How do they pay for sub-hire to military personnel? Where is it paid? Grounds for paying compensation for renting housing to military personnel
Military personnel often change their place of residence due to duty. This specificity of work requires certain attention from the employer, which in the case of military personnel is the state, represented by the Ministry of Defense. It is legally stipulated that those arriving at a new duty station must be provided with official housing. And if so housing stock Does the military unit simply not have one? Then you have to go the other way - rent an apartment and receive part of the compensation for the cost of renting housing. How are payments made to military personnel for rented housing and what needs to be done to arrange everything as quickly and competently as possible? Answers to many of the main questions in this regard are contained in this material.
Who assigns payments to military personnel for renting housing?
Article 15 of the Federal Law “On the Status of Military Personnel” establishes certain guarantees of housing for military personnel and members of their families who arrived at a new duty station. In accordance with these guarantees, military personnel must be provided with official housing until they receive housing in accordance with established standards. If a military unit does not have service apartments for military personnel in sufficient quantities, then the military unit independently rents residential premises to provide for military personnel and members of their families or, at the request of military personnel, pays them monthly monetary compensation for sub-rental housing in the manner and amounts determined by the Government of the Russian Federation.
This means that upon arrival at a military unit at a new duty station, the serviceman himself and his family members must register at a new place of residence , namely at the address of the military unit. After which, in order to pay for the sub-rental housing, the serviceman must register for housing.
It should be noted that the Constitutional Court of the Russian Federation, in its resolution of February 27, 2012 No. 3-P, recognized military personnel’s right to receive cash payments for subletting of housing, regardless of the period of their housing registration. Judges Constitutional Court The Russian Federation indicated in its resolution that the payment of compensation for rental housing to military personnel is temporary, pending the provision of official or personal housing, therefore the legislator did not bind the right to receive monthly monetary compensation for subletting of housing during the period of absence of official residential premises with the date of registration of the military citizen as needing improvement living conditions and calculated it from the moment of need for rental housing.
However, in practice, to receive compensation, military personnel have to collect all Required documents, register for housing and pass the housing commission. After all, it is this commission that decides on the assignment of cash payments for sublease housing. But they may well assign compensation backdating- that is, to reimburse the serviceman for the amounts he paid for renting an apartment on his own until a decision is made on the assignment of monetary payments.
To determine the right and procedure for assigning cash payments to military personnel for sublease housing, housing commissions are guided by two main regulations:
1) Instructions on the provision to military personnel serving under contract in the Armed Forces Russian Federation, office residential premises (approved by order of the Russian Ministry of Defense dated September 30, 2010 No. 1280)
2) Regulations on the payment of monetary compensation for renting (subletting) residential premises (approved by Decree of the Government of the Russian Federation of December 31, 2004 No. 909).
They define all the conditions necessary to receive compensation, the procedure for its execution and the amount of cash payments, depending on the region of the Russian Federation in which the military unit is located.
Registration and amount of payment to military personnel for sublease housing
Contrary to the common misconception that if a serviceman is the owner of a home or has entered into an agreement social hiring residential premises in locality, different from the current place where they pass military service, may be considered in need of receiving office space V in the prescribed manner. As a result, he receives the right to be provided with official housing, and in the absence of it, the right to receive cash payments for subletting residential premises.
As for the amounts of cash payments, they are established by Clause 2 of the Decree of the Government of the Russian Federation dated December 31, 2004 No. 909 and their size cannot exceed:
In the federal cities of Moscow and St. Petersburg - 15,000 rubles;
- in other cities and regional centers - 3,600 rubles;
- in other localities - 2,700 rubles.
If a serviceman’s family has three or more family members living with him, then this the amount of compensation increases by 50 percent .
It is noteworthy that the size compensation payments and is the most controversial. After all, often a serviceman does not live in the locality where the military unit is directly located, but in the nearest convenient city near the garrison. In this case, the implementation housing law A serviceman's request for affordable housing is considered completely justified and legal if he lives at some distance from the location of his military unit or in another garrison. But only if the initiative to select a nearby settlement for the serviceman and his family members to live in official housing will belong directly to the command of the unit. But the question of the legality of the serviceman himself choosing a convenient, in his opinion, nearby settlement where he can rent housing is debatable.
It all depends on the ambiguous interpretation of the norms of cash payments. After all, the command of the unit does not want to be accused of excessive spending Money and most often refuses to increase the amount of compensation , if the serviceman lives in a populated area different from where his military unit is located. However, the opinion of the Russian Ministry of Defense in in this case is on the side of the military.
Thus, in a telegram dated March 29, 2010, with outgoing No. 180/2/5/553, signed by V. Chistova, Deputy Ministry of Defense of the Russian Federation for financial and economic work, it is said:
“..Based on the fact that the current legislation does not provide for territorial restrictions on the rental (sublease) of residential premises, military personnel have the right to rent (sublease) residential premises outside the city (settlement) in which they are serving in military service. Thus, in cases where military personnel rent (sublease) residential premises outside the city (settlement) , in which they perform military service, payment of monetary compensation should be made on the basis of the submitted rental (sublease) agreement for residential premises, that is, the actual address of the rented residential premises.”
Similar legal position on this issue is the main thing legal management Ministry of Defense of the Russian Federation. Therefore, the command military units there is everything legal basis pay military personnel monetary compensation for sub-renting housing in the locality that they themselves chose to live, based on the maximum amount of cash payments at its location.
Thus, we can say that in order to receive cash payments for renting housing, military personnel simply need to obtain a decision housing commission at the unit, submit a report addressed to the commander and choose a convenient place of residence. All controversial issues on this matter and cases of violation legal rights can be resolved by contacting military prosecutor's office or court.
In order to implement in the Armed Forces of the Russian Federation the Decree of the Government of the Russian Federation of December 31, 2004 No. 909 “On the procedure for paying monetary compensation for the rental (sublease) of residential premises to military personnel - citizens of the Russian Federation serving under a contract, citizens of the Russian Federation, dismissed from military service, and members of their families" (Collected Legislation of the Russian Federation, 2005, No. 2, Art. 165; 2008, No. 36, Art. 4125; 2014, No. 37, Art. 4964; 2015, No. 39, Art. 5407 ) I order:
Approve the Instruction on the organization in the Armed Forces of the Russian Federation of payment of monetary compensation for the rental (sublease) of residential premises (to this order).
To the commander (chief)______________________________
(name of military unit
(organization), military rank
(if available), initials and surname
commander (chief)
(military rank, full name, personal number,
size of the family, including military personnel)
Start date of hiring (subhiring):____
Date of arrival of the serviceman and his family members at the place of duty
(registration at place of residence or stay): _______________________
_____________________________________
Date included in the list for the provision of residential premises
specialized housing stock:_____________________________________________
Residential premises at the place of military service or in
nearby settlements I _______________________ (offered/
were not offered).
changes in family composition;
residential premises;
receiving a message about the proposed residential premises;
provision of residential premises in specialized housing stock
at the place of military service or in a nearby locality;
provision of residential premises under a social tenancy agreement or
free of charge;
certificates;
premises at the place of military service or in a nearby
locality on other grounds in accordance with federal
laws and
monetary compensation.
_______________________________________
(position of a military man)
______________________________________
(military rank, full name
military man)
(military rank, full name of the serviceman)
I confirm the accuracy of the information presented in this report and
attached documents. I have been warned that I will be held accountable
in accordance with the legislation of the Russian Federation in case of detection
in the information provided by me and documents attached to the report,
data that does not correspond to reality and served as the basis for
payment of monetary compensation to me for renting (subletting) residential premises.
The following documents are attached to the report:
(signature, full name
military man)
"_____"_________________20___
Appendix No. 2
to Instructions ()
_____________________________
(name of body
Financial and economic body________________________________________________
(Name)
sends a list of military personnel (family members of the deceased)
military personnel) who represented in __________________________________________
D. reports (applications) on payment of monetary compensation for hiring
(sublease) of residential premises, as well as those who reported the occurrence
circumstances affecting the payment of monetary compensation for
providing information on their inclusion in the lists for the provision of housing
premises of specialized housing stock and provision of residential
premises:
Head of Financial and Economic
organ ________________________________
(signature, full name)
Appendix No. 3
to Instructions ()
(name of financial and economic body)
As requested
From ________________________________________
(name of financial and economic body) (date, reference number)
sends information on the inclusion of military personnel (family members of deceased (deceased) military personnel) in
list for the provision of residential premises of specialized housing stock and provision
military personnel (family members of fallen (deceased) military personnel) residential premises as of
__________________________________________________
(date of document preparation)
| No. | Personal number | Full Name | Number of family members (including military personnel) indicated in the report to military personnel | Military unit | Dislocation of the military unit | Date of inclusion of the serviceman and family members on the list | Number of family members (including military personnel) included in the list | Information about the provision of residential premises |
|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
Boss____________________________________________
(name of housing authority)
______________________________________________
STATEMENT
Please provide me with _____________________________________________
(Full name, personal number,
________________________________________________________________________,
size of the family, including a citizen discharged from military service)
monetary compensation for renting (subletting) residential premises located
by the address:_______________________________________________________________
Name of the locality in which the hiring takes place
(sublease) of residential premises:_______________________________________________
Actual payment for residential premises (rubles per month):______
Date of inclusion in the register of military personnel - citizens of the Russian Federation
Federations performing military service under contract in the Armed Forces
of the Russian Federation, registered as needing housing
premises:______________________________________________________________
I undertake to notify of the change within five working days
information provided, as well as about termination of the right to
receiving monetary compensation or the right to receive it at increased
sizes, including in cases:
changes in family composition;
receiving by family members passing through public service V
organs state power, monetary compensation for rent (sublease)
residential premises;
property is free;
transfer of subsidies for the purchase or construction of residential
deposits into my bank account, including for public housing
certificates;
receipt or acquisition by me and (or) members of my family of residential
other regulatory legal acts Russian Federation;
occurrence of other circumstances affecting the payment of monetary
compensation or its payment in modified amounts.
I and my family members agree to the processing and use
authorized body of the Ministry of Defense of the Russian Federation
submitted personal data for the purpose of making decisions on payment
monetary compensation.
____________________________
(signature of the citizen,
discharged from military service)
___________________________________
(Full name of the citizen,
discharged from military service)
I,_________________________________________________________________,
(Full name of a citizen discharged from military service)
premises.
____________________________
(signature of the citizen,
discharged from military service)
___________________________________
(Full name of the citizen,
discharged from military service)
"_____"_____________________20___
Appendix No. 5
to Instructions ()
To the Military Commissar__________________________________________
(name of the military commissariat,
military rank (if available),
initials and surname of the military commissar)
Statement
Please provide me with _____________________________________________
(Full name of the family member of the deceased (deceased)
________________________________________________________________________,
citizen discharged from military service, family size
monetary compensation for renting (subletting) residential premises located
by the address:_______________________________________________________________
Last name, first name, patronymic, personal number of the deceased citizen,
discharged from military service:_____________________________________________
Date of death: ________________________________________________
Start date of rental (sub-tenancy) of residential premises: _______________________
Name of the locality in which the hiring takes place
(sublease) of residential premises:_______________________________________________
Actual payment for residential premises (rubles per month):______
Date of inclusion of the deceased (deceased) citizen discharged from the military
service, in the register of military personnel - citizens of the Russian Federation,
undergoing military service under contract in the Armed Forces of the Russian Federation
Federations registered as needing residential premises: ____________
I undertake to notify of the change within five working days
information provided, as well as about termination of the right to
receiving monetary compensation or the right to receive it at increased
sizes, including in cases:
changes in family composition;
receipt by family members serving in public service in
government bodies, monetary compensation for hiring (subhiring)
residential premises;
provision of residential premises in a specialized housing stock;
provision of residential premises under a social tenancy agreement or
property is free;
transfer of subsidies for the purchase or construction of residential
deposits into my bank account, including for public housing
certificates;
receipt or acquisition by me and (or) members of my family of residential
premises on other grounds in accordance with federal laws and
other regulatory legal acts of the Russian Federation;
occurrence of other circumstances affecting the payment of monetary
compensation or its payment in modified amounts.
I and my family members agree to the processing and use
authorized body of the Ministry of Defense of the Russian Federation
submitted personal data for the purpose of making decisions on payment
monetary compensation.
_________________________________________
(deceased) citizen,
discharged from military service)
____________________________________
(Full name of a family member of the deceased
(deceased) citizen,
discharged from military service)
I,_________________________________________________________________,
(Full name of a family member of a deceased (deceased) citizen, dismissed
from military service)
I confirm the accuracy of the information presented in this application
and attached documents. I have been warned of prosecution
in accordance with the legislation of the Russian Federation in case
identified in the information provided by me and documents attached to
statement, data that does not correspond to reality and served
basis for paying me monetary compensation for renting (subletting) residential
premises.
The following documents are attached to the application:
_________________________________________
(signature of a family member of the deceased
(deceased) citizen,
discharged from military service)
____________________________________
(Full name of a family member of the deceased
(deceased) citizen,
discharged from military service)
"____"______________20____
Document overview
Instructions have been approved on the organization in the Armed Forces of the Russian Federation of payment of monetary compensation for the rental (sublease) of residential premises.
We are talking about military personnel undergoing military service under a contract, and members of their families, as well as family members of fallen (deceased) military personnel who are not provided with residential premises suitable for permanent or temporary residence at the place of military service and are included in the lists for the provision of specialized residential premises housing stock.
Cash compensation is paid monthly in the absence of residential premises that can be provided through financial and economic authorities serving military units, based on the order of the commander of the military unit (head of the organization). The order specifies the amount of monthly monetary compensation and the period for which the monetary compensation is established.
The payment period is set for a calendar year, but not longer than the period of rental (sublease) of residential premises specified in the contract.
The decision to pay monetary compensation is made on the basis of a report (a sample is provided). The attached documents are listed.
The issues regarding termination of payments have been resolved.
Payment of monetary compensation to citizens discharged from military service and members of their families, as well as family members of deceased (deceased) citizens discharged from military service, is carried out through the military commissariats of the constituent entities of the Federation on the basis of decisions of military commissars. The specifics of organizing this payment are fixed.
The state ensures that its defenders and their families are provided with housing. Mortgage and subsidy programs are being developed, and appropriate funds are being transferred to officers’ savings accounts.
However, until the time they manage to get their own apartment, military personnel also need somewhere to live. As a rule, you have to rent an apartment or house, which leads to additional expenses. The state partially compensates for these funds through subletting.
Let's look at how sublease registration is carried out in 2020.
General concept of subhiring
Conditions for renting apartments in 2020
As already mentioned, in 2016 the legislator made changes to regulations. They touched upon some points regarding subletting of housing.
So, now all military personnel provided with compensation of the type in question are divided into the following groups:
- currently serving under contract;
- transferred to the reserve.
Each has its own rights to budget financing. However, these people are obliged to provide reliable information about the property of family members.
After all, compensation is not awarded if:
- someone from the family owns suitable premises at the place of service;
- the officer did not state the need for government support.
The specified conditions are mandatory. For example, if an officer’s wife inherited a house next to the unit, then it is not entitled to budget funding.
Those laid off can also receive compensation for subhiring. But these officers must prove that they were registered as needing housing before 2005.
The basis for this is the order of the head of the unit. Without it, the accounting department will not allocate money.
Calculation formula
- norm total area residential premises;
- place of military service;
- maximum cost of hiring (subhiring) 1 sq. meter of total living area (determined once a year by the Ministry of Labor and social protection RF).
Determination of the social norm of area
This indicator is determined by the government. It does not change and depends on the composition of the military family.
- one person is entitled to housing of 24 square meters;
- family of two people - 36 sq. m;
- if a couple has one child (three in total), they are entitled to 43 sq. m;
- if there are two children in a family, the number of family members is four, they can count on a living space of 48 sq.m.;
- when the family size increases from five people, each person is entitled to 12 sq. m (for comparison, civilians this figure is 18 square meters. m).
The amount of monetary compensation increases by 50 percent under the following conditions:
- 3 or more family members live together with a soldier or a citizen discharged from military service;
- The family of a serviceman who served under a contract, who died (died) during military service, or a citizen who was discharged from military service, was registered as needing housing and died (died) after being discharged from military service, consists of 4 and more people.
Limit cost of renting 1 sq.m. housing
This indicator depends on the situation in the housing market. It is approved by Order of the Ministry of Labor and Social Protection of the Russian Federation.
For example, in 2020 the maximum cost of renting 1 sq.m. The total living area is:
- in Moscow - 783.45 rubles;
- in Crimea - 464.59 rubles;
- in the Republic of Adygea - 232.83 rubles.
Calculation example
Let's say a serviceman with a wife and two children was transferred to a military unit located in the Republic of Crimea.
According to the law, they are entitled (in 2020) to the following compensation:
- Area standard: 4 people x 12 sq. m = 48 sq. m.
- Maximum amount: 48 sq. m x 464.59 rub. = 22,300.32 rub.
How to receive payment
The military man is obliged to contact his superiors with a report that he needs budget support for sublet housing.
At the same time, he is given the right to independently find a suitable apartment.
It must meet the following conditions:
- The area conforms to social norms. Otherwise, you will have to pay the difference yourself.
- It is located in a settlement not very far from the part. The address is consistent with the management. There are no official restrictions on location, but in practice they try to choose housing that is closer.
List of documents
The officer should take the following steps:
- Find housing.
- Contact your superiors with a report on the conclusion of the sublease agreement.
- Receive the appropriate order.
- Collect a package of documents that includes:
- sublease agreement indicating the exact area and amount of rent;
- certificate of family composition (issued in part);
- an extract from the order on admission to the staff;
- copies of personal documents of the entire family:
- passports;
- birth certificates of children under 14 years of age.
- Write a report on the allocation of money to pay for housing, in which you indicate:
- date with the exact time of arrival for service in the region;
- address of the residential premises;
- monthly payment amount;
- the fact of concluding a sublease agreement.
- Pass everything on to the manager.
Receiving funds
When the report is approved by management and a special commission, an order will be issued. Based on this document, a special account will be opened for the officer, to which funds will be transferred monthly to pay the rent.
The numbers of such accounts are stored in a special body that monitors the spending of budget money and its intended use.
It is not prohibited to enter into a sublease agreement with relatives. This operation is carried out on a general basis.
Using the online calculator posted on our website, you can calculate the amount of monetary compensation that you are entitled to for renting/subletting housing. It is designed in a multimedia format and includes a number of explanations and interactive tips that explain the procedure for calculating compensation.
According to the new rules, maximum size monetary compensation due to midshipmen, officers and warrant officers is calculated according to the formula used in cases of calculating compensation for federal civil servants who arrived in another subject of the Russian Federation for a new place of work.
The amount of compensation for rented or sublet housing depends on such indicators as the highest cost per square meter in a given Russian region, how many people a soldier’s family consists of and the standard for the total area of housing. The standard for a single living military personnel is 24 sq.m., for a family of two people - 36 sq.m., and for a family of three people - 43 sq.m. If a family consists of four or more people, the standard for each person will be 12 sq.m.
For example, the largest amount of compensation for the family of a midshipman, officer, warrant officer, consisting of three people renting housing in Moscow, is 36,400 rubles, in St. Petersburg - 25,600 rubles, in the Arkhangelsk region - 18,900 rubles, and in the Khabarovsk Territory – 28,900 rubles.
The initiative to amend the legislation regulating the payment of compensation belongs to the Housing Department of the Russian Ministry of Defense. Their development was carried out in the process of fulfilling Sergei Shoigu’s instructions to resolve the issue of providing official housing and increasing the level of social security for military personnel.
Payments of monetary compensation for renting/subletting housing are regulated Federal law dated 27.05.98 No. 76-FZ “On the status of military personnel”, Decree of the Government of Russia No. 909 dated 31.12.04 “On the procedure for paying monetary compensation for the rental (sublease) of residential premises to military personnel - citizens of the Russian Federation, performing military service under a contract, citizens of the Russian Federation, discharged from military service, and members of their families" and Instruction dated September 30, 2010 No. 1280 "On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and official residential premises."