Orphans will be able to receive 1.5 million rubles to buy housing

Orphans will be able to receive 1.5 million rubles to buy housing

Let us remind you that now orphans who are 18 years old must receive an apartment from the state. By law, regional authorities are obliged to allocate it from the special housing stock. But this does not always happen on time. Sometimes you have to wait for the desired apartment for years.

“As of January 10, 2021, the total number of orphans who must be provided with living quarters is 279,260,” says the explanatory note to the bill. — Of these, 191,004 are people whose right to housing has occurred, but has not been realized (from 18 years of age and older).

And this despite the fact that regions are provided with a federal subsidy every year to provide orphans with apartments. For 2021 alone, more than 7.7 billion rubles have been allocated for these purposes. In 2021 and 2022 there will be the same amounts.

“Given the number of orphans in need of housing, the bill proposes to expand the forms and mechanisms of providing them,” explain the authors of the bill. — It is proposed to issue a state housing certificate - a personal document certifying the right to a one-time payment for the acquisition of ownership of residential premises.

The payment of state housing certificates will amount to approximately 1,487.3 thousand rubles. Based on: 33 sq. m. per person. The approximate average cost per square meter is 45,068 rubles. (This is the average figure for Russia for 2021 according to the Ministry of Construction).

The bill also introduces the obligation of orphans to inform the authorities about their actual location. This will need to be done once every six months. If the deadlines are violated, orphans may be excluded from the list for an apartment, but will retain the right to apply again. Why was such a rule required? Often local authorities simply do not know where to look for an orphan who has the right to an apartment. The apartment seems to have been purchased for him, but is standing idle. And such cases occur in 66 regions of the Russian Federation.

What else does the bill establish? A list of conditions under which it is impossible for orphans to live in the same apartment with their parents (who have been deprived of parental rights). Such conditions are proposed to include cases when these persons:

- suffer from chronic alcoholism or drug addiction

- have an unexpunged or outstanding conviction for serious or especially serious crimes

- have or have had a criminal record, have been subject to criminal prosecution for crimes against life and health, freedom, honor and dignity of the individual, sexual integrity and sexual freedom of the individual, against family and minors, the foundations of the constitutional order and security of the state, as well as against public safety. The exception is persons against whom criminal prosecution has been terminated on rehabilitative grounds.

Providing living quarters for orphans

Providing residential premises to orphans and children left without parental care, persons from among orphans and children left without parental care, persons who belonged to the category of orphans and children left without parental care, persons from among children- orphans and children left without parental care and have reached the age of 23 years, who are subject to provision of living quarters

Guarantees for orphans for the provision of living quarters are enshrined in the Federal Law of December 21, 1996 No. 159-FZ “On additional guarantees for social support for orphans and children without parental care.”

The procedure for providing residential premises to orphans is determined by the Law of the Kemerovo Region dated December 27, 2012 No. 134-OZ “On the provision of residential premises to orphans and children without parental care, persons from among orphans and children without parental care.”

Rules for compiling a list of orphans and children left without parental care, persons from among orphans and children left without parental care, persons who belonged to the category of orphans and children left without parental care, persons from among children- orphans and children left without parental care and have reached the age of 23 years, who are subject to provision of living quarters, approved by 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, persons from among children - orphans and children left without parental care, persons who belonged 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, who are subject to support residential premises, exclusion of orphans and children left without parental care, persons from among orphans and children left without parental care from the list in the subject of the Russian Federation at their previous place of residence and their inclusion in the list in the subject of the Russian Federation at the new place of residence."

Orphans

- persons under the age of 18 whose both or only parents have died.

Children left without parental care

, - persons under the age of 18 who were left without the care of a single parent or both parents due to the deprivation of their parental rights, restriction of their parental rights, recognition of parents as missing, incompetent (partially capable), declaring them dead, establishment of the fact by the court loss of parental care by a person, parents serving a sentence in institutions executing a sentence of imprisonment, being in places of detention of suspects and accused of committing crimes, parents avoiding raising their children or protecting their rights and interests, parents refusing to take their children from educational organizations, medical organizations, organizations providing social services, as well as in the event that the only parent or both parents are unknown, in other cases of recognizing children as left without parental care in the manner prescribed by law.

Persons from among orphans and children left without parental care

, - persons aged 18 to 23 years, who, when they were under the age of 18, both or only one parent died, and also who were left without the care of one or both parents.

Persons who have reached the age of 23 years,

- persons who belonged to the category of orphans and children left without parental care, and in accordance with the legislation of the Russian Federation had the right to priority provision of residential premises under a social tenancy agreement, but were not registered in the prescribed manner as those in need of improvement of living conditions or those in need of residential premises and did not exercise this right as of January 1, 2013 or after January 1, 2013, had the right to be provided with residential premises from a specialized housing stock under lease agreements for specialized residential premises, but were not included in list.

Residential premises are provided one-time to orphans who are not tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises, as well as orphans who are tenants of residential premises under social tenancy agreements or members families of the tenant of residential premises under a social tenancy agreement or the owners of residential premises, if their residence in previously occupied residential premises is considered impossible.

Residential premises of a specialized housing stock are provided under rental agreements for specialized residential premises according to a list of orphans.

The list includes orphans who have reached the age of 14,

in order of priority depending on the date of birth
in the municipality where they are registered at the place of residence.
List of documents to be included in the list

To the application for inclusion in the list of orphans and children left without parental care, persons from among orphans and children left without parental care, persons who belonged to the category of orphans and children left without parental care, persons from the number of orphans and children left without parental care and have reached the age of 23 years, who are subject to provision of living quarters, the following documents are attached:

1. A copy of the birth certificate of an orphan, a person from among the orphans.

2. A copy of the passport of a citizen of the Russian Federation or another identification document (military ID, temporary ID issued in place of a military ID, or identity card (for persons undergoing military service), temporary ID of a citizen of the Russian Federation issued for the period of registration of the passport ) orphans, persons from among orphans.

3. A document indicating that a minor citizen has been declared fully capable (emancipated), in the event of an application to be included in the list of an orphan who has acquired full legal capacity before reaching the age of 18 years.

4. A copy of the insurance number of the individual personal account of an orphan, a person from among orphans (if available).

5. Identity document or other identification document (military ID, temporary ID issued in place of a military ID, or identity card (for persons undergoing military service), temporary ID of a citizen of the Russian Federation issued for the period of registration of a passport ), or an identity document of the applicant’s representative, who is a foreign citizen or stateless person, recognized by the Russian Federation in this capacity, the legal representative of an orphan.

6. A copy of a document confirming the powers of the legal representative of an orphan, a person from among the orphans.

7. A copy of the power of attorney of a representative of a person from among orphans, executed in the manner prescribed by the legislation of the Russian Federation.

8. A copy of a document confirming the loss (absence) of parental (sole parent) care: act of abandonment of the child; a court decision to deprive a parent (parent) of parental rights or restrict a parent (parent) in parental rights in relation to a citizen; death certificates of parents (parent); court decision recognizing the parents (parent) as missing (absent); court decision declaring the parents (parent) incompetent (incompetent); a certificate from the civil registry office confirming that information about the father is included in the child’s birth certificate at the request of the child’s mother, and other documents confirming the loss (absence) of parental (sole parent) care.

9. Certificate of completion of stay in educational organizations, social service organizations, healthcare institutions and other institutions created in accordance with the procedure established by law for orphans and children left without parental care, completion of vocational education, completion of military service under conscription , completion of serving a sentence in correctional institutions (if there are written applications from orphans, persons from among orphans for the provision of residential premises upon completion of their stay in educational organizations, social service organizations, healthcare institutions and other institutions created in the manner prescribed by law for orphans and children left without parental care, completion of vocational education, completion of military conscription service, completion of serving a sentence in correctional institutions).

10. Act of the guardianship and trusteeship authority on placing a child under supervision in an organization for orphans and children left without parental care, or under guardianship (trusteeship).

11. Documents confirming the impossibility of living in previously occupied residential premises (decision on the impossibility of living for orphans and children left without parental care, persons from among orphans and children left without parental care, in previously occupied residential premises, by employers or family members of employers under social tenancy agreements or whose owners they are), issued in the manner established by the Government of the Kemerovo Region - Kuzbass (if any).

12. Documents confirming registration at the last place of residence, stay in an organization for orphans and children without parental care: certificate of stay in an organization for orphans and children without parental care (if available). Documents are accepted within 3 months from the date of issue.

13. A copy of the social tenancy agreement for residential premises or other documents confirming the right to use residential premises on the terms of social tenancy (if any).

14. Certificate from the body carrying out state registration of rights to real estate on the presence or absence of residential premises on the right of ownership of the citizen on the territory of the Russian Federation (persons born before November 19, 1998 independently submit information from the body that carried out the registration of rights to real estate before 11/19/98, on the presence or absence of ownership of residential premises).

15. Title documents for residential premises where the person in respect of whom the issue of inclusion in the list of orphans is being decided is/was registered, if there is no information in the Unified State Register of Real Estate about previously registered residential premises available to the citizen (if any).

All documents are submitted in copies with the simultaneous presentation of the original. A copy of the document, after checking its original, is certified by the person accepting the documents.

A complete package of documents can be submitted to:

1. to the housing committee of the Kemerovo city administration at the following addresses:

• ave. Sovetsky, 54, reception of citizens, office. 121, during reception hours: Monday from 9.00 to 11.00, telephone: 58-40-76, 58-04-16 (reception of citizens registered in the Central and Kirov districts of Kemerovo);
• Kemerovo, st. Karbolitovskaya, 7, room. No. 27, during reception hours: Monday from 09.00 to 17.00, lunch from 13.00 to 14.00, telephone: 75-35-47;
• Kemerovo, blvd. Stroiteley, 34, office. No. 17, during reception hours: during reception hours: Monday from 09.00 to 17.00, lunch from 13.00 to 14.00, telephone: 51-53-87;
• Kemerovo, ave. Shakhterov, 45a, office. No. 11, during reception hours: Monday from 09.00 to 17.00, lunch from 13.00 to 14.00, phone: 64-35-21.

2. MFC (multifunctional center)

at the addresses: st. Kirova, 41 “a”, Recordnaya st., 2 “v”, blvd. Pionersky, building 3, reception hours: Tuesday from 09.00 to 20.00, Wednesday – Friday from 09.00 to 19.00, without lunch, Saturday from 09.00 to 18.00.

Without middle name

It is planned to restore order by 2022, said Svetlana Orlova, auditor of the Accounts Chamber, during an expert round table. Now the very system of supporting orphans sometimes prevents them from getting back on their feet. After leaving the orphanage, they wait for years for housing provided by law and cannot move to another city to find work. “We have secured him (the orphan - editor's note), and he cannot move anywhere, otherwise he will lose the right to housing. We haven’t given them an apartment for years, and we restrict them from moving,” the auditor said. Often the wait for housing goes on and on, when the orphans have long since received an education, started families, and given birth to children.

This “serfdom” operates simply because only municipalities can now track queues, and there is no single database in Russia.

Housing for orphans must be purchased by municipalities, and subsidies are transferred from the federal budget. But there is simply no new housing in many small towns - it is not profitable for developers to work there, and secondary housing is of very low quality. “The municipality reports that it has provided the child with housing, but when we go to the site to check, we find a collapsed house there,” said the director of one of the orphanages.

Perhaps there is not enough money somewhere. According to experts, more than 160 billion rubles are additionally needed. Subsidies from the federal budget could be increased, Orlova says.

But the main problem is not money, but the organization of the process. First, you need to conduct a complete audit of the system throughout the country and at the same time minimize risks. That is, we need guarantees for the subsequent socialization of orphans. For example, they need to provide housing where they can actually find work, and not in a remote village.

Ultimately, the situation in each region depends on the political will of its leader, experts concluded. There are regions that are reducing the queue for housing, and there are those where orphans have been waiting for apartments for decades.

“It’s impossible to allocate money and still not solve the problem. Regions must understand that they are responsible for providing housing to orphans, and not for using the subsidy received,” Orlova emphasized.

The first step will be to create a unified database of orphans in need of housing; it is also expected to establish records and ensure the safety of housing assigned to orphans, to make more rational use of the existing housing stock and to build a new one.

Then changes to the legislation will be made. For example, it is possible to reduce the prohibition on orphans from managing the housing provided to them from five years to one year. Now, because of these restrictions, for five years many families cannot sell their apartments and combine living space, expand it, and cannot move to another city. Municipal authorities are capable of monitoring orphans and assessing risks.

Also, for those orphans who have been waiting for their turn for a long time, a housing certificate can be introduced so that they can select and buy housing for themselves. The Accounts Chamber is currently working on this mechanism. It can be introduced on a voluntary basis, similar to maternity capital, primarily for those who already have families and children, Orlova explained. Orphans will be able to use this certificate to purchase housing, improve their living conditions, including paying off a mortgage.