The term “intentional deterioration of housing conditions” (hereinafter referred to as ZhU) was introduced into the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) in 2005 due to the large number of unscrupulous citizens wishing to register for the need to improve housing. However, neither the Housing Code itself nor the legislation fully reveals the essence of the term.
What it is
The legislation does not contain a specific definition of the phenomenon. There is only Article 53 of the Housing Code of the Russian Federation, which describes the consequences of the deliberate deterioration of living conditions by citizens. However, the specifics of the offense can be established by local authorities.
The offense includes:
- any commercial activities related to moving to smaller housing,
- a fictitious divorce committed in order to obtain additional housing,
- transfer of an apartment from residential to non-residential,
- forced relocation of residents to less comfortable houses due to deliberate violation of rules.
At the same time, local legislation often determines which violation is intentional and which is not. The court carefully examines each situation and makes a decision.
Action Goals
Municipal authorities establish signs on the basis of which offenses can be considered intentional. The list is different in each region, but it has some common points.
A violation will be considered intentional if:
- A citizen wishes to be recognized as needy after he has personally worsened his living conditions.
- There are witnesses who can confirm the intentionality of the actions.
- At the time of committing unlawful actions that entailed deterioration of housing, the citizen was not listed as in need of special authorities.
If a person was already on the list of those applying for social housing, then even deliberate deterioration of the condition of the area will not be considered an offense.
The main legislative act is the Housing Code of the Russian Federation, namely Article 53, which establishes the features and consequences of the offense. However, the LCD does not fully reveal the essence of the phenomenon, partially indicating only actions that may be considered unlawful.
Legal positions of the Constitutional Court of the Russian Federation
Much more attention is paid to the deterioration of the living conditions of children and adults by the Constitutional Court of the Russian Federation. The authority decided that deliberate actions aimed at artificially creating uncomfortable living conditions would be considered an offense.
In the notes of the state organization there is a note that Article 53 of the RF Housing Code should be applied in conjunction with paragraph 3 of Article 10 of the Civil Code.
The Constitutional Court of the Russian Federation states that the actions specified in the documents do not reflect the legal essence of the offense and do not make it possible to limit it from related categories. Due to the incorrect classification, law enforcement authorities are required to study in detail and distribute each case of unlawful actions.
What actions are considered intentional?
Due to the specifics of the legislation, courts usually divide actions to reduce the level of living conditions depending on categories of the population.
Regarding military housing
The Federal Law “On the Status of Military Personnel” and Government Decree No. 512 establish the features of soldiers’ living quarters. At the same time, the procedure for obtaining social apartments does not differ from civilian ones, as do the actions of deliberately worsening the living conditions of military personnel.
Illegal methods of damaging living space include:
- intentional sale or exchange of an apartment in order to register as a person in need,
- redevelopment of the house, due to which the area of the territory has decreased,
- artificial expansion of the family by registering strangers.
The law allows cases when an employee can register dependent relatives or a child in an apartment. These actions will not be considered illegal.
Regarding minors
Housing law pays special attention to minors as persons who are unable to make their own decisions and need a guardian. Official representatives - parents or guardians - are responsible for the safety and comfort of a citizen under 18 years of age.
Moving in and registering a minor will not be considered an offense even if the number of square meters is less than the established norm.
In accordance with Article 31 of the Housing Code of the Russian Federation, even after a divorce, former spouses do not have the right to prohibit the child from using housing, even if, according to the marriage contract, the apartment was transferred to the partner with whom the minor did not remain.
Young family
The specifics of obtaining an apartment for a young family are regulated by Government Decree No. 466 of May 26, 2016. The same legislative act describes the reasons for improving living conditions for the newly formed unit of society.
The actions of young families aimed at worsening their own living conditions do not legally differ from the standard set. However, some regions may add or change these features.
For Moscow, the following actions are considered an offense:
- changing the procedure for using housing through transactions,
- change in family composition,
- moving third-party citizens into a limited area,
- allocation of a share of the premises,
- alienation of all housing or its share in favor of relatives.
As in other cases, if, when performing these actions, the young family was already on the list of those in need, then they will not be considered violators.
Examples
The most common example of deliberate deterioration of housing is the exchange of one living space for another, the size of which is significantly less than required by law. As a rule, it is held between close relatives or friends.
If a family of 3 people changes a 2-room apartment with an area of 50 m² to a one-room apartment, then by law citizens have the right to apply for improved housing conditions. But if it turns out that the actions were committed intentionally, the state will refuse to carry out the procedure.
Proving a violation is quite simple: just study the history of ownership of the property. This can be done through Rosreestr, because all real estate transactions are registered there.
Legal consequences and liability
If the competent authorities find out that a citizen has deliberately worsened his housing condition with the intention of becoming needy, then the only liability that awaits the offender is refusal to register.
In this case, the violator will not be able to re-register for 5 years. You can challenge the decision in higher authorities, but the chance of successful completion of the case is extremely small.
What does not apply to intentional damage
Federal and local legislation allows for cases of deterioration of housing conditions that will not be considered illegal. Most often this is associated with minors or close relatives, but the municipality may introduce its own rules.
What is not considered malicious actions:
- minor citizens are registered in the living space at the place of residence of any of the spouses,
- husband, wife or other close relatives move in, but subject to compliance with the law,
- operations are carried out to terminate the annuity contract at the initiative of the recipient,
- refusal of the donee to receive new housing,
- situations in which the courts recognize a real estate transaction as invalid.
Similar features apply to persons of all social categories.
Ways to improve
The state strives to ensure that citizens live in comfortable conditions and is ready to provide certain subsidies. This is especially true for minors and young families - it is these categories of people who are under the close supervision of local authorities.
Ways to improve housing and communal services at the expense of the state:
- Registration of a housing certificate, which allows you to join a vacant apartment in communal housing. The document has a priority order, so you should not expect instant benefits.
- There is a program with the appropriate name for young families. The state provides subsidies or benefits for targeted mortgages aimed at improving living conditions.
- The state provides low-income people with a housing certificate, which allows them to occupy a vacant communal apartment with the opportunity to privatize it.
- Military personnel have the right to receive an apartment after serving for more than 10 years.
As a rule, the housing improvement program is valid for all beneficiaries. To clarify this information, you must contact your local administration.
Arbitrage practice
Judicial practice on the deliberate deterioration of living conditions is not rich, because it is not always possible to prove a citizen’s guilt. For example, it is quite difficult to convict a person of selfishness during a divorce, because this point is regulated by the Family Code and relates to personal problems.
Example #1:
- the military board studied the case of citizen N. and found out that he was registered in need of improvement of housing,
- in 2003 he purchased an apartment with three rooms,
- before registering, the man exchanged housing for a one-room apartment and registered there with his family of 3 people,
- the man himself rented a more spacious apartment.
As a result, the court decided to exclude N. from the list of participants due to violation of the law.
Example #2:
- The Supreme Court of Moscow considered the case of citizen A. with a request to return her to the lists of those in need,
- before this, A. was refused due to the deliberate deterioration of living conditions,
- she registered a II category disabled mother in her one-room apartment, who sold the house,
- After registration, the woman applied for a subsidy, but was refused by the commission.
The court sided with the woman because the law allows close dependent relatives to move in and does not consider this an offense.
Video
About how to register when it is discovered that living conditions are deteriorating.
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Intentional deterioration of living conditions
INTRODUCTION You have deliberately worsened your living conditions!!! This is the favorite phrase of the official who distributes social housing. These words warm his soul, caress his ears, smear honey on his lips. It’s like a sip of spent champagne on January 1, like the smell of grass after a gas mask... And a huge field for corruption. Did you take part in privatization? - Made it worse! On purpose!! Sold - donated? - Even worse, even more deliberate!!! Let's kick you out of the queue! In five years we’ll stage it again, but at the very end! What to do? Carry a plump envelope... or should you look at the Housing Code?
- Article 53. Consequences of citizens deliberately worsening their living conditions
- “Citizens who, with the intention of acquiring the right to be registered as those in need of residential premises, have committed actions as a result of which such citizens can be recognized as those in need of residential premises, are registered as those in need of residential premises no earlier than five years from the date performing the specified intentional actions.”
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COMMENTS
If you try to expand your knowledge of the deliberate deterioration of housing conditions using published commentaries on housing legislation, you will be unpleasantly surprised. In the worst case, it will be a “retelling in your own words” (a fraudulent, but apparently commercially very successful type of publishing expensive commentaries), and in the best case, it will be a quotation (usually without references) from L.Yu. Grudtsina wandering from commentary to commentary. [1]
Let us pay special attention to thesis No. 2: any actions can be recognized as intentional deterioration only when the citizen is not registered . This is absolutely fair, since if a citizen is already registered as needy, then any of his actions must be assessed not according to Art. 53, and already in part 8 of Art. 57 Housing Code of the Russian Federation (more on this below).
And finally, the most “advanced” comments still provide a link to the legal position set out in the Resolution of the Constitutional Court of the Russian Federation[2]:
Within the meaning of Article 53 of the Housing Code of the Russian Federation, which in itself cannot be considered as violating any rights and freedoms of the applicant, and within the meaning of the relevant norms of legislation of the constituent entity of the Russian Federation, restrictions on registering citizens in need of residential premises should be considered permissible only in the event that citizens committed deliberate actions with the aim of creating an artificial deterioration in housing conditions , which could lead to a condition requiring participation from state authorities and local governments in providing them with other housing.
At the same time, the application of Article 53 of the Housing Code of the Russian Federation and the by-laws developing it must be carried out in the system of current legal regulation in conjunction with paragraph 3 of Article 10 of the Civil Code of the Russian Federation, according to which in cases where the law makes the protection of civil rights dependent on whether whether these rights are reasonable and in good faith, the reasonableness of actions and good faith of participants in civil legal relations are assumed . In this situation, deciding whether ... other actions committed by the applicant himself can be considered intentional and dishonest and whether this is an obstacle to recognizing him as in need of housing, as living in conditions that, in his opinion, are not suitable for living, requires an assessment of the factual circumstances of a particular case by a court of general jurisdiction . It must be said that this legal position is of extraordinary importance . The fact is that the constituent entities of the Russian Federation, as well as ministries, have the right to adopt normative legal acts that establish conditions that are recognized (or not recognized) as intentional deterioration of housing conditions. And although, in general, they are similar in many ways, the trend “some go to the forest, some go for firewood” is clearly visible. But the main thing is that in most cases these very conditions do not correspond in any way to the legal position set out by the Constitutional Court of the Russian Federation , which means that for us, for lawyers, there is unplowed field for work . For example, let’s take Moscow Law No. 29 of June 14, 2006 “On ensuring the right of Moscow residents to residential premises,” where Article 10 states, in particular, that:
“Actions that resulted in the deterioration of living conditions not : ... - moving in a spouse, disabled parents, or other citizens in accordance with the established procedure into residential premises as family members, if before moving in, these persons were accepted for housing registration in the city of Moscow.”
Let's make this difficult-to-understand phrase simpler: If the spouse has not previously been accepted for housing registration, then his/her moving in is a deliberate deterioration of living conditions.
The absurdity of this rule is obvious. Let’s take a very common situation: a citizen lives in his parents’ apartment, does not have property, but is a member of the owner’s family, each person has more than the registration norm - he cannot be recognized as needing a living space and registered.
Further, marriage, where the spouse owns housing, also does not have the right to be registered, but after the spouse moves in, the area per person becomes less than the registered one.
Is it possible for one spouse to move in with another to be considered “ deliberate actions with the aim of creating an artificial deterioration in living conditions”?
But there is a way out. Below is an interesting position of the Supreme Court of the Russian Federation[3]: “In addition, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation also takes into account the following. According to Part 1 of Article 38 of the Constitution of the Russian Federation, motherhood and childhood and the family are under the protection of the state. A family is understood as persons related by kinship and (or) affinity, living together and running a joint household (Article 1 of the Federal Law of October 24, 1997 N 134-FZ “On the subsistence level in the Russian Federation”). In accordance with Article 6 of the Law of the Russian Federation of June 25, 1993 N 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation,” a citizen of the Russian Federation who has changed his place of residence is obliged no later than seven days from the date of arrival at the new place of residence, contact the official responsible for registration with an application in the prescribed form. In this case, the registration authority is obliged to register the citizen at the place of residence no later than three days from the date of presentation of documents (submitting an application and documents in the form of electronic documents) for registration. According to the position of the Constitutional Court of the Russian Federation, set out in the ruling of April 19, 2007 N 258-О-О (the above quotes follow) ... From the contents of the statement of claim it follows that after the marriage of Rybkin V.P. and Rybkin V.I. came to the conclusion that living and running a joint household is advisable in the apartment in which V.P. Rybkina lives, with an area of 56.1 square meters. meters). At the same time, they proceeded from the fact that this apartment is a three-room apartment, that is, it allows the Rybkin family, the Khoroshavin family, as well as the adult Khoroshavina E.P. live in isolated residential premises, while the apartment in which V.I. Rybkin lived (with an area of 51.6 sq. meters), is a two-room apartment, which excludes the possibility for the plaintiffs, Rybkin I.Ya. and Rybkin M.I. live in isolated living quarters. Thus, the actions of V.I. Rybkin should be recognized as reasonable, conscientious, committed within the framework and in compliance with the current legislation. on moving into apartment N and registering in it. [1] (Article-by-article commentary to the Housing Code of the Russian Federation / Under the general editorship of N.M. Korshunov. M., 2005. P. 146 – 147). [2] Determination of the Constitutional Court of the Russian Federation, set out in the determination of April 19, 2007 No. 258-O-O [3] Determination of the Supreme Court of the Russian Federation of March 15, 2011 No. 5-B10-102
To be continued.
ANNOUNCEMENT ! In the second part of the article (publication – January 23) the following questions will be considered:
mathematics when determining the intentional deterioration of living conditions . 2. Methodology for determining the intentional deterioration of living conditions. 3. Distinction between the legal consequences of Article 53 and Part 8 of Article 57 of the RF Housing Code - a visual table.
Deterioration of living conditions of military personnel
Legislative regulation
The main regulatory document is the Housing Code of the Russian Federation. Directly in such an act the following legal concept is considered - “deliberate deterioration in the level of living conditions.”
As for military personnel of the citizen category, this concept is given exceptional importance, since any of their actions can be determined as intentional, which can result in exclusion from the queue for receiving real estate for up to five years.
Government Decree No. 1054 regulates the rules and regulations for recording military personnel who apply for housing.
There is no formulation of this concept in federal legislative acts.
At the same time, regional regulations describe specific characteristics regarding what can be considered as a special and intentional deterioration of housing conditions:
| Divorce or wedding | in both the first and second cases, significant changes in living conditions are noted |
| Carrying out legal procedures | associated with shares in property rights - change, allocation |
| Forced eviction | in particular, if a military family rented a living space with good conditions, but did not fulfill its obligations to the landlord (lack of careful attitude to things, property, debts for housing and communal services, noisy behavior, etc.) |
| Transactions | due to which the owner changes or the new residential premises have a smaller square footage (exchange, purchase and sale) |
| Family expansion | in particular, in the case of relocation of children from previous marriages or elderly parents |
| Check-in | residential premises by other persons |
In accordance with the Housing Code of the Russian Federation, it is permissible to register newborn babies at the place of residence of their parents, without taking into account the current provisions on the number of square meters of living space that should fall on one person in the family.
If a serviceman’s turn to receive his own apartment is approaching, the amount of the commission provides for the presence of a small child in his family.
For information on loans to those in need of improved housing conditions, see the article: loan to improve housing conditions.
Those who own housing
Military personnel who have their own property that is suitable for permanent residence have the right to register as persons in need of improved quality of living conditions in the following cases:
| If the apartment area is smaller | than necessary in accordance with current regulations in a particular region |
| Family expansion | through having children |
| Living space does not meet standards | which apply to residential apartments |
In a situation where a military person who is registered as needing to improve the quality of living conditions has performed certain actions belonging to him by right of ownership of a real estate property, due to which there has been a deterioration in living conditions, he automatically loses his place in the queue.
In addition, after committing such actions, as well as within 5 years, such a person does not have the right to count on registration.
The described acts include:
- Allocation of a part of the property
- Purchase and sale of a property in which a family lived, hoping to improve the quality of living conditions.
Improvement options
There are the following methods:
| Registration of a housing certificate | the use of which is aimed at obtaining personal living space; |
| Registration of a state subsidy | which should be used for individual construction, acquisition of ready-made real estate, and repayment of mortgages; |
| Obtaining personal living space | through the main queue (in the event that a serviceman arrives registered as needing a change in living conditions). |
Specifics of registration
For this purpose, it is necessary to initiate an appeal to the regional commission of the Housing Department of the Russian Ministry of Defense by submitting an application.
At the same time, you will have to present:
- A claim indicating the Russian subject, administrative-territorial formation, as well as the chosen place of future residence
- Extracts, certificates from the service record, from the house register (for the period of the last 5 years)
- Information on the procedure for completing military service
- Birth certificates (for children under fourteen years of age)
- Passport of a military person, as well as each member of his family (originals, copies)
The structure approves the resolution 30 days from the date of submission of the documentation package.
Terms for recognizing a person as needy
A body such as the Housing Department under the Russian Ministry of Defense undertakes to consider such a case within 1 month after filing an application.
It is noteworthy that during this period the commission’s employees carry out checks:
| Authenticity, reliability | submitted documentation |
| Did the plaintiff commit unlawful acts? | aimed at changing existing living conditions for the worse |
| Does the applicant have real estate? | owned in accordance with the right of private property, to what extent |
| Financial position | plaintiff |
The regulations for the provision of housing regulate the total waiting periods, which vary between 3-10 years, no more.
Queue on preferential terms
There are certain categories of military personnel for whom housing is provided on preferential terms:
- Family members, widows of deceased military personnel if the period of service is at least 10 years;
- Military personnel who have been diagnosed with severe chronic illnesses - provided that one of the family members has a serious illness, the government provides priority housing
- Persons living in dilapidated buildings - if there is a threat of the building collapsing in the near future, the residents must be relocated and given new living space.
Deliberate deterioration of living conditions
The most common actions in the described case may be:
| Non-compliance with obligations | by agreement, in the case of living in social housing, expulsion, which in the future may result in failure to implement specific mandatory procedures, may become a reason for being registered while awaiting receipt of one’s own living space from the state; |
| Bringing real estate | existing property in a corresponding state, which is defined as unfit for life; |
| Termination of participation | in a housing construction cooperative; |
| Registration of a young child (minor) | who previously lived was registered in another place; |
| Conclusion of a fictitious marriage | or registration of divorce proceedings, when there is a need for the spouse to register in his territory, or in the event of a divorce, the alienation of a share of property acquired jointly. |
Arbitrage practice
In the event of a refusal to register a person due to intentional damage to their living conditions, citizens have the right to initiate a judicial appeal, demanding that this decision be canceled.
- The settlement of the conflicts under consideration is carried out in the Military Collegium of the Russian Supreme Court, as well as in district and garrison military judicial bodies.
- Video: Housing for military personnel. Procedure and instructions for obtaining housing
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III. Deterioration of housing conditions (including refusal of privatization, inheritance or others)
In satisfying the claims Ryabokon I.A. to recognize as illegal the decision of the Commission of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for Moscow from, recognizing the right to register for receiving a one-time social payment for the purchase or construction of residential premises, to refuse. installed:
Ryabokon I.A. filed a lawsuit to challenge the refusal of the Commission of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for Moscow to register for receiving a one-time social payment from a year old, citing the fact that since the year he and his wife have been registered and living at the address: , on the basis of an agreement for the free use of an apartment total area sq.m., where they occupy a room sq.m.
, due to which the plaintiff and his family member have less than sq.m. Previously, the plaintiff and his wife lived in an apartment with a total area of sq.m. at the address: , owned by their son, full name. The plaintiff and his wife are not members of the son’s family, since the son leads a separate household, created his own family and uses the entire apartment.
Due to a conflictual relationship with his son, the plaintiff and his wife were forced to leave the specified residential premises and use other housing on the basis of a free use agreement. The plaintiff and his wife do not have any other housing; the plaintiff did not commit any unlawful actions leading to worsening living conditions. At the court hearing, the plaintiff and his representative Artyukhova G.V.
the arguments of the claim were supported. The representative of the defendant, by proxy T.N. Kolmakov, objected to the satisfaction of the stated requirements, considering the refusal to register to be legal and justified. The court ruled the above decision, the cancellation of which is requested by I.A. Ryabokon. according to the arguments of the appeal. At the meeting of the judicial panel Ryabokon I.A. and his representative, lawyer G.V. Artyukhova.
appeared and supported the arguments of the complaint. Representative of the defendant, Main Directorate of the Ministry of Internal Affairs of Russia for Moscow, by power of attorney O.I. Pigorev. appeared, objected to the satisfaction of the complaint, and agreed with the court's decision.
The panel of judges, having studied the materials of the case, heard the explanations of the parties, discussed the arguments of the appeal and objections to it, found the decision of the court of first instance in the present case to be left unchanged for the following reasons. In accordance with Part 1, Clause 1, Clause 2, Part 2, Art.
4 of the Federal Law “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, an employee who has served in the internal affairs bodies for at least 10 years in calendar terms has the right to a one-time social payment for the acquisition or construction residential premises once during the entire period of service in the internal affairs bodies (hereinafter referred to as a one-time social payment). A one-time social payment is provided to an employee within the budget allocations provided for by the federal executive body in the field of internal affairs, by decision of the head of the federal executive body in the field of internal affairs, the head of another federal executive body in which employees serve, provided that the employee is a tenant of a residential premises under a social tenancy agreement or a family member of a tenant of a residential premises under a social tenancy agreement, or the owner of a residential premises or a family member of the owner of a residential premises and is provided with a total living area of less than 15 square meters per family member. By virtue of Part 7 of Art. 4 of the Federal Law “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation”, an employee who, with the intention of acquiring the right to be registered as entitled to receive a one-time social payment, committed actions that resulted in the deterioration of living conditions, is registered as eligible to receive a one-time social payment no earlier than five years from the date of commission of these intentional actions. By virtue of clause 9 of the Rules for the provision of a one-time social payment for the acquisition or construction of residential premises to employees of the internal affairs bodies of the Russian Federation, approved by Decree of the Government of the Russian Federation of December 30, 2011 N 1223, an employee who, with the intention of being registered to receive a lump sum payment, committed actions , resulting in a deterioration in living conditions, is registered to receive a lump sum payment no earlier than 5 years from the date of commission of these intentional actions. Similar provisions are enshrined in Art. 53 of the Housing Code of the Russian Federation. So, according to Art. 53 of the Housing Code of the Russian Federation, citizens who, with the intention of acquiring the right to be registered as those in need of residential premises, have committed actions as a result of which such citizens can be recognized as those in need of residential premises, are registered as those in need of residential premises no earlier than five years from the date of commission of these intentional actions.
The court found that plaintiff Ryabokon I.A. has experience of service in the internal affairs bodies of the year months of the day. He was not provided with a one-time social payment for his previous places of service. Ryabokon I.A. is in a registered marriage with full name, has a son, full name and year of birth.
Until a year ago, the plaintiff, together with his family consisting of his wife and son, lived and was registered in a separate two-room apartment at the address: . The specified apartment was provided to the plaintiff's family on the basis of an order from the city and since then has been owned by the plaintiff's son, on the basis of an agreement for the transfer of ownership of the apartment in the manner of privatization.
Since a year, the plaintiff and his wife have been living under a free use agreement in a separate three-room apartment with a total area of sq.m. at the address: , where 4 people who are not members of the plaintiff’s family still live.
year, the plaintiff applied to the Commission of the Main Directorate of the Ministry of Internal Affairs of the Russian Federation for Moscow with an application to register to receive a one-time social payment for the purchase or construction of residential premises.
At a meeting of the Commission of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow, Ryabokon I.A. was refused registration for receiving a one-time social payment. with a family of 2 people (he, wife) in accordance with clause 7 of article 4 of Federal Law of July 19, 2011 N 247-FZ.
Resolving the dispute on the merits and refusing to satisfy the claims of Ryabokon I.A.
, the court of first instance reasonably proceeded from the fact that there were no legal grounds for invalidating the Commission’s decision of the year to refuse registration for a one-time social payment, the plaintiff worsened his living conditions due to a change in the procedure for using residential premises by entering into an agreement for gratuitous use other residential premises, voluntarily moved out of a two-room apartment at the address: , which was provided to him and his family members on the basis of a warrant and subsequently registered as the sole property of his full name in the manner of privatization. Under such circumstances, in view of the plaintiff’s deliberate deterioration of his living conditions, the legal and factual grounds for setting Ryabokon I.A. registration for receiving a one-time social payment for the purchase or construction of residential premises is not available, due to which the court decision to leave his application unsatisfied on the merits is correct and must be left unchanged. The court's conclusion is based on the correct application of substantive law, motivated and supported by the evidence presented, which the court assessed in its entirety according to the rules of Art. 67 of the Civil Procedure Code of the Russian Federation. The plaintiff’s argument that he did not commit actions that led to the deterioration of living conditions was the subject of consideration by the court of first instance. The court gave a proper assessment to this argument, with which the panel of judges agrees. Violations by the court of the norms of substantive and procedural law, referred to by Ryabokon I.A. in its appeal, the judicial panel did not establish. The arguments of the complaint are aimed at a different assessment of the legally significant circumstances correctly established by the court of first instance, do not refute the correctness of the conclusions of the trial court and cannot serve as a basis for reversing the decision. Under such circumstances, the judicial panel agrees with the decision made in the case and recognizes it as legal and justified. Guided by Art. Art. 328.329 of the Code of Civil Procedure of the Russian Federation, the judicial panel determined: The decision of the Tverskoy District Court of Moscow dated September 25, 2013 is left unchanged, the appeal is not satisfied. Presiding officer _________________ Judges _________________________
Appeal ruling of the Investigative Committee for civil cases of the Court of the Jewish Autonomous Region of the Jewish Autonomous Region dated December 6, 2013 in case No. 33-571/2013
Intentional deterioration of living conditions - judicial practice
Such a concept as deterioration of living conditions in our legislation appeared relatively recently. Compatriots, pursuing greedy goals, often deliberately worsen their living conditions, counting on the state's help to improve them. But many do not understand that such actions are considered a crime and there is a certain punishment for this.
Intentional actions and their consequences
In my personal practice, I have encountered this quite often. Usually the situation arises when children get married and look for possible ways to live separately from their parents.
Even the registration of a young spouse on half the square meters can already be considered as a deliberate deterioration of living conditions. Such situations are regulated by law (Article 56 of the LC).
If illegal actions are identified and proven, the family is deprived of the right to receive separate housing under the youth program for a period of five years, or all family members are simply excluded from this program. From personal experience I can say that I have met many families who have forever lost the right to participate in the program as needing improved housing conditions.
The situation is complicated by the fact that the Housing Code is not the same for all regions. What exactly is meant by this concept is decided by local authorities. But there are common signs that characterize the deliberate deterioration of living conditions:
- the person has committed actions the purpose of which is to register as a person in need of improved housing conditions;
- the person is not listed as in need of improved living conditions;
- the actions taken are considered deliberate and have the nature of malicious intent in order to become one of those in need of improved housing conditions;
- the actions taken have already led to the person being registered to improve living conditions.
Such situations are fundamental to recognize living conditions as unsatisfactory. But during the proceedings it is often revealed that this was a deliberate deterioration of living conditions. Judicial practice has a lot of evidence of such facts. Based on Art. 49 of the Housing Code, some such actions are qualified as intentional:
- the tenant of social housing registered a relative in it and then motivated this by the fact that there were not enough square meters;
- unjustified termination of an invalid annuity transaction;
- refusal of the gift transaction;
- unauthorized settlement and registration of temporary residents.
Important! The settlement and registration of minor children at the place of registration of one of the parents is not an intentional violation.
It is worth noting one more fact, which is not considered a violation at the legislative level. For example, a person is already a participant in a program to improve housing conditions and at this time registers one of his relatives for living space. It will be a violation if a newly registered person applies for housing improvement.
This may already lead to the fact that the person who prescribed it may be excluded from the program for a period of five years. Facts of violations are recorded and analyzed by authorized members of local government bodies and, based on the decision of the commission, they are recognized as violations or their absence. The decision is made on the basis of data included in the housing inspection reports:
- the number of registered people in the living space, the dates of the last registrations and their family relationships;
- any types of transactions for the purpose of worsening living conditions;
- failure to fulfill contractual obligations, which caused the contract to be terminated and forced eviction;
- a notarized share for the purpose of worsening conditions;
- any type of alienation of owned housing.
For more information about actions that may lead to deterioration of living conditions, and about responsibility for such actions, watch the video:
I understand that many people do not quite understand the wording of some articles. Therefore, I considered it necessary to give examples from my own practice in order to clarify this using examples from the lives of ordinary citizens. But it is immediately worth noting that the State Duma of the Russian Federation has made some amendments, on the basis of which actions cannot be recognized as intentional.
- Settlement and registration of legal spouse and minors.
- Termination of the lease agreement and return of housing to municipal ownership.
- Recognition of the transaction (judicial) as invalid, subsequent eviction;
- Uncoordinated resettlement of elderly people whose property was sold or transferred free of charge to self-government bodies.
The law came into force in 2005 and is constantly being amended. It is impossible to count on improving living conditions by deliberately worsening them.
At the very least, before registering relatives in such housing and then demanding improvements to their accommodation, it is necessary to consult with lawyers. Actions may fall under articles providing for punishment.
And the most common thing that can happen is exclusion from the program for life or for the next five years.
Applicants for improvement of living conditions
The law defines several categories of citizens who officially have the right to apply for improved housing conditions.
- Persons who are not or were not previously owners of real estate.
- Young families who do not have their own housing, if their age does not exceed 35 years.
- Owners whose living space does not meet established standards.
- People living in conditions unsuitable for life.
- Orphans who were released from orphanages and boarding schools, left without guardianship.
- Persons whose health condition is associated with severe, chronic diseases.
At the moment, the Duma is developing a bill that will determine the category of persons whose diseases will be included in the list of chronic, severe diseases for participation in a program to provide or improve housing conditions. It is not yet possible to specify exactly what disease a person can apply for municipal housing.
Important! If one of the spouses left housing in favor of the other after a divorce, then he has no right to participate in the program to improve living conditions.
For participants in military operations, there is another program aimed at improving living conditions.
At 50 st. The housing code states that each person must have at least 12 square meters of living space. In addition, other standards are defined:
| Category | Standard norms (sq. m.) |
| 1 person | 18 |
| Family of two | 42 |
| Family of three or more people | Over 30 |
Arbitrage practice
I often have to deal with similar incidents. Clients, not fully realizing who has the right to claim improved living conditions, begin to make deliberate deteriorations. All this becomes clear to self-government bodies and people simply do not understand why they are losing the right to take advantage of such an advantage.
A girl came to me asking for help in a difficult situation. Her own father wrote her out of the apartment (through the court) and simply put her out on the street. My father rented public housing. What caused such a disagreement between two relatives is a topic for a separate discussion. But the girl received the right to participate in a program to improve her living conditions.
A similar case, but with a fundamentally different solution. The young couple checked out of their parents’ own home and registered in a room (belonging to one of the parents), the total area of which was 18 square meters.
After the birth of the child, he was registered in the same room, hoping that now their living conditions should be improved, since 18 meters for three does not meet the established standards.
The actions of the young people were recognized as deliberate and now they can count on an increase in living space no earlier than in five years.
Before getting married, a man learns that not long ago his bride sold the property she owned.
He was worried whether their family would be able to qualify for improved living conditions. I immediately reassured the man that everything a woman did before marriage had nothing to do with the marriage.
Therefore, their young family will be able to apply for improved living conditions.
Clients often ask a similar question. Some, due to various circumstances, refuse to privatize housing. What they are wondering is, is this a deliberate deterioration? I want to reassure you that nothing intentional will be revealed in such actions. Therefore, participation in the program is possible.
Conclusion
The legislative framework in this area is imperfect. But this is not a reason to try to circumvent the laws and try to add square meters to yourself through deliberate actions. This may only give you the right to improve your living conditions, at best, for 5 years.
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