How the Russian Ministry of Emergency Situations resolves the housing issue. Payments to the Ministry of Emergency Situations

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provision of ERU to employees of the Ministry of Emergency Situations

Hello,

Our family of 4 people was put on a waiting list to receive a single social payment (USB) for the purchase of housing in accordance with Federal Law 283 (my husband worked as the head of a special fire department). In December 2014, the husband retired, having worked in the Ministry of Emergency Situations for more than 20 years.

In February 2015, the husband died in an accident.

I contacted the housing commission with a request to clarify the status of family members of a deceased former employee of the Ministry of Emergency Situations for the purchase of unified social contributions. I received an extract from the minutes of the meeting of the housing commission, according to which my husband was removed from the queue to receive ESV on the basis of clause 15 of the Rules for the provision of ESV..., approved. Decree of the Government of the Russian Federation dated April 24, 2013 No. 369. There was no mention of family members in this extract at all. I contacted the resident several times. commission so that they make changes to the minutes of the meeting of the housing commission, determining the status of family members of a former employee of the Ministry of Emergency Situations. But my requests were once again sent the same extract from the protocol without changes. The accompanying letter in this extract indicated that the entire family was removed from the queue with reference to the same paragraph 15 of the Rules. Although in this regulatory act, or in any other document, there is not a word about family members in my situation.

Tell me what should I do in this situation? , I believe, I have not yet missed, since the rights of family members have not been violated by the extract from the minutes of the commission meeting, we are not there at all.

Maybe I should go to court with a claim to compel me to make changes to the minutes of the meeting of the housing commission with instructions to determine the right of family members to receive unified social contributions? And then appeal this extract, since the covering letter is not an act subject to appeal?

Thank you in advance.

Lawyers' answers

Marina Nikolaevna(04/07/2017 at 10:19:23)

Clause 15 of the Government of the Russian Federation of April 24, 2013 N 369 “On the provision of a one-time social payment for the purchase or construction of residential premises to employees of institutions and bodies of the penal system, the federal fire service of the State Fire Service, drug control agencies and psychotropic substances and customs authorities of the Russian Federation." An employee is deregistered to receive a one-time social payment: a) upon a personal application submitted in writing to the commission; b) in the case of which the grounds for receiving a one-time social payment are lost, or the actions specified in Part 8 of Article 4 of the Law are performed with the intention of receiving a one-time social payment in a larger amount; c) when providing a one-time social payment in the manner established by these Rules; d) if information is revealed that does not correspond to the information specified in the application and submitted documents, which served as the basis for registering the employee to receive a one-time social payment (if such information indicates that the employee does not have the right to register for such registration); e) in case of dismissal from service in institutions and bodies (except for the cases provided for in paragraphs 10 and 14 of these Rules); f) in the event of the death (destruction) of an employee or recognition by the court as missing or dead (deceased) (except for the cases provided for in paragraph 26 of these Rules). Clause 26. In the event of the death of an employee due to injury or other damage to health received in connection with the performance of official duties, or an illness received during the period of service in institutions and bodies, a one-time social payment is provided in equal parts to those who applied for it. members of his family living together with the deceased employee no later than 1 year from the date of death of the employee in the manner and under the conditions established by these Rules for employees. The total area of living space taken into account for the calculation of a one-time social payment, subject in this case to be divided between family members of the deceased employee, is determined based on the conditions and number of family members living together with the employee, including the deceased employee, on the day preceding the day of death of the employee. Unfortunately, the cause of death of your spouse does not fall under paragraph. 26 of the above Resolution. Therefore, deregistering your spouse to receive a one-time social payment is legal.

Sigulya Anna Valentinovna(04/07/2017 at 10:21:15)

Good afternoon. You have the right to assert your rights in court. You need to refer to Art. 26 Government Decree of April 24, 2013. No. 369. In the event of the death of an employee as a result of injury or other damage to health received in connection with the performance of official duties, or an illness received during the period of service in institutions and bodies, a one-time social payment is provided in equal parts to those who applied for it and who lived together with deceased employee to his family members no later than 1 year from the date of death of the employee. An employee of the Ministry of Emergency Situations is considered to be performing official duties if he takes actions to prevent and suppress crime, provide assistance to persons in a helpless state or a condition dangerous to their life and health, and other actions in the interests of society and the state.

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Oleg Eduardovich(04/07/2017 at 10:24:21)

Good afternoon.

Of course, you need to go to court, you need to fight for your rights. There is simply no other way to get it in your case.

Anatoly K.(04/07/2017 at 10:24:49)

Hello, in such cases it will be incredibly difficult to prove the illegality of removal from the queue, but there is a chance. Here you will definitely need the help of a knowledgeable legal practitioner; you yourself may not know some nuance or you may be misled by someone as to why you were removed from the queue. You need to go to court from the moment you receive notice of removal from the queue. Don’t miss the deadline indicating that you have been removed from the housing queue. You will definitely have to go to court, but that’s not a big deal. Since in most cases the reasons for removal from the housing queue are far-fetched, the court recognizes orders for removal from the housing queue as illegal. If the court recognizes the order for removal from the housing register as illegal, then with the result received having entered into legal force, you need to come to that authority , who issued this illegal order and restore the queue for the single social allowance for the purchase of housing.

Alexey Vladimirovich(04/07/2017 at 11:21:34)

Hello,

Unfortunately, many government agencies are now pursuing “cost optimization policies” in a similar way. But you should not put up with the arbitrariness of the authorities. You need to appeal the refusal and removal from the queue through the court. You can also additionally submit a written application for an explanation from the management of the fire department of the grounds for removal from the queue.

This should be done as quickly as possible. In addition, you can file a petition in court to request materials and protocols from the commission to remove you from the queue. It will certainly be possible to establish that the grounds for refusal are far-fetched. If such facts are established, the commission's decision will be canceled, and your family will be reinstated in the queue.

If you need help in drawing up documents on this issue, you can contact me here on the website or by email [email protected].

Ivan Alexandrovich(04/07/2017 at 12:38:29)

Good afternoon

In accordance with clause 14 of the Rules dated April 24, 2013 No. 20, the right to receive a one-time social payment is reserved for citizens of the Russian Federation registered to receive a one-time social payment as employees and dismissed from service in institutions and bodies with, taking into account their retention the right specified in paragraph 19 of these Rules, which they had on the day of dismissal. Clause 15 of the Rules refers to employees serving in the relevant government body; an employee who has retired due to length of service is not such; by virtue of the law, payments must be made to family members of the pensioner (former employee) in the event of his death. In our opinion, the decision to deregister is illegal, since it does not allow the family members of the (former employee) pensioner to exercise the right to receive social benefits from the state for the purchase of residential premises, and the (former employee) pensioner, in any case, is not a person performing official duties and, accordingly, the requirement regulated in paragraphs applies to him. "e" clause 15 of the Rules is unacceptable and contrary to the law. You had to appeal the decision to remove from the queue within 3 months in accordance with Article 219 in accordance with the CAS RF procedure. Now you have the right to try through the court to restore the deadlines for appeal if there are good reasons for missing it. I would be grateful for your feedback [email protected]

Degtyareva A.G.(04/07/2017 at 12:50:11)

Good afternoon Your situation is not hopeless, so you need to properly build the protection of your rights in accordance with:
- According to Art. 18 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive powers, local self-government and are ensured by justice.
- By virtue of Part 1 of Art. 9 of the Civil Code of the Russian Federation, citizens at their own discretion exercise their civil rights.
At the same time, it is necessary to familiarize yourself with the structure of the Ministry of Emergency Situations of Russia on issues of housing provision for employees of this ministry and members of their families, and on providing them with benefits.

In relation to the essence of your question, I will explain the following:
1) Social guarantees of the state for employees of the Ministry of Emergency Situations are enshrined in Federal Law No. 283 of December 30, 2012. However, in addition to this law, the provision of living space to employees of paramilitary organizations that provide for military service can be carried out on the basis of the Federal Law “On the Status of Military Personnel.”
The Russian Ministry of Emergency Situations also belongs to such organizations. This means that its employees performing military service are subject to the provisions of both laws, which makes it possible to significantly expand opportunities from the state.

Family members of military personnel who served in military service and died (died) after dismissal from military service upon reaching the age limit for military service, health conditions or in connection with organizational and staffing events, the total duration of military service of which is 20 years or more, are preserved the right to receive housing.

2) Social guarantees of the state for employees of the Ministry of Emergency Situations and members of their families are also fixed:
- Order of the Ministry of Emergency Situations of Russia dated January 12, 2012 N 5 (as amended on May 16, 2016) “On approval of the Procedure for recording in the system of the Ministry of Emergency Situations of Russia employees of the federal fire service of the State Fire Service in need of living quarters, and providing them with living quarters”

In Order of the Ministry of Emergency Situations of Russia dated January 14, 2015 No. 6 “On approval of the Procedure for the formation and work in the Ministry of Emergency Situations of Russia of commissions to consider issues of providing employees of the federal fire service with the State fire service and, in cases established by the legislation of the Russian Federation, members of their families and citizens of the Russian Federation , dismissed from service from the federal fire service of the State Fire Service, a one-time social payment for the purchase or construction of residential premises"

By Order of the Ministry of Emergency Situations of Russia dated May 16, 2016 N 262 “On the organization in the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief of Events for the registration of military personnel - citizens of the Russian Federation, serving under contract in the rescue military formations of the Ministry of Emergency Situations of Russia, in need in residential premises, and providing them with residential premises (social benefits)" (together with the "Procedure for registering military personnel - citizens of the Russian Federation, serving under contract in rescue military units of the Ministry of Emergency Situations of Russia, who need residential premises, and providing them with residential premises (social payments)") (Registered with the Ministry of Justice of Russia on July 11, 2016 N 42796)

Instructions for registration of persons in need of residential premises and the provision of residential premises in the system of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief, approved by the Order of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief dated 11 April 2012 N 228

At the same time, I ask you to pay attention to the Decree of the Government of the Russian Federation dated August 2, 2005 N 475 (as amended on December 29, 2016) “On providing members of the families of deceased (deceased) military personnel and employees of certain federal executive authorities with compensation payments in connection with the costs of paying for living quarters , utilities and other types of services - may be useful in the future.

All the best! I would be grateful for your feedback on the answer. Sincerely, [email protected]

A statement of claim may be filed in court within three months from the day when a citizen, organization, or other person became aware of a violation of their rights, freedoms and legitimate interests. The answer was given to you on May 26, 2016(!). And the minutes of the LC meeting are dated even earlier. You missed the deadline for , although you believe that the deadline has not yet been missed, since the rights of family members have not been violated by the extract from the minutes of the commission meeting; we are not there at all. In court you will be asked a question, then why are you going to appeal the refusal if your rights are not violated? Repeat your appeal to Mr. Tarakanov V.V. and wait for a response. He will give you another one with a modern date, but in court he will file a petition stating that in May 2016 you already knew about the deregistration of your husband and the three-month period has passed. But the term can be restored if there are good reasons for this, although a lot of time has passed. The second and main problem is that, according to clause 15 of the Rules, an employee is deregistered in order to receive a one-time social payment:

f) in the event of the death (destruction) of an employee or recognition by the court as missing or deceased (deceased) ( except for the cases provided for in paragraph 26 of these Rules).

Clause 26 of the Rules states that in the event of death of an employee due to injury or other damage to health, received in connection with the performance of official duties, or a disease acquired during service in institutions and bodies, a one-time social payment is provided in equal parts to those who applied for it and his family members who lived together with the deceased employee no later than 1 year from the date of death of the employee in the manner and under the conditions established by these Rules for employees.

Your husband, unfortunately, died in an accident and, as Mr. V.V. Tarakanov writes, "His death was not related to the performance of official duties." Try in order, but, unfortunately, you will be rejected for reasons of missing a three-month period, if not reinstated, and the death of your husband, not related to the performance of official duties.

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For many citizens of our country, the issue of purchasing housing or expanding the existing one is quite acute. Unfortunately, government employees and public sector employees are often not paid enough to easily make a much-needed purchase. And here a preferential mortgage, which is available to different categories of citizens, including employees in the Ministry of Emergency Situations, can come to the rescue.

Basic conditions

Mortgages for employees of the Ministry of Emergency Situations will be similar in terms to mortgages for military personnel. We remind you that the main condition for participation in the social program is the fact that the borrower participates in the NIS - the savings mortgage system.

Participation in the NIS is voluntary; for this, an employee of the Ministry of Emergency Situations must write a report on joining. From the moment the report is registered and a registration number is assigned to it, funds will be transferred to the owner’s account monthly in the manner and amount determined by the Government of the Russian Federation.

The project involves the opening of personal accounts for employees of special military units (SVF). The state will transfer a monthly amount of funds to these accounts, which is determined by the relevant resolution.

Participants in the savings system will be able to use these accruals when obtaining a mortgage only after 3 years of service. Thus, you can take out a loan from the age of 21, not earlier, and you need to close the contract no later than at the age of 45. Typically, these funds are used to pay off the down payment on the mortgage, as well as to pay the principal on the home loan.

The housing loan for employees of this department has several differences from the military program.

registration of a purchase and sale agreement takes 1 week, as opposed to 4 weeks for military personnel;
Comprehensive life and health insurance of the borrower is mandatory for employees.

Procedure for obtaining a loan:

First, you need to write a report about your desire to participate in the NIS program and submit it to your superiors. The report is assigned an individual registration number.
After this, you need to find suitable housing, usually no more than 2.2 million rubles;
Choose a banking organization that works with military mortgages for the Ministry of Emergency Situations. Most often they choose Sberbank, VTB 24 or Gazprombank.
Then enter into preliminary agreements with the property seller and the chosen credit institution.
You need to evaluate the property you have chosen and conclude a comprehensive insurance agreement.
Collect a package of documents and submit it to the Ministry, which will pay the loan amount to the bank
The final stage is the execution of the purchase and sale transaction and registration of ownership of the property.

Emergency Situations Ministry employees have several more options for improving living conditions:

Get housing for social rent with the subsequent possibility of privatization and registration of ownership of the apartment. This opportunity is available only to those who were registered as needing improved living conditions before March 2005;
Receive ownership of housing by order of the Ministry of Emergency Situations if you have at least 10 years of work experience.
Receiving a subsidy (USB), calculated based on the number of family members. Available on a first-come, first-served basis, you must have at least 10 years of experience.

To register housing for social rent or receive a cash subsidy, one of the following conditions must be met:

no own home;
living in an apartment less than 15 square meters. meters per person;
there are 2 or more children in the family and they live in a one-room apartment;
accommodation in a dormitory or communal apartment.

Thus, the mortgage for the Ministry of Emergency Situations in 2019 will remain valid on the same terms as before. You can get additional information on the official website of Military Mortgage rosvoenipoteka.ru and in Federal Law No. 117.

MOSCOW, June 10. /TASS/. About 1 billion rubles will be allocated this year to provide housing for employees of the Russian Ministry of Emergency Situations. As the press service told TASS, the corresponding order was signed by the head of the department, Vladimir Puchkov.

“In accordance with the order “On additional measures to increase social security, ensure comfortable working conditions and service for the personnel of the Ministry of Emergency Situations of Russia” in 2017, additional limits of budget obligations in the amount of 1 billion 70 million rubles will be allocated to finance the housing provision of the Ministry of Emergency Situations of Russia. This is unprecedented amount in recent years,” the agency’s interlocutor said.

He explained that improving housing conditions is carried out in several ways, including through the issuance of subsidies and one-time social payments. “Military personnel of the rescue military units of the Ministry of Emergency Situations of Russia will be allocated 290 million rubles in the form of a subsidy for the purchase or construction of residential premises, which is 3.3 times more than in 2016. Employees of the federal fire service of the State Fire Service will be provided with one-time social payments for the purchase of housing it is planned to allocate a total of 717.5 million rubles. This is almost five times more than in 2016,” the Ministry of Emergency Situations clarified.

The ministry emphasized that the head of the department, Vladimir Puchkov, demanded that the heads of the Main Directorates of the Ministry of Emergency Situations in the constituent entities of the Russian Federation communicate all decisions on improving housing conditions to the personnel, and make this work open, transparent and understandable. “According to the order of the head of the Ministry of Emergency Situations, all information about the work of territorial housing subcommittees, as well as lists of personnel in need of improved housing conditions, will be posted on the websites of the regional headquarters of the Ministry of Emergency Situations,” noted the representative of the Ministry of Emergency Situations.

In addition, Puchkov introduced a complete ban on reducing the number of combat units responding to emergencies, fires and incidents.

“With his order “On additional measures to increase social security, ensure comfortable working conditions and service for the personnel of the Ministry of Emergency Situations of Russia,” the minister prohibited the heads of the Main Directorates of the Ministry of Emergency Situations of Russia for the constituent entities of the Russian Federation from reducing the personnel of the responding units of the federal fire service, regional search and rescue teams, and military rescue formations of the Ministry of Emergency Situations of Russia, paramilitary mine rescue units, and the State Inspectorate for Small Vessels,” the representative of the department emphasized.

Moreover, he added, the head of the Ministry of Emergency Situations demanded that these units be supplemented with personnel and that special attention be paid to the social protection of employees of the Ministry of Emergency Situations units, primarily those who, risking their lives, fulfill their duty to protect the population from dangers and threats and provide assistance to the victims. “The heads of the regional headquarters of the Ministry of Emergency Situations have been tasked with taking measures to strengthen the social protection of employees and employees of the federal fire service, and continue working to facilitate the admission of children of Emergency Situations Ministry employees to preschool and general education institutions,” the agency’s interlocutor said.

By order of the minister, employees of the Ministry of Emergency Situations who took part in eliminating the consequences of emergency situations this year will be provided with sanatorium-resort treatment, as well as veterans of the Ministry of Emergency Situations, as well as relatives and children of deceased rescuers and firefighters. “The leadership of the ministry will continue to provide financial assistance to large families. Emergency Situations Ministry employees with four or more children will receive 100 thousand rubles,” the ministry concluded.

Social guarantees of the state for employees of the Ministry of Emergency Situations are enshrined in Federal Law No. 283 of December 30, 2012. However, in addition to this law, the provision of living space to employees of paramilitary organizations that provide for military service can be carried out on the basis of the Federal Law “On the Status of Military Personnel.”

The Russian Ministry of Emergency Situations also belongs to such organizations. This means that its employees performing military service are subject to the provisions of both laws, which makes it possible to significantly expand.

Housing options

For employees with special ranks and serving in institutions and bodies of the Federal Border Guard Service, the following applies:

, - carried out on the basis of Government Decree No. 217 dated March 16, 2013. The apartment is provided taking into account the family members of the Federal Border Guard Service employee, indicated by him in the report, under the contract, and only for the duration of his service.
The provided service housing is not a basis for excluding a person from the queue to receive an apartment from the state. is concluded only for the duration of the contract. , and upon completion of service is required to be handed over to the state.
According to the social lease agreement, it is carried out with some restrictions. This right can only be exercised by those firefighters who were registered as needing housing before 03/01/2005. This right is also reserved for those dismissed who have the right to receive real estate from the state.
Over time, it will be possible to privatize the apartment and register ownership of it. Privatization is carried out in accordance with the general procedure.
, - by decision of the head of the Ministry of Emergency Situations. Persons with at least 10 years of service have the right to receive real estate ownership. A certain category of persons has the right to receive real estate from the state; in addition, in the event of refusal to provide real estate in kind, they have the right to an unified social contribution.
Housing subsidies are provided in the form of a one-time social payment. At the same time, housing payments are calculated based on the number of family members, and are provided within the allocated budget funds.

Persons have the right to receive ESV only 5 years after they have performed these actions:

alienation, that is, sale or donation of real estate,
moving in persons who are not family members,
real estate exchange,
violation of the terms of the social tenancy agreement, in connection with which he was evicted from the provided housing to an apartment with a smaller area, or without the provision of other real estate at all.
allocation of shares to other owners.

But taking into account the peculiarities of professional activity for a certain category of persons, in order to increase their motivation for more effective performance of their duties, the unified social allowance is provided outside of budgetary allocations, and the fact of the deliberate deterioration of housing conditions is not taken into account.

For military personnel of rescue military units of the Ministry of Emergency Situations(excluding civilian personnel):

, is provided on the same basis as for military personnel. Provided to NIS participants who have been on the register for at least 3 years. Order of the Ministry of Emergency Situations on housing No. 535 dated September 14, 2009 contains a detailed list of persons entitled to participate in the NIS, as well as a sample report on its inclusion in the register.

Who has the right to housing space or ESV

The right to receive ownership of an apartment, a social tenancy agreement, or to receive an unified social contribution belongs to persons who have served at least 10 years, without taking into account preferential length of service, if they:

are not tenants of housing under a social tenancy agreement, as well as owners of other residential premises,
live in dormitories or communal apartments,
are tenants or owners of real estate, but the area of the apartment is less than 15 sq.m. for each family member living with him,
live in apartments that do not meet the requirements for residential premises,
lives in two or more families, in a one-room apartment or an adjacent non-isolated room,
are tenants or owners of real estate, but at the same time have a patient in the family whose form of illness makes it impossible to live together.

In addition, the right to housing for employees of the Federal Border Guard Service is retained if his death was associated with the performance of his official duties, and was also a consequence of injuries or damage he received.

In addition, the right to living space is also retained by retired citizens of the Russian Federation from the ranks of the Federal Border Guard Service, if they were registered as needing housing before their retirement.

A military mortgage for rescue military units of the Ministry of Emergency Situations (former civil defense troops), however, as for other military personnel, is provided without taking into account whether the employee has an apartment or other real estate, either owned or under a social lease agreement.

The only indispensable condition is participation in the NIS for at least 3 years and further continuation of service to the Motherland.

Housing standards and subsidies

For employees of the Ministry of Emergency Situations, the provision of housing in kind or under a social tenancy agreement is carried out taking into account. These standards are:

For a single person – 33 sq.m.
For a married couple – 42 sq.m.
For a family consisting of 3 or more people - 18 sq.m. for everyone.

Persons holding the rank of colonel and above, as well as those to whom these ranks were awarded on the day of their dismissal from service.
Persons with academic titles or degrees, as well as those who received them on the day of dismissal.

If a firefighter has the right to additional square meters on both grounds at once, only one is taken into account.

In addition, taking into account the design features of the apartments, housing for employees of the Ministry of Emergency Situations can be increased to 9 sq.m.

The subsidy for housing in the Ministry of Emergency Situations is calculated based on the same living space standards, but if there are grounds for receiving preferential square meters, not 20, but only 15 sq.m. are taken into account.

Apartments on social rent or single social rent

In order to receive living space for employees of the Ministry of Emergency Situations from the state - under a social lease agreement, in ownership or by applying for a subsidy, they must have at least 10 years of experience, and also be registered as needing housing.

Real estate is provided on a first-come, first-served basis, and privatization is carried out on a general basis. In case of refusal of the provided real estate, the firefighter has the right to receive unified social contribution, which can be used not only to purchase an apartment, but also to participate in its shared construction.

The ERU is provided by issuing a housing certificate, which is valid for 2 months from the date of its signing. The owner of the certificate must submit the certificate to the bank within this period to transfer money to an open bank account.

Using this certificate, you can register not one, but two or more apartments for employees of the Ministry of Emergency Situations, the only condition for this is an agreement with all family members on registration of real estate ownership, and submission to the bank of real estate purchase agreements for several objects at the same time.

In addition, if there is a shortage of funds provided by the state, the ERU can be supplemented from one’s own funds, or used as a down payment when applying for a mortgage loan.

Savings and mortgage system

A military mortgage is issued to military personnel of the Rescue Military Units - SVF EMERCOM only after participating in the NIS for at least 3 years.

Over three years of participation in the NIS, the serviceman collects in his personal account an amount sufficient to repay the initial contribution. In this case, the amounts in the account come from state funds, as well as further payments on the loan.

For, and the date of the report will be the date of its registration, it is from this that the three prescribed years are counted. The right to a life certificate is confirmed by a certificate that is valid for six months.

During this period, it is necessary to select a suitable living space and draw up a banking agreement. The mortgage will give young military personnel the opportunity to purchase the desired apartment after the first 3 years of service.

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Employees of the Ministry of Emergency Situations (Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief) are a preferential category of citizens.

The state at the federal level regulates the provision of benefits, compensation and payments by Federal Law dated December 30, 2012 No. 283-FZ. Including a one-time social payment.

general information

Who pays the unified social contribution

A one-time social payment from the Ministry of Emergency Situations is paid from federal budget funds. Regional funds are not used in this case, therefore there is a single priority for receiving ERUs for the entire territory of the Russian Federation.

All documents can be submitted to commissions specially created for this purpose.

Do you need information on this issue? and our lawyers will contact you shortly.

Collegial commissions

According to the Order of the Ministry of Emergency Situations No. 6, commissions are established for accepting documents from employees of the Ministry of Emergency Situations for registration and queuing for payment. Commissions are created of the following type:

in the main directorate of the Ministry of Emergency Situations (Moscow) for employees of institutions in the city of Moscow and those subordinate to the main department territorially;
in regional centers;
in the main departments of the constituent entities of the Federation;
in educational institutions of higher education of the Ministry;
in the central regional administration.

A citizen who is in the service of a department that is territorially subordinate to the region applies to a commission created in the regional center.

You can find out more details directly at your place of service.

Commissions are created on an ongoing basis while such a social support measure as a one-time social payment is in effect. The composition of the commission is formed so that there are no conflicts of interest between applicants and members of the commission. In this case, the decision is always made reasonably and fairly.

Conditions of receipt

Like any other targeted financial assistance, the ERU has a number of conditions for receipt.

So, the main prerequisite is having work experience in the Ministry of Emergency Situations, which cannot be less than 10 years. The length of service is calculated in calendar form. At the same time, it includes a period of temporary disability associated with parental leave, annual paid leaves, and other periods included in the period of work and paid by the department.

If an employee received a similar payment while an employee of another government department, then the right to receive unified social contributions is lost.

Employees retired due to length of service have the right to register on the same basis as current employees of the Ministry.

Those in need of housing

Another mandatory condition is recognition as needing housing.

Those in need include the following employees of the Ministry of Emergency Situations:

does not own residential premises;
who is not a tenant of residential premises under a social tenancy agreement;
lives in a communal apartment;
lives in a dormitory;
is the owner or tenant under a social lease agreement of a residential premises where each family member has an area of less than 15 square meters;
lives in a residential premises that does not comply with the rules and regulations, regardless of the area of this premises;
lives in a one-room apartment with owners who are not family members;
lives in a non-isolated room in an apartment with other owners who are not family members;
lives in an apartment or house with a seriously ill family member (should be understood as a chronic form of a serious illness), which makes living impossible.

Not only should an Emergencies Ministry employee not own an apartment or house, but also members of his family. They should be understood as the spouse, parents and children. At the same time, a refusal to be placed on a waiting list for an unified social allowance due to the fact that the parents of an EMERCOM employee have property can be challenged in court.

Arbitrage practice

The commission may refuse to register an employee of the Ministry due to the presence of adult children or parents in the property.

As practice shows, such a decision can be challenged in court, since the employee himself is applying for housing, and not his entire family (meaning family, as the concept of the Family Code of the Russian Federation). If parents or adult children live separately from the applicant, the commission does not have the right to make a decision to refuse registration.

According to the norms of the Housing Code Family members of an employee mean only those family members who live with him or her.

Required documents

There is a set list of documents that must be submitted to the commission for subsequent registration. It is regulated by methodological recommendations.

Required documents include:

application in the prescribed form;
the applicant's identity document and its copy;
identification documents of all members of the applicant’s family and copies thereof;
certificates of registration at the place of stay or residence of all family members of the applicant and the applicant himself (copies);
a copy of the applicant's SNILS;
a certified copy of the applicant’s work record from the actual place of work;
a copy of the applicant’s marriage/divorce certificate;
certificates from educational institutions for children aged 18-23 years, provided that they live together with the applicant;
extracts from the Unified State Register of Real Estate for the applicant and all family members;
extracts from house books and financial accounts of the applicant and all members of his family for the last 5 years;
a copy of the document that confirms the applicant’s right to an increased area (presence of a certain rank);
a copy of the social tenancy agreement, if the applicant or members of his family live in a residential area under such an agreement.

All documents are submitted as a single list for consideration by the commission. The Ministry of Emergency Situations employee is obliged to provide copies independently, as well as to promptly provide missing documents at the request of the commission.

If any documents cannot be provided, the applicant is obliged to provide documents confirming the impossibility.

For example, if it is not possible to obtain extracts from house books for the last 5 years, then you need to replace them with a document that indicates that it was not possible to obtain extracts.

Deadlines

The application and documentation are reviewed by the commission within three calendar months from the date of submission by the applicant.

Regardless of what decision was made, the Emergencies Ministry employee is obliged to receive it within a month from the date of making it.

Nuances and subtleties

If the applicants are spouses or family members living together, the application will be accepted from only one family member. And correspondingly, registration is carried out only for one applicant, as well as the lump sum social payment itself.

If the commission makes a decision on registration, the applicant is included in the general queue, entering data into a single database. Receipt of ERUs occurs on a first-come, first-served basis. If a registered Ministry of Emergency Situations employee has 3 or more minor children as dependents, then he is placed out of turn.

That is, he has a priority right to receive payment in comparison with other employees.

Payment amount

Amount of final social payment depends on several factors:

market value per square meter in the selected region;
residential premises standard;
correction factor.

So, standards have been approved and are not subject to change. If the applicant lives alone, is not married, has no children or dependents, then he is entitled to no more than 33 square meters of area. If the applicant’s family consists of two family members, including himself, then the standard increases to 42 square meters. If the family consists of three or more people - 18 square meters for each person.

Cost of one square meter in the region taken into account only on the basis of approved data, which may actually differ from actual market conditions. Therefore, sometimes a one-time social payment does not cover all the costs of purchasing housing, even taking into account correction factors.

Problems of receiving ERU

Despite the fact that the right to receive a lump sum payment is secured at the federal level, in fact there is not enough funding to pay applicants on a timely basis.

Therefore, the queue for ERUs is moving quite slowly.

Minister of Emergency Situations Vladimir Puchkov said that in 2017 the budget for payments will be increased 4 times, but the queue for financial assistance will not increase particularly quickly.

At the end of 2016, a plan was drawn up, according to which all payments should be made within 5-10 years, not earlier. At the same time, priority rights will remain with employees with many children who are registered. According to the Ministry, there are already more than 7 thousand people in the queue, who are temporarily provided with departmental housing from the housing stock of converted and redesigned fire stations.

December 21, 2016, 20:30 March 3, 2019 13:50

How the Russian Ministry of Emergency Situations resolves the housing issue. Payments to the Ministry of Emergency Situations

provision of ERU to employees of the Ministry of Emergency Situations

Housing options