Елена Самтынова
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На рассмотрение Госдумы поступил законопроект, направленный на поддержку участковых уполномоченных полиции и членов их семей. Авторы инициативы – депутаты Вячеслав Володин, Александр Хинштейн и Василий Пискарев предлагают1 дать право органам местного самоуправления выделять участковым уполномоченным полиции на период замещения должности и членам их семей жилые помещения по месту работы участкового. Соответствующие дополнения планируется внести в Федеральный закон от 19 июля 2011 года № 247-ФЗ «О социальных гарантиях сотрудникам органов внутренних дел Российской Федерации и внесении изменений в отдельные законодательные акты Российской Федерации» (далее – Закон № 247-ФЗ) и в Федеральный закон от 6 октября 2003 года № 131-ФЗ «Об общих принципах организации местного самоуправления в Российской Федерации» (далее – Закон № 131-ФЗ).
Напомним, ч. 3 ст. 44 Федерального закона от 7 февраля 2011 года № З-ФЗ «О полиции» закреплено право участкового уполномоченного полиции на обеспечение служебным жилым помещением не позднее, чем через шесть месяцев со дня вступления в должность. Обеспечить участкового в указанный срок жильем из специализированного жилфонда должны территориальные органы МВД, а в случае отсутствия такого жилья на соответствующей территории органы местного самоуправления должны предоставить его из муниципального жилфонда (ч. 1, ч. 2 ст. 9 Закона № 247-ФЗ).
Как указывается в пояснительной записке к законопроекту, в настоящее время специализированный жилищный фонд МВД не сформирован ввиду ограниченности средств федерального бюджета, а корреспондирующие положения в законодательстве о местном самоуправлении отсутствуют. Несмотря на это органы местного самоуправления выделяют служебные помещения для проживания участковых уполномоченных полиции. Однако данные меры в отсутствие обоснования на законодательном уровне расцениваются контрольно-надзорными органами как нецелевое расходование средств местных бюджетов и препятствуют дальнейшему обеспечению участковых уполномоченных полиции жилыми помещениями. Председатель Госдумы Вячеслав Володин подчеркнул, что принятие закона позволит органам местного самоуправления максимально приблизить место жительства участкового уполномоченного полиции к тому району, в котором он работает. Также отмечается, что предлагаемая мера по выделению жилых помещений участковым не будет являться обязанностью, а исключительно правом органов местного самоуправления по обеспечению участковых служебным жильем.
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1 С текстом законопроекта № 914287-7 «О внесении изменений в статью 9 Федерального закона «О социальных гарантиях сотрудникам органов внутренних дел Российской Федерации и внесении изменений в отдельные законодательные акты Российской Федерации» и в Федеральный закон «Об общих принципах организации местного самоуправления в Российской Федерации» (об обеспечении участковых уполномоченных полиции служебным жильем)» и материалами к нему можно ознакомиться на официальном сайте Госдумы.
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