The concept of “specialized houses” was first used in the Law on the Fundamentals of Federal Housing Policy (Article 1). Many of these objects were not previously included in the housing stock (for example, boarding houses for the disabled) before the adoption of this Law. The legal regime of specialized houses differs significantly from legal regime other houses social use Therefore, issues of their provision and use are resolved mainly by special legislation, which is loosely related to housing legislation.
Specialized houses are designed for living individual categories citizens in the manner and under the conditions established Housing Code, other legislation Russian Federation and constituent entities of the Russian Federation.
Specialized residential buildings (residential premises), in addition to the hostel, include: hotels-shelters; flexible fund houses; boarding homes for the disabled, veterans, lonely elderly people; a specialized fund for refugees and internally displaced persons; other special residential buildings(Living spaces).
Residential buildings (residential premises) of a flexible stock. Maneuverable stock is part of the housing stock (usually separate apartment buildings) intended for temporary residence of citizens. The maneuver fund is created by the decision of the head of the local administration. Flexible housing stock is formed by including in its composition residential buildings, intended for temporary residence of citizens who are relocating in connection with major repairs (during its implementation) of the house and (or) residential premises that are their place of residence. The flexible fund can include both entire residential buildings and separate residential premises in ordinary houses.
Residential premises of the mobile stock must meet sanitary, fire, environmental, urban planning and technical requirements. Inclusion and exclusion of residential buildings in the flexible fund. from this fund are made by decision of the head of the local administration. In exceptional cases, commercial and non-profit organizations have the right, in agreement with the local administration, to create a flexible fund. Living space in a maneuverable fund is not subject to exchange, division, reservation, privatization, purchase and sale.
Residential premises in the flexible fund are provided to citizens for use:
In connection with major repairs of residential premises occupied by them under a rental agreement or lease agreement, if the repairs cannot be carried out without relocating residents for the duration of the repairs;
In connection with the demolition of residential premises in which citizens live, before the provision (purchase) of another residential premises in accordance with the procedure established by law;
In connection with the resettlement from dilapidated (emergency) residential premises until the completion of repairs or the provision (purchase) of another residential premises in accordance with the procedure established by law;
In connection with the resettlement from the reconstruction area before receiving (purchasing) residential premises in accordance with the procedure established by law;
In other cases provided by law.
Residential premises of the maneuverable stock are provided by decision of the local administration, and residential premises of the maneuverable stock of commercial and non-profit organizations- a decision of the owner or a body authorized by him, which is agreed upon with the local administration body.
Citizens living in houses of the flexible fund pay for the occupied residential premises and utilities, if such payment is not paid for the premises being repaired.
The procedure for the provision of residential premises of the maneuverable stock and their use is established by the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation.
Use of the residential premises ceases after completion overhaul a residential building in which a dwelling is located, which is the object of a social or commercial tenancy agreement.
Living quarters in specialized houses for citizens who are the least socially protected (boarding houses for the disabled, veterans, lonely elderly people, etc.) are created and provided by federal, regional or municipal social protection authorities.
Such specialized houses are intended to accommodate citizens in need.
Specialized premises also include residential premises in houses of the social protection system and houses for other social purposes. Residential premises in specialized houses in the system of social protection bodies and houses for other special purposes are provided by the body by whose decision they were created, or on the basis of agreements with citizens in need.
Such specialized residential premises (residential buildings) are created, for example, for single pensioners. Thus, in Moscow, under the Committee for Social Protection of the City Population, the State Unitary Enterprise "Moscow Social Guarantee" ("Mossotsgarantiya") was created, under the jurisdiction of which are: in particular, specialized residential buildings (“social houses”) for single pensioners. They are inhabited by single citizens who have rented out their apartments under contracts to the city. In social residential buildings, citizens are provided not only with separate living quarters, but also with appropriate social services (canteen, medical services, laundry, hairdresser, etc.).
Termination of use of residential premises located in specialized houses occurs after the disappearance of the reasons and obligations for which these premises were provided (moving to permanent place residence with relatives, etc.), and on other grounds provided for by the legislation of the Russian Federation and the constituent entities of the Russian Federation.
Specially equipped residential premises occupied by disabled people in houses of state, municipal and public housing funds under a rental or rental agreement, upon release, are occupied first of all by other disabled people in need of improvement living conditions.(Clause 12 of the Rules for providing benefits to disabled people and families with disabled children, to provide them with living quarters, pay for housing and utilities, approved by Decree of the Government of the Russian Federation of July 27, 1996 No. 901). Disabled people living in inpatient special service institutions and wishing to obtain residential premises under a rental or lease agreement are registered to improve their living conditions, regardless of the size of the space occupied in inpatient social service institutions and are provided with residential premises on an equal basis with other disabled people. At the same time, previously occupied premises may be returned to them. The procedure for registering these persons and providing them with living quarters is determined by the executive authorities of the constituent entities of the Russian Federation (clause 10 of the Rules).
Shelter hotels are residential premises for overnight stays of persons without a fixed place of residence, providing them with the necessary household, pre-medical and social assistance. The procedure for registering accommodation and living conditions in a shelter hotel, the responsibilities of the parties are determined by the Regulations on shelter hotels. The hotel-shelter accepts persons without a fixed place of residence, applying independently or arriving at the direction of the internal affairs bodies and social protection of the population. Providing a place to stay overnight for persons without a fixed place of residence is carried out by the administration of the shelter hotel.
If there are available places, overnight accommodation can be provided for a fee to other categories of persons.
In some constituent entities of the Russian Federation, regular type hotels are also classified as specialized residential premises, that is, premises intended for temporary, short-term accommodation of citizens.
Use of hotels for permanent residence not allowed.
The procedure for accommodation, booking, registration and payment for hotel accommodation, the rights and obligations of the parties are determined by the rules for the provision of hotel services.
Residential premises in houses of the social service system are created and provided by federal, regional or municipal social protection authorities. Such specialized houses are intended to accommodate citizens in need.
Residential premises in houses of the social service system are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection with the provision of medical and social services (Article 96 of the Housing Code of the Russian Federation). The procedure and conditions for the provision of residential premises in houses of the social service system for the population and the use of such residential premises are established by federal legislation and the legislation of the constituent entities of the Russian Federation (Article 107 of the Housing Code of the Russian Federation).
The basic rules on social services for the population are established by the Federal Law of December 10, 1995 “On the fundamentals of social services for the population in the Russian Federation.” Social services are the activities of social services for social support, provision of social, social, medical, psychological, pedagogical, socio-legal services and material assistance, social adaptation and rehabilitation of citizens in difficult life situations.
Article 4 of the said Federal Law established three systems of social services: a) the state system of social services - a system consisting of both state enterprises and social service institutions, which are federal property and are administered federal bodies state authorities, and from state enterprises and social service institutions that are the property of the constituent entities of the Russian Federation and are under the jurisdiction of state authorities of the constituent entities of the Federation; b) municipal system of social services - municipal enterprises and social service institutions under the jurisdiction of local governments; c) private system - enterprises and institutions of other forms of ownership and citizens engaged in entrepreneurial activities in social services to the population without forming a legal entity.
For example, there are such types of social service institutions as comprehensive social service centers for the population; territorial centers for social assistance to families and children; social service centers; social shelters for children and adolescents; overnight stay homes; special homes for lonely elderly people; stationary social service institutions (boarding homes for the elderly and disabled, psychoneurological boarding schools, orphanages for mentally retarded children, boarding homes for children with physical disabilities) and other institutions providing social services.
Institutions of this kind operate in accordance with the civil legislation of the Russian Federation and the rules established mainly in departmental regulatory legal acts.
Residential premises of funds for the temporary settlement of forced migrants and persons recognized as refugees are intended for the temporary residence of citizens recognized in the manner established by federal law as forced migrants and refugees, respectively (Article 97 of the Housing Code of the Russian Federation). The procedure for providing residential premises to funds for temporary settlement of internally displaced persons and persons recognized as refugees is established federal laws(Article 108 of the RF Housing Code).
In Russian federation forced migrant is considered a citizen of Russia who left his place of residence as a result of violence or other forms of persecution committed against him or his family members, or due to a real danger of being persecuted on the basis of race or nationality, religion, language, as well as on the basis of membership in a particular social group or political convictions that became reasons for conducting hostile campaigns against a specific person or group of people, mass violations of public order.
Refugee is recognized as a person who is not a citizen of Russia and who, due to a well-founded fear of becoming a victim of persecution on the grounds of race, religion, citizenship, nationality, membership of a particular social group or political opinion, is outside the country of his citizenship and cannot enjoy the protection of this country or not wishes to benefit from her protection due to such fears; or, being of no nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fear.
Basic legal relations, in which forced migrants and refugees participate, are regulated accordingly by the Law of the Russian Federation of 02.19.1993 “On Forced Migrants” as amended by the Federal Law of 12.20.1995 and the Federal Law of 02.19.1993 “On Refugees” as amended by the Federal Law of 28.06 .1997, as well as by-laws and regulatory legal acts.
Residential premises for the social protection of certain categories of citizens are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection (Part 1 of Article 98 of the Housing Code of the Russian Federation).
Specialized premises also include residential premises in houses of the social protection system and houses for other social purposes. Residential premises in specialized houses in the system of social protection bodies and houses for other social purposes are provided by the body by whose decision they were created. Specialized houses in the system of social protection bodies and houses for other social purposes, created by executive authorities of the Russian Federation and constituent entities of the Russian Federation, local governments, are intended for the residence of citizens in need. Termination of use of residential premises located in specialized houses occurs after the disappearance of the reasons and obligations for which these premises were provided (moving to a permanent place of residence with relatives, etc.), and on other grounds provided for by Russian legislation and the legislation of the constituent entities of the Russian Federation.
Specially equipped residential premises occupied by disabled people in houses of state, municipal and public housing funds under a rental or rental agreement, upon release, are occupied first of all by other disabled people in need of improved housing conditions.
Disabled people living in inpatient special service institutions and wishing to obtain residential premises under a rental or rental agreement are registered to improve their living conditions, regardless of the size of the space occupied in inpatient social service institutions and are provided with residential premises on an equal basis with other disabled people. At the same time, previously occupied premises may be returned to them. The procedure for registering these persons and providing them with living quarters is determined by the executive authorities of the constituent entities of the Russian Federation.
Specialized residential premises are not subject to alienation, transfer for rent, or lease, with the exception of the transfer of such premises under lease agreements provided for by housing legislation. Specialized residential premises are provided on the basis of decisions of the owners of such premises (authorized government bodies or authorized local government bodies acting on their behalf) or persons authorized by them under contracts for the rental of specialized residential premises, with the exception of residential premises for the social protection of certain categories of citizens, which are provided according to contracts free use(Part 1 of Article 99 of the RF Housing Code).
Specialized residential premises are provided on the grounds established by the Housing Code of the Russian Federation to citizens who are not provided with residential premises in the corresponding locality.
Categories of citizens in need of special social protection are established by federal legislation and the legislation of the constituent entities of the Russian Federation. The provision of residential premises for the social protection of certain categories of citizens under gratuitous use agreements is carried out in the manner and on the conditions established by federal legislation and the legislation of the constituent entities of the Russian Federation.
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Good afternoon In a general orphanage, children are raised from birth to three years of age, in a specialized orphanage - up to four years of age.
Children are admitted to the orphanage from maternity hospitals, somatic departments of hospitals, quarantine centers, families, etc. from the neonatal period and are kept there until the age of 3; children with defects in physical or mental development, with severe hearing and speech impairments - up to 4 years of age. As an exception, children over 3 years of age with delayed physical and psycho-speech development due to the conditions of their upbringing may be admitted to an orphanage (general type), if their transfer to an orphanage in accordance with the conclusion of specialists is considered premature.
When registering children in an orphanage, the following documents are required:
Application from one or two parents or persons replacing them for the temporary placement of a child in an orphanage (Appendix to the Instructions);
Voucher from the relevant health authority (Ministry of Health of a union or autonomous republic, city health department of republican subordination, regional, territorial health department). The voucher is issued on the basis of a decision of the executive committee at the child’s place of residence on the need to place him in an orphanage and provide him with living space upon the child’s release from a public education institution. The voucher is recorded in a special journal of the institution that issued the voucher; its signal sheet must be returned upon the child’s arrival at the orphanage;
Child's birth certificate;
Extract from the history of the child's development ( medical card inpatient) or the history of the newborn, as well as a certificate of the mother’s health (if referred from the maternity hospital);
Certificate of absence of infectious diseases in the apartment or institution from which it comes;
Certificate from place of work (indicating wages), studies of parents or persons replacing them, in case of temporary placement of a child in an orphanage;
Information about parents and close relatives (brothers, sisters, grandparents);
Documents confirming the absence of parents or their inability to raise their children: death certificate, court decision on deprivation of parental rights or taking away a child, court verdict, act of abandonment, parental consent to adoption (renunciation of parental rights) (see Appendix to the Instructions) , certificate of departure, illness of parents, etc.;
Single mothers present a personal book to the orphanage to receive benefits, in which a note is made about the child's acceptance, with a simultaneous notification (within five days) to the social security department at the place of residence about the placement of the child in the orphanage.
Order of the USSR Ministry of Health dated November 19, 1986 N 1525
On approval of the “Regulations on the orphanage” and “Instructions on the procedure for admitting children to the orphanage and discharging them from it”
The concept of “specialized houses” was first used in the Law on the Fundamentals of Federal Housing Policy (Article 1). Many of these objects were not previously included in the housing stock (for example, boarding houses for the disabled) before the adoption of this Law. The legal regime of specialized houses differs significantly from the legal regime of other houses for social use, therefore issues of their provision and use are resolved mainly by special legislation, which is loosely related to housing legislation.
Specialized houses are intended for residence of certain categories of citizens in the manner and under the conditions established by the Housing Code, other legislation of the Russian Federation and constituent entities of the Russian Federation.
Specialized residential buildings (residential premises), in addition to the hostel, include: hotels-shelters; flexible fund houses; boarding homes for the disabled, veterans, lonely elderly people; a specialized fund for refugees and internally displaced persons; other special residential buildings (residential premises).
Residential buildings (residential premises) of a flexible stock. Maneuverable stock is part of the housing stock (usually separate apartment buildings) intended for temporary residence of citizens. The maneuver fund is created by the decision of the head of the local administration. The flexible housing stock is formed by including in its composition residential buildings intended for temporary residence of citizens who are relocating in connection with major repairs (during its implementation) of the house and (or) residential premises that are their place of residence. The flexible fund can include both entire residential buildings and separate residential premises in ordinary houses.
Residential premises of the mobile stock must meet sanitary, fire, environmental, urban planning and technical requirements. Inclusion and exclusion of residential buildings in the flexible fund. from this fund are made by decision of the head of the local administration. In exceptional cases, commercial and non-profit organizations have the right, in agreement with the local administration, to create a flexible fund. Residential space in a flexible fund is not subject to exchange, division, reservation, privatization, purchase or sale.
Residential premises in the flexible fund are provided to citizens for use:
- in connection with major repairs of the residential premises they occupy under a tenancy agreement or lease agreement, if the repairs cannot be carried out without relocating residents for the duration of the repairs;
- in connection with the demolition of residential premises in which citizens live, before the provision (purchase) of another residential premises in accordance with the procedure established by law;
- in connection with the resettlement from dilapidated (emergency) residential premises until the completion of repairs or the provision (purchase) of another residential premises in accordance with the procedure established by law;
- in connection with resettlement from the reconstruction area before receiving (purchasing) residential premises in accordance with the procedure established by law;
- in other cases provided for by law.
Residential premises of the maneuverable fund are provided by a decision of the local administration, and residential premises of the maneuverable fund of commercial and non-profit organizations are provided by the decision of the owner or an authorized body, which is agreed upon with the local administration body.
Citizens living in houses of the flexible fund pay for the occupied residential premises and utilities, if such payment is not paid for the premises being repaired.
The procedure for the provision of residential premises of the maneuverable stock and their use is established by the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation.
The use of residential premises is terminated after the completion of major repairs of the residential building in which the dwelling is located, which is the object of a social or commercial tenancy agreement.
Living quarters in specialized houses for citizens who are the least socially protected (boarding houses for the disabled, veterans, lonely elderly people, etc.) are created and provided by federal, regional or municipal social protection authorities.
Such specialized houses are intended to accommodate citizens in need.
Specialized premises also include residential premises in houses of the social protection system and houses for other social purposes. Residential premises in specialized houses in the system of social protection bodies and houses for other special purposes are provided by the body by whose decision they were created, or on the basis of agreements with citizens in need.
Such specialized residential premises (residential buildings) are created, for example, for single pensioners. Thus, in Moscow, under the Committee for Social Protection of the City Population, the State Unitary Enterprise “Moscow Social Guarantee” (“Mossotsgarantiya”) was created, which is in charge of: in particular, specialized residential buildings (“social houses”) for single pensioners. They are inhabited by single citizens who have rented out their apartments under contracts to the city. In social residential buildings, citizens are provided not only with separate living quarters, but also with appropriate social services (canteen, medical services, laundry, hairdresser, etc.).
Termination of use of residential premises located in specialized houses occurs after the disappearance of the reasons and obligations for which these premises were provided (moving to a permanent place of residence with relatives, etc.), and on other grounds provided for by the legislation of the Russian Federation and the constituent entities of the Russian Federation.
Specially equipped residential premises occupied by disabled people in houses of state, municipal and public housing funds under a rental or lease agreement, upon vacancy, are occupied first of all by other disabled people in need of improved housing conditions. (Clause 12 of the Rules for providing benefits to disabled people and families with children - disabled people, to provide them with living quarters, pay for housing and utilities, approved by Decree of the Government of the Russian Federation of July 27, 1996 No. 901). Disabled people living in inpatient special service institutions and wishing to obtain residential premises under a rental or lease agreement are registered to improve their living conditions, regardless of the size of the space occupied in inpatient social service institutions and are provided with residential premises on an equal basis with other disabled people. At the same time, previously occupied premises may be returned to them. The procedure for registering these persons and providing them with living quarters is determined by the executive authorities of the constituent entities of the Russian Federation (clause 10 of the Rules).
Shelter hotels are residential premises for overnight stays of persons without a fixed place of residence, providing them with the necessary household, pre-medical and social assistance. The procedure for registering accommodation and living conditions in a shelter hotel, the responsibilities of the parties are determined by the Regulations on shelter hotels. The hotel-shelter accepts persons without a fixed place of residence, applying independently or arriving at the direction of the internal affairs bodies and social protection of the population. Providing a place to stay overnight for persons without a fixed place of residence is carried out by the administration of the shelter hotel.
If there are available places, overnight accommodation can be provided for a fee to other categories of persons.
In some constituent entities of the Russian Federation, regular type hotels are also classified as specialized residential premises, that is, premises intended for temporary, short-term accommodation of citizens.
The use of hotels for permanent residence is not permitted.
The procedure for accommodation, booking, registration and payment for hotel accommodation, the rights and obligations of the parties are determined by the rules for the provision of hotel services.
Introduction
When designing specialized homes for the elderly and disabled or apartments for these populations, the anthropometric and physiological characteristics of the residents must be taken into account. They must be reflected when establishing the number of floors of the house, when equipping it with an elevator and garbage chute, when arranging stairs, when assigning the width of corridors, hallways, kitchens, balconies and loggias, the depth of vestibules, and the size of sanitary facilities. They must be taken into account when choosing the functional relationship of apartment premises and their equipment. The specifics of the household needs of these people dictate the need to include a number of public and service premises in the house, including medical ones and for work.
Concept - specialized houses
The special house is intended for permanent residence of citizens of retirement age, as well as married couples who have retained full or partial ability for self-care in everyday life.
The special house is intended to provide favorable living conditions for citizens of retirement age and people with disabilities, to provide living elderly citizens with social, domestic and medical care, creating conditions for an active lifestyle, including feasible work.
Boarding homes are mainly part of the social security network. Along with this in last years Various departments and enterprises began designing and constructing boarding houses for war and labor veterans with increased living comfort and improved services, as well as special apartment housing for the elderly and disabled. New forms of social services are being introduced - home-based services for lonely elderly people, and territorial centers for social services for pensioners are being created.
The construction of boarding houses is carried out according to standard and individual projects, which are developed taking into account their different profiles, capacity, and number of floors. These are mainly projects of boarding houses for the elderly and labor veterans; two projects of psychoneurological boarding houses, three or four projects of boarding houses for mentally retarded children.
The construction of special apartment buildings for the elderly and disabled with a complex of social services began in 1987 and is still being carried out on a limited scale using standard and individual projects, as well as projects of residential buildings for small families.
At the beginning of 1989, the country had 1,474 boarding homes for the elderly, disabled adults and disabled children with a total capacity of 399.5 thousand places, including 1,201 boarding homes for the elderly (337 thousand places). 390.7 thousand people lived in boarding houses of all types. More than 80% of boarding houses are located on the territory of the RSFSR.
By 1989, the total number of places in boarding homes of all profiles exceeded the number of residents by approximately 8800, i.e. On average, each boarding home had to have 5.97 free places. However, in Ukraine and Kazakhstan, the number of elderly and disabled adults living in boarding homes exceeded their capacity by 300 - 400 people, while in the republics of Central Asia and Transcaucasia up to 30 - 45% of places in boarding homes were empty. At the same time, the provision of boarding houses in these republics (number and capacity per 1000 people) was significantly lower than, for example, in the Baltic republics.
