Cite this article as:

Savchenko D. А. Constitutional Law of Military Servicemen for Housing: Questions of Legal Regulation and Implementation. Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2018, vol. 18, iss. 1, pp. 122-?. DOI: https://doi.org/10.18500/1994-2540-2018-18-1-122-124


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Constitutional Law of Military Servicemen for Housing: Questions of Legal Regulation and Implementation

Introduction. Military personnel belongs to the category of citizens to whom granting premises by the state is guaranteed. Guarantees of the housing rights of the military personnel are caused by their special status.In this article, the author focuses on the special status of servicemen and the realization of their right to housing. Discussion. Special legal status of the military personnel means legislative restriction of some of their rights and freedoms and also granting additional measures of social support. One of the most significant for the serviceman and members of his family of the social and economic rights can call the right for provision of housing.The examines some aspects of the legal regulation of housing rights of servicemen, examines the specifics of the realization of such rights. Within the framework of this article, the main problems of implementation practice in this area are formulated. Conclusion. The article analyzes the constitutional right of citizens to housing, the specifics of its implementation with regard to servicemen, examines some problems and contradictions in the legal regulation in this sphere.

References: 

1. On the status of servicemen. Federal law of 27.05.1998 No. 76-FZ (an edition of 01.07.2017, with amendment of 16.11.2017). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2004, no. 22, art. 2331; 2017, no. 27, art. 3945 (in Russian). 

2. The Constitution of the Russian Federation (adopted by the popular vote of 12.12.1993) (amended of 30.12.2008 No. 6-FKZ, of 30.12.2008 No. 7-FKZ, of 05.02.2014 No. 2-FKZ, of 21.07.2014 No. 11-FKZ). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398 (in Russian). 

3. Housing Code of the Russian Federation of 29.12.2004 No. 188-FZ (an edition of 31.12.2017). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2005, no. 1 (pt. 1), art. 14; Rossiiskaia gazeta [Russian newspaper], 2017, 22 December (in Russian). 

4. In the case on the verifi cation of the constitutionality of the provisions of paragraphs 2 and 14 of Article 15 of the Federal law «On the Status of Servicemen» and paragraph 8 of the Rules for the Issue and Repayment of State Housing Certifi cates within the framework of the implementation of the subprogram «State Housing Certifi cates» for 2004–2010 that is part of the federal target program «Housing» for 2002–2010, in connection with the complaints of several citizens. Resolution of the Constitutional Court of the Russian Federation of 05.04.2007 No. 5-P. Rossiiskaia gazeta [Russian newspaper], 2007, 11 April (in Russian). 

5. On the case of check of constitutionality of the paragraph of the fi rst paragraph 2 of article 15.1 of the Federal law «About the Status of the Military Personnel» in connection with the complaint of the citizen M. V. Fokin. Resolution of the Constitutional Court of the Russian Federation of 16.11.2017 No. 29-P. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2017, no. 48, art. 7300 (in Russian).

6. About the accumulative-mortgage system of housing support of servicemen. Federal law of 20.08.2004 No. 117-FZ (an edition of 29.07.2017). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2004, no. 34, art. 3532; 2017, no. 31 (pt. I), art. 4816 (in Russian). 

7. Mukhin V. Sudebnye izderzhki voennoi reformy [Legal costs of military reform]. Nezavisimoe voennoe obozrenie [Independent Military Review], 2012, 18 March, pp. 19–23 (in Russian).

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