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пятница, 17 января 2014 г.

Public organizations shall


ANO
"The Committee for the Protection of the rights of owners of premises of apartment buildings in Yekaterinburg "
620014 , Moscow , ul. Radyshcheva 28 , Tel 8904548 23 58 Publicstriv@bk.ru
Public organization "Ekaterinburg Development Council territorial self-government"
620103 , Ekaterinburg, Patrice Lumumba, 87 - 3, Phone 8904548 23 58 , Publicstriv@bk.ru
Council senior home district Khimmash , Yekaterinburg
620010 , Ekaterinburg, Isetskaya 16 -82, Publicstriv@bk.ru

Yekaterinburg, Sverdlovsk region ,
Lenina 24 ,
Head of the city - chairman of the city council,
Roizman Eugene V.

Local organizations , self-defined as an association , in the protection of their rights torn down , victims and participants in these destructive relationships,
notify
Sverdlovsk Region Government , the Legislative Assembly of Sverdlovsk region , Yekaterinburg City Duma , that the manipulation in the housing sector , linked to the privatization of housing, measures to overhaul and , finally , "Creating a Regional Assistance Fund overhaul of the common property in apartment buildings Sverdlovsk region "in its present state , is another monstrous pyramid structure of criminal deception of the population.


Forcing people to adopt attitudes that have no basis in reality infobase undocumented feature , have not passed the period of preparing the population to new forms of relations , is inadmissible.
We protest against the arbitrariness of local and retracting the population, especially the low-income groups in destructive , illegal relationship.
December 12, 2013 , Constitution Day , President and leading politicians of Russia, on the main TV channels , said that 30% ( 160 000 named ) , current laws contrary to the Constitution of the Russian Federation , and demonstrate "legal debilizm ", " concepts of the ruling elite " of local government . These "deviations" bring great commercial interest specific to a narrow circle of persons and permanent , unjustifiable damage to citizens , including and needy .


Nothing new . During the collectivization of the population identified on rural work , they identified common allotment robbed passport, the right to self-determination and called it - "Land to the peasants ! ".
The same thing happens in the Sverdlovsk region - " Housing Property - Owners ! "
In the Sverdlovsk region Act overhaul MK houses yet to be discussed , and the Sverdlovsk region government Decree number 1313 of 24 October 2013. "On a regional fund for overhaul of the common property in the Sverdlovsk region MCD " is already taken !

Maybe people do not understand their happiness ?

Then a brief tour .
Any text of the law opens Glossary - Glossary of terms in a highly specialized industry knowledge to the interpretation , comments and examples.

Property - legal and economic concept - since 1991 , States to develop a step by step procedure for maintenance and housing privatization . Arbitrarily chosen from a list of rule of law, bad, poor is only 30%. Other federal laws for a single day in the Sverdlovsk region were not working.
Residents privatized square meters in an apartment building on the result of acts of BTI 80s . Statistics and control of the Housing Fund, which was administered by the Administration of the city, were not kept, sabotaging (PP Russian Federation № 1301 from 13.10.1997 , PP RF from 30.04.2009 N 388) , "Regulations on the state account of housing in Russia"
In a city where a huge number of technical colleges , do not care to creating UKomp . , Which would allow the city and a huge number of jobs and conflict utilities.
Under the regulations of the Russian Federation № PP 75, of 06.02.2006 , 2000 - 3000 Governing organizations Yekaterinburg, 100 only work that can not physically provide the management and preservation of housing.
"Owner" never seen technical passport, has no idea about the quality and quantity of the General property houses the local area . Data on the quantity and quality of the property , are part of the formula for calculating payment for public resources according to the norm , so repeatedly exceeded the calculations, which artificially creates an unreasonable profit UKompaniyam .
The transfer of common property was not by choice and competition management companies did not happen. "Owners" personal square . meters by default passed " Company " and " Company ," which presented the directors themselves as "owners" and " statutes " of these contraptions enterprises inaccessible encrypted and no worse than the Masonic Order.
This means that the transfer of the ownership of housing residents on the quality and quantity of the common property of territory with% wear and promising program for the further content of this property - did not happen .

    
CC itself assume its responsibilities for economic management of an apartment house ; these duties is an act of goodwill , unilateral transaction in another's interest , not arising from a contract of agency or contract to provide paid services . The very same conditions and draws himself ;

    
CC received personal information about the owner of the apartment and who live in it by third parties directly to the owners and residents in the apartment with any suggestions (including competitive ) , did not apply ;

    
The owner of "Models of Yekaterinburg" : do not know the quality and quantity of his property , the composition of services , the contents of which oblige him to pay ,

    
document does not have the right , does not know the size of the territory , the contents of which he pays at the rate of which he does not know. But this can occur within its territory , with the connivance of the authorities organized , some even foreign nationals with commercial enterprises that do not have neither registered nor a legal obligation to the country and those disenfranchised by the owner ( stalls, parking , construction ...).

    
does not know the technical characteristics of the house and related technological cycle of works on its content , which means that a blind cover the rent - a tribute which his unconditional obligation overlaid Chernetskii team .

The quantity and quality of common property , the list of works (services) , schedule and conditions for their implementation , = cost of keeping homes - essential conditions that are not in the freak who foisted "owner" under the guise of a contract , which means " ZAO " " Company " and " owners " , the subjects of contractual relations are not at law of the Russian Federation , which does not prevent the team Chernetskogoprevratit housing Yekaterinburg in the criminal system , with gray financial flows , with the connivance of the prosecutor's office , housing inspection and the Warsaw Pact , which was noted in the media Federal prosecutor , Seagull Yu, when meeting with a document in this area.
Owners forced to pay and imputed responsibility for the property, which is not mentioned in the contract maintenance of housing , has no price treaty obligations and those responsible for those . essential conditions .
In other words :

    
Legally privatization of common property has not occurred .

    
Statistics and workflow in the housing sector is absent, or is fictitious. Real assessment of the fund does not have lived , charging for housing maintenance goes on false data and pipe flows of water 100 times greater than it flowed . Overhaul not tied to the quality of the concrete house and city development plan . And the plan itself , either.

    
Equity owners immediately upon payment go to the gray financial schemes , and are not subject to any control .

    
Artificially formed as debt management companies , and "owners" .

Overhaul - regulated by other legislative provisions than the " maintenance of housing " and a different area of ​​responsibility . Homes, regardless of ownership subject to state registration ... (in red. PP RF 30.04.2009 N 388) , which includes the technical account , officials of the executive authorities of subjects of the Russian Federation , BTI shall be liable in accordance with law.
Decision on refurbishing the house is done interdepartmental commission created for this purpose.
Chairman of the commission appointed official of the federal executive body .
The committee also includes representatives of the bodies authorized to carry out state control and supervision in the areas of sanitary-epidemiological , fire, industrial , environmental and other safety , consumer protection and human well-being , the Commission recognizes the apartment house emergency and subject to demolition can only be based on the results set out in the conclusion of a specialized organization conducting the survey .
Objects overhaul housing financed by funds received as payment for overhaul citizens are included in the consolidated list of the title overhaul the district based on the proposals of municipal enterprises in accordance with the schedules of prospective repairs.
The object is included in a title list in the presence of an approved design - budget dokumentatsii.Interval time between the approval of the design - budget documentation and the start of the repair - construction works shall not exceed two years.
Funds for capital repairs, received payments citizens accumulated in special accounts .
Means citizens to overhaul housing as they accumulate in a special account sent to :
- To make advances for the capital repair in accordance with the approved itemized lists and based on estimates and contracts ;
Act on the results of the completed construction or reconstruction entry shall be made by the interdepartmental commission in technical documentation according to the position of the State registered housing .
Overhaul - a separate set of documents , a separate fixed-term contract and a separate checking account of the contractor.
Overhaul - a separate financial report tax contractor. Certain articles of accounting.
Overhaul - an activity ( has a different code on the All-Russian classifier ) is not a service management companies and not give them the right to dispose of these funds are not included in the current financial and economic activity .
Fundraising under " overhaul" should be done on a separate receipt.

All activities related to housing maintenance and major repairs are the responsibility of the state authorities of the Russian Federation.
Monstrous crime and scam their citizens is a ten-year campaign , fundraising under " Repair " from each square meter of citizens ,
These charges are not decorated futures contract, have no financial addresses executor , not justified the program "Development of the territories." So they disappear into the specially created for this pyramid "black box" - ICC

"One Settlement Center" - a monopolist - mandatory binding citizens , private , commercial organization, tied to a private commercial bank "Yekaterinburg " has one master - the team Chernetskii , Vysokinsky ... ICC has no banking license . In some regions of the Russian Federation ( Odintsovsky, ... ) , the ICC banned court decision as illegal .
Fiscal discipline , provides that funds received from citizens in payment are sent to address financial within three days , otherwise the bank denied the license. But to a commercial organization of ICC - these requirements are not mandatory and it transmits citizens pay providers of utility services in a year, or when they want and it will be in an amount that is deemed necessary.
Funds stakeholders deposited on deposit accounts, under 11 - 15%, ( "MC" Nizhneisetskaya , "etc. ), companies are being sued , win, receive bonuses and penalties , and everyone is happy.
What would be gray and white financial flows , each UKompaniya has two current accounts, with one point in the contracts and in other receipts . Similarly split and CSC - Financial logistics.
What amounts to which financial address , and report on what the tax passed the first time does not parse . And even more , never, under any circumstances, this information will not be given to the owner.

The main complaints of " owners to the prosecuting authorities , housing inspection , management companies :

    
Lack of documents. "Owner" has only "blind" receipt - obligation to pay .

    
Lack of information , calculations and participation "owners" in the management and decision-making .

    
Not reporting on means used . Or form do not meet the Federal Law number 25 , on buhg . statements.

    
Unfounded charges , denial of recalculations , even by the courts .

    
Unfounded conclusion of contracts with contractors, which increase the cost " of maintaining a home ." (ICC , derotizatsiya , pavportnaya service , clearing , etc.)

    
Manipulation of documents and information in major overhaul, with the participation of the Budget , often behind "owner" on his behalf , with the falsification of documents. ( HOA Old Khimmash )

Based on the work of utilities Yekaterinburg today drafted amendments to the Housing Code of the Russian Federation.
But Housing System Yekaterinburg built on violations and enforcement of the Russian legislation .
It has not been studied properly, there is no sound on statistics , which means that these amendments likely lead to a new deadlock and deceit population than issues .

Housing system Yekaterinburg, has not led to the advancement of the owners , and the owners have not done .

As long as the owner does not get in the property community property , they can not and may not be full participants and supporters of these changes.

Home care today - changing the status of the owner, rule of law and adequate responsibility for its execution is not .

Chairman of the Committee Gluhov Vitaly Committee member Lyudmila Datsyuk Tikhonovna

Yekaterinburg . Sverdlovsk region . , 620103 , Ekaterinburg, Sverdlovsk region .
str Academica Schwartz House 8 \ 1 , 179 sq Patrice Lumumba 87 m 3

Tel. 8 90 454 8 235 8
Publicstriv@bk.ru
ANNEX regulations.

Federal laws have no force in the Sverdlovsk region .

Long before transferring the ownership of the public housing fund , the Government of the Russian Federation has prepared legislation , responsible and supervisory structures in which the transfer and further relations was painted with much detail .
The Government has provided time for the process of transfer of ownership , forms of documents and the required amount of management companies to conduct competitions of their choice prior to 1 January 2007.
FZ 04.07.1991 № 1541-1 , "On privatization of the housing stock in the Russian Federation"
1086 N 26.09 . 1994 - PP Russian Federation "On State housing inspection in Russia" , one of whose functions is to monitor the availability and correctness of writing contracts for housing and communal services , their focus on the protection of consumer rights , monitoring of compliance with the quality of service housing Fund
P. 8. State housing inspectors are personally liable for failure to perform their assigned functions for the implementation of state control over the use and safety of the housing stock and the common property of the owners of premises in an apartment building . (as amended . 06.02.2006 N 75) ( ed. 18.07.2007 , 10.08.2009 )
N 431 29.03.1996 Presidential Decree "On the new stage of implementation of the State program" Housing "
N 432 29.03.1996 Presidential Decree " On the development of competition in the provision of maintenance and repair of state and municipal housing funds"
№ 17-152 02.12. RF Ministry of Construction in 1996 . " Guidelines on the calculation of rates for the hiring and dismissal for the overhaul of premises included in the rate of payment for maintenance and repair of municipal housing and public housing "
09 N 139 . 12. 1999 Federal Committee on Construction and Housing Complex "Recommendations for standardization of workers employed maintenance and repair of housing "
N 97 30.03.99 01.01.2000 Russian State Standard Resolution , Russian Federation State Committee on Statistics ' National Classification of public services "
25.05.2000 number 51 State Committee for Construction and Housing . " Classification of works and services"
MDS 13-17 2000 Guidelines for the elimination of the content and use of housing and adjacent territories
Number 303 28.12 . 2000 State Committee on Construction and Housing complex. Guidelines on the financial substantiation rates for maintenance and repair of the housing stock
Number 9 23.02.1999, State Committee for Construction, Architecture and Housing Policy . "Methods of planning, accounting and calculation of the cost of housing services ."
27.09.2003 № 170 State Committee for Construction and Housing and Communal Services " Rules and regulations of technical operation of housing "
MDK 02-04.2004 Toolkit for maintenance, repair housing (approved by the State Construction Committee of Russia )
N 248 22.07.2003 Russian State Standard GOST R 51617-2000 Housing Services general specifications
29.07.2004 № 98 Federal Law "On Commercial Secrets"
№ 189 - FZ of the Russian Federation 29.12.2004 - Housing Code . The right to choose a method for controlling owners of premises vested MCD . This is an obligation which , based on the meaning of Art. 18 FZ should be performed prior to January 1, 2007
21.05.2005 N 315 PP RF " Adoption of a model contract social tenancy "
21.01.2006 number 25 PP Russian Federation "On Approval of the Rules for use of living quarters "
Number 47 28.01 2006 PP RF . "Regulations on the Recognition premises of residential premises , residential premises uninhabitable and apartment house emergency and subject to demolition "
Number 42 26.01 . RF PP 2006 . " Assignment of premises for specialized housing stock and standard contracts of employment of specialized premises"
06.02.2006 number 75 PP Russian Federation " On the order of local government open competition for the selection of the managing company for the apartment building "
Monitoring the implementation of the management organization of its obligations under the contracts management ICM , № 307 23.05.2006 PP Russian Federation "On the procedure for providing public services to citizens "
Number 135 - 26.07.2006 Art. 15 of the Federal Law "On Protection of Competition"
Number 491 13.08.2006PP RF Rules the common property in the MCD and the rules change the fees for the maintenance and repair of the dwelling
N 185 -FZ 21.06 . 2007 " Housing Reform Fund "
25.12.2008 № 273 " On Combating Corruption"
23.09.2010 N 731 PP RF "Standard disclosure organizations engaged in the management of the MCD "

An algorithm for solving issues overhaul , as follows:

    
Meeting of owners , agrees to the expertise and involvement of the interdepartmental commission . The basis for recognition of the house subject to thorough repair requires a decision of the interdepartmental commission , which must confirm that the house is not a monument of history and architecture, that he was not physically and morally outdated and its overhaul or refurbishing feasible and financially justified.

    
Based on this decision and calculated estimates agreed with the owners of the scope of work and share their participation, then , on the basis of this judgment is a separate agreement under which opens a personal account to raise funds .

    
Personal account opened by no more than 2 years since specifications estimates , according to technical regulations change.

    
Fundraising for the overhaul with owners Yekaterinburg, is in the nature of the advance payment , and not for the actual calculation , on request , work , debt obligation.

    
Funds that are collected on a personal account , not a "service" and wear characteristics Property investment in the property , specified by a separate agreement , and if it is not a separate agreement stipulated penalties, the rights from the ICC on their assessed in monthly receipts, no .

    
Performance on a major overhaul , based on certificate of completion , the Interdepartmental Commission shall record in the acts of technical condition of an apartment building , it produces revaluation , which is reflected in the statistics as a stockholder and owner. If no such entry exists , then the overhaul has not happened , or it did not meet the necessary conditions. So this order and to carry out works of a capital nature , not subject to payment . Withdraw funds from the account is permissible only if the act of receiving the interdepartmental commission .

    
Decree number 30 from 11.01.2002 " On approval of methods and the use of funds received from citizens for the overhaul of municipal housing in Yekaterinburg ", although made ​​in excess of authority , could be one of their conditions empowering citizens to address several personal, commercial and social issues. It is not contrary to the law , moral and technical standards of accommodation .

    
Pursuant to this resolution team Chernetskii corrupted . Established criminal chain performers and stakeholders , making opportunity obligation dues , which imposed only by the owners of Ekaterinburg and Sverdlovsk region.

    
In this case , the decision addressed only to citizens of the municipal housing stock Yekaterinburg. In the Russian legislation , law requiring owners to collect funds for the overhaul without estimates , contracts, solving the interdepartmental commission , title list , no.

    
Under the terms of receiving payments , according to financial discipline , the bank has no right to :

    
implement financial management operations , reception and storage of cash , an unknown source , unknown , not confirmed by the contract address and the addressee ;

    
conduct transactions with cash , the issuance of the Management Company , which their proprietor and manager is not;

    
Management Company is the executor of overhaul and only mediator in the presence of the relevant documents.

    
Pursuant to this ruling was quashed the decision of the Mayor of Yekaterinburg 07.02.2006, N 59 (as of 23.01.2008 ? ?) " On approval of methods and the use of funds received from citizens for the overhaul of the municipal housing stock of the city ."

    
Given that each square meter Property MKDoma Sverdlovsk region , already 6 years paid tribute to the team Chernetskii sending monthly, without targeting and without reciprocating , fixed ( rate ? ? ? With estimates ? ?) Amount.

    
These amounts are not fixed, do not have a host controller , estimates, objectives , schedule , tax reporting , statistical purposes. These amounts are not "property" is not taxed . Obviously, you are given a "growth" , but do not know where and how to use are collected for 10 years means overhaul , whose unjust enrichment they contribute .

    
Resolution does not explain how to deal with already been raised , moreover, it generally did not stop this fee .

    
21.07.2007 № 185 came FZ " About Fund of assistance to reforming housing and communal services and " ( coordination of the activity of the State Corporation " Fund of assistance to reforming housing and communal services " provided by the Ministry of Regional Development ( Presidential Decree of 24.09.2007 N 1274 Government Resolution 26.01 .2005 N 40). A supervised Ministry of Regional Development - Bassargin deputy , student and colleague Chernetskii .

    
Article 15. Regional targeted program for the overhaul of apartment buildings should include , in particular: 1) the list of houses that are subject to major overhaul , which is planned to provide financial support from the Fund , means equity financing budgets of subjects of the Russian Federation and (or) local budgets to conduct overhaul and are included in the approved local government municipal target programs or approved by the state authorities of the Russian Federation

    
2) calculated in accordance with this order volume FZ equity financing an overhaul of apartment buildings , referred to in paragraph 1 of this part of the budgets of subjects of the Russian Federation, of local budgets, homeowners , housing , housing co-operatives or other specialized consumer co -owner or premises in apartment buildings ;

    
3 ) The rationale for the amount of funds referred to in paragraph 2 of this Part ;

    
4) planned performance indicators specified address regional programs ;

    
5 ) the size of the marginal cost of capital repairs per one square meter of floor space in apartment buildings , referred to in paragraph 1 of this Part.

    
This means that all programs and calculations - ONLY targeted under specific estimates.

    
Fund Annual Report to the President of the Russian Federation , the State Duma of the Federal Assembly of the Russian Federation , the Federation Council of the Federal Assembly of the Russian Federation , the Government of the Russian Federation , the Public Chamber of the Russian Federation up to 1 June of the year following the reporting year , and is subject to mandatory placement on the official website of the Fund in the information and telecommunications network " Internet " in the period before July 1 of the year following the reporting year.

    
Consequently, the free interpretation of the Laws of the Russian Federation and " fuzzy " collection form and content beyond the control of the owner , money , orderly withdrawal of these funds , and under official control of the Russian government and the president personally .





July 21, 2007 N 185 -FZ
5 . Sent for overhaul of apartment buildings Fund , means of equity financing from the budgets of subjects of the Russian Federation and (or) the funds of local budgets, homeowners , housing , housing co-operatives or owners of premises in apartment buildings within the minimum amount set accordingly paragraph 2 of Article 18 and paragraph 2 of part 6 of Article 20 of this Federal Law may be used only to carry out the works specified in Part 3 of this article , as well as the development of design documentation for the overhaul specified in paragraph 1 of Part 2 of this article apartment buildings , types of work for which installed 3 of this Article , mandatory energy audit of an apartment building , if the regional target program for the overhaul of apartment buildings provided conduct the survey , and state examination of such records in accordance with Russian legislation on urban development . (as amended . Federal law from 29.12.2010 N 441- FZ)
What all of this is ours, Ekaterinburg owner who unfasten month in personal bank Chernetskii rents in the case of non-payment of which , or delays , he pays penalties , fines, forfeits subsidies, and under the new legislation , may lose the apartment ? And what a financial statement reflected the funds are controlled and by whom ?

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