Easier to evict?

The Ministry of Defense will not provide housing for the cancer patient captain Makarenko

The Ministry of Defense responded to the publication of Novaya Gazeta “There are legitimate grounds not to make homeless people” (No. 59 of June 6, 2018), in which we told the story of the patient's patient, captain II rank of the Russian Navy, Gennady Makarenko.

Gennady with his family lives in a small official apartment in Sevastopol. In 2013, due to a difficult state of health, he quit the service. And before that he gave the military business for 26 years: first in Kamchatka, then in the Crimea. After the Crimean Spring, the Ministry of Defense asked Gennady to free the office apartment. In 2017, the Gagarinsky district court of Sevastopol decided to evict Makarenko without providing other housing.

Gennady does not argue: he has no right to departmental housing. However, there is nowhere to go either: there is no other housing. And the captain has two children 6 and 11 years old. And there is a way out: his wife Maria Chugunova, who is a civil servant in the Black Sea Fleet, has a legal opportunity to get an office apartment. Such an opportunity is provided for by order of the Ministry of Defense of the Russian Federation No. 485 of July 18, 2014.

For the second year now, Gennady and Maria have been asking for a military department not to expel them to the street, but to give Mary the official housing for the duration of her work.

Anna Kuznetsova, Deputy Minister of Defense Timur Ivanov, asked the Deputy Minister of Defense of Timur Ivanov. The new newspaper asked about this.

But here is the answer of the first deputy head of the Department of Information and Mass Communications of the Ministry of Defense Alexei Komarov:

“On June 5, 2018, on the website of Novaya Gazeta, the material was published“ there are legal grounds not to make homeless people ... ”, dedicated to the housing situation of the former soldier G.I. Makarenko, the author of which Ivan Zhilin calls on the Russian Ministry of Defense to solve the housing issue of the Makarenko family.

The captain of the 2nd rank G.I. Makarenko was fired from military service in September 2000. During the service, the officer himself chose to provide permanent housing (apartment) in Petropavlovsk-Kamchatsky, where he received an apartment through the Russian Ministry of Defense.

Thus, the Ministry of Defense fully fulfilled the obligations to ensure permanent housing G.I. Makarenko.

In 2000, after dismissal from the military service, Makarenko privatized the received apartment and sold, using the proceeds at his own discretion for personal needs.

In June 2001 G.I. Makarenko re -entered military service under the contract, which was held in Sevastopol, and tried to re -exercise the right to provide residential premises for permanent residence.

By the decision of the Novorossiysk Garrison Military Court in 2007, Makarenko was rejected repeatedly to his need for residential premises for permanent residence. At the same time, in 2009, G.I. Makarenko, the cassation ruling of the same court, was recognized as those in need of the receipt of office premises.

In December 2009, the officer quit military service in the reserve for health reasons and got a job as a civilian employee to the editorial office of the naval newspaper. For the period of labor relations G.I. Makarenko, in accordance with the norms of Russian housing legislation, a service apartment was provided in April 2013 G.I., Makarenko was dismissed from work after the deadline for the employment contract and terminated labor relations from the Russian Ministry of Defense, but did not exempt the official residential premises.

From December 1, 2015, the family of G.I. Makarenko in the administration of the city of Sevastopol was registered with citizens who need residential premises for permanent residence.

The decision of the Gagarinsky district court of the city of Sevastopol in 2016 G.I. Makarenko was obliged to free an office apartment. Moreover, G.I. Makarenko never disputed this court decision.

Russian legislation does not allow to reneglect the contract of hiring of a dwelling to be released by court decision. ”

It obviously follows from the answer that the Ministry of Defense does not intend to provide housing to Captain Makarenko. And this is legal. However, the request to provide an apartment for the captain is not discussed. The editors asked to consider the possibility of providing official housing to his wife - the current civil servant of the Ministry of Defense.

The footnote that “Russian legislation does not allow renegotiating the rental agreement to be released by court decision” looks strange because it is possible to provide other housing.

Here we can say: well, since legal grounds for receiving an apartment exist, why did Maria Chugunova contact the newspaper, and not to the responsible divisions of the Ministry of Defense? And she turned. On August 9, 2017, the deputy chief of the 1st department of the FSKU Ugregionzhilier N. Kononov in writing answered her in writing: “This issue [on the provision of housing] is under permission of the Department of Housing of the Ministry of Defense.” The department, in turn, said: “To consider the issue of providing an office dwelling, you need to contact the territorial department of the FGKU Ugregionzhilier after the actual release of the specialized residential premises you occupy”.

It turns out that only eviction on the street can guarantee. And the provision of other housing is not guaranteed.

The editors of Novaya Gazeta re -appeal to the deputy Minister of Defense of the Russian Federation Timur Ivanov. We ask us to consider the possibility of providing official housing for civil servant of military unit 63876 of the Black Sea Fleet of the Russian Federation Maria Chugunova. She, in addition to two children and a sick husband, 20 years of experience in the Ministry of Defense of the Russian Federation. Not a single reprimand. Is it really easier to evict?