishing the provision rate, one should take into account the structure and state of the housing stock for social use existing in a given municipality, the rate of housing construction of municipal housing, the number of housing units supplied to the municipal housing stock from other sources, etc.
2. If we translate the rather difficultly constructed norm of Part 4 of the commented article into a language understandable to people who are not experienced in jurisprudence, then we get the following.
First of all, citizens living in overcrowded residential premises, or, in other words, those who have an insignificant amount of square meters per user, should be considered as those in need of residential premises. The level of this insignificance is determined by the local government (part 5 of the commented article). According to the JK of the RSFSR, it was determined by the constituent entities of the Russian Federation (Article 29). Suppose it has been established that citizens who are tenants (members of the tenant's family) under a social tenancy agreement or the owners (family members of the owner) of a dwelling who are provided with housing of no more than 15 sq. m of the total area for one person. In this case, 15 sq. m and there is an accounting norm (earlier in the literature and acts of some constituent entities of the Federation, it was sometimes referred to as an accounting and staging norm). Provision for each user less than the accounting rate means that citizens are in need of housing. If, for example, in an apartment with a total area of 44 sq. m, three people live, and the registration rate in this municipality is 15 square meters. m, then such citizens are considered in need of housing, since each user has less than 15 sq. m.
Thus, contrary to the statement contained in part 4 of the commented article (that the accounting rate is the minimum amount), the accounting rate is maximum size area per user, overstepping which citizens are not considered to be in need of housing.
3. When establishing accounting standards, local governments should take into account the same circumstances that are taken into account when determining the provision rate, including the degree of severity housing problem, the condition and structure of the available housing stock, the pace of housing construction, etc.
4. Citizens provided with housing less than the registration rate are accepted for registration. Naturally, the provision rate should be higher than the accounting rate. Otherwise (if suddenly the accounting rate is higher than the provision rate), a vicious circle will turn out: citizens in need of housing are provided with housing, but they continue to be in need.
It happens that approximately the following rules are established: citizens who are provided with no more than 15 sq. m of the total area per person (accounting rate); living quarters are provided in such a way that one person has at least 15 sq. m of the total area (provision rate).
It seems that there should always be some gap between the provision rate and the accounting rate. Rules of this kind are very flawed, and from the point of view of everyday life, in some cases they cannot be perceived without irony. Suppose a family is provided with housing of 14.9 sq. m per person. They are provided with housing at the rate of 15.5 sq. m for each. Is there any reason?
5. See also paragraph 6 of the commentary to art. 49 LCD RF.
Article 51. Grounds for recognizing citizens in need of residential premises provided under social rental contracts
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