ORDER OF THE MINISTRY OF DEFENCE OF UKRAINE

of June 19, 2014 No. 401

About approval of Changes in the Instruction about the organization of providing the military personnel of the Armed Forces of Ukraine and members of their families with premises

According to the resolution of the Cabinet of Ministers of Ukraine of August 3, 2006 to No. 1081 "About approval of the Procedure for providing the military personnel and members of their families by premises", the resolution of the Cabinet of Ministers of Ukraine of March 11, 2011 No. 238 "About the Unified state register of the citizens needing improvement of housing conditions" (with changes) and for the purpose of reduction of normative legal acts of the Ministry of Defence of Ukraine in compliance with the current legislation and enhancement of procedure for providing the military personnel of the Armed Forces of Ukraine and members of their families by premises I order:

1. Approve Changes in the Instruction about the organization of providing the military personnel of the Armed Forces of Ukraine and members of their families premises approved by the order of the Ministry of Defence of Ukraine of November 30, 2011 No. 737, registered in the Ministry of Justice of Ukraine on January 10, 2012 on No. 24/20337 (with changes), having been reworded as follows it which is applied.

2. Declare invalid the order of the Ministry of Defence of Ukraine of May 31, 2012 No. 367 "About approval of the Procedure for filling of form and submission of information in the Unified state register of the citizens needing improvement of housing conditions", registered in the Ministry of Justice of Ukraine on June 20, 2012 for No. 1019/21331.

3. This order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Defence of Ukraine of June 19, 2014 No. 401

The instruction about the organization of providing the military personnel of the Armed Forces of Ukraine and members of their families with premises

I. General provisions

1.1. This Instruction determines the organization:

accounting of the military personnel of the Armed Forces of Ukraine (further - AF of Ukraine) and the persons transferred to the reserve or resignation, who remained on accounting of the citizens needing improvement of housing conditions in AF of Ukraine (further - persons discharged from military service) (further - accounting);

providing AF of Ukraine with premises of the military personnel (except the military personnel of compulsory military service who is called up for military service in connection with mobilization and reservists), and also persons discharged from military service, and members of their families, including members of families of the military personnel who died, died, were missing during passing of military service, the persons staying on the registry needing improvement of housing conditions (further - members of families of the military personnel);

procedure for provision of living space in hostels;

procedure for lease and payment of leased premises in AF of Ukraine;

payment procedure of monetary compensation to some categories of the military personnel for the sublease (employment) of premises by them;

procedure for provision of places in specially adapted barracks in arrangement of military unit;

procedure for creation and work of the housing commissions;

control of distribution of premises in AF garrisons of Ukraine, check of correctness of registration of accounting cases of the military personnel and persons discharged from military service, needing improvement of housing conditions.

1.2. The organization of providing the military personnel, persons discharged from military service and members of their families premises consists in determination of powers of officials of the Ministry of Defence of Ukraine (further - MO of Ukraine) and AF of Ukraine, the rights and obligations of the military personnel, persons discharged from military service, members of their families in case of the solution of housing questions.

1.3. Providing with premises is performed in the way:

provisions of office premises by the serviceman;

provisions for permanent residence once during the whole time of passing of military service of premises new, excluded from office, released or acquired at physical persons or legal entities to the military personnel and persons discharged from military service who are on room accounting in the last place of passing of military service;

provisions with the consent of the serviceman of the credit or monetary compensation for the premises ought to it for obtaining;

participations of the military personnel and members of their families in the state target programs of providing citizens with affordable housing according to the legislation (at will);

provisions of living space in hostels to cadets and the military personnel and workers of AF of Ukraine;

provisions of places in specially adapted barracks in arrangement of military unit to the military personnel who passes military service under the contract and are not married;

leases of premises by the serviceman of officers.

1.4. Housing for permanent residence is provided to the military personnel having period of service on military service of 20 years and more and members of their families.

Military personnel who was on accounting of the citizens needing improvement of housing conditions till January 1, 2005 (entry into force of the Law of Ukraine of June 24, 2004 No. 1865-IV "About introduction of amendments to article 12 of the Law of Ukraine "About social and legal protection of the military personnel and members of their families") are provided with premises for permanent residence according to earlier established legislation rather - without period of service on military service.

1.5. Military personnel and members of their families are recognized needing improvement of housing conditions in accordance with general practice according to requirements of the current legislation.

1.6. For the purpose of observance of requirements of the current legislation when accounting the military personnel, persons discharged from military service and members of their families needing improvement of housing conditions, distributions of the living space intended for permanent residence, participation in distribution of office premises and control of use of premises in bodies of military management, military units, military educational institutions, organizations and the organizations (further - military units), garrisons the housing commissions are created.

1.7. The list of residential objects which are supposed to be financed in the current year by means of the Government budget of Ukraine prepares Capital construction department of the Ministry of Defence of Ukraine (further - DKS MO of Ukraine) taking into account perspective structure of AF of Ukraine and is approved by the chief of the General Staff - the Commander-in-chief of the Armed Forces of Ukraine, the head room and operational department of the Armed Forces of Ukraine (further - GKEU of AF of Ukraine) then affirms the order of the Ministry of Defence of Ukraine (further - the List) in accordance with the established procedure.

1.8. The list is brought to the attention of territorial room and operational administrations (further - TKEU) GKEU of AF of Ukraine in ten-day time from the date of its approval by the Minister of Defence of Ukraine. TKEU bring the List to subordinate room and operational departments or room and operational parts (areas) (further - KEV (KECh) of areas) in seven-day time from the date of its obtaining.

KEV (KECh) of areas bring the List to the attention of chiefs of garrisons which are in zone of their responsibility, in three-day time from the date of its obtaining.

Based on the received List of KEV (KECh) of the area together with the chief of garrison and the chairman of the garrison housing commission prepare offers for GKEU of AF of Ukraine on the number of office premises which is determined by the decision of the Minister of Defence of Ukraine by each house which is planned to commissioning in garrison. After signing by specified persons the specified proposals are submitted in GKEU of AF of Ukraine not later than month before input of houses in operation.

GKEU of AF of Ukraine carries out the analysis of the received offers and represents the report to the Minister of Defence of Ukraine about determination of number of office premises and premises for permanent residence in each of houses of this garrison with reasons for possible disagreements between proposals of chiefs of garrisons and GKEU of AF of Ukraine (in case of their availability).

After approval of offers by the Minister of Defence of Ukraine of GKEU of AF of Ukraine brings them in seven-day time to the attention of the chief of TKEU who in turn brings them to the attention of chiefs of subordinate KEV (KECh) of areas in two-day time from the date of their obtaining.

In ten-day time from the date of receipt of the decision of the Minister of Defence of Ukraine the order of the chief of garrison in which the decision of the Minister of Defence of Ukraine on determination of number of office premises and premises for permanent residence in garrison is brought to the attention of staff of garrison is issued. In the same order, based on accounting data on the number of persons needing improvement of housing conditions the percentage of permanent premises which is planned to distribution in general queue, out of turn and first of all is determined.

The draft of the specified order prepares area KEV (KECh) in coordination with the housing commission of garrison and the assistant to the chief of garrison on legal work.

The specified amounts are adjusted in the same way in case of modification of the List.

1.9. Premises which are exempted by the military personnel and persons exempted from military service in connection with provision of other premises by it at the expense of MO funds of Ukraine irrespective of accessory of houses are distributed between the military personnel and persons exempted from military service, needing receipt of premises in this garrison. The question of the status of these premises (office or permanent) in MO of Ukraine is determined by the Minister of Defence of Ukraine, and in military unit of A0515 (concerning dwelling stock of military unit And 0515) - the commander of military unit of A0515.

The proposals on distribution of these premises approved with the garrison residential commissions are submitted by chiefs of KEV (KECh) of the area together with chiefs of garrisons for consideration of the commission on control of distribution of premises in AF garrisons of Ukraine together with lists of the military personnel and persons discharged from military service, needing receipt of premises and their accounting cases.

1.10. The military personnel in case of acceptance on accounting and during stay on it and persons discharged from military service and the members of their families staying on the registry in AF of Ukraine in case of absence at them in this settlement of premises, before receipt of premises has the right to be registered in military unit on its location. In case of disbandment of military unit of person, transferred to the reserve or resignation, staying on the registry, have the right to be registered in the location of military commissariat which the military unit territorially treated.

Military personnel of separate divisions of military unit in case of acceptance on accounting and during stay on it and persons discharged from military service and the members of their families staying on the registry in AF of Ukraine in case of absence at them in this settlement of premises, before receipt of premises has the right to be registered in the location of the military unit determined by the chief of garrison. In case of disbandment of separate division of military unit of person, transferred to the reserve or resignation, staying on the registry, have the right to be registered in the location of military commissariat which this division territorially treated.

1.11. All questions connected with stay of the military personnel and persons discharged from military service on room accounting with providing them in living space and the size of premises, are solved in the place of passing of service by them, stay on accounting or judicially.

1.12. Military personnel and members of their families, persons interested to rise on room accounting or to receive the office housing, persons discharged from military service and members of their families, persons interested to receive housing for permanent residence, provide to secretaries of the housing commissions of military units permission to processing of the personal data which joins accounting case. The same permission to processing of personal data is provided by members of families of the military personnel, the died (dead) or missing persons during passing of military service which are on room accounting and wish to receive housing for permanent residence.

Officials of military units, room and operational bodies and members of the housing commissions by consideration of questions concerning transfer on room accounting, modification of accounting case, distribution of office premises or premises for permanent residence shall take measures for personal data protection of the military personnel, persons discharged from military service and members of their families according to requirements of the legislation. Officials of military units, room and operational bodies and members of the housing commissions are responsible for preserving personal data according to the legislation.

II. Accounting of the military personnel, persons discharged from military service, members of their families needing improvement of housing conditions

2.1. Accounting of the military personnel, persons discharged from military service and members of their families needing improvement of housing conditions is conducted in room and operational bodies, military units and garrisons. The generalized lists of persons staying on the registry of all military units are in GKEU of AF of Ukraine.

2.2. If the military unit is constantly deployed in one garrison, and separate divisions of this military unit are located within responsibility of other garrison, the military personnel of these separate divisions is enlisted on room accounting by the residential commission of one of military units within responsibility of garrison where the separate division is located.

The military unit in which the military personnel of separate divisions has the right to stay on the room registry is determined by the order of the chief of garrison in coordination with area KEV (KECh) every two years.

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