The law "On overhaul" challenged in court According to the Law of the capital's residents, the
law on mandatory contributions for the overhaul unconstitutional.The
initiative group of the residents of Moscow Yakimanka district filed a
claim for non-compliance of the federal law, which requires tenants to
pay for major repairs, the Constitution (a document in the possession of
"News"). The plaintiffs are asking the court to send a request to the
Constitutional Court, as well as demand (from the government, which
advocates sued) suspend the law until the decision of the COP.The lawsuit was filed in Zamoskvoretskiy interdistrict court in Moscow.
"According to the Federal Law number 271, for overhaul will pay the owners of housing in apartment buildings - said in a statement of claim. - Payments for capital repairs are required. This option fundraising actually contradicts the Civil Code and the Constitution of the Russian Federation, according to which the owner bears the burden of maintaining their property, but not another's. Under this law permits the use of funds raised from one home to another major repairs, according to the approved schedule. "Muscovites are afraid that because of the annual inflation rate of about 10% of the accumulated funds of the owners, whose house is planned to repair 10-15 years, worthless. As a result, the repair did not manage to hold.Note that the current law provides residents an opportunity not to be in "general pot". To do this, they need to hold a meeting and decide that they will open a special account in the bank to earn money only in their home. The account must be opened up to a certain period of time (it assigns each region, in Moscow, for example, you need to open an account until 31 May).Payments for the repair, according to the initiative group, generally can not be binding. As stated in the lawsuit, foundations overhaul, according to the Federal Law number 271, are non-profit organizations."According to Art. 7 of the Federal Law "On Noncommercial Organizations" NGOs are established by citizens and (or) legal entities on the basis of voluntary property contributions, - said in a statement. - According to Article 123.17. Civil Code, foundations established on the basis of voluntary property contributions. Therefore, voluntary contributions can not be binding. "According to the plaintiffs, with the authorities need to keep commitments to overhaul the budget, if it was not made at the time of the privatization of housing."According to Art. 158 Housing Code and Art. 210 of the Civil Code, the obligation on production subsequent overhauls lies on owners of residential premises only after the fulfillment of this obligation by the former landlord (public authority or local authority), "- said in the lawsuit.Initiative group asks court Zamoskvoretskiy send a request to the Constitutional Court on the constitutionality of the law on the overhaul, as well as to suspend the law pending a decision by the Constitutional Court. We are preparing similar claims residents of other districts of Moscow - Alekseevskogo, Gagarin, Zamoskvorechye and so on.- The current form of fundraising for the repair contrary to the Civil Code. The Civil Code does not involve maintenance and repair of other people's property - only his. Residents had to hold a meeting to make a decision to open a special account. If they do not have time to do so, we were automatically "common pot". Apparently, citizens woke up late or had a bad informed. If the selected scheme special account, then each citizen is incumbent on the content of its own property, - says one of the members of the State Duma committee on housing policy and housing and communal services. At the same time, he noted that in the committee, there are those who fully support the existing law.Experts point out that much of the implementation of the law "On the overhaul" depends on the regional authorities.- Everything depends on the position of legislators and heads of subjects of the federation, because many of the powers transferred to the regions. From this it depends on how smoothly the system is introduced, will co-finance the expenditure of the regional budget, whether there benefits for veterans of labor and so on. In Moscow, for example, introduced unduly high amount of fee - 15 rubles. According to federal estimates, this year he had to reach 8.20 rubles. In autumn, when Muscovites will receive bills, they may be unpleasantly surprised - they say.According to opponents of the law, the government must provide guarantees of safety of residents funds to special accounts, to solve the problem of subsidized loans for citizens (who have accumulated some money, and then will be able to take credit for a long time to repair. Then the load on the residents will not be very high, especially true for those homes that need repair in the next 5-7 years).At the same time chairman of the board of an apartment building on the street in Moscow Galina Pererva Kiryanov sees no alternative to the current system of overhaul.- Sources of funding for the works of capital nature we have. It used to be government funding has been farmed prefectures. At the same time on what basis was formed address list, we do not understand. Our management company could not obtain the allocation of money to replace the roofs of the houses. It was hard to hold meetings, to which we would like to collect money on a voluntary basis: many owners rent apartments, and they are not interested in the content property. So, we can not replace, such as elevators. Currently, such a tool is created - the fund overhaul. I see no alternative but to different collecting money for working capital nature. Moreover, if all this is to defer, then you will have to pay more money to bring the housing in proper form - said Kiryanov. - Residents our house on April 30 decided to open a special account in the Savings Bank. In the case of the Fund, it is important that when the repaired one house, its occupants will not be able to get out of the fund, while all will not pay - this is mutual benefit fund.Lawyer, General Director of "Find a lawyer" Chermen Bunker believes that the law should be modified or revoked as unconstitutional.- Entered into force the Federal Law №271 of major repairs in apartment buildings violate the rights of millions of owners and is in contradiction with the Civil Code, the Constitution, the Housing Code, the Law "On privatization" and a number of other laws. The Constitution provides that no one can force a person to collect their money in a certain way, as suggested by the law. This law needs to be improved or even cancel, rather than suspend him, - he says. - In addition, attempts to apply the accrual of penalties for not yet provided services contrary to the fundamentals of civil law, as well as the Federal Law "On Protection of Consumers' Rights. Housing Code is not designed for the Bank of Russia to secure citizens' savings. However, to ensure the reliability of the credit institution, which may open a special account set criteria limit the range of banks, which again violates the rights and legal interests of Russian citizens.However, the bunker is not sure that the Constitutional Court will consider the appeal.Recall that in December 2012 the Housing Code was amended to allow the state to provide homeowners the opportunity to plan the repairs of their homes. The obligation to pay contributions to the overhaul of the owners there after the approval of the regional program overhaul. Rates are determined by each region independently. On average, the monthly payments are 6-7 rubles per 1 sq. m, but, for example, in the Leningrad region the rate is among the lowest in Russia - only 2 rubles per 1 sq. m. In Moscow, the payment will be 15 rubles (to raise money to begin in July 2015), in the Amur region - 20 rubles.Anna ZmanovskySource: izvestia.ru
"According to the Federal Law number 271, for overhaul will pay the owners of housing in apartment buildings - said in a statement of claim. - Payments for capital repairs are required. This option fundraising actually contradicts the Civil Code and the Constitution of the Russian Federation, according to which the owner bears the burden of maintaining their property, but not another's. Under this law permits the use of funds raised from one home to another major repairs, according to the approved schedule. "Muscovites are afraid that because of the annual inflation rate of about 10% of the accumulated funds of the owners, whose house is planned to repair 10-15 years, worthless. As a result, the repair did not manage to hold.Note that the current law provides residents an opportunity not to be in "general pot". To do this, they need to hold a meeting and decide that they will open a special account in the bank to earn money only in their home. The account must be opened up to a certain period of time (it assigns each region, in Moscow, for example, you need to open an account until 31 May).Payments for the repair, according to the initiative group, generally can not be binding. As stated in the lawsuit, foundations overhaul, according to the Federal Law number 271, are non-profit organizations."According to Art. 7 of the Federal Law "On Noncommercial Organizations" NGOs are established by citizens and (or) legal entities on the basis of voluntary property contributions, - said in a statement. - According to Article 123.17. Civil Code, foundations established on the basis of voluntary property contributions. Therefore, voluntary contributions can not be binding. "According to the plaintiffs, with the authorities need to keep commitments to overhaul the budget, if it was not made at the time of the privatization of housing."According to Art. 158 Housing Code and Art. 210 of the Civil Code, the obligation on production subsequent overhauls lies on owners of residential premises only after the fulfillment of this obligation by the former landlord (public authority or local authority), "- said in the lawsuit.Initiative group asks court Zamoskvoretskiy send a request to the Constitutional Court on the constitutionality of the law on the overhaul, as well as to suspend the law pending a decision by the Constitutional Court. We are preparing similar claims residents of other districts of Moscow - Alekseevskogo, Gagarin, Zamoskvorechye and so on.- The current form of fundraising for the repair contrary to the Civil Code. The Civil Code does not involve maintenance and repair of other people's property - only his. Residents had to hold a meeting to make a decision to open a special account. If they do not have time to do so, we were automatically "common pot". Apparently, citizens woke up late or had a bad informed. If the selected scheme special account, then each citizen is incumbent on the content of its own property, - says one of the members of the State Duma committee on housing policy and housing and communal services. At the same time, he noted that in the committee, there are those who fully support the existing law.Experts point out that much of the implementation of the law "On the overhaul" depends on the regional authorities.- Everything depends on the position of legislators and heads of subjects of the federation, because many of the powers transferred to the regions. From this it depends on how smoothly the system is introduced, will co-finance the expenditure of the regional budget, whether there benefits for veterans of labor and so on. In Moscow, for example, introduced unduly high amount of fee - 15 rubles. According to federal estimates, this year he had to reach 8.20 rubles. In autumn, when Muscovites will receive bills, they may be unpleasantly surprised - they say.According to opponents of the law, the government must provide guarantees of safety of residents funds to special accounts, to solve the problem of subsidized loans for citizens (who have accumulated some money, and then will be able to take credit for a long time to repair. Then the load on the residents will not be very high, especially true for those homes that need repair in the next 5-7 years).At the same time chairman of the board of an apartment building on the street in Moscow Galina Pererva Kiryanov sees no alternative to the current system of overhaul.- Sources of funding for the works of capital nature we have. It used to be government funding has been farmed prefectures. At the same time on what basis was formed address list, we do not understand. Our management company could not obtain the allocation of money to replace the roofs of the houses. It was hard to hold meetings, to which we would like to collect money on a voluntary basis: many owners rent apartments, and they are not interested in the content property. So, we can not replace, such as elevators. Currently, such a tool is created - the fund overhaul. I see no alternative but to different collecting money for working capital nature. Moreover, if all this is to defer, then you will have to pay more money to bring the housing in proper form - said Kiryanov. - Residents our house on April 30 decided to open a special account in the Savings Bank. In the case of the Fund, it is important that when the repaired one house, its occupants will not be able to get out of the fund, while all will not pay - this is mutual benefit fund.Lawyer, General Director of "Find a lawyer" Chermen Bunker believes that the law should be modified or revoked as unconstitutional.- Entered into force the Federal Law №271 of major repairs in apartment buildings violate the rights of millions of owners and is in contradiction with the Civil Code, the Constitution, the Housing Code, the Law "On privatization" and a number of other laws. The Constitution provides that no one can force a person to collect their money in a certain way, as suggested by the law. This law needs to be improved or even cancel, rather than suspend him, - he says. - In addition, attempts to apply the accrual of penalties for not yet provided services contrary to the fundamentals of civil law, as well as the Federal Law "On Protection of Consumers' Rights. Housing Code is not designed for the Bank of Russia to secure citizens' savings. However, to ensure the reliability of the credit institution, which may open a special account set criteria limit the range of banks, which again violates the rights and legal interests of Russian citizens.However, the bunker is not sure that the Constitutional Court will consider the appeal.Recall that in December 2012 the Housing Code was amended to allow the state to provide homeowners the opportunity to plan the repairs of their homes. The obligation to pay contributions to the overhaul of the owners there after the approval of the regional program overhaul. Rates are determined by each region independently. On average, the monthly payments are 6-7 rubles per 1 sq. m, but, for example, in the Leningrad region the rate is among the lowest in Russia - only 2 rubles per 1 sq. m. In Moscow, the payment will be 15 rubles (to raise money to begin in July 2015), in the Amur region - 20 rubles.Anna ZmanovskySource: izvestia.ru
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