Registration in service housing for military personnel 2021

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My husband has been serving for 9 years. We received an apartment under a rental agreement for office premises (until March 24, 2014). My husband registered, but I and my 2 children didn’t make it in time; he was transferred to another city. Can we register now, and can we be evicted?

Official residential premises are intended for residence by citizens in connection with the nature of their labor relations, or in connection with service, or in connection with appointment to a public position, or in connection with election to elective positions in state authorities or local self-government bodies. In other words, residential premises are provided in these cases for temporary use. Currently, there are more than 15 laws and other regulations that provide for the provision of official housing.

In particular, according to the Federal Law on the Status of Military Personnel, official residential premises are provided for the entire period of military service in closed military camps to military personnel serving under a contract, and members of their families living with them, as well as other military personnel. As family members of a military personnel, you have the right to register and live in service housing. Contact the passport office and they will register you. If you are provided with housing at a new duty station, if you rent out your previous residential premises, you have the right to check out of it and register in a new one.

General provisions on registration of military personnel

Persons undergoing compulsory military service are not free to choose their place of residence and are forced to live at the location of the military unit or the place of performance of official duties. In the same way, military personnel under contract do not have the right to arbitrarily change their place of residence before the expiration of the contract.

It follows from this that during the period of military service they must live somewhere and be registered so as not to violate the provisions of the legislation of the Russian Federation on mandatory registration of citizens.

This issue can be easily resolved directly with a conscript. For the entire period of conscription service, he is registered on the territory of the military unit and, if it is necessary to perform legally significant actions, a registration mark is affixed to his military ID, which replaces a civilian passport for the duration of his service.

The situation is more complicated with the registration of military personnel who have voluntarily chosen military service as their profession and have entered into a fixed-term contract with the Russian Defense Ministry.

By the time the contract is concluded, this category of employees must be registered somewhere. Otherwise, it is impossible to conclude a contract. This may be temporary, official or municipal housing, for which the contract employee did not have ownership rights, but there may also be a share in residential premises owned by personal property rights.

A natural question arises whether a serviceman needs to register at the place of service, because at the end of the contract he can return to his previous place of residence, but during this time the living quarters in which he lived will be transferred to another. It will be impossible to restore the right to it if it is not registered as property.

The answer to this question is contained in the law “On the Status of Military Personnel”.

Part 3 art. 15 of which provides that a contract serviceman or an officer who arrives at a new duty station in another locality cannot be deprived of his constitutional right to register at his place of residence. If accommodation is not provided immediately upon arrival, it must be registered at the location of the military unit. The same right applies to members of his family:

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Why registration is needed

Registration at the place of residence gives rise to a number of civil legal consequences, the main of which for a military serviceman is the acquisition of the right to residential premises, which is provided to him by the Ministry of Defense in the event of a number of adverse consequences:

• Reorganization of the military unit (organizational and staffing measures) which resulted in a reduction in the position of a serviceman;
• Reaching retirement age;
• Disability or illness leading to dismissal from military service;
• Death of a soldier.

In these cases, the serviceman and family members must retain the right to housing. But this is only possible if there is registration at the place of residence.

Registration is of great importance for family members: spouses and children. Without registration, it is impossible to enroll children in kindergarten or school, to receive medical care, or for a military spouse to get a job.

How is the registration issue resolved?

According to current acts:

clause 23 of the “Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and place of residence within the Russian Federation”, approved by Decree of the Government of the Russian Federation of July 17, 1995 No. 713 (as amended on May 21, 2012) “On approval of the rules of Registration and deregistration citizens of the Russian Federation from registration records at the place of stay and place of residence within the Russian Federation and a list of officials responsible for registration.”

Registration of military personnel is carried out on a general basis at the location of the provided residential premises. Family members are also registered there. If immediately after arrival at the place of duty, housing is not provided (within 3 months), then registration is carried out at the location of the military unit. In this case, it is of a notification nature. It indicates the address of the military unit without indicating its number.

Such registration of a serviceman and family members is possible based on a report submitted to the commander of the military unit. Only after receiving a positive decision, a serviceman and his family can submit documents for registration at the military unit address.

The Plenum of the RF Armed Forces clarified that only those military personnel who arrived at a military unit located in another locality can register at a military unit address. If a serviceman provided with housing is transferred from one military unit to another within the same locality, then his registration at the address of the new military unit is not possible. The same applies to his family members.

Popular questions

Around the registration of military personnel, many questions arise related to housing, benefits, rights and responsibilities of those registered.

Common questions:

• Question: can a pensioner, living in service housing (in a closed city), be temporarily discharged in order to receive permanent housing on a first-come, first-served basis? Answer: in order to receive ownership of housing from the state, you will first have to rent out the service apartment where you currently live as a military pensioner.
• Question : if a serviceman is registered in the HF, but lives in a rented apartment, is it possible to send the child to kindergarten at the place of residence, and not registration? Answer: The law on education in the Russian Federation does not provide for requirements regarding the registration of a child when enrolling him in kindergarten. The only condition for admission to a preschool institution is the availability of free places.
• Question: what is an F-3 certificate and who issues it? Answer: this is a document about the size of the living space occupied by a serviceman and his family members registered at a specific address.
• Question: if a serviceman registered in a military unit was dismissed, is it legal that after a year he remains not discharged from there? Answer: after a serviceman is discharged, the command must begin the process of deregistration from the military unit, up to and including a trial.

The procedure for registering military personnel is not complicated. Compliance with legal requirements will allow military personnel not only to avoid penalties, but also to enjoy all the benefits and advantages that permanent registration gives a citizen.

Conflict of law

The legislator has not resolved the issue of registering military personnel entering military service for the first time under a contract. At the time the contract is concluded, the soldier must be registered. Moreover, the military unit in which he will serve may be located in the same locality in which he lived before service.

Based on the meaning of the law, such a serviceman reports to a new duty station. In relation to him, the rule must be implemented to provide him with living quarters (dormitory, service apartment) for 3 months, regardless of whether he had registration in this locality before entering the service.

This expresses the social protection of military personnel established by the law “On the Status of Military Personnel” in terms of the provision of living quarters for the duration of their service.

If the command refuses to satisfy the report on the registration of a newly recruited person at the location (military unit address), then he has the right to appeal such a refusal to the military prosecutor's office or file a claim in court.

Service housing: rights and responsibilities

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The procedure for registering a military personnel

To register at the address of the military unit, in addition to the report addressed to the commander, the serviceman fills out an application on form No. 6.

The application must be accompanied by passports of all family members (wife, parents), birth certificates of children.

The commander may make a negative decision regarding the registration of family members if they are provided with living quarters at the location of the military unit. But in relation to minor children, such a refusal is unacceptable. At the request of a military parent, minor children can be registered at the same address as himself - on the territory of the military unit.

Questions regarding the registration of military personnel arise in cases where, during a transfer to a new duty station, family members remain living in the residential premises previously provided by the Defense Ministry. Or the serviceman himself is provided with living quarters, but applies for official living quarters, deliberately worsening his situation - by deregistering the apartment he owns and applying for a service apartment at his place of service.

Extensive judicial practice has developed to resolve issues related to the registration of military personnel. But each situation is resolved individually and cannot be recommended for use without taking into account the personal circumstances of the refusal to register.

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What documents are needed for temporary registration in 2021: sample application

author Elena Popkova

published
Feb 9, 2019
A person planning to live for a long time outside the place of permanent registration orders temporary registration through the FMS office.

It will be registered within 3 to 7 days. Before visiting the Main Migration Department of the Ministry of Internal Affairs, you need to collect documents for temporary registration in Moscow or any other city.

This must be done by both the applicant and the owner with whom the third party will be temporarily registered.

List of documents required from the applicant

The basic list of documentation includes the following papers:

• Passport. Proof of identification is required to complete other forms and forms. You will also need to make copies of the main pages from it;
• Application in form No.1. A citizen can obtain it from an employee or fill out a pre-downloaded form at home;
• Form No.2, also known as the arrival address sheet. The applicant is given a free form indicating the fact of arrival from one territory to another. In the central cities of the constituent entities of the Russian Federation, 2 copies are required, in other settlements - 3;
• Statistical arrival sheet. It will need to be presented if the approximate period of stay at the new address exceeds one year. For a shorter period of time, this document does not need to be filled out;
• Questionnaire. It is filled out only by foreign citizens, guests of sanatoriums and hotels, etc. Depending on the place of temporary stay, the form may change.

Notification form

The current list for the institution where the applicant will apply is usually located on the organization’s official website.

You can submit it in person, via mail with mandatory certification from a notary, or leave an application on the State Services website and wait for an invitation. All you have to do is come at the appointed time with the original documentation and pick up the registration certificate.

List of documents that will be required from the owner

The owner of the living space is required to provide papers confirming his ownership and consent to register a new resident for a limited period.

• A certificate establishing ownership of housing, or a social tenancy agreement, or an extract from the State Register of Real Estate for housing. When it is possible to make a photocopy of a document, it is better to do so in advance. This will shorten the time of the entire procedure;
• Identification;
• Lease or lease agreement. It confirms the applicant’s right to move into the housing of the host party;
• An application for registration of a third party in your apartment or house, recorded on paper. When there are other residents in the house, they are also provided with completed forms confirming the absence of complaints.

The application can be drawn up in any form, although there may be quibbles on the part of employees of the Ministry of Internal Affairs. It is better to request a sample at the place of submission of documentation.

Even when the application is written at home, the owner of the living space where another citizen will be registered for a limited period is obliged to submit his package of papers with him. Other owners who own shares of the residential premises will also be required to attend in person. The exception is the situation when one of the owners has a notarized power of attorney from the co-owners.

Identification data of employment or rental agreements are indicated in the column of grounds for registration. Originals may not be provided.

All papers used to issue a certificate should be taken to the MFC, HOA, passport office of the Criminal Code or Housing Department. Like the registrant, the owner or tenant of the property registering a third party can use the postal service by sending notarized copies of documentation.

Additional documents for submitting an application by mail

Sending documents by mail to institutions responsible for receiving and transmitting documents to the registration authority requires a preliminary visit to a notary to certify almost all documents. Then, instead of the originals, you can attach copies.

• A copy of the applicant's passport;
• A certified copy of the rental or rental agreement.

When sending a certified application and the rest of the package of papers, the delivery time of the letter by the postal service is added to the time of consideration of the application and registration of registration. However, this can be a good alternative if there is no time or opportunity to personally visit a government agency.

Temporary registration of a child. What documents are needed

A Russian minor will not be able to register at a temporary place of residence on his own. All actions are carried out by his official representative - a parent or guardian. Taking into account these features, a package of papers is determined for transfer to a government agency. The child does not have to be present.

For children under 14 years old

Before receiving a passport, the child is registered with his parents, regardless of the permission or refusal of the owner of the residential premises and other persons living there.

The process goes smoothly if you have:

• An application form filled out on behalf of a minor citizen by his legal representative. The latter enters his passport data in the column of the same name;
• Birth certificate, or an insert from it, or a foreign passport for a foreign child. You can replace it with the child’s international passport, internal identity card or international passport with entered data about the child;
• Certificates of registration of parents, if they also contain information about the minor;
• Passports of the parent or guardian.

For children over 14 years old

After receiving a passport, the child is considered able to live in more than one place with his parents.

When applying for temporary registration, he provides the employee of the government agency with:

• An application that a minor can fill out independently without the participation of adults;
• Passport of a citizen of the Russian Federation. Form No2P, temporary identification, will not work;
• Written consent from parents or guardians for the temporary registration of the offspring. There is no need to certify it. The presence of legal representatives is also not necessary;
• Written consent from the owner of the living space and his residents, as when registering adults.

A package of documents from the property owner is also required.

List of documents depending on the type of housing

The most common option is to register your stay with the owner in purchased or privatized housing. There are fewer chances if the receiving party has a premises with encumbrances or a private house. Separate documents are prepared for them and added to the basic list.

Municipal apartments

Organizations that own such living space independently control the number of square meters per registered resident. Violations of the norm established by law naturally lead to refusal of registration. An exception is made for close relatives of residents. Consent to the procedure is given without calculating the footage norm.

In addition to the main documentation, the person registering the applicant prepares:

• Lease agreement;
• An extract from your personal account;
• Extract from the house register;
• Permission from the landlord.

A private house

To register an applicant in a private house, the owner of the property, in addition to the key package of papers, provides the Main Department of Migration Affairs of the Ministry of Internal Affairs, the MFC or another institution with a house register.

Mortgage apartment

It is permissible to issue a certificate if it is allowed to register third parties on the square meters of living space pledged. The owner has the right to carry out only the actions reflected in the mortgage agreement. It must also be presented to submit an application to a government agency.

The mortgage agreement must indicate permission or prohibition to register unauthorized persons on this living space. Responsible organizations can refuse temporary registration without a clause in the contract, but the result can be appealed in court.

The registration procedure is carried out quickly if all accompanying documentation is collected in full and data is entered into the application forms without errors.

Registration is free and convenient both for the applicant, who is gaining access to government services at a new residence address, and for the owner, for whose living space the temporary tenant will not be able to claim in any case.

Migration lawyer in St. Petersburg, higher education from St. Petersburg State University, traveler. Author of articles on the website MigrantVisa.ru

Source: https://migrantvisa.ru/russia/vremennaya/registracija-dokumenty/

Permanent registration

Contents of the question:

As a general rule, permanent registration is only possible in your own home. You can obtain permanent registration in an apartment other than your own only with the consent of the owner of the property. In other words, if you don’t have your own home yet, it is not necessary to have permanent registration. However, the law does not indicate that the lack of permanent residence and the presence of temporary registration is a punishable offense. Now, if a citizen has his own home, then the obligation arises to make permanent registration within 7 days. In addition, temporary registration has the same force as permanent registration, only for a different period. Therefore, it is not clear why you need constant registration so much. Apply for a temporary one and you won’t lose anything. You can register in a service apartment received from the Moscow Region, but only based on the terms of the agreement you concluded with the owner of the residential premises. If a specialized rental agreement is concluded for a certain period, for example, for the duration of a service contract, then they will register in a service apartment for the duration of the rental agreement for official residential premises at the place of stay (temporary registration), and if the rental agreement for official residential premises is concluded for an indefinite period, then must register at the place of residence (permanent registration).

In our country, you will be lost without permanent registration. There will be discrimination everywhere, you won’t get a good job, you won’t get on the housing queue. If you don’t take out a loan, don’t vote, everything will be denied. Like this.

Sir (guest), there is no need to promote yourself on someone else’s resource without obtaining consent. It's not ethical to pick berries from someone else's garden, is it? And the tone chosen was bordering on insult, why is that? Do you really think that someone will tolerate this and that you will receive a bunch of letters in the mail? If this is so, then you are not a far-sighted person at all, and even more so you cannot be called businesslike.

Please tell me I have the same problem + Large family, upon the birth of a child, some benefits are provided only with permanent registration.

Legal costs

Even when a residential property transferred from a service fund becomes open for privatization, one must remember that, by law, each citizen has the opportunity to become a participant in free privatization only once. If this right has already been used previously, the apartment can only be redeemed or privatized in the name of one of the relatives who have not yet exhausted their right.

It often happens that the organization that is the owner of the official living space refuses to transfer it to another fund, and this is its legal right. A citizen cannot turn to the local administration with the same request, but can try to resolve the issue through the court. The claim is filed against the employer, but practice shows that such claims are extremely rarely satisfied. The plaintiff must have very compelling reasons for a positive decision. These may be extremely difficult circumstances or a violation of his rights.

Can military family members register in a service apartment?

A dispute may arise in the event that the command of a unit refuses to give permission for registration, for example, of the grandchildren of a military man or his parents, citing the fact that they are not members of his family. In such a situation, experts recommend receiving an official written refusal, and then filing a claim in court to recognize the citizen as a family member. It is necessary to oblige the military unit command not to create obstacles to the registration of military relatives. Law The procedure for registering a military man is regulated by the Federal Law “On the Status of Military Personnel”. The regulatory act specifies a list of close relatives of a military man who have the right to:

• registration with him;
• obtaining additional living space.

The basics of registration are also determined by Government Decree No. 713 of July 17, 1995. The right to registration in municipal housing is regulated by the norms of the Housing Code of the Russian Federation on social tenancy agreements.

Registration in a military unit

Registration procedure for military personnel:

• submits a report to the commander of the military unit regarding registration;
• collects the necessary documents.

The following is consent or refusal to register:

1. If you agree, the signed response to the report with other documents is transferred to the passport office at the location of the military unit. Consent is not required when the military personnel decided to register their minor children in the living space.
2. If the report is refused, then you should apply to the court to compel consent to registration and, if necessary, recognition of the citizen as a family member.

Registration is completed by affixing a stamp to the passport of the serviceman or his family member.

Registration in the city or outside the city

In the city, you can register with the passport officer of the cooperative, the management company, at the MFC, or directly at the passport office.

Typically, house books or apartment cards are kept by them, so their presentation during registration is not required. What about rural or regional registration?

In regional settlements - villages and hamlets, registration was previously handled by village councils. But now these functions have been transferred to migration departments .

This means that you need to go exactly there – to the passport offices. But you can also come to the district MFC, which is preferable:

• the centers are located geographically in the district, and not in the city;
• There are significantly fewer people in them, and there are more registrars (you will save time).

But you need to take into account that in an individual house the house register is kept by the owner, so take it with you if you plan to register permanently. Passports are also needed (as well as certificates for children).

Attention! Registration in a village will be cheaper for the homeowner, since the difference in paying for utilities in the city and the countryside is quite significant.

And if the person registered agrees to pay for registration (at a time or as part of utility bills), then he will also save. These are the pros and cons of registration in a village, including the disadvantages of regional registration.

Is it possible to register with a military unit?

• Military law

Place of military service (name of military command body, military unit, organization) Family composition: spouse (full name, date of birth) children: (full name, date of birth) other family members: (degree of relationship, full name, date of birth) I and my family members own residential premises (shares in the ownership of residential premises), as well as under a social tenancy agreement, we do not (have) the place where I performed military service (cross out what is unnecessary) ) (information about residential premises owned by a military personnel and family members, or under a social tenancy agreement, occupied at the previous place of military service (residence)) I and my family members agree to the processing and use by the authorized body of the Ministry of Defense of the Russian Federation of the submitted personal data for the purpose of decision-making provision of office accommodation.

Service apartment

Registration of children under the age of majority is carried out without obtaining the consent of the command of a military unit. As judicial practice shows, registration at a military unit is carried out during proceedings by a judicial authority, if the command objects.

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Sample report Permission to carry out registration is issued on the basis of a report from a serviceman. It must be written in any form, but in accordance with the rules of clerical work.

The report is submitted to the command of the military unit.

Permanent registration of family members in a service apartment

Such a decision can only be made by a garrison or district military court. Transfer to another city Does a wife who wants to move to her husband serving under a contract need to leave the apartment in order to obtain registration at the new place of residence? To register with a military unit, it is not necessary to deregister at your previous place of residence:

• this can be done during the registration process;
• the corresponding note is made in the application.

Registration at a military unit is carried out by notification.

In the absence of registration, military personnel and their family members must pay a fine in accordance with Article 19.15 of the Code of Administrative Offenses of the Russian Federation in the amount of 2-5 thousand rubles. Registration at a military unit is carried out with the consent of its commander.

Legal proceedings are necessary if such permission is not obtained.

Why does a military man need a registration?

Registration in a military unit does not give conscripts any special advantages; it is just a formality regulated by law. But military personnel serving under contract, having registration, receive a number of privileges.

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What does registration give to a military man and his family members:

• There is a possibility that service housing will eventually become property . This can happen: after retirement;
• upon receipt of disability during service time;
• upon disbandment of a military unit.

The procedure for providing official housing to military personnel

List of documents Regarding the question of what documents are needed for registration, their list must be clarified in the FMS department. A prerequisite is the consent of the owner of the living space, who is represented as an official of the housing department of the Ministry of Defense or the command of a military unit.

The basis for registration is the application of the serviceman, filled out on form No. 6. Attached to it: Passports of the serviceman, his wife, relatives, identifying them Birth certificate of children, title deed for living space When filling out the application form No. 6, the address of the military unit is indicated, provided they have living space.

The application and documents for registration at a military unit must be submitted by the person registering in person.

Registration of military personnel in official housing

Service housing For the entire period of military service, service housing is provided to: military personnel appointed to military positions after receiving professional education in a military professional educational organization or a military educational organization of higher education and receiving an officer military rank in this regard (starting from 1998), and members of their families living with them; officers who entered into the first contract for military service after January 1, 1998, and members of their families living with them; Military personnel - citizens undergoing military service under a contract, and members of their families living with them are provided with service living quarters in accordance with the standards established by federal laws and other regulatory legal acts of the Russian Federation.

If there is no housing

If there is no housing (there is none in principle), then the person has the right to rent an apartment for his family himself, and receive compensation for rent from the command.

About the author of the article

Porfiry Zhuchkov Let me introduce myself: Zhuchkov, Porfiry Prokhorovich. The bug calls me a paperworker. And why all? Because I know my rights and am ready to defend them.

Registration in a service apartment

Registration at a military unit is possible if the serviceman does not have his own housing and lives in a designated service apartment. Family members who live with him in the same living space, have the same budget and run a common household have similar rights. Close relatives of a serviceman have the right to register:

By a court decision, any citizen who is dependent on a military man can be recognized as a family member. Features of registration Registration is carried out at the location of the living space, in accordance with the housing rights of the military - for official and permanent housing. List of documents For registration you will need to provide:

• consent of the property owner - in the housing department of the Ministry of Defense or military unit;
• title documents for real estate;
• passports of citizens (and copies).

No registration fee is required. In the application on Form No. 6, in addition to the address of the military unit, the residential premises provided must be indicated.

You do not have to fill in the column “residential premises not provided” if registration is carried out in the actual absence of residential premises. Documents for registration in a military unit must be submitted in person.

Representation by proxy during administrative procedures is not permitted. Report (sample) The report remains the form by which the military unit commander gives permission to register a citizen or refuses it.

Features of military registration

Military service often involves travel and relocation. When changing duty stations, military personnel, as well as members of their families, must strictly observe housing records. Let's find out what are the features of military registration under different circumstances.

Translation from part

Military service is often accompanied by transfer from unit to unit, so it should be taken into account whether he arrived for permanent service or temporary service. If a military man is transferred to a unit for long-term service, he has the right to change his apartment registration address.

During the procedure, they take into account where the transfer is being made - to a locality in the same area or to another region:

What is your registration?

Registration at the place of residenceRegistration at the place of stay

• when moving around the region, registration does not change;
• when leaving the region, the right to re-registration appears 90 days from the moment of arrival at the place of duty.

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When a serviceman moves to another city for service, the contract soldier has the right not to be deregistered at his previous place of residence. You can deregister at the place of arrival, which will be indicated in the application with a special mark.

Registration with a military unit has signs of a notification nature, but if a serviceman, as well as members of his family, do not register, according to the Code of Administrative Offenses (Article 19.15.1), they can be fined 2-5 thousand rubles.

Dismissal

If a serviceman leaves service, the procedure for deregistration depends on the circumstances under which the contract is terminated.

Grounds for termination of the contract and the further fate of registration:

• The contract has ended. If the contract is not renewed, the command prepares a Dismissal Order, canceling military service and the right to live in the housing previously issued to him. The military man and his family must leave their official housing within three months and deregister.
• Retirement. Pensioners have the right to use company housing and even privatize it.
• Health status. When a military person receives a disability group, the right to privatization becomes available. If not, you have to move out of the apartment.
• Forced termination of service. If the contract is terminated due to violation of the law or discipline by a military personnel, he is obliged to leave the official housing during the time allocated to him for moving.

Registration of family members

According to Government Decree No. 713, not only military personnel, but also members of their families have the right to registration in official housing and at the HF address.

Rules and features of registration of family members:

• the same apartment registration rules apply to relatives as to military personnel;
• register only those family members who directly live with the serviceman;
• Only his wife and children are placed on the serviceman's housing register.

Children under 18 years of age are protected by the state, so they are discharged from housing only if there is evidence that the child has somewhere to register.

Is it possible to live without registration?

The legislation of the Russian Federation does not allow citizens of the Russian Federation and foreigners to reside in the country without registration. This requirement also applies to military personnel.

If there is no housing

If a serviceman does not have housing, because it is basically non-existent, he has no choice but to rent an apartment/house. In this case, the military man has the right to demand from the command part of the monetary compensation for the hire.

A sample report on payment of monetary compensation can be downloaded here.