Orphans will be able to receive a certificate for the purchase of housing from January 1, 2021

The state is obliged to provide its citizens with social guarantees. This is the main purpose of its creation and existence. First of all, this circumstance manifests itself when it comes to the most vulnerable. And among them are children who, due to various circumstances, were left without parental care.

One of the most difficult problems for young citizens in this category is acquiring their own housing. Will apartments be allocated for orphans in 2021, and how can a young person of this category get one? More on that later in the article.

Definition of orphan

People find themselves in different situations. Therefore, we will define the concept of orphan as it is interpreted by current legislation. This category includes young citizens who have not celebrated their 18th birthday, and whose both or only parents have died. There is also the concept of children left without parental care - these are persons under the age of 18 who are left without parental care due to:

• deprivation of parental rights;
• restrictions on parental rights;
• recognition of parents as missing;
• recognition of parents as incompetent (limitedly capable);
• declaring parents dead;
• the court establishing the fact that a person has lost parental care;
• parents serving their sentences in institutions that carry out imprisonment;
• being in places of detention of suspects or accused of committing a crime;
• evasion of parents from raising their children or from protecting their rights and interests;
• refusal of parents to take their children from educational, medical, social organizations;
• if the only parent or both parents are unknown;
• in other cases.

The child is assigned an official status:

• orphans;
• a child left without parental care.

This work is carried out by the state guardianship authorities of the local administration. Only after recognition of their status and receipt of the appropriate document can a small citizen of a large country count on state support, including housing for orphans.

Important: two circumstances are important for assigning a category:

• inability to receive care and financial support from parents for these reasons (or others - decided on an individual basis);
• not reaching the age limit (18 years).

Amount of benefits in Moscow, St. Petersburg, in the regions

According to the regional program for providing benefits to orphans in Moscow, additional discounts were provided for housing and communal services (orphans do not pay their share of utility bills). All kinds of payments have also been established, but they do not apply to orphans after 23 years of age. As for orphans over the age of 23 specifically, if they have children while they are studying or are also married to an orphan, they are entitled to a monthly allowance of 2,100 rubles for each child.

St. Petersburg also provides additional benefits and compensation, however, they are also allocated to orphans until they turn 18 years old.

The size of the survivor's pension is set as follows:

• 9919 rubles (for those who have lost both parents or a single mother),
• 4960 rubles (for those who have lost one parent).

Basic laws and the need to change them

The legislative acts on which experts rely when resolving the issue are as follows:

1. Federal Law No. 159-FZ “On additional guarantees for social support for orphans and children left without parental care.” Date of adoption: 12/21/1996 (last modified 12/31/2014).
2. Decree of the Government of the Russian Federation dated 04.04.2019 No. 397 “On the formation of a list of orphans and children left without parental care...”.

Previously, the rules for providing orphans and equivalent square meters looked like this:

• they were not put in a queue, but were immediately given the premises that the municipality had;
• there were no specific rights proceedings;
• if an orphan has not been provided with housing before his 23rd birthday, he is removed from the register;
• The living space was registered as social rent.

During the investigation of various situations, it was found that such rules open up opportunities for fraud. In particular, young people who received “free” living space:

• they sold it, seduced by something less valuable, but currently desirable;
• transferred to scammers under the influence of their pressure.

Download for viewing and printing:
Federal Law No. 159-FZ “On additional guarantees for social support for orphans and children without parental care”

Important: changes adopted in 2014 stopped the possibility of fraud in relation to the apartments of young orphans.

Typical design mistakes

Mistake #1. An orphan, who is 23 years old, is applying for a social pension, studying at the institute on a part-time basis.

The right to benefits is reserved for an orphan if he or she enrolls in an institution of secondary vocational or higher education exclusively for full-time study.

Mistake #2. An orphan who has reached the age of 23, after receiving a diploma of higher education, entered a university to receive a second higher education and applies for government support measures on the basis that he continues his full-time studies.

Benefits and payments are assigned to the orphan until the end of his studies if he receives his first education.

Who is entitled to housing from the state?

According to the legislation in force in 2021, municipalities provide housing for orphans and citizens deprived of parental care.
They are supposed to be given apartments from the social fund, if there is one. Important: an orphan’s living space can be replaced with a certificate for earmarked funds. They can only be spent on purchasing housing. The mechanism for providing houses to citizens of this category has undergone major changes. They touched on almost all aspects of the issue, except for the main one - the recipient of state aid.

Age restrictions

In 2021, housing will be provided to young people who meet the following criteria:

• has the status of an orphan or a child deprived of parental care;
• The citizen’s age must be between 18, but it is possible to obtain housing earlier;
• this person officially announced that he needed government support to solve the housing problem.

Each of the criteria is equally important. If you do not comply with at least one, then the state will relieve itself of responsibility for where the orphan will live. Moreover, this will turn out to be a completely legal act.

An orphan standing in line for an apartment remains there until his right to state support is fully realized. Even after he celebrates his 23rd birthday. It can be removed from the queue only after:

• provision of residential premises in ownership or under a social tenancy agreement;
• loss of the basis for providing comfortable residential premises;
• inclusion in the list in another subject of the Russian Federation in connection with relocation;
• termination of citizenship;
• death or declaration of death.

Property criteria

The next gap corrected by the legislator is related to property law.
At the date of adoption of this act (1996), this institution had not yet been developed in the Russian Federation, therefore it was not taken into account in the old version of the law. Now the fraud hole has been fixed. Before an orphan is given housing, his other property rights are carefully checked. Download for viewing and printing: Housing Code of the Russian Federation

The beneficiary must meet the following criteria:

• not be a tenant of residential premises under social tenancy agreements;
• not be the owner of the residential premises;
• recognition of the impossibility of living in occupied residential premises under a social tenancy agreement or by right of ownership. This includes the following circumstances:

• residence in such premises on a legal basis of persons deprived of parental rights in relation to such children;
• residence in such premises for persons suffering from a severe form of a chronic disease, in which living together with them is impossible.
• the residential premises are declared unfit for habitation;
• the area of ​​living space per person living in it is less than the accounting norm. The accounting rate is calculated taking into account the beneficiary's move into the premises;
• other circumstances that may be established by the law of the constituent entity of the Russian Federation.

Important: each of the listed circumstances must be documented. Simply announcing it is not enough.

When the right to payments ceases

If, upon reaching the age of 23, an orphan is not studying full-time at a secondary vocational or higher educational institution, he is deprived of the right to all benefits that applied to him after the orphan reached the age of majority. If a child enters a university, upon graduation he is also deprived of benefits and payments, since now he is able to get a job and support himself.

Benefits and social guarantees are assigned to an orphan after the age of 18 if there is a medical report and he is recognized as a disabled person of any group.

It happens that disability is assigned temporarily, until the person fully recovers. In this case, if an orphan with a disability group enjoyed privileges until the moment when the medical commission established the fact of his recovery, from that moment he is also deprived of the rights to state preferences for orphans.

How housing provision is implemented in practice

The housing issue of citizens of this category begins to be resolved subject to:

• reaching their 18th birthday;
• upon completion of stay in educational organizations, social service organizations, medical organizations, and other organizations;
• after completing vocational education, vocational training;
• after completing military service under conscription;
• after serving a sentence in correctional institutions;
• recognition by law as fully capable before the age of majority (a rare case).

Attention: it is strictly prohibited to provide citizens of this category with a room in a communal apartment.
Housing must be separate. The procedure for transferring housing has been improved so that it cannot be transferred to other hands (including scammers). Now the process looks like this:

1. According to the changes made, a young citizen who meets all the criteria is provided with an apartment (house) under a rental agreement.
2. This document has a limited validity period: exactly five years.
3. After the expiration of the specified period, the rental agreement can be concluded for a period of five years again an unlimited number of times. This procedure is established if circumstances are identified that indicate the need to provide assistance in overcoming a difficult life situation. The procedure for identifying such circumstances is established by the law of the subject of the Russian Federation.
4. Upon expiration of the contract term and in the absence of circumstances indicating the need to provide assistance in overcoming a difficult life situation, the housing goes into the owner’s indefinite use.

Important: The right to provide housing is reserved for persons who belong to the category of orphans and children left without parental care, persons from among orphans and children left without parental care, and have reached the age of 23 years, until they are actually provided with residential premises.

Application and documents

Due to the fact that providing orphans with apartments and other separate housing is the responsibility of the regions, they themselves develop procedures for working with this category of citizens.
In particular, they assign work in this area to different departments. As a rule, this is handled by the guardianship and trusteeship authority. You need to submit an application to the government agency. As a rule, people are added to the list of those in need of housing upon reaching 14 years of age, but if this has not been done, they can be placed on the waiting list even after reaching 18 years of age. The application may be submitted by the legal representative of such a child, by the guardianship authorities if the legal representatives improperly perform their duties, or by the beneficiary independently.

You should go to the administration with the following documents (and copies):

• statement;
• passport of a citizen of the Russian Federation (also photocopy the page with registration);
• birth certificate;
• a social tenancy agreement for residential premises or other documents confirming the right to use residential premises on the terms of social tenancy (if any);
• a document confirming the authority of the legal representative;
• power of attorney of the applicant's representative;
• documents confirming the impossibility of living in the previously occupied residential premises. Such evidence must be prepared in accordance with the procedure established by law;
• a document confirming the loss (absence) of parental (sole parent) care.

The main package is described above. Some regions may require additional documents. It depends on the established rules. In addition, federal legislation does not say anything regarding the application form, but a list of information has been approved that should be reflected in it. In principle, you can compose it at your own discretion. However, a region may develop its own form of this document. It is advisable to check this with an administration specialist.

Important: when visiting the administration, be sure to have all original documents with you.

From January 2021, not only orphans themselves, but also their legal representatives can submit these applications. If, after 3 months from the moment the orphan child turns 14, the latter do not do this, such a right arises with the guardianship authorities.

About the queue for orphans

Registration of all children in this category is carried out by state agencies of guardianship and trusteeship.
In particular, civil servants carefully monitor compliance with the housing rights of orphans. Those who need apartments are put on a waiting list. It is formed on the basis of data on the date of birth of orphans registered by the relevant authority. When a young person initiates the issuance of housing, he ends up in the queue for the place where the specialist from the guardianship and trusteeship authority has placed him. He will receive an apartment immediately after the demands of the citizens registered in front of him are satisfied.

Important: changes in the law abolished the extraordinary distribution of housing to orphans. Now their demands are met depending on the capabilities of the municipalities.

From January 2021, the procedure for registering orphans in housing has changed. Now registration can be carried out from the moment the orphan or child without parental care turns 14 years old. The responsibility for setting them rests with legal representatives. And in case of inaction of the latter within 3 months after the ward turns 14 years old - to the guardianship authorities. From the age of 18, an orphan can apply in person for registration.

Benefits in the field of education

Orphans apply for preferences from the state in the field of education.

Budget place in master's program

An orphan child has a priority right to enroll in a university, without having to pass entrance exams. To do this, he just needs to score a passing Unified State Exam score.

After receiving a specialist or bachelor's degree, an orphan does not lose the opportunity to receive a budget-funded place outside of competition in a master's program.

During the training process, the orphan receives an increased stipend. The state pays for food, clothing, and stationery.

Lawyer's advice to an orphan

Young people growing up in boarding schools often have no idea about their own rights.
Another option is that they don’t understand where to go to get them implemented. But there is no one to advise, there are no relatives. The algorithm of actions is simple.

1. After the 18th birthday (at another time, but as close to this date as possible), you should go to the guardianship and trusteeship authority, where the young man is registered. And he is in the region from which this little citizen was sent to a boarding school.
2. The specialist of the required body needs to report your problems.

Important: it should be taken into account that the guardianship authorities employ civil servants, whose main responsibility is to ensure the fulfillment of the rights of children who are left without parental support and to protect their interests. They receive a salary for this.

1. These civil servants are obliged to make every effort to help the applicant in solving his problems. That is, they will tell you:
   where to write an application;
2. how to compose it;
3. what papers to collect;
4. other, depending on the situation.

In case of refusal of assistance (continuation of lawyer's recommendations)

If the guardianship and trusteeship authority refuses to answer questions, then you can complain about them:

• management (this is in the local administration);
• superior organization (ministry of the relevant region);
• to the prosecutor's office.

Important: the competence of the prosecutor's office includes supervision of the work of the executive authorities. They carefully ensure that orphans are provided with everything that is required by law.

We form the initial price of the contract

In Part 6 of Art. 22 44-FZ states that to determine the initial (maximum) contract price (NMCP), the priority is the method of comparable market prices. To analyze the market, you need to take the initial data - current market prices per square meter, which are obtained from publicly available sources, and not the standards in the regions.

In Part 21.1 Art. 22 44-FZ states that the specifics of forming the price of a contract with a single supplier when purchasing residential premises are established by Federal Law 161-FZ of July 24, 2008 on promoting the development of housing construction.

Explanations on the topic

About the author of this article

Dmitry Sidaev Higher and specialized education in procurement: KhSUEP, diploma with honors in the specialty “Jurisprudence” and GAPM named after. N.P. Pastukhova, diploma with honors in the program “Procurement Management”. Author and ideological inspirer of the projects “GoodWin Project: Tenders made simple” and “Antidote 44-FZ: a cure for headaches in procurement.” Trains in procurement under 44-FZ, advises suppliers and customers, works as a guest manager of the tender department. Invited expert in many projects on public procurement.

Other publications by the author

• 2021.12.27223-FZ Non-competitive procurement from SMEs under 223-FZ will be carried out in the form of an electronic store
• 2021.12.27EISNew registration procedure in the EIS for customers
• 2021.12.23223-FZMemo to government purchasers: what needs to be done in December under 44-FZ and 223-FZ
• 2021.12.20 State Defense Order Changed the provision on the approximate terms of contracts for state defense orders

We accept an apartment

After accepting the apartment, you need to sign a deed. This document does not have an approved or unified form. It is necessary to reflect that:

1. One party transfers ownership, and the other party accepts the property.
2. The parties have no claims.
3. The obligations were fulfilled on time and in the manner specified in the government contract.

The act of acceptance and transfer of an object is a direct guarantee of the parties’ fulfillment of the obligations specified in the government contract.

We describe the property

There are no special rules for drawing up technical specifications for real estate purchases. Therefore, be guided by the general rules for describing the procurement object under Art. 33 44-FZ. We recommend describing the characteristics:

• housing requirements;
• total area of ​​the property;
• number of living rooms;
• engineering infrastructure;
• finishing;
• availability of metering devices.

Here is an example of a technical specification for the purchase of real estate from the Unified Information System with changes dated July 1, 2019.