Clarification on charge for overhaulMarch 17, 2014 10:24Recently, much attention is devoted to the theme of gradual transition to the new system overhauls. If regional authorities adopt and publish the " Regional Programme for the overhaul " until March 31, 2014 , within two months , from April to end of May, homeowners can take in their meetings to determine a method of forming the fund overhaul.The obligation to pay contributions for the overhaul arises from the owners at the end of eight months from the month following the month in which was published by the regional program overhaul , unless the legislature establishes the Sverdlovsk region. March 12 draft amendments to the law on the overhaul was submitted to the Legislative Assembly of Sverdlovsk .Any regulations not defined, how are the accrual , accumulation and disbursement of funds in the line " repaired " in these stages of transition.
However, written explanations of the Ministry of Energy and Utilities of the Sverdlovsk region , as well as departmental protocols and sectoral meetings that for management companies operating in Yekaterinburg , you must use the old order of accumulation funds overhaul of the common property in the MCD .Former procedure involves charging the line " repaired " in the same volume - 5.3 rubles per square meter , taking into account the funds collected for each house individually , spending accumulated funds - by the general meeting of owners . That is the old order implies the previous level of charges , the individual ( podomovoy ) accounting, spending only by decision of the meeting , rather than legal grounds establishing charges.The logic of power on this issue is - charging in the city of Yekaterinburg in the line " repaired " were , they remain under the influence of a regional program for a major overhaul . Gaps in the assessment and collection of funds for the line " repaired " in the transition period should not be.This is precisely the logic and power demand , which have been brought to the attention of management companies operating in Yekaterinburg. So we have no choice but to continue charging the line " overhaul " to implement a ( podomovoy ) accounting of funds received and expend them only if a decision of the general meeting .Worry about it should not be , since there are three possible options for the use of funds collected for the line " repaired ." Either option is possible only by the decision of the owners , without them making the money will not " go away ."• Work on the funds collected by the owners of the approved list of works .• Direction of accumulated funds in a special account at the home of the regional operator followed by the decision of the owners of spending on capital works .• Refunds accumulated during the transition period , the accounts of citizens.All three possible uses of cash are possible only by a general meeting of owners .
The site of the Criminal Code "STANDARD » http://www.ukstandart.ru/about/news/50/?According to the Housing Code overhaul decision applies only to the general meeting and the minutes of the meeting is made home owners . If owners do not take the decision to overhaul and sent the protocol to the Criminal Code , the accrual is not justified. I note that the Criminal Code does not itself entitled to hold meetings and to be the initiator ( sometimes fake yk protocols themselves the initiators ) .
According to Art . 44 LCD RF issue charges for renewal . repair within the competence of the general meeting of homeowners and no minister or president is not entitled to the decree or order, appoint homeowners this board .
Who is the author of these explanations ? ? ?" Contents of property " - is the content and the Legal Service of the Criminal Code , providing services under the Laws of the Russian Federation , and thus , like how the position of State explained .However , please give clarification on the following issues :
1. "Power" of the Criminal Code for "STANDARD" , who is this? ? ?
" The logic of power ", " no legal grounds for establishing charges ", " decisions of the meeting " ...?That is, if " Meeting decides " to fly into space , the " logic of power " and send them back to class carriage ?Legal basis for a "phased transition to the new system ( ? ?) , Overhauls " - is :PP RF № 185 from 21.07.07 Article 15. 1. Regional targeted program for the overhaul of apartment buildings , approved by the supreme executive body of state power of the Russian Federation ... must contain in particular :a) a list of apartment buildings , which are subject to overhaul ... and are included in the approved local government or municipal target programs( 4.1). The supreme executive body of state power of the Russian Federation shall have the right to set conditions for the inclusion of apartment buildings , ..., regional targeted programs for the overhaul of apartment houses ... In preparation for the municipal target programs ... should be considered established in accordance with this part of the switching conditions of apartment buildings in the regional targeted programs capital repairs of apartment buildings.RF PP January 28, 2006 N 47, ... the executive authorities of the Russian Federation creates the procedure established by the commission to assess the premises housing the subject of the Russian Federation. Chairman of the commission appointed official of the executive authorities of the Russian Federation,.... Based on the finding executive authority of the Russian Federation, makes a decision and issue an order specifying the further use of the premises ,... In the case of major repairs , reconstruction or redevelopment of premises in accordance with the decision taken by the Commission ... ... inspects the premises , is the certificate of inspection and take appropriate action , which brings to the stakeholders.
2 . Management Company does not have the authority to address the repair of a capital nature , collect and approve documents , collect and accumulate funds under " overhaul" . On which financial address , account number , based on whose orders, money comes under " overhaul" ?What article in tax inspection report covers data fees? Since what year they carried out what amount on the date of 2013 and who are listed % profit ?Specific MCD included in the address itemized lists approved by resolution of the executive authority of the subject of the Russian Federation , which are defined in relation to performers - contractors , had estimated , with the definition of specific prices and terms of specific work that is painted in a separate fixed-term contracts , are the responsibility of the artists program.No relation to the financial and economic activities of the managing organization CSF activity can not have.Caring CC - give technical passport and get back with amendments .Obligation to pay the contractor for carrying out the specific " overhaul " appears the owners only 2 months after the permit VISA executive authorities of the Russian Federation." Written explanations of the Ministry ", " departmental protocols and sectoral meetings " ( ? ? !) , Shall not constitute grounds for any or " old order accumulation fund overhaul of the common property in the MCD "
3 . Do you have the right management company for this type of activity and, if so , why?If registered an additional activity ( CSF ) , with a mandatory set of specialists , it is maintained by the owners of the ICM , at the expense of " the maintenance of housing ," what is not mentioned in the standard contract for housing management , or in the application.According to the National Classification of services , " the maintenance of housing " and " construction and reconstruction" different activities involving different conditions during registration.
4 What is the rule of law - " the logic of power " and why is it " leaves no exit ", " forces " UKompanii collect money under " overhaul" , without major repairs ?"... Russian Prosecutor General Chaika drew attention to the low level of legality in the housing sector that the housing sector remains largely criminalized and corrupt ."Numerous violations occur in virtually all of its segments. On board were given data that show trends towards a significant increase in the number of violations in the housing sector . So , in 2013 prosecutors detected and stopped almost 320 thousand violations of the law in this area, to disciplinary and administrative responsibility for about 63 thousand guilty officials and legal entities. (20%)" Criminals most vulnerable to attacks sphere organizations Housing expenditure of funds collected from the public and received from the budgets of various levels ... "
5 . The most interesting question about the " do not bother ."President worried worries Attorney General , the State Duma and the Public Chamber concerned , laws are written , and purrs Management Company :" Are you all right ... You all right ... You have three options ... ".
A) "Works on the funds collected by the owners of the approved list of works " -CC does not have the right to work of a capital nature . She did not DCS, not by the holder , not the subject of the Russian Federation , can not give guarantees and to raise funds .B) "The direction of the accumulated funds in a special account at the home of the regional operator , followed by a decision of the expenditure on the owners of capital nature " - And then it suddenly , ALL RUSSIA will pay in December 2014 and the residents of the Sverdlovsk region in 2002 ? Why should we honor this ? We have a standard of living higher than the Muscovites ? Already all the houses are repaired, by Article 16 of the Russian Federation from PP 04.07.1991, № 1541-1? Transferred to the ownership in the proper form ?And how " these funds will be transferred ?"Debited from the capital, with interest accumulated since 2002, with charges amount of inflation as loss of profits ?What motivated justification and a reference to the rule of law will translate this article and what data will be made accounting entries ?How data transfer will be counted and included in the Criminal tax report , namely , unjustified income and income tax, which was \ was not listed \ reflected ?These funds - Property investment in their property , should be reflected by a separate contract and tax report , as the current financial and economic activities of the Criminal Code , if the MCD is not in the title list. A misused for repairs distort tax reporting downward indicators for taxation.B) " Return of funds accumulated in the transition period , the accounts of citizens." Good idea. What CC bother to collect other people's money that they do not even have the right to use , either now or in the future, keep them ( to pay for banking) , CC can only dream about this , right tomorrow and would translate address only remember?
For ALL RUSSIA PP RF № 185 from 21.07.07 - " Housing Reform Fund " suspended its activities with 01.01.2014 . Other foundation to raise funds for " Repair " in the State Russian NO .But the Criminal Code , are portrayed in the payment document , receipts " payment overhaul " ( ? ? !) , For January, February, March ...
MC " STANDARD" is very crafty or illiterate site. There is no complete and reliable information. No amount of square meters of serviced housing , so make a conditional payment :According to the Criminal Code "STANDARD" , it " serves " "about" 400 houses .Then it's "about" 1000.000 sq m, count up , 3 months 2014
January 2014 1000.000 sq m x 5 = 30 rubles 5300.000-00 peFebruary 2014 1000.000 sq m x 5 = 30 rubles 5300.000-00 peMarch 2014 1000.000 sq m x 5 = 30 rubles 5300.000-00 peTOTAL "about" 15900.000-00 rubles
Current Account - Owner, Contractor , Operator there, and fell in the money somewhere , accumulate and live since 2002, no one is prevented . Importantly, neither tax nor housing inspection do not bother .Tool refusal to pay the residents there, and the punishment is. Try not to pay immediately , without trial , deny subsidies ( federal ? !) , Interest charges ( that its investment in its property ) .That's what she - " The logic of power on this issue ." So " brought to the attention " that all 96 Governors of Ekaterinburg and the region, as one , take on this burden of conservation foreign funds , and even make a sound no one has , from the additional load .
Amazing place - Sverdlovsk region : there is no law , and payments have.Rest Kings , Presidents , the Attorney General , the State Duma and the other mayors ! Our Housing and communal handyman so steep that " collect and priberut " any funds , even from where in a normal head and not dream of .
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