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Company / Laws

The reduction of the term of the contract specialized recruitment for orphans

Legal aid 22.10.2019 at 14:00

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Orphans or children left without parental care have the right to granting of premises out of turn, if found to be in need of better housing conditions. In the case of recognition of an orphaned child in need of better housing conditions, orphan shall be the formulation of housing policy (inclusion in the list for receiving dwelling). Accommodation is provided to the contract of specialized premises for a period of not less than 5 years. The living room is in the municipal property, and the tenant by contract specialized recruitment is not entitled to privatize this housing. After 5 years, with the employer the contract of social hiring of premises or the recruitment of specialized contract be extended for another 5 years. The basis for extending the contract of a specialized tenancy may be such grounds as the existence of social readaptative employer (no permanent place of work, alcohol abuse, conduct anti-social lifestyle). If you have installed named facts, the employer renews the contract of a specialized recruitment of another 5 years. These restrictions are aimed primarily at protecting the housing rights of the employer, is not adapted to social life. However, there are employers who have a stable income, educated, has a family, including young children. In the presence of minors, the employer needs to improve housing conditions. For example, in the case of privatization of residential premises, and further sale of the dwelling, an orphan child will have the opportunity to purchase new housing, including the use of funds tangible capital. However, before the expiration of 5 years with an orphan child may not be concluded a tenancy agreement in force established the mandatory requirements of Federal law. The draft law is planned to give the bodies of the subject of the Russian Federation to change the term of the contract of a specialized recruitment. This issue will be governed by the law of the Russian Federation.

the Draft Federal law "On amendments to article 8 of the Federal law "About additional guarantees on social support of children-orphans and children left without parental care" provides for the possibility for Executive bodies of subjects of the Russian Federation in manner and on the terms established by the legislation of constituent entities of the Russian Federation, to reduce the effect of the contract of employment specialty dwellings up to two years in the case of high social adaptation of the person. The basis for reducing the term of the lease contract of specialized premises the bill provides to consider the intention of the aforementioned persons, to change the place of residence within the Russian Federation or a subject of the Russian Federation, and improve living conditions. The procedure of making decision on reduction of term of the lease contract of specialized premises established by the legislation of the Russian Federation.

the Bill provides that when deciding on the reduction of the term of the lease contract of specialized premises the Executive authority of the subject of the Russian Federation carries out complex check living conditions of the employer and prepares the conclusion about possibility (the absence of opportunities) reducing the term of the lease contract of specialized premises. The decision to reduce the validity of the lease contract of specialized premises is taken by the Executive authority of the subject of the Russian Federation in the presence of the persons referred to in the first subparagraph of paragraph 1 of article 8 of the Federal law, all of the following circumstances:

steady income from employment or business activities in the amount not lower than the subsistence minimum established in the subject of the Russian Federation; fulfillment of obligations under the employment contract of specialized premises; the lack of long-term illness or disability preventing proper performance of the responsibilities of the employer, including in connection with the finding in a medical or rehabilitation facility; the lack of alcohol or drug dependence; lack of crime and anti-social action; a statement of compliance occupied dwelling specialized housing sanitary and technical rules, regulations and other requirements of the legislation of the Russian Federation, issued by the relevant competent authority; the availability of resources to improve their housing conditions (the presence of the parent capital, financial savings and otherwise).