On August 29, 2018, a bill card was published on the Federal Portal of Draft Regulatory Legal Acts to amend Article 9 of the Federal Law “On the savings and mortgage system of housing for military personnel.”
The project was prepared by the Federal State Institution "Rosvoenipoteka". According to the description, the bill regulates and establishes the basis for including soldiers and sergeants in the register of participants in the savings-mortgage system - their achievement of the duration of military service under a contract three years.
It is assumed that the regulatory legal act, if adopted, will come into force in a year - in October 2019.
We have no official comments or clarifications yet, but we have tentatively come to the following conclusions.
Voluntary category NIS participants often lose their savings
Currently, of all military personnel who entered into the first contract after January 1, 2005, only privates and sergeants belong to the voluntary category of NIS participants.
Unlike others, they need to submit a report to join the program and be included in the register.
In practice, it often happened that the serviceman either did not know that it was necessary to submit a report, or did not dare to join the NIS, or his documents were lost. In such cases, it was included in the register late, and not only savings were lost, but also investment income.
In our VKontakte group Questions are regularly asked related to late inclusion in the register and insufficient information about the right to enter into a military mortgage.
This problem is also being discussed at a high state level. Based on the results of joint meetings of the Federation Council Committee on Defense and Security, the Social Policy Committee and the Budget and Financial Markets Committee, it was adopted. The Federation Council noted that the procedure for restoring lost investment income has not been determined, and therefore military personnel have to restore their rights through the courts. FGKU "Rosvoenipoteka" is recommended to eliminate the existing injustice and work on the issue of compensation for lost income.
We believe that one of the goals of the bill was precisely to eliminate the conditions and prerequisites for the loss of savings by voluntary category military personnel.
We do not know whether the issue of compensation for damage to those who will not be subject to the new law will be addressed, but apparently, the state has no real opportunity to find funds for compensation. As previously reported, at the end of 2018, the deficit of federal budget funds allocated for the functioning of NIS will amount to almost 94 billion rubles. This is about a third of the amount of all savings recorded in the personal accounts of NIS participants.
What to expect for soldiers (sailors), sergeants and petty officers in 2019
We are waiting for the publication of the text of the bill, but from its description it follows that after the fall of 2019, the NIS will become the only possible form of housing for those entering service under a contract. Privates, sergeants and sergeants will no longer be able to choose between the NIS and, for example, a subsidy.
Whether this is good or not, we find it difficult to say, but in general, the amount that a serviceman can count on by the time he reaches 20 years of service under a subsidy and under a military mortgage is approximately equal. You can verify this using the NIS participant savings calculator posted on our website.
Today, there is still at least one “loophole”: there is judicial practice, when a voluntary category NIS participant who did not take advantage of the CJZ filed a report and, through the court, achieved exclusion from the register of NIS participants.
Another option is that the legislator wants to exclude situations where a serviceman’s first contract was terminated early and, having concluded a second one, some could become a member of the NIS after serving for 1 year or even less.
In a market economy, military personnel are not able to earn money to purchase housing. The savings mortgage system for military personnel (hereinafter referred to as NIS) is designed to correct this situation.
In 2019, most active-duty military members can become automatic or voluntary participants in the program. It allows you to take out a mortgage already in the fourth year of participation and not have to worry about repaying it.
What it is
NIS is a set of activities carried out by several government agencies. These include:
- Ministry of Defense.
- Federal Directorate "Rosvoenipoteka";
- "Agency for Housing Mortgage Lending" (AHML).
The essence of the program is as follows:
- Funds are allocated and transferred from the state treasury to personal accounts
- Only military personnel who fall within the established parameters can obtain the right to savings.
- Money has a specific purpose, therefore, it can be spent:
- to buy an apartment or house;
- to pay off the mortgage.
Who can join the system
- received officer ranks upon graduation from educational institutions from 01/01/05;
- entered into a contract for;
- midshipmen and warrant officers who began service on 01/01/05, after a three-year term;
- Soldiers, sergeants, and sergeants are entitled to participate in a re-contract signed after 01/01/05.
College graduates automatically join the savings system upon receiving their first rank. The lists are prepared by the Ministry of Defense. The remaining soldiers and officers must declare their desire to take part in the program. This is done by submitting a report to senior management.
Attention: relatives of deceased military personnel are provided with preferences related to the provision of money credited to the personal account of the deceased.
Do you need information on this issue? and our lawyers will contact you shortly.
Who is excluded from participation?
- death of a serviceman;
- the court declared him missing;
- dismissal from military service;
- allocation of an apartment (house) at the expense of the state budget.
Special conditions
The law allows you to use accumulated money in any locality in the country. This leads to the need to provide the military man and his family with housing at the place of service. These factors are also taken into account in the terms of the program.
They stipulate that participation in the system:
- does not affect the right to receive official housing;
- is not related to the ownership of real estate by a military man or his relatives.
How the military is included in the NIS
The rules for registration of participants were approved by government decree No. 89 of February 21, 2005. In particular, the text of the document contains a limiting clause:
- Only a citizen of the Russian Federation can become a participant in the savings program;
- the applicant must have a contract with the Ministry of Defense.
Registration is carried out by entering the participant’s data into the register. In 2019, graduates do not need to submit a report. All information will be included in the list automatically, upon submission of the educational institution (after signing the contract).
Attention: there is a different set of measures to provide housing. They are not included in the NIS.
Voluntary applicants are required to write a report to the head of the department. The document is registered in the office and sent to Rosvoenipoteka. After checking the information, the applicant receives a notification that his data has been included in the register and funds are credited to his personal account.
Hint: the first day of participation in the system is the date of submission of the report. Download for viewing and printing:
How money is transferred from the state budget
After the applicant is included in the register, he is sent information about the registration number. This is sent in writing to the address of the military unit indicated in the report. This information is needed for:
- confirmation of participation in NIS;
- tracking the accumulation process;
- planning how to spend money.
Important: transfers are made monthly:
- in the amount of 1/12 of the contribution established for the current year;
- starting from the date of submission of the report;
- for college graduates - from the day of conferring the first title.
Thus, the amount of military savings depends on two factors:
- The amount of the annual contribution from the federal budget established by the Government of the Russian Federation.
- Period of participation in the system.
Savings do not depend on the following factors:
- number of family members;
- position, title, etc.
How and when you can spend money
The procedure for using funds is prescribed by law. Participants in the system receive the right to invest them if certain conditions are met:
Hint: savings are indexed annually. In addition, military personnel are awarded a certain percentage for their use in investment projects.About the contribution amount
The initial amount is established by law. Thanks to annual indexing, its value increases annually. Thus, in total for 2017, each participant received 260,141.0 rubles.
For information: transfers in previous years are as follows:
- 2012 - 205.2 thousand rubles;
- 2013 - 222.0 thousand rubles.
How to purchase a home
The investment algorithm is similar to applying for a mortgage. So, the program participant will have to do the following:
- Study the offers of partner financial organizations (the list is on the program website).
- Choose a suitable bank.
- Order a settlement for the maximum amount, taking into account the lender’s conditions.
Hint: The mortgage is calculated so that the last payment is made by the service member before his 45th birthday.
- Choose housing at your own discretion within the amount specified by the lender.
- Conclude a preliminary agreement with the seller and conduct an independent assessment of the value of the property.
- Sign a loan agreement based on the documents provided (specified in the previous paragraph).
- Insure the purchased property.
- Conclude a purchase and sale agreement.
- Send a package of documents to the Federal State Institution “Rosvoenipoteka” to organize the transfer of funds to the bank.
Attention: housing is immediately registered as military property. However, until the terms of the transaction are completed, it is jointly pledged by:
- states;
- credit organization.
When is it more profitable to invest savings?
Due to the various subtleties of the conditions for using funds, the following must be taken into account:
- If you enter into a mortgage agreement after three years of military service, you will have to:
- remain in the military until at least ten years of service;
- pay off the loan balance from your own funds in case of early dismissal;
- If you wait until 20 years of experience, then:
- savings are enough for a large apartment;
- The loan balance will be paid by the budget.
Information: if a serviceman dies in the line of duty (or is declared missing), then relatives receive the right:
- to receive money from a personal account;
- to continue loan repayments within the framework of signed agreements.
Advantages and disadvantages of the program
The following circumstances are recognized as the undeniable advantages of military savings for apartments and houses:
- the amount of earthly funds allows you to purchase good housing (credit is provided to defenders of the Fatherland in a larger volume than to civilians);
- You can buy a house in any corner of the country;
- the military man is freed from the need to worry about where his family will live after discharge;
- In addition, he does not spend money from his salary on the purchase of real estate.
The disadvantages include the registration process. It requires collecting a large amount of paperwork. You have to conclude contracts and attract specialists, which is quite difficult without legal support.
In addition, the system participant is required to pay money from his own pocket for:
- conducting an independent real estate assessment;
- insurance;
- real estate and legal services.
Dear readers!
We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.
To quickly resolve your problem, we recommend contacting qualified lawyers of our site. 
Notes:
1. In the position “(category of NIS participant)” two numbers are entered indicating membership in a certain category of NIS participant:
01 - persons who graduated from military professional educational organizations and military educational organizations of higher education and entered into the first contract for military service after January 1, 2005, who were awarded the first military rank of officer;
02 - officers called up for military service from the reserve or who voluntarily entered military service from the reserve and entered into the first contract for military service;
03 - warrant officers and midshipmen who entered into the first contract for military service after January 1, 2005, the total duration of military service under the contract is 3 years;
04 - sergeants and foremen, soldiers and sailors who entered into a second contract for military service no earlier than January 1, 2005 and have expressed a desire to become participants in the NIS;
05 - persons who graduated from military professional educational organizations and military educational organizations of higher education starting from January 1, 2005, who entered into the first contract for military service before January 1, 2005 and expressed a desire to become participants in the NIS;
06 - warrant officers and midshipmen who entered into the first contract for military service before January 1, 2005, the total duration of military service under the contract as of January 1, 2005 was no more than 3 years and will be 3 years starting from January 1, 2005 ., if they have expressed a desire to become participants in the NIS;
07 - military personnel who are members of the NIS who are transferred from another federal body;
08 - military personnel who do not have the military rank of officer and received the first military rank of officer in connection with entry into military service under a contract and appointment to a military position for which the state provides for the military rank of officer, starting from January 1, 2008;
09 - military personnel with a total duration of military service under a contract of less than 3 years, who received the first military rank of officer in connection with appointment to a military position for which the state provides for the military rank of officer, starting from January 1, 2008;
10 - military personnel who received the first military rank of officer in connection with the completion of training courses for junior officers starting from January 1, 2008;
11 - persons who graduated from military professional educational organizations and military educational organizations of higher education in the period after January 1, 2005 to January 1, 2008, received the first military rank of officer during the training process and expressed a desire to become participants in the NIS;
12 - military personnel who do not have the military rank of officer and received the first military rank of officer in connection with entry into military service under a contract and appointment to a military position for which the state provides for the military rank of officer, in the period after January 1, 2005 until January 1, 2008 and those who have expressed a desire to become participants in the NIS;
13 - military personnel with a total duration of military service under a contract of less than 3 years, who received the first military rank of officer in connection with appointment to a military position for which the state provides for the military rank of officer, in the period after January 1, 2005 until January 1, 2008 and those who have expressed a desire to become participants in the NIS;
14 - military personnel who received the first military rank of officer in connection with the completion of training courses for junior officers in the period from January 1, 2005 to January 1, 2008 and who expressed a desire to become participants in the NIS;
15 - military personnel who voluntarily entered military service from the reserve, if they have not received the payment of funds specified in paragraph 3 of part 1 of article 4 of the Federal Law of August 20, 2004 N 117-FZ "On the savings and mortgage housing system military personnel", and were excluded from the register of NIS participants in connection with dismissal from military service on the grounds provided for in Part 7.1 of Article 5 of the Federal Law of August 20, 2004 N 117-FZ "On the savings and mortgage system of housing for military personnel", or general whose duration of military service on the date of exclusion from the lists of personnel of a military unit was 20 years or more, including in preferential terms;
16 - military personnel who voluntarily entered military service from the reserve, if they were excluded from the register of NIS participants in connection with dismissal from military service for reasons other than those specified in Part 7.1 of Article 5 of Federal Law of August 20, 2004 N 117- Federal Law "On the savings and mortgage system of housing support for military personnel" on the grounds and did not receive the payment of funds specified in paragraph 3 of part 1 of Article 4 of the Federal Law of August 20, 2004 N 117-FZ "On the savings and mortgage system of housing support for military personnel", or did not take advantage of the right to become participants in the NIS;
17 - military personnel who voluntarily entered military service from the reserve, if they were excluded from the register of NIS participants due to dismissal from military service and received payment of funds specified in paragraph 3 of part 1 of article 4 of the Federal Law of August 20, 2004 N 117-FZ “On the savings and mortgage system of housing for military personnel” whose total duration of military service is at least 20 years.
2. In the table:
2.1. In the column "Indicator value":
Paragraph 1 states:
For NIS participants of categories 15 - 17 - date, number of the order on the entry into force of the first contract for military service, position of the person who signed the order, date, number of the order on exclusion from the lists of personnel of the federal security service at the last place of military service, the position of the person who signed the order, the article of dismissal from military service;
Paragraph 2 states:
For NIS participants of categories 04 - 06 and 11 - 14 - the name of the federal security service body in which the serviceman's application for inclusion in the register of NIS participants was registered, the date and number of this registration in the logbook of official documents of the federal security service body;
For NIS participants of category 07 - the date and number of the order on the enrollment of a serviceman in the federal security service, the position of the person who signed the order, the previous registration number of the NIS participant;
For NIS participants of category 15 - the date and number of the order on the entry into force of a new contract for military service, the position of the person who signed the order, the previous registration number of the NIS participant and the date of the basis for exclusion from the register of NIS participants at the last place of military service before dismissal;
3. After filling out an extract from the NIS participant’s personal card, the NIS participant checks the compliance of the information contained in the extract from the NIS participant’s personal card with the information contained in the military personnel’s personal file and the passport of a citizen of the Russian Federation.
If the information matches, the serviceman signs an extract from the NIS participant’s personal card, after which it is signed by the head of the personnel department and the head, head of the federal security service agency.
4. After sending an extract from the personal card of an NIS participant to the registration authority, the details of the cover letter for the extract from the personal card are entered into the personal card.
Failure to timely include a serviceman in the register of NIS participants leads to the loss of funds intended for housing.
If you were included in the register at the wrong time, you will receive less money! Every NIS participant should know and realize this.
Inclusion in the register of military mortgage participants
In order to understand why military personnel are included in the register with the same date of foundation, it is necessary to understand exactly how inclusion in the program, opening a personal account and crediting money to the account takes place. Ignorance of the principles of inclusion in the system leads, at best, to a misunderstanding of military mortgages, and at worst, to a loss of savings, and, consequently, to a deterioration in living conditions.
Related materials
Let's understand the features of including a military mortgage in the systemThe first and most important thing happens if the serviceman has certain grounds provided for by the regulatory framework for the NIS. In total, today there are several reasons for inclusion in the system in NIS. The basis for inclusion in the register is a circumstance that arose under certain conditions, for example, a serviceman received a military rank or entered into a certain contract.
Depending on the grounds, there are 17 categories of system participants, which are divided into mandatory (10 categories) and voluntary (seven categories).
Mandatory category of NIS participants
Mandatory categories are included in the register from the date of a certain event. If you have been awarded a title, a certain contract has entered into force, or you have reached a certain length of service, you are required to be included in the register.
Let’s say that a graduate of a higher educational institution was awarded the rank of lieutenant on June 25, which means that he must be included in the NIS on June 25 and open a personal account. But this is ideal. In practice, unfortunately, we often have to deal with situations where someone is “forgotten.” The human factor plays an important role.
“My colleague and I graduated from the Higher Educational Institution (note - at the request of an NIS participant, the name of the educational institution was removed) in 2014. We studied together, were assigned to the same garrison, and now we serve together. Even during our studies, we were told about NIS in rainbow colors. All the cadets knew that when they graduated, everyone would be included in the program “automatically”; there would be no need to write anything anywhere. In theory, NIS really seemed like a wonderful program: if you want, buy an apartment and live in it, if you don’t want, don’t buy.
In 2014, we were supposed to be included in the program, which means that this year I could already buy myself an apartment, because... I don’t really want to live with a young family in a dorm; I want to come home and feel like a full-fledged person. At the beginning of this year, I turned to a person who, as I was told, deals specifically with military mortgage issues, in order to find out in advance what I need to do to get a certificate and buy an apartment. And then my “rose-colored glasses” broke. As it turned out, I was not included in the program at all, there are no documents in my personal file at all. As a “calming” I was told not to worry, because... I am a mandatory participant and I will be included “retrospectively”, now they will find out everything and send my documents for inclusion.
After three months of clarification through the authorities, conducting an investigation and sending documents, I was finally given a notification the other day that I was included in the system in 2014. I thought, well, we’ve sorted it out, we can think about the apartment. But no, that was not the case. As it turned out, the guys with whom I graduated from college had 100,000 more money than me.
Yes, they included me “retroactively”, and all due contributions were credited from the same date. Having thoroughly studied all the regulations on military mortgages, having received a lot of consultations, I now know that these “lost” 100 thousand are precisely the interest (approx. - investment income) that “dripped” onto the savings of my classmates who were included in the program on time. And since I was included almost three years later, I can only get them if I go to court, there is no other way. And that’s not a fact; it’s still unclear who to sue. Everyone missed it, including me, it turns out. For me and my family, 100 thousand is a significant amount that would not hurt.”
The situation that the serviceman who contacted us was faced with is not unique: someone was forgotten to be included, someone’s documents were lost, someone’s unit simply had no one to deal with NIS participants.
We recommend that military personnel who are mandatory participants in the NIS do not let “automatic” inclusion in the system take its course and have full control over this issue. After graduation, upon arrival at the unit, officers check their personal file specifically for the presence of a notice of inclusion in it. There is no information about inclusion in the file - contact the registration authority and make a request to receive a notification. If it turns out that the regulatory body did not receive information for inclusion from the higher educational institution, urgently organize the sending of lists for inclusion to the unit.
Of course, we can say that this should be done by a person in charge, specially appointed, and the serviceman should not think about it. Of course it is possible, but it is the NIS participant who loses money, and a considerable amount of money, which can only be restored in court, and even then, not always.
For your information. Officers included in the NIS register in 2005 currently have more than 3.0 million rubles in their accounts, of which about 1 million is investment income. This is the price for timely inclusion in the register.
All of the above applies to all military personnel of the mandatory category of NIS participants, and not just to graduates of higher educational institutions.
Voluntary participants in military mortgages
With voluntary mortgagers the situation is a little different, but the main principle - to keep everything under control - remains.
Unlike the mandatory category, voluntary participants are included in the register precisely from the date when their report for inclusion was registered in the official document log. If he didn’t write a report, he didn’t join the system, and it doesn’t matter whether the serviceman didn’t write a report because he thought for a long time what was better for him, the old system or a military mortgage, or he simply didn’t know that he had the right to write a report for inclusion, because he no one said.
Military personnel belonging to the voluntary category often ask the question: “Is it possible to recalculate funds from the moment when the right to write a report appeared?” The answer is no. If the report was written and not registered in the journal, there is no need to talk about any recalculation. In no court will it be possible to prove that once upon a time, someone told a serviceman that he could not participate in the system and did not have the right to write a report to be included. Also, the courts will not come into their own and will not side with the military man if he appeals to the fact that he was on a business trip and did not have time to write a report. No report - no money!
The sooner a serviceman writes a report to participate in the system, the more money he will receive for his housing needs. This is the specificity of voluntary participation in the NIS.
Also, voluntary participants, and these are mainly military personnel with the rank of sergeant, should remember and understand one more aspect. If, when concluding the second contract, the inclusion report was not written, well, the serviceman decided that he would be provided according to the “old” form, i.e. recognized as needy - and after a period of time he is awarded the rank of ensign, he becomes an obligatory participant in the NIS.
Another situation that military personnel of the voluntary category can and do face is the same situation that mandatory participants in the system face - the human factor. The inclusion report was written, but not registered, which means it was not launched by the authorities, or the documents were lost, and often the documents remain “on the table”.
“I serve in the Southern Federal District, you understand, I have constant business trips, so I don’t have time to engage in inclusion in the system. I signed the second contract in April 2012 and approached the commander with a question about when I could write a report on a military mortgage. They told me to wait until there was no one to do it. I was sent on a business trip for 3 months. Upon my return, I again approached my superiors, they sent me to the newly appointed person in charge of military mortgage issues, and he clearly told me, no, you do not have the right to write a report for inclusion now, since your first contract was not with the Ministry of Defense, but with the Military Military. Ministry of Internal Affairs. He knows better; indeed, I served my first contract in the Internal Troops of the Ministry of Internal Affairs. In 2015, when I signed the second contract with the Moscow Region, they already gave the go-ahead to write a report and launched the documents. And then they came to our unit with “conversations” on military mortgages, it seems like from Rosvoenipoteka, I came to them with questions. And they already told me that I had lost three years. It turned out that it didn’t matter that my first contract was in the Internal Troops of the Ministry of Internal Affairs, the main thing is that it was a military contact and I could join the NIS back in 2012. Now it turns out that I lost money from 2012 to 2015, and that’s almost 800 thousand, and no one will return it to me, it’s a terrible shame.”
This material was prepared based on requests from military personnel participating in the NIS. Voenperezd employees often have to deal with such “cries from the heart” of those who were untimely included in the system and, consequently, lost money. Our lawyers have repeatedly helped military personnel in these situations.
We appeal to all military personnel, current and potential NIS participants - control the entire process of inclusion in the system, delve into the basics of the savings-mortgage system, do not let the situation take its course, this is in your interests, these are your rights and your savings. It depends only on you how much money you will receive for housing. Take advice, consult with, do not rely on chance - “ignorance of the laws does not exempt you from responsibility,” this thesis is perfectly suitable in these situations.
