Scheduled and unscheduled inspections. Features of the frequency of inspections in educational institutions. Administrative regulations for unscheduled inspections of the activities of management organizations that manage apartment buildings on the territory

Approved

By order of the administration

MO GO " New earth»

3.6. An on-site unscheduled inspection is carried out if, during the documentary inspection, it is not possible to assess the compliance of the entrepreneur's activities with the mandatory requirements or the requirements established by the municipal legal acts of the MO GO "Novaya Zemlya", without taking an appropriate control measure.

3.7. During the unscheduled inspection, the following circumstances are to be clarified:

3.7.1. The amount of obligations assumed by the managing organization under the contract for the management of an apartment building.

3.7.2. The frequency and (or) timing of the provision of services and the performance by the managing organization of work on the proper maintenance and repair of common property in an apartment building.

3.7.3. Appropriate rendering utilities owners of premises in an apartment building and persons using premises in an apartment building.

3.7.4. Proper implementation of other activities aimed at achieving the objectives of the management of an apartment building.

If the subject of the appeal is the failure of the managing organization to fulfill the obligations covered by the concept of "other activities aimed at achieving the goals of managing an apartment building", it is necessary to establish specific types of obligations to be fulfilled by the managing organization.

3.7.5. The fact of fulfillment or non-fulfillment by the managing organization of the terms of the contract for the management of an apartment building.

3.8. The results of an unscheduled inspection are drawn up in an act of unscheduled inspection of the activities of the managing organization in the form in accordance with the appendix to this Procedure (hereinafter - the act of unscheduled inspection), drawn up in accordance with the requirements of the current legislation Russian Federation and municipal legal acts of the MO GO "Novaya Zemlya".

The act of an unscheduled inspection should contain a conclusion about the presence or absence of the fact of non-fulfillment by the management organization of the terms of the management agreement for the apartment building, revealed by the structural subdivision of the administration of the MOGO "Novaya Zemlya".

An unscheduled inspection act is drawn up within three days after its completion in two copies, one of which with copies of attachments is handed to the head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative on receipt of familiarization or refusal to familiarize with the act unscheduled inspection. In the absence of a manager, another official or an authorized representative of a legal entity, an individual representative, as well as in case of refusal of the inspected person to give a receipt for familiarization or refusal to familiarize with the act of unscheduled inspection, it is sent by registered by post with a receipt acknowledgment, which is attached to a copy of the unscheduled inspection act, stored in the structural unit of the administration of the MO GO "Novaya Zemlya".

3.9. Based on the results of an unscheduled inspection, if there are signs of an offense in the actions (inaction) of the managing organization, the taking of measures for which goes beyond the powers of the authorities local government, structural subdivision Administration of the MO GO "Novaya Zemlya" sends the relevant information to law enforcement agencies, other control and supervisory authorities to take measures in accordance with their competence.

4. Convening a meeting of owners of an apartment building

4.1. If, based on the results of an unscheduled inspection, it is revealed that the managing organization has failed to comply with the terms of the contract for the management of an apartment building, the structural subdivision of the administration of the Novaya Zemlya municipal district, no later than fifteen days from the date of the relevant request, convenes a meeting of owners of premises in this building to resolve issues of terminating the contract with such a management organization and about the choice of a new management organization or about changing the way of managing this house.

4.2. When convening a meeting of owners of premises in an apartment building, a structural subdivision of the administration of the MO GO "Novaya Zemlya" is guided by the procedure established by parts 4, 5 of article 45 of the Housing Code of the Russian Federation.

4.3. The decision of the owners of the premises on the termination of the contract with the managing organization and the choice of a new managing organization or changing the method of managing this house is brought to the attention of the owners of the premises in this house by the structural subdivision of the administration of the MOGO "Novaya Zemlya" by posting a corresponding message about this in the premises of this house, accessible for all owners of premises in this house, no later than five days from the date of convening a meeting of owners of premises in this house to resolve these issues.

4.4. The decision of the owners of the premises on the termination of the contract with the managing organization and the choice of a new managing organization or changing the method of managing this house is brought to the attention of the managing organization that manages this apartment building, a structural subdivision of the administration of the MO GO "Novaya Zemlya" by sending a written message no later than five days from the date of convening a meeting of owners of premises in this house to resolve these issues.

4.5. The procedure for changing the method of managing an apartment building, choosing a new managing organization, terminating an agreement for managing an apartment building is regulated by the current legislation of the Russian Federation.

4.6. If, according to the results of the unscheduled inspection, it is not revealed that the managing organization has not complied with the terms of the contract for the management of an apartment building, the structural unit of the administration of the MO GO "Novaya Zemlya" notifies in writing the applicant specified in clause 2.2 of Section 2 of this Procedure, within 30 days from the date of admission to the structural unit administration of the MO GO "Novaya Zemlya" appeals for an unscheduled inspection.

Appendix to the Procedure for unscheduled inspections of the activities of management organizations that manage apartment buildings on the territory municipality urban district MO GO "Novaya Zemlya"

The form

______________________________ "__" ________________ 20__

(place of drawing up the act) (date of drawing up the act)

________________________

(time of drawing up the act)

unscheduled verification of the activities of the management organization

№__________

at the address (s): _______________________________________________

(location of the unscheduled inspection)

Based _____________________________________________________

(type of document indicating the details (number, date)

a check was carried out in relation to ________________________________

(name of a legal entity, last name, first name, patronymic (the last name - if any) of an individual entrepreneur)

Date and time of the unscheduled inspection:

Duration ______.

"__" _______________ 20__ from ____ hour. ____ min. until _____ hour. ____ min.

Duration ______.

The total duration of the unscheduled inspection is ______________________.

(working days / hours)

The act was drawn up by ____________________________________________________.

(name of the structural unit of the administration of the MO GO "Novaya Zemlya")

A copy of the order (order) on conducting an unscheduled inspection is familiarized with:

_____

(surnames, initials, signature, date, time)

Date and number of the decision of the prosecutor (his deputy) on the approval of an unscheduled inspection:

________________________________________________________________.

(to be filled in if it is necessary to coordinate the inspection with the prosecutor's office)

Person (s) who performed the inspection: ________________________________

________________________________________________________________

________________________________________________________________.

(last name, first name, patronymic (the latter - if any), position of the official (officials) who conducted the inspection; in the case of involving experts in the inspection, expert organizations surnames, first names, patronymic names (the latter - if any), positions of experts and / or names of expert organizations are indicated, indicating the details of the certificate of accreditation and the name of the accreditation body that issued the certificate)

The unscheduled inspection was attended by:

_______________________________________________________________

_______________________________________________________________.

(last name, first name, patronymic (last name - if any), position of the head, another official (officials) or an authorized representative of a legal entity, an authorized representative of an individual entrepreneur, an authorized representative of a self-regulatory organization (in the case of an inspection of a member of a self-regulatory organization), who were present at verification activities)

During an unscheduled inspection:

it was revealed that the managing organization did not comply with the terms of the contract for the management of an apartment building, which was expressed in the following:

______________________________________________________________

(indicating the nature of the violations; the persons who committed the violations, the provisions of (normative) legal acts)

______________________________________________________________

______________________________________________________________,

no violations were found __________________________________________

______________________________________________________________.

Recording in the register of inspections of a legal entity, individual entrepreneur, carried out by bodies state control(supervision), by the municipal control authorities entered (to be filled in during the on-site inspection):

___________________ ___________________________________

legal entity, individual

an entrepreneur, his authorized

representative)

The register of inspections of a legal entity, an individual entrepreneur, conducted by state control (supervision) bodies, municipal control bodies, is absent (to be filled in during an on-site inspection):

_________________ ___________________________________

(signature of the inspector) (signature of the authorized representative

legal entity, individual

an entrepreneur, his authorized

representative)

Documents attached to the act: _________________________________

____________________________________________________________

____________________________________________________________.

Signatures of the persons who carried out the verification: ____________________________

____________________________

Acquainted with the act of unscheduled inspection, received a copy of the act with all attachments:

___________________________________________________________

___________________________________________________________.

(last name, first name, patronymic (the latter - if any), position of the head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative)

"__" ________________ 20__ ________________

(signature)

Mark of refusal to familiarize with the act of unscheduled inspection

___________________________________________________________.

(signature of the authorized official (s) who conducted the inspection)

VOLGOGRAD ADMINISTRATION

RESOLUTION

ON THE APPROVAL OF THE PROCEDURE FOR CONDUCTING EXTRAORDINARY INSPECTIONS OF THE ACTIVITIES OF GOVERNING ORGANIZATIONS CARRYING OUT THE MANAGEMENT OF APARTMENT BUILDINGS IN THE TERRITORY OF THE MUNICIPAL FORMATION OF THE CITY DISTRICT

of 03/15/2013 N 580, of 05/13/2014 N 529, of 07/24/2017 N 1185)

In order to create conditions for the management of apartment buildings on the territory of the municipality of the city district, the hero city of Volgograd, in order to implement the provisions of part 1.1 of article 165, which entrusts local governments with the authority to conduct unscheduled inspections of the activities of managing organizations, guided by Article 5 of the Charter of the Hero City of Volgograd, I decree:

1. To approve the Procedure for carrying out unscheduled inspections of the activities of managing organizations that manage apartment buildings on the territory of the municipal formation of the city district of the hero city of Volgograd (attached).

2. Determine the administrations of Volgograd districts as authorized structural divisions of Volgograd to conduct unscheduled inspections of the activities of management organizations based on the appeal of the owners of premises in an apartment building, the chairman of the council of an apartment building, management bodies of a homeowners' partnership or management bodies of a housing cooperative or management bodies of another specialized consumer cooperative on the failure of the managing organization to fulfill the obligations provided for by part 2 of article 162 of the Housing Code of the Russian Federation.

(clause 2 as amended by the resolution of the Volgograd administration of 13.05.2014 N 529)

3. The Committee for Information Policy of the Volgograd Administration shall publish this resolution in accordance with the established procedure.

4. This resolution comes into force from the day of its publication.

5. Control over the implementation of this resolution shall be entrusted to the Deputy Head of the Volgograd Administration Matasov Yu.V.

And about. chapters
administration of Volgograd
V. A. SOBAKAR

THE PROCEDURE FOR CARRYING OUT UNSCHEDULED INSPECTIONS OF THE ACTIVITIES OF GOVERNING ORGANIZATIONS CARRYING OUT THE MANAGEMENT OF APARTMENT BUILDINGS IN THE TERRITORY OF MUNICIPAL EDUCATION OF THE CITY DISTRICT OF GEROI VOLGOD

(as amended by resolutions of the Volgograd administration of 03/15/2013 N 580, of 05/13/2014 N 529, of 07/24/2017 N 1185)

1. General Provisions

This Procedure was developed in order to create conditions for the management of apartment buildings on the territory of the municipal formation, the hero city of Volgograd, for the implementation of the provisions of part 1.1 of Article 165 of the Housing Code of the Russian Federation, which entrusts local governments with the authority to conduct unscheduled inspections of the activities of management organizations (hereinafter - implementation of powers).

When exercising the authority to conduct unscheduled inspections of the activities of management organizations on the basis of an appeal from the owners of premises in an apartment building, the chairman of the council of an apartment building, management bodies of a homeowners' partnership or management bodies of a housing cooperative or management bodies of another specialized consumer cooperative about the management organization's failure to fulfill the obligations provided for in part 2 Article 162 of the Housing Code of the Russian Federation, the authorized structural unit of the Volgograd administration (hereinafter referred to as the structural unit of the Volgograd administration) is guided by:

The Housing Code of the Russian Federation;

Federal Law of December 26, 2008 N 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control";

paragraph is excluded. - Decree of the Volgograd administration of 07.24.2017 N 1185;

Decree of the Government of the Russian Federation of August 13, 2006 N 491 "On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration ";

Resolution of the State Committee of the Russian Federation for Construction and Housing and Utilities Complex of September 27, 2003 N 170 "On approval of the Rules and Norms for the technical operation of the housing stock";

municipal legal acts of Volgograd and other regulatory legal acts containing provisions governing legal relationship on the implementation of these powers.

The powers of the administrations of Volgograd districts include the organization and conduct of unscheduled inspections of the activities of management organizations in the corresponding territory of the district of the municipal formation, the city district, the hero city of Volgograd in accordance with this Procedure.

from 05/13/2014 N 529)

2. Grounds for conducting an unscheduled audit of the activities of the managing organization

2.1. The basis for an unscheduled audit of the activities of the management organization is the applicant's appeal containing information about the management organization's failure to fulfill the obligations provided for in Part 2 of Article 162 of the Housing Code of the Russian Federation.

2.2. Applicants can be:

owners of premises in an apartment building,

chairman of the council of an apartment building,

governing bodies of a homeowners' association or governing bodies of a housing cooperative or governing bodies of another specialized consumer cooperative;

specified in part 8 of article 20 of the Housing Code of the Russian Federation public associations others are not commercial organizations.

(the paragraph was introduced by the decree of the Volgograd administration of 07.24.2017 N 1185)

2.3. The subject of an unscheduled inspection is a management organization - a legal entity, regardless of its organizational and legal form, or an individual entrepreneur, carrying out activities for the management of an apartment building.

2.4. The subject of an unscheduled inspection is the activities of the managing organization.

2.5. The purpose of an unscheduled audit of the activities of the management organization is to establish by the structural subdivision of the Volgograd administration the fact of fulfillment or non-fulfillment by the management organization of the terms of the management agreement for an apartment building.

2.6. When making a decision to conduct an unscheduled audit of the activities of the management organization, the structural unit of the Volgograd administration establishes the mandatory presence of the following circumstances:

the applicant's appeal on the management organization's failure to fulfill the obligations provided for in part 2 of Article 162 of the Housing Code of the Russian Federation;

compliance of the person who applied to the structural unit of the Volgograd administration with the requirements specified in clause 2.2 of section 2 of this Procedure.

2.7. In the presence of all the circumstances specified in clause 2.6 of section 2 of this Procedure, the structural unit of the Volgograd administration within five days checks the activities of the managing organization.

3. Conducting an unscheduled audit of the activities of the managing organization

3.1. An unscheduled inspection includes the following procedures:

reception and accounting of requests;

organization of unscheduled inspections;

unscheduled inspection;

registration of the results of an unscheduled check.

3.2. In the process of organizing an unscheduled inspection, a structural unit of the Volgograd administration carries out the following activities:

establishing the name and location of the managing organization (subject of unscheduled inspection) that manages the apartment building;

determination of the circumstances to be clarified during the unscheduled inspection;

preparation of an order (instruction) of a structural unit of the Volgograd administration to conduct an unscheduled inspection. The order (instruction) on conducting an unscheduled inspection shall indicate:

the name of the structural unit of the Volgograd administration;

surname, name, patronymic, position of an official or officials authorized to conduct an unscheduled inspection, as well as experts involved in an unscheduled inspection, representatives of expert organizations;

name of a legal entity or last name, first name, patronymic of an individual entrepreneur, an unscheduled check of which is carried out, location legal entities(their branches, representative offices, separate structural divisions) or place of residence individual entrepreneurs and places where they actually carry out their activities;

goals, objectives, subject of unscheduled inspection and the period of its implementation;

legal grounds for an unscheduled inspection, including mandatory requirements subject to an unscheduled inspection;

the timing of the unscheduled inspection;

a list of documents, the submission of which by a legal entity, an individual entrepreneur is necessary to achieve the goals and objectives of an unscheduled inspection;

the start and end dates of the unscheduled inspection.

(as amended by the decree of the Volgograd administration of 03/15/2013 N 580)

3.3. An unscheduled inspection is carried out in the form of a documentary inspection and (or) on-site inspection.

3.4. Abolished. - Decree of the Volgograd administration of 03/15/2013 N 580.

3.5. When conducting an unscheduled documentary audit, a structural unit of the Volgograd administration analyzes the following documents:

management agreement for an apartment building (with annexes);

minutes of general meetings of owners of premises in an apartment building (members of an association of homeowners) on issues related to the subject of an unscheduled inspection, including the approval of the terms of the management agreement for an apartment building, a list of works and services for the maintenance and repair of common property;

technical documentation for an apartment building;

acts of annual inspections of common property in an apartment building;

primary documents confirming the fact that the managing organization has complied with the terms of the contract for the management of an apartment building.

3.6. In the course of an on-site unscheduled inspection, a structural unit of the Volgograd administration conducts an inspection and survey of the territory and the apartment buildings located on it, premises common use apartment buildings, and with the consent of the owners of residential premises in apartment buildings - residential premises, as well as research, testing, investigation, examination and other control measures and performs other actions in accordance with the requirements of the current legislation of the Russian Federation.

3.7. An on-site unscheduled check is carried out if, during a documentary check, it is not possible to assess the activities of the management organization in fulfilling the obligations provided for by part 2 of Article 162 of the Housing Code of the Russian Federation, without conducting an on-site unscheduled check.

(Clause 3.7 as amended by the resolution of the Volgograd administration of July 24, 2017 N 1185)

3.8. During the unscheduled inspection, the following circumstances are to be clarified:

3.8.1. The amount of obligations assumed by the managing organization under the contract for the management of an apartment building.

3.8.2. The frequency and (or) timing of the provision of services and the performance by the managing organization of work on the proper maintenance and repair of common property in an apartment building.

3.8.3. Proper provision of utilities to owners of premises in an apartment building and persons using premises in an apartment building.

3.8.4. Proper implementation of other activities aimed at achieving the objectives of the management of an apartment building.

3.8.5. The fact of fulfillment or non-fulfillment by the managing organization of the terms of the contract for the management of an apartment building.

3.9. The results of an unscheduled inspection are formalized as an act of unscheduled inspection of the activities of the managing organization in the form in accordance with the appendix to this Procedure (hereinafter - the act of unscheduled inspection), drawn up in accordance with the requirements of the current legislation of the Russian Federation and municipal legal acts of Volgograd.

The act of an unscheduled inspection should contain a conclusion about the presence or absence of the fact of non-fulfillment by the management organization of the terms of the agreement for the management of an apartment building revealed by the structural unit of the Volgograd administration.

An unscheduled inspection act is drawn up within three days after its completion in two copies, one of which with copies of attachments is handed to the head, another official or an authorized representative of a legal entity, an individual entrepreneur, his authorized representative on receipt of familiarization or refusal to familiarize with the act unscheduled inspection. In the absence of the head, another official or an authorized representative of the representative, as well as in case of refusal of the inspected person to give a receipt for familiarization or refusal to familiarize with the act of unscheduled inspection, it is sent by registered mail with a return receipt, which is attached to a copy of the act of unscheduled inspection stored in the structural unit of the Volgograd administration.

3.10. Based on the results of an unscheduled inspection, if there are signs of an offense in the actions (inaction) of the managing organization, the taking of measures for which goes beyond the powers of local self-government bodies, the structural unit of the Volgograd administration sends the relevant information to law enforcement, other control and supervisory bodies to take measures in accordance with their competence.

4. Convening a meeting of owners of an apartment building

4.1. If, based on the results of an unscheduled inspection, it is revealed that the management organization has failed to comply with the terms of the contract for the management of an apartment building, the structural unit of the Volgograd administration, no later than fifteen days from the date of the appeal specified in paragraph 2.1 of Section 2 of this Procedure, convenes a meeting of owners of premises in this building to resolve issues on termination of the contract with such a managing organization and on the choice of a new managing organization or on changing the method of managing this house.

(as amended by the resolution of the Volgograd administration of 07.24.2017 N 1185)

4.2. When convening a meeting of owners of premises in an apartment building, a structural unit of the Volgograd administration is guided by the procedure established by parts 4, 5 of article 45 of the Housing Code of the Russian Federation.

4.3. The structural subdivision of the Volgograd administration brings to the attention of the owners of the premises in the apartment building the decision general meeting owners of the premises of this house and the results of voting on terminating the contract with the managing organization and choosing a new managing organization or changing the management method by posting an appropriate message about this in the premises of this house, determined by the decision of the general meeting of owners of premises in this house and available to all owners of premises in this house, no later than 10 days from the date of the relevant decision.

The decision and minutes of the general meeting of the owners of the premises of an apartment building on the termination of the contract with the management organization and the choice of a new management organization or change in the management method are posted by the structural division of the Volgograd administration in the state information system housing and communal services.

(Clause 4.3 as amended by the resolution of the Volgograd administration of 07.24.2017 N 1185)

4.4. Copies of the decision and minutes of the general meeting of owners of premises in an apartment building on termination of the contract with the management organization and the choice of a new management organization or change in the management method are sent by the structural unit of the Volgograd administration to the management organization no later than 10 days after the general meeting of owners of premises in the apartment building ...

(Clause 4.4 as amended by the resolution of the Volgograd administration of July 24, 2017 N 1185)

4.6. If, according to the results of the unscheduled inspection, it is not revealed that the managing organization has not complied with the terms of the contract for the management of an apartment building, the structural unit of the Volgograd administration shall notify the applicant specified in clause 2.2 of Section 2 of this Procedure in writing within 30 days from the day the structural unit of the Volgograd administration receives an application for unscheduled inspection.

Application

to the Procedure
unscheduled inspections
activities of managers
organizations carrying out
management of multi-apartment
houses on the territory
municipality
urban district hero city
Volgograd approved
by decree
administration of Volgograd
dated November 15, 2012 N 3135

(name of the structural unit of the Volgograd administration)
______________________________ "__" ________________ 20__
(place of drawing up the act) (date of drawing up the act)

________________________
(time of drawing up the act)

ACT of an unscheduled audit of the activities of the managing organization

N __________ at the address (addresses):
__________________
(location of the unscheduled inspection)
___________________________________________________________________________

Based __________________________________________________________
(type of document indicating the details (number, date)
an audit was carried out in relation to _______________________________________
(name of the legal entity, surname,
Name Patronymic name

(the last - if any) individual entrepreneur)
Date and time of the unscheduled inspection:

Duration ______.

"__" ________________ 20__ from ____ hour. ____ min. until _____ hour. ____ min.
Duration ______.

The total duration of the unscheduled inspection is _________________________.
(working days / hours)
The act was drawn up by ________________________________________________________.
(name of the structural unit of the administration
Volgograd)
With a copy of the order (order) to conduct an unscheduled inspection

familiarized with: ___________________________________________________________
(surnames, initials, signature, date, time)
__________________________________________________________________________.
Date and number of the decision of the prosecutor (his deputy) on approval
unscheduled inspection: _________________________________________.
(filled in if necessary
coordination of inspection with the authorities
prosecutor's office)
Person (s) who performed the inspection: __________________________________
(Full Name
(the last - if available),
___________________________________________________________________________
the position of the official (officials) who conducted the inspection;
in case of involvement
__________________________________________________________________________.
in the verification of experts, expert organizations, surnames, first names are indicated,
patronymic (last - if any), positions of experts and / or names
expert organizations indicating the details of the accreditation certificate
and the name of the accreditation body that issued the certificate)
During the unscheduled inspection, there were: ___________________
___________________________________________________________________________
(surname, name, patronymic (the last name - if any), position of the head,
other official (officials
__________________________________________________________________________.
persons) or an authorized representative of a legal entity authorized
a representative of an individual entrepreneur, authorized
a representative of a self-regulatory organization (in the case of an inspection
member of a self-regulatory organization) who were present at the
verification activities)

During an unscheduled inspection:
it was revealed that the management organization did not comply with the terms of the management agreement
apartment building, expressed in the following: __________________________
___________________________________________________________________________
(indicating the nature of violations; persons who committed violations, provisions
(normative) legal acts)
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________,
no violations were found _____________________________________________________
__________________________________________________________________________.

Recording in the log of inspections of a legal entity, individual

by the municipal control authorities entered (to be filled in when conducting
on-site inspection):

legal entity, individual
an entrepreneur, his authorized
representative)

Registration log of inspections of a legal entity, individual
an entrepreneur conducted by state control (supervision) bodies,
bodies of municipal control, absent (to be filled in when conducting
on-site inspection):
_______________________ ______________________________________
(signature of the inspector) (signature of the authorized representative
legal entity, individual
an entrepreneur, his authorized
representative)

Documents attached to the act: _________________________________________
___________________________________________________________________________
__________________________________________________________________________.

Signatures of the persons who carried out the verification: ____________________________________
____________________________________
____________________________________
____________________________________

I am familiar with the act of unscheduled inspection, a copy of the act with all
applications received: _________________________________________________
(last name, first name, patronymic (the last name - if available),
the position of the head,
__________________________________________________________________________.
another official or an authorized representative of a legal
person, individual entrepreneur, his authorized representative)
"__" ________________ 20__ ________________
(signature)
Mark of refusal to familiarize with the act of unscheduled inspection ___________
__________________________________________________________________________.
(signature of the authorized official (s) who conducted (s)
check)

On approval of the Procedure for conducting unscheduled inspections
activities of managing organizations carrying out
management of apartment buildings on the territory
of the municipal entity "City of Izhevsk"

In order to create conditions for the management of apartment buildings on the territory of the municipal entity "City of Izhevsk", in accordance with Art. 165 of the Housing Code, the Federal Law "On General Principles of Organization of Local Self-Government in the Russian Federation", guided by the Charter of the city of Izhevsk, I decide:
1. To approve the Procedure for unscheduled inspections of the activities of managing organizations that manage apartment buildings in the territory of the municipal entity "City of Izhevsk" (attached).
2. I reserve control over the execution of the resolution.

And about. Head of Administration of Izhevsk
I. V. MARININ

Approved
by decree
Administration of the city of Izhevsk
dated October 1, 2013 No. 1200

ORDER
CONDUCTING EXTRAORDINARY CHECKS OF MANAGEMENT ACTIVITIES
MANAGEMENT ORGANIZATIONS OF APARTMENT
HOUSES IN THE TERRITORY OF MUNICIPAL EDUCATION
"CITY IZHEVSK"

1. This Procedure for unscheduled inspections of the activities of management organizations that manage apartment buildings (hereinafter referred to as the Managing Organization) on the territory of the municipal entity "City of Izhevsk" (hereinafter referred to as the Procedure) is a regulatory legal act that defines the procedure for conducting an unscheduled inspection of the activities of the Management Organization on the basis of Art. 165 of the Housing Code of the Russian Federation (hereinafter - the LC RF).

2. The authority to organize and conduct unscheduled inspections of the activities of the Managing Organizations shall be exercised by a sectoral body - a structural subdivision of the Administration of the city of Izhevsk - the Department of Housing and Communal Services of the Administration of the city of Izhevsk (hereinafter referred to as the Authorized Body).

3. The basis for an unscheduled audit of the activities of the Management Organization is the appeal of the applicant (s) (hereinafter referred to as the applicant) about the failure of the Management Organization to fulfill its obligations under Part 2 of Art. 162 of the RF LCD, the terms of the contract for the management of an apartment building.

4. The Authorized Body conducts an unscheduled inspection of the activities of the Managing Organization based on the applicant's request, which include:
- owners of premises in an apartment building;
- chairman of the council of an apartment building (hereinafter - chairman);
- governing bodies of the homeowners' association;
- management bodies of the housing cooperative;
- governing bodies of another specialized consumer cooperative.

5. Applications of the applicant are made out in the form in accordance with Appendix No. 1 to this Procedure.

6. The subject of an unscheduled audit of the activities of the Managing Organization is the presence or absence of the fact of non-fulfillment by the Managing Organization of the obligations provided for in Part 2 of Art. 162 of the Housing Code of the Russian Federation, the terms of the contract for the management of an apartment building, the violation of which is indicated in the applicant's appeal.

7. The authorized body conducts an unscheduled audit of the activities of the Managing Organization to fulfill the obligations provided for in Part 2 of Art. 162 LCD RF, within 5 calendar days from the date of the applicant's request. In this Procedure, the day of application of the applicant means the day of registration in the established manner of the application of the applicant with the Authorized Body.

8. The following documents are attached to the applicant's appeal:
- a document confirming the authority of the person to apply for an unscheduled inspection on the basis of Part 1.1 of Art. 165 LCD of the Russian Federation (for the owner - a copy of the identity document, a copy of the certificate of registration of ownership, a copy of the agreement on the transfer of the premises into ownership; for the chairman - a copy of the minutes of the general meeting of the owners of the premises of the apartment building on the choice of the chairman; for the management bodies of the partnership of homeowners - a copy protocol on the selection of governing bodies; for governing bodies of a housing cooperative - a copy of the protocol on the selection of governing bodies; for governing bodies of another specialized consumer cooperative - a copy of the protocol on the selection of governing bodies);
- a copy of the management agreement for the apartment building (if any);
- documents confirming the failure of the Managing Organization to fulfill its obligations (if any).

9. An unscheduled inspection of the activities of the Managing Organization is carried out in the form of a documentary inspection and (or) on-site inspection.
Documentary verification is carried out by examining the documents submitted by the applicant and the Managing Organization.
On-site inspection is carried out in the following cases:
- the need to inspect the elements of the common property of the owners of premises in an apartment building related to the service and (or) work specified in the applicant's appeal; verification of a utility service, the provision of which is mandatory based on the level of improvement of this apartment building specified in the applicant's appeal; performing other necessary measures;
- if during documentary verification it is not possible to verify the completeness and reliability of the information contained in the documents submitted by the Managing Organization.
During the on-site check, the Managing Organization is obliged to submit the originals of the requested documents.

10. The authorized body, no later than one business day from the date of application within the framework of the organization of an unscheduled audit of the activities of the Managing Organization:
notifies the Managing Organization of the receipt of an appeal with an indication of the terms of the agreement for the management of an apartment building, the failure of which is indicated in the applicant's appeal, the date and number of registration of the appeal;
requests from the Managing Organization the documents specified in clause 11 of the Procedure.

11. The Authorized Body requests the following documents from the Management Organization for an unscheduled audit of the activities of the Management Organization, depending on the nature of the request:
- a copy of the minutes of the general meeting of owners of premises in an apartment building or a copy of the decision of the governing bodies of a homeowners' partnership, housing cooperative, other specialized consumer cooperative, which approved the terms of the management agreement for an apartment building;
- a copy of a work plan for a period of at least 1 year for the maintenance and repair of common property in an apartment building, indicating the frequency and timing of work (services) (if necessary);
- information about the performance of work and (provision of services) and the reasons for deviating from the plan (if necessary);
- copies of documents (acts) on the acceptance of the results of work (services) specified in the applicant's appeal;
- copies of acts of inspection of elements of common property in an apartment building related to the service and (or) work specified in the appeal;
- copies of documents (acts) for checking the state of common property by state housing supervision authorities;
- copies of documents that are part of the technical and other documentation specified in the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of 13.08.2006 No. 491 (hereinafter referred to as the Rules).

12. The managing organization is obliged to submit the requested documents to the Authorized body in accordance with clause 11 of the Procedure within one working day from the receipt of the notification of the applicant's appeal by faxing them or in the form of a scanned document by e-mail.

13. The managing organization has the right to provide the Authorized Body with a written explanation of the essence of the appeal within one working day from the date of receipt of the notification of the appeal.

14. The authorized body, when conducting an unscheduled audit of the activities of the Management Organization, proceeds from the responsibility of the Management Organization for obligations arising from the management of an apartment building established by the RF LC:
a) Part 2.2 of Art. 161 - when concluding a contract for the management of an apartment building by a homeowners' partnership, housing cooperative or other specialized consumer cooperative;
b) Part 2.3 of Art. 161 - when the Managing Organization is selected by the general meeting of owners of premises in an apartment building or based on the results of a local government body open competition, held in the cases and in the manner prescribed by Part 4 of Art. 161, and in accordance with Part 14 of Art. 161 cases - upon concluding a contract for the management of an apartment building by the developer with the Management Organization.

15. In case of an unscheduled check of the activities of the Managing Organization of the fulfillment of obligations to provide services and (or) work to ensure the proper maintenance of common property in this house and quality, the following is checked:
a) whether the service and (or) work specified in the appeal is included in the list of services and works specified in the management agreement for the apartment building, and whether the Management Organization is obliged to perform the service and (or) work specified in the appeal in accordance with the requirements of the Rules and the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, approved by the Government of the Russian Federation of 03.04.2013 No. 290 (hereinafter referred to as the List);
b) whether the service and (or) work specified in the appeal is included in the work plan for the maintenance and repair of common property in the apartment building, whether such a plan complies with the terms of the management agreement for the apartment building, whether the frequency (deadline) of the service and (or) work is observed, and whether the Managing Organization has fulfilled its obligation to provide the service and / or perform the work in a timely manner;
c) whether the quality of the service and (or) work specified in the appeal meets the requirements of the Rules;
d) whether the service and (or) work specified in the appeal is necessary to ensure the proper maintenance of the common property in this house - if the service and (or) work is not included in the List.

16. In case of an unscheduled check of the activities of the Managing Organization, the fulfillment of obligations for the provision of utilities is checked:
whether the provision of the utility service specified in the appeal is mandatory based on the level of improvement of this apartment building. At the same time, the concept of the level of improvement is determined by the Rules for the provision of communal services to owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation of 05/06/2011 No. 354.

17. If necessary, the Authorized Body shall involve in the participation of an unscheduled inspection organizations serving residential buildings, utility service providers, and other organizations whose assistance is necessary when considering the documents of the Managing Organization; when inspecting the elements of the common property of the owners of premises in an apartment building; on carrying out examinations and examinations aimed at establishing the facts of failure of the Managing Organization to fulfill its obligations.

18. Based on the results of an unscheduled audit of the activities of the Management Organization, the Authorized Body draws up an inspection report, which indicates the facts and circumstances established following the results of an unscheduled audit of the activities of the Management Organization. The inspection report is drawn up immediately after its completion in two copies. The inspection report is drawn up by the Authorized Body on the form of the Authorized Body in the form in accordance with Appendix No. 2 to this Procedure.

19. If the Authorized Body concludes that an unscheduled audit of the activities of the Managing Organization revealed the fact that the Managing Organization did not fulfill its obligations under the contract for the management of an apartment building, provided for in Part 2 of Art. 162 of the Housing Code of the Russian Federation, the inspection report must indicate which obligation under the contract for the management of an apartment building is not fulfilled by the Management Organization.
If, as a result of an unscheduled audit of the activities of the Managing Organization, the Managing Organization has failed to comply with the terms of the contract for the management of an apartment building, the obligations provided for in Part 2 of Art. 162 of the LC RF, the Authorized Body is taking measures to convene a general meeting of owners of premises in an apartment building to resolve the issue of terminating the management agreement for an apartment building with the Managing Organization, in the actions (inaction) of which it was revealed that the obligations under Part 2 of Art. 162 of the RF LCD, and on the choice of a new Managing Organization or on changing the method of managing this house. The decision of the general meeting of the owners of the premises of an apartment building is drawn up in a protocol, a copy of which is sent within five working days from the date of its preparation to the Managing Organization that manages the apartment building.

20. In the absence of facts of non-fulfillment by the Managing Organization of the obligations provided for in Part 2 of Art. 162 of the Housing Code of the Russian Federation, the terms of the contract for the management of an apartment building, this circumstance is recorded in the inspection report.
The results of the check are reported to the applicant within the time frame established by the current legislation of the Russian Federation.

21. If, during an unscheduled inspection, violations by the Managing Organization of the requirements established by federal laws, laws of the Udmurt Republic, as well as municipal legal acts in the field of housing relations are revealed, the Authorized Body shall send to the bodies authorized to exercise state control (supervision) the inspection materials for consideration and decision-making on bringing (refusal to bring) to administrative responsibility (State Housing Inspectorate under the Ministry of Construction, Architecture and Housing Policy of the Udmurt Republic; Office Federal Service on supervision in the field of consumer rights protection and human well-being in the Udmurt Republic).

Appendix No. 1
to the Procedure for conducting unscheduled
audits of the activities of the Managing Organizations,
managing apartment buildings
on the territory of the municipal entity "City of Izhevsk"

The Department of Housing and Utilities
farms of the Administration of the city of Izhevsk -
To the authorized body for the organization
and conducting an unscheduled inspection
activities of the Governing Organizations
from whom _______________________________,
address: ________________________________,
telephone _______________________________.

Appeal
on the failure of the Managing Organization to comply with the
commitments

The applicant is ________________________________________________________
(the owner of the premises in an apartment building /
chairman of the council of an apartment building /
apartment building council representative / authority
managing a homeowners' association / body
housing cooperative management / governing body
other specialized consumer cooperative
apartment building),
located at: _____________________________, which is confirmed

(title documents)
In accordance with the decision of _____________________________________________
(general meeting of owners of premises
in an apartment building / general meeting of members
homeowners' / housing associations
cooperative, other specialized
consumer cooperative)
The managing organization of the said house has been selected
__________________________________________________________________________.

In connection with violations of the terms of the contract for the management of the apartment
home, namely __________________________________________________________,
(indicate the facts of violation of the terms of the management agreement)
I ask you to organize an unscheduled audit of the activities of the Manager
organizations ______________________________________________________________.
(name of the legal entity)
Applications (if available):
1. A copy of the agreement _________________ dated "__" ___________ ______, No. ___.
2. Documents confirming non-compliance by the Managing Organization
their obligations.
3. Power of attorney from "__" _________ ____. No. ___ (if
the appeal is filed by the applicant's representative).
"__"___________ ____ G.
Applicant:
____________________
(Full name, signature)
M.P.

As you know, quality checks of works and services performed and provided by the Criminal Code are carried out regularly (including at the filing of citizens) and in most cases end with the imposition of administrative fine... The Criminal Code does not always carry out work on appealing decisions made based on the results of inspections, which entails significant costs for paying fines and negatively affects economic activity... Thus, the Criminal Code is maximally interested in reducing the amount of penalties in conditions of irreducible “activity” of citizens - consumers of services and works and the number of inspections and other administrative procedures carried out at their filing.

Balance of interests of citizens and management companies.

On the one hand, filing a complaint with GZI about a violation of the Criminal Code of the rules for maintaining and repairing a house is the right of every owner of a room in an apartment building, through the implementation of which an attempt is made to influence the Criminal Code in order to improve the quality of the work performed by it (services provided), timely conduct all the necessary technical procedures, etc. On the other hand, for the most part, the owners of the premises do not think about what will actually turn out for them to bring the Criminal Code to administrative responsibility for each appeal. According to the statistics of managing organizations, the amount of the fine for one offense is two to three times higher than the annual payment for the maintenance and repair of one apartment. Thus, regular imposition of fines can also achieve the opposite effect - a decrease in the quality of service for houses. In any case, this is what professional participants in the market for housing and communal services say: they say that the money collected from the owners will go not to repair the premises, but to pay fines. One can argue with this statement, but a fact is a fact: if fines grow, and the quality of work and services falls, then the owners should use other levers of influence than wait for help from GZI. In addition, everyone is well aware that our administrative machine has many flaws, and the most common of them are bureaucracy and formalism. Inspections for the sake of inspections, statistics and the achievement of other goals that have nothing to do with the actual suppression of illegal actions of economic entities will surprise no one.

There is one more nuance. Inaction of the owners and non-observance of RNO technical regulations can also serve as a reason for the unsatisfactory state of the common property of the owners of premises in the MKD, however, it is extremely difficult to prove this, and sometimes it is impossible. In turn, the procedure for filing recourse claims against RNO is a thankless and costly business.

In such conditions (during the conduct of mass inspections and the growing dissatisfaction of the owners), it is extremely important for the Criminal Code to achieve a reduction in the size of fines in order to free up funds for solving other tasks in the framework of the management of MKD. To do this, it is necessary to clearly understand the scope of powers of the officials of the GZI and the procedure for conducting unscheduled inspections by them, as well as develop a procedure for interaction with the GZI.

Proper maintenance of common property.

According to clause 10 of the Rules for the maintenance of common property, common property must be maintained in accordance with the requirements of the legislation of the Russian Federation (including on the sanitary and epidemiological well-being of the population and technical regulation) in a state that ensures compliance with certain characteristics and requirements (both aesthetic and technical) to the architectural appearance of the house, its safety, the availability of premises for use, the constant readiness of engineering communications, etc.

If the owners chose this method MKD management As the management of a managing organization or direct management, the proper maintenance of common property is ensured by the owners of the premises by concluding an appropriate agreement (clause 16 of the Rules for the maintenance of common property). By the way, the maintenance of common property implies an impressive list of works, in particular, maintenance and overhaul of MKD (clause 11 of the Rules for the maintenance of common property). Thus, the proper maintenance of the common property is ensured by its owners, and the managing organizations are responsible to them for violation of their contractual obligations and are responsible for the proper maintenance of the common property in accordance with the legislation of the Russian Federation (clause 42 of the Rules for the maintenance of common property).

Responsibility for improper maintenance of common property.

Inadequate maintenance of the common property of the owners of premises in the MKD is a consequence of non-compliance with the Criminal Code, including the Rules for the maintenance of common property. This type of offense in accordance with Art. 7.22 of the Code of Administrative Offenses of the Russian Federation is a reason for bringing an economic entity to administrative responsibility. For officials, the amount of the fine ranges from 4,000 to 5,000 rubles; for legal entities - from 40,000 to 50,000 rubles.

Next, we will outline the key points in who is the subject of an offense under this article of the Code of Administrative Offenses of the Russian Federation and in what cases the managing organization cannot and should not be held administratively liable on the grounds listed in it.

When conducting inspections, the officials of the State Property Inspectorate, fixing the violations found, do not find out the reasons why they have arisen. On this stage the managing organization must clearly understand whether it is its fault that the maintenance and repair of the MKD are carried out in an inappropriate manner.

According to the general rules (we will designate the key points), the management contract, among other things, should indicate: a list of services and works for the maintenance and repair of common property in an apartment building, the procedure for changing such a list, the procedure for determining the price of the contract and the amount of payment for the maintenance and repair of residential premises. In addition, clause 17 of the Rules for the maintenance of common property obliges the owners of premises to approve at the general meeting a list of services and works, the conditions for their provision and implementation, as well as the amount of their financing. At the same time, on the pages of the magazine, we repeatedly warned the Criminal Code that the failure to indicate in the list of works and services approved by the general meeting of owners, any works and services, the need to perform (provide) which follows directly from the regulatory legal acts in the field of maintenance and operation of housing fund, does not exempt the Criminal Code from their implementation (rendering). This conclusion is confirmed by the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 09.29.2010 No. 6464/10, the interpretation of the legal norms of which is generally binding and is subject to application when the courts consider similar cases.

In particular, this decree states that all current, urgent, mandatory seasonal work and services are considered provided for in the contract by virtue of the norms for maintaining the house as an object and must be carried out by management companies, regardless of whether the contract mentions the corresponding specific actions and whether there is the issue of the need for their implementation is a special decision of the general meeting of owners of premises in the house. Management organizations act in these relations as specialized commercial organizations that manage apartment buildings as their main entrepreneurial activity... Therefore, the determination in the contract of the proper amount of payment for the normally required maintenance and maintenance of a residential building, which is foreseen under normal conditions, and current repairs, taking into account its natural wear and tear, is their entrepreneurial risk. If, however, the performance of urgent work and services (both current and capital) will be caused by circumstances that Management Company could not reasonably foresee and prevent with the usual degree of care and discretion and for the occurrence of which she is not responsible, then such expenses must be additionally compensated to her by the owners of the premises in the house.

In this regard, the Criminal Code should be very careful to apply the recommendations of the Ministry of Regional Development of Russia, contained in the Letter dated October 14, 2008 No. 26084-SK / 14, regarding MKD requires a decision of the general meeting of owners of premises, the absence of such decisions means that the Criminal Code:

Does not have the right to perform work and services unauthorized by the owners;

Should not be responsible for the consequences of failure to perform such works and services;

It cannot be held administratively liable for their non-fulfillment, and the GZI bodies have no right to give instructions on their fulfillment.

By the way, the analysis of judicial practice shows that the courts, when considering the category of cases of interest to us, do not take into account the references of the Criminal Code to the contents of the Letter of the Ministry of Regional Development of Russia dated 14.10.2008 No. 26084-SK / 14, since it is due to Part 1 of Art. 13 of the Arbitration Procedure Code of the Russian Federation is not included in the range of normative legal acts used in the consideration of cases.

A few words should be added here about the obligation to conduct the Criminal Code. renovation works capital character. Overhaul of common property, in accordance with clause 21 of the Rules for the maintenance of common property, is carried out by decision of the general meeting of owners of premises to eliminate physical wear or destruction, maintain and restore serviceability and performance indicators, in case of violation (danger of violation) of the established maximum permissible reliability characteristics and safety, as well as, if necessary, replace the relevant elements of common property (including the enclosing load-bearing structures of an apartment building, elevators and other equipment). According to paragraph 37 of the Rules for the maintenance of common property, when the general meeting of owners of premises makes a decision to pay the costs of capital repairs of an apartment building in accordance with Art. 158 of the Housing Code of the Russian Federation, the amount of payment for the overhaul is determined taking into account the proposals of the management organization on the start date of the overhaul, the required amount of work, the cost of materials, the procedure for financing the repair, the timing of reimbursement of expenses and other proposals related to the conditions for the overhaul.

First, the managing organization must clearly understand the difference between maintenance and overhaul. Routine repair of common property, in accordance with clause 18 of the Rules for the maintenance of common property, is carried out by decision of the general meeting of owners of premises to prevent premature wear and tear and maintain performance and operability, eliminate damage and malfunctions of common property or its individual elements (without replacing enclosing supporting structures, elevators ). If the inspectors identify violations technical condition residential building, which can be easily eliminated during maintenance financed by monthly payments of the owners, the Criminal Code will be held accountable, and the arguments that the organization did not receive orders from the owners to carry out capital work and did not agree on the procedure for their payment will be rejected by both inspectors and judges (see resolutions of the FAS UO dated 28.12.2010 in case No. A50-13516 / 2010, FAS VVO dated 08.09.2010 in case No. A31-2421 / 2010, FAS PO dated 27.05.2010 in case No. A65-31513 / 2009, FAS SZO dated 03.03.2010 case No. A66-9630 / 2009).

According to clause 3.8 of the Methodology for determining the cost of construction products on the territory of the Russian Federation, approved by the Decree of the Gosstroy of Russia dated 05.03.2004 No. 15/1, the current (preventive) repair consists in the systematic and timely implementation of work to prevent wear of structures, finishes, engineering equipment, as well as work on the elimination of minor damages and malfunctions. TO overhaul buildings and structures should include work on the restoration or replacement of individual parts of buildings (structures) or entire structures, parts and engineering equipment due to their physical wear and tear and destruction to more durable and economical ones that improve their performance. Among the work on the overhaul of external engineering communications and improvement facilities are the work on the repair of water supply networks, sewerage, heat and gas supply and power supply, landscaping of courtyards, repair of paths, driveways and sidewalks, etc.

Please note that Federal Law No. 215-FZ of July 18, 2011 amended the Town Planning Code, including the introduction of the concept of overhaul of facilities capital construction... So, the replacement and (or) restoration of building structures of capital construction objects or elements of such structures, with the exception of load-bearing building structures, replacement and (or) restoration of engineering support systems and networks of engineering support of capital construction objects, or their elements, as well as the replacement of individual elements of supporting building structures with similar or other elements that improve the performance of such structures and (or) the restoration of these elements (clause 14.2 of article 1 Urban Development Code RF). In addition, the Federal Law of December 29, 2004 No. 191-FZ "On the Enactment of the Town Planning Code of the Russian Federation" was supplemented by Art. 10.4, which legalizes that list construction works, which by the Federal Law of July 21, 2007 No. 185-FZ "On the Fund for Assistance to the Reform of the Housing and Utilities Sector" (hereinafter - Law No. 185-FZ) are referred to the category of major overhaul of apartment buildings. So, from the text of Art. 10.4 it follows that in order to implement regional targeted programs for the overhaul of MKD financed from the fund, the law may establish the specifics of classifying the types of work as overhaul of MKD. To date, according to paragraph 3 of Art. 15 of Law No. 185-FZ, overhaul includes:

Repair of in-house engineering systems of electricity, heat, gas, water supply, drainage;

Repair or replacement of elevator equipment found unsuitable for operation, if necessary, repair of elevator shafts;

Roof repair;

Repair of basements related to common property in apartment buildings;

Insulation and repair of facades;

Installation of collective (common house) resource consumption meters and control units (thermal energy, hot and cold water, electric energy, gas);

Repair of MKD foundations, including on a pile foundation, located in the Far North and equivalent areas.

Officials of the Criminal Code, realizing that with regard to specific MFBs, the need for major repairs has already ripened and that without the decision of the owners, the organization cannot formally start performing the relevant work (and without agreeing on the procedure for financing the capital repairs of the Criminal Code and is not interested in carrying it out), should initiate organizing a general meeting of owners with an appropriate agenda. In the event that the Criminal Code technically justifies the need to carry out capital work in the MKD, and the owners nevertheless refuse to make a positive decision on this issue, the managing organization will have something to justify in front of the inspectors and judges. By general rule The Criminal Code will be liable for improper fulfillment of its obligations regarding the maintenance and repair of MKD only if there is fault (Article 401 of the Civil Code of the Russian Federation). Since the management organization must prove the absence of its fault in the failure to perform capital work on its own, all technical documentation confirming the need for major repairs, evidence of familiarization of the owners with its content and the latter's refusal to carry out capital repairs of the house must be collected.

Taking into account the foregoing, the conclusion suggests itself that in order to minimize the costs of fines in GZI, the Criminal Code should elaborate in detail the terms of the MKD management agreement and the procedure for collecting evidence of the conscious refusal of the owners of premises in MKD to carry out certain works.

The insignificance of the violation.

The only way not to pay a fine imposed on a legal basis and proof of the fact of an offense is to appeal about its insignificance. In judicial practice, there are enough examples when decisions on bringing to administrative responsibility issued to the Criminal Code are canceled due to insignificance (provided that the organization has taken all measures to eliminate the committed violation) (see the decisions of the FAS PO dated 08.12.2010 in case No. A12 -12164/2010, FAS NKO dated 06.12.2010 in case No. А32-11549 / 2010-11 / 220-94АЖ, FAS VVO dated 10.11.2010 in case No. А28-2546 / 2010, FAS SZO dated 09.08.2010 in case No. A56-6562 / 2009).

Note: in accordance with Art. 2.9 of the Code of Administrative Offenses of the Russian Federation, in case of insignificance of the committed administrative offense, a judge, body, official authorized to resolve a case on administrative offense, can release the offender from administrative responsibility and limit themselves to an oral remark.

The insignificance of the offense takes place in the absence of a significant threat to the protected public relations.

Clause 18 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 02.06.2004 No. 10 explains that when qualifying an offense as insignificant, it is necessary to proceed from an assessment of the specific circumstances of its commission. Thus, in order to avoid paying a fine, the Criminal Code may try to appeal the relevant decision of the GZI in court, indicating that the violation is insignificant (if, of course, it really is such).

Regulations for interaction with GZI

We offer an approximate algorithm of actions, developed taking into account the provisions Federal law dated 26.12.2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" (hereinafter - Law No. 294-FZ), which will help the Criminal Code to quickly find out whether employees of GZI exceed their powers when conducting an unscheduled inspection upon the fact of citizens' appeal. Having information about violations of the verification procedure, the Criminal Code will be able to quickly prepare to protect its interests in terms of minimizing the cost of paying fines.

Regulations on interaction between the Criminal Code and the Civil Code.

The regulation of interaction between the MC and GZI in the process of carrying out an unscheduled inspection of compliance with the Rules for the maintenance and repair of MKD and premises in them.

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