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воскресенье, 17 апреля 2016 г.

Illegal levies on capital repairs recognized as legitimate

Contributions for the overhaul of buildings recognized as legitimateIrina GrinchenkoApril 13, 2016,State Duma deputies appealed to the Constitutional Court to clarify the legality of the assessments for major repairs. The main thesis of their treatment was, the owners are not able to exercise control over the spending of the money. Their appeal was supported by the Attorney General of the Russian Federation.After a time, the prosecutor's office revised its opinion and withdrew the letter. Yesterday, the Constitutional Court issued a ruling which legalized the charges for capital repairs. The court found that the funds collected should be spent exclusively earmarked only for capital repairs of apartment buildings (ICM).The court's decision raises many questions. The main theme of which - the actual deception of citizens to privatize their housing without major repairs, as required by the law on privatization. Since the overhaul, once included in the cost of utility bills, and was removed from there until the end of the 90s.

The court took a half-hearted decision that the introduction of fees does not negate the State's obligations to the residents of homes requiring major repairs at the time of the privatization of housing. These buildings should be included as a priority in the relevant regional program. additional financial support may be provided to carry out major repair of the budgets of all levels. But the co-financing mechanism is still there.Also, according to the court system "common pot" is not contrary to the law and allows to accumulate a lot of money on the house, requiring immediate repair. Under the "common pot" means the regional operator - Foundation overhaul of the Moscow Region (MO), established by the Government of the region. The question is how to control the inhabitants of their money, are in a "common pot" remains open. The management company does not know the amount of fees, and the overhaul of the Fund is not accountable to the residents of each house.The Constitutional Court found no contradiction in the fact that the municipal authorities are free to determine the method of financing capital repairs when tenants avoided choice. At the same time, local authorities are obliged to adequately inform citizens about the funding mechanism overhaul.  


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