7.21 of the Code of the Russian Federation on Administrative Offences. Solution. Bryansk regional court

Article 7.21. Violation of the rules for the use of residential premises

Commentary on Article 7.21

1. The object of encroachment when committing these offenses is social relations arising in connection with the establishment of the procedure for the use of residential premises by citizens, the rules for the operation of residential premises and equipment. Violations of law entailing liability under this article affect the housing rights of citizens, cause damage to housing, and create inconvenience for persons living together.
The Housing Code (LC RF) establishes the obligations of citizens to comply with the rules for the use of residential premises. Moreover, such obligations, including the requirement to ensure the safety of housing and to use it for its intended purpose, are imposed on both the owners of residential premises and tenants.
Thus, the Housing Code of the Russian Federation provides that the owner of a residential premises exercises the rights of ownership, use and disposal of the residential premises belonging to him by right of ownership in accordance with its purpose and the limits of its use, which are established by the Code. At the same time, the owner is obliged to maintain this premises in proper condition, not allowing mismanagement of it, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building. Members of the owner's family are also obliged to use the residential premises for their intended purpose and ensure its safety (Parts 1 and 4 of Article 30, Part 2 of Article 31).
The tenant of a residential premises under a social tenancy agreement (see Decree of the Government of the Russian Federation of May 21, 2005 N 315) is obliged to use it for its intended purpose and within the limits established by the Code, ensure the safety and maintain the proper condition of the residential premises. Members of the tenant's family have equal rights and obligations with the tenant and bear joint and several liability with him for the obligations arising from the social tenancy agreement (part 3 of article 67, part 2 of article 69).
The Housing Code of the Russian Federation provides for the possibility of eviction of a tenant and his family members without the provision of residential premises, as well as measures for the termination and termination of a social tenancy agreement for residential premises. This is also permitted in cases where the tenant and members of his family living with him use the residential premises for other purposes, systematically violate the rights and legitimate interests of neighbors, or mismanage the residential premises, allowing them to be destroyed. The landlord is obliged to warn violators of the need to eliminate the violations. If these violations entail the destruction of the residential premises, the landlord also has the right to set a reasonable period for eliminating these violations. If the violations are not eliminated, the guilty citizens, at the request of the landlord or other interested parties, are evicted in court without the provision of other residential premises (part 4 of article 79, part 4 of article 83, part 1 of article 91).
Based on the requirements of the Housing Code of the Russian Federation, the procedure for using residential premises of state and municipal housing funds, as well as residential premises owned by citizens in apartment buildings, is established by the Rules for the use of residential premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25.
In particular, the Rules provide for a number of obligations of a housing tenant under a social tenancy agreement, including not allowing work or other actions in the residential premises that lead to its damage; maintain the proper condition of the residential premises, as well as common areas, maintain cleanliness and order in the residential premises, entrances, elevator cabins, staircases, and other common areas; ensure the safety of sanitary and other equipment; immediately take possible measures to eliminate malfunctions of the residential premises or equipment located in it, and, if necessary, report them to the lender or the relevant management organization; carry out routine repairs to residential premises. The rules prohibit the reconstruction or redevelopment of residential premises in violation of the established procedure.
These Rules also define the responsibilities of homeowners in an apartment building. Thus, the owner is obliged to ensure the safety of the residential premises, bear the costs of its maintenance, participate in the costs of maintaining the common property in an apartment building in proportion to his share in the common property by paying a fee for the maintenance and repair of the residential premises, including a fee for current and major repairs of the common property , pay utility bills, and fulfill other legal requirements.
The rules for maintaining common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491, regulate relations regarding the maintenance of common property belonging to the owner of the premises. The common property must be maintained in accordance with the requirements of the legislation of the Russian Federation (including on the sanitary and epidemiological welfare of the population, technical regulation, consumer protection) in a condition that ensures the reliability and safety of the apartment building. Proper maintenance of common property is ensured by the owners of the premises, the homeowners' association, housing, housing-construction cooperative or other specialized consumer cooperative.
Management organizations and persons providing services and performing work during the direct management of an apartment building are responsible to the owners of the premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the contract.
State authorities and local self-government bodies, within the limits of their competence, providing conditions for citizens to exercise the right to housing, exercise control over the use and safety of the housing stock, the compliance of residential premises with established sanitary and technical rules and regulations, and other legal requirements.
2. Damage to residential premises can also occur as a result of violation of fire safety rules, in connection with which such a violation may, depending on the specific circumstances, also be qualified under Art. 20.4 of the commented Code.
Violation of cleanliness and order in common areas, in entrances, elevator cabins, staircases, and other places can also cause damage to residential premises and be qualified under Art. 7.21. At the same time, if such offenses infringe on the health of citizens or the living environment, they can be qualified under Art. 6.4 as a violation of sanitary and epidemiological requirements for the operation of residential and public premises and buildings.
Residential buildings and residential premises are intended for permanent residence of citizens, as well as for use in the prescribed manner as office residential premises and dormitories. Providing premises in residential buildings for industrial needs is prohibited. The transfer of premises from residential to non-residential is carried out in the manner prescribed by housing legislation.
3. Redevelopment and (or) redevelopment of residential premises are carried out on the basis of the requirements of Ch. 4 LCD RF. In accordance with the Code, the reconstruction of a residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises. Redevelopment entails a change in its configuration, which also requires changes to the technical passport (Article 25).
Reconstruction or redevelopment of residential premises is carried out in compliance with the requirements of the law in agreement with the local government body on the basis of a decision made by it. The owner of this premises or a person authorized by him submits to the authority carrying out the approval at the location of the residential premises an application in the form approved by the Government of the Russian Federation (see Decree of the Government of the Russian Federation of April 28, 2005 N 266); title documents for residential premises; a properly completed reconstruction or redevelopment project; technical certificate; written consent of all family members of the employer; conclusion of the body for the protection of architectural, historical and cultural monuments, if the residential premises or the house in which it is located is an architectural, historical or cultural monument.
The decision to approve or refuse approval must be made by the body carrying out the approval no later than forty-five days from the date of submission of the relevant documents to this body. On making such a decision, the applicant is issued a document, the form and content of which are established by the Government of the Russian Federation and which is the basis for the reconstruction or redevelopment of the residential premises (Article 26).
The Housing Code of the Russian Federation provides for the consequences of unauthorized reconstruction or redevelopment of residential premises, up to the adoption of a decision to bring the residential premises to their previous condition or to sell the residential premises at a public auction in accordance with the established procedure (in relation to the owner), and in relation to the tenant - to terminate the social tenancy agreement ( Art. 29).
4. Actions for unauthorized conversion and redevelopment of residential and non-residential premises can be qualified by law enforcement authorities not only under this article of the Code of Administrative Offenses, but also under Art. 19.1 as arbitrariness.
Bearing in mind the increased social harmfulness of such violations as unauthorized redevelopment of residential premises in apartment buildings, taking into account the fact that they affect the peace of residents of neighboring apartments and can worsen the normal living conditions of many other citizens, the legislator has provided for increased liability for this type of offense (in the form a fine from two thousand to two thousand five hundred rubles) compared to liability for violation of the rules for re-equipping residential buildings, qualified under Part 1 of this article.
5. Offenses classified in accordance with the commented article may be intentional or careless.
The subjects of these violations are citizens.
6. Cases of administrative offenses are considered by the heads of executive authorities of the constituent entities of the Russian Federation exercising state control over the use and safety of the housing stock, and their deputies (Article 23.55).
Protocols on administrative offenses are drawn up by officials of the above bodies (Part 1 of Article 28.3).

Appealing fines for violating the rules for the use of residential premises

PENZA REGIONAL COURT

Judge Sosnovskaya O.V.
Case No. 7-423/2016

SOLUTION
October 06, 2016 Penza city
Judge of the Penza Regional Court Kryuchkova N.P., with Secretary A., having considered in open court in the building of the Penza Regional Court the complaint of the head of the Department of the State Inspectorate in the housing, construction spheres and for supervision of the technical condition of self-propelled vehicles and other types of equipment of the Penza region ( further Goszhilstroitechinspektsiya Penza region)<данные изъяты>. on the decision of the judge of the Pervomaisky District Court of Penza dated September 19, 2016 in the case of an administrative offense under Part 2 of Article 7.21 of the Code of Administrative Offenses of the Russian Federation in relation to S.,

installed:

Resolution of the Deputy Head of the Department of State Inspection in the Housing, Construction Spheres and for Supervision of the Technical Condition of Self-Propelled Vehicles and Other Types of Equipment of the Penza Region<данные изъяты>dated August 16, 2016, S. was brought to administrative responsibility under Part 2 of Art. 7.21 of the Code of the Russian Federation on Administrative Offenses and he was given an administrative penalty in the form of an administrative fine in the amount of 2,500 rubles.
Having disagreed with this resolution, S. filed a complaint with the Leninsky District Court of Penza on August 25, 2016.
By the ruling of the judge of the Leninsky District Court of Penza dated August 29, 2016, S.’s complaint was transferred for consideration under jurisdiction to the Pervomaisky District Court of Penza.
By the decision of the judge of the Pervomaisky District Court of Penza dated September 19, 2016, the resolution of the deputy head of the Department of State Inspection in the housing, construction spheres and for supervision of the technical condition of self-propelled vehicles and other types of equipment of the Penza region<данные изъяты>dated August 16, 2016 in relation to S. was cancelled. The case was returned for new consideration to the Department of State Inspection in the Housing, Construction Spheres and for Supervision of the Technical Condition of Self-Propelled Vehicles and Other Types of Equipment of the Penza Region.
Having disagreed with the above decision of the judge of the Pervomaisky District Court of Penza, the head of the State Housing and Construction Inspectorate of the Penza Region<данные изъяты>. On September 23, 2016, he filed a complaint with the Penza Regional Court, in which he asks to cancel the decision, indicating that the judge of the district court committed significant violations of the procedural requirements of the Code of Administrative Offenses of the Russian Federation, and did not clarify all the circumstances of the case that are important for its correct resolution. The decision incorrectly concluded that unauthorized redevelopment is not a continuing, but a finite offense. In this connection, since the offense was identified by an official of the administrative body on August 11, 2016, the period for bringing to administrative responsibility at the time of the decision had not expired.
S. did not appear at the consideration of the complaint; he was duly notified of the time and place of the hearing. He did not inform the court about the reason for his failure to appear.
Representatives of the State Housing and Construction Inspectorate of the Penza Region, by power of attorney P., according to the certificate of K., supported the arguments of the complaint, asked to satisfy the complaint, and to cancel the decision of the judge of the Pervomaisky District Court of Penza dated September 19, 2016.
Having assessed the arguments of the complaint, having heard the explanations of the persons who appeared, having checked the case materials taking into account the requirements of Article 30.6 of the Code of Administrative Offenses of the Russian Federation in full, I come to the following.
In accordance with Part 2 of Art. 7.21 of the Code of Administrative Offenses of the Russian Federation, unauthorized redevelopment of residential premises in apartment buildings is subject to the imposition of an administrative fine on citizens in the amount of two to two thousand five hundred rubles.
From the contents of Part 1 of Art. 4.5 of the Code of the Russian Federation on Administrative Offenses it follows that the statute of limitations for bringing to administrative responsibility for an administrative offense provided for in Part 2 of Art. 7.21 of the Code of the Russian Federation on Administrative Offences, is two months from the date of its commission.
An offense under Part 2 of Art. 7.21 of the Code of the Russian Federation on Administrative Offenses is considered completed from the day the work on the unauthorized redevelopment of a residential premises located in an apartment building is completed and cannot be considered ongoing.
Based on the provisions of Part 1 of Article 1.6 of the Code of Administrative Offenses of the Russian Federation, ensuring legality when applying administrative coercive measures presupposes not only the existence of legal grounds for applying an administrative penalty, but also compliance with the procedure established by law for bringing a person to administrative responsibility.
When bringing S. to administrative responsibility under Part 2 of Article 7.21 of the Code of Administrative Offenses of the Russian Federation, the deputy head of the State Housing and Construction Inspectorate of the Penza Region recognized it as established and proceeded from the fact that on August 11, 2016, during an inspection carried out by specialists of the State Housing and Construction Technical Inspectorate of the Penza Region, it was established that S. . in the apartment<данные изъяты>and apartment N<данные изъяты>multi-apartment residential building<данные изъяты>made redevelopment, namely: in the apartment<данные изъяты>the entrance group was dismantled, the internal load-bearing wall of the room was dismantled<данные изъяты>(bathroom) and internal non-load-bearing partition of the room<данные изъяты>in the room<данные изъяты>(bathroom) the internal non-load-bearing partition was moved towards the room<данные изъяты>(corridor) by 1 m, with an increase in the area of ​​the room<данные изъяты>, laid in the room<данные изъяты>(residential). In the apartment<данные изъяты>The internal load-bearing wall of the room was dismantled<данные изъяты>(corridor), the internal non-load-bearing partition of the room was dismantled<данные изъяты>apartments<данные изъяты>and rooms<данные изъяты>apartments<данные изъяты>. No permits were presented.
Based on the violations identified by a specialist expert - the state housing inspector of the Penza region of the State Housing and Construction Inspectorate of the Penza Region<данные изъяты>. an inspection report was drawn up<данные изъяты>dated August 11, 2016 and protocol<данные изъяты>on an administrative offense in the field of property protection dated August 15, 2016.
Canceling the resolution of the Deputy Head of the Department of State Inspection in the Housing, Construction Spheres and for Supervision of the Technical Condition of Self-Propelled Vehicles and Other Types of Equipment of the Penza Region<данные изъяты>dated August 16, 2016 in relation to S. and returning the case for reconsideration to the State Housing and Construction Inspectorate of the Penza Region, the district court judge established and reasonably proceeded from the fact that S. had made redevelopment in the apartments<данные изъяты>, however, the date of completion of work on the unauthorized redevelopment of the apartment by an official of the administrative body was not established.
The district court judge concluded in his decision that this circumstance was a significant procedural violation of the requirements of the Code of the Russian Federation on Administrative Offences, which did not allow a comprehensive, complete and objective clarification of all the circumstances relevant to the correct resolution of the case.
I agree with this conclusion of the district court judge, since such an administrative offense as unauthorized redevelopment of residential premises in apartment buildings is not a continuing administrative offense.
Under such circumstances, the resolution of the deputy head of the Department of State Inspection in the housing, construction spheres and for supervision of the technical condition of self-propelled vehicles and other types of equipment of the Penza region<данные изъяты>dated August 16, 2016 in relation to S., the judge of the district court legally canceled and the case was sent to the administrative body for a new trial.
I do not take into account the arguments of the complaint, since they are based on an incorrect interpretation of the law and lead to an overestimation of the conclusions of the judge’s decision. I see no reason to re-evaluate the judge’s conclusions in the case.
Guided by clause 1, part 1, art. 30.7, 30.9 of the Code of the Russian Federation on Administrative Offenses, regional court judge

the decision of the judge of the Pervomaisky District Court of Penza dated September 19, 2016 to uphold without change the complaint of the head of the Department of the State Inspectorate in the housing, construction spheres and for supervision of the technical condition of self-propelled vehicles and other types of equipment of the Penza region<данные изъяты>. - without satisfaction.

Judicial practice under Art. 7.21 Code of Administrative Offenses of the Russian Federation
negative:

Judicial practice under Art. 7.21 Code of Administrative Offenses of the Russian Federation

1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes - entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand up to one thousand five hundred rubles. 2. Unauthorized redevelopment of residential premises in apartment buildings - entails the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles.

Legal advice under Art. 7.21 Code of Administrative Offenses of the Russian Federation

Vitaly Palemonov

The balcony on the first floor of a 12-story building was glazed without permission. What should I do now?

Svetlana Filippova

The management company filed a lawsuit in accordance with Article 29 of the RF Housing Code against the defendant, who is not the owner of the residential premises. There was no pre-trial appeal. The lawsuit specifies the address of real estate in the Moscow region, which belongs to the owner, but not to the defendant. The owner of the living space is registered and resides permanently in Moscow and was not notified at his place of residence. The claim was satisfied in absentia. The defendant was never notified, because he lives and is registered in Moscow. On what basis did the court accept the claim?

• Question answered over the phone

• Question answered over the phone

Victoria Mironova

can I glaze a balcony without coordination with the architecture (the building is not a cultural monument)

• Question answered over the phone

Ekaterina Ilyina

She opened the window. I can't breathe. A cat lover lives below... Can I be fined according to sanitary standards?

• Lawyer's answer:

  Art. u6.4 Code of Administrative Offenses of the Russian Federation - entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles. Contact the local branch of Rospotrebnadzor of the South-Eastern Administrative District. The difficulty will be in proving the reasons for your inconvenience; she may not allow inspectors into the house

Valeria Koroleva

What an admin. Liability threatens for failure to comply with fire safety at home and for clutter in the premises

Antonina Soboleva

Who has the right to issue a fine for violating registration rules?

• District police officer And only if there is evidence of residence in this residential premises without registration for more than 90 consecutive days. Cases under this article can be considered by both the senior district police officer, the district police officer - 23.3, and the chief...

Ekaterina Petrova

Violation of sanitary standards (lack of ventilation) by the administration when providing residential premises?!

• When government agencies declare a home unfit for habitation due to allegedly poor ventilation, then ask similar questions. PS. And in what city and what kind of house is it with an apartment of 11 m2 living space? A room of 11 m2, not an apartment. Footage...

Evdokia Zaitseva

Is it allowed to smoke in the entrance of a residential building after the Smoking Law comes into force?

Artem Otkupshchikov

Have the standards for hot water supply and sewerage installation in residential premises been violated?

• 1) change the valves either at your own expense (and if possible, move it below) or at the expense of the management company (the status of your apartment and the form of management of the house are not known); 2) the purpose is not clear. It shouldn't stink. To the edge...

Boris Garkusha

What is the amount of the fine in St. Petersburg for unauthorized redevelopment of a bathroom and toilet (combination of premises)?

• Lawyer's answer:

  Article 7.21 of the Code of Administrative Offenses of the Russian Federation. 2. Unauthorized redevelopment of residential premises in apartment buildings - entails the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles. The most important thing here is not the size of the fine, but the fact that what follows is a fine for failure to comply with the order either for approval or for bringing it back to its previous state. And so on ad infinitum. Redevelopment is detected in different ways. For example, you will need a passport for a BTI apartment, or your neighbors have been flooded

Margarita Smirnova

Help me with an answer, I can’t do this anymore. I live on the first floor. Neighbors from the 3rd floor throw garbage out of the window, like for catfish, namely scraps of fish, salads, sometimes boiled potatoes, even a whole svikla fell. Half of it doesn’t reach the ground, and stops on my windowsill, the rest half lies rotting, feeds the flies. THIS IS MY PROBLEM. HELP ME!! HOW TO SOLVE IT. I went to the neighbors - yes, sorry, we won’t talk anymore - oh, sorry, I’m out of an old habit And the record started flying around in a circle. I went to the housing office and they said, tell your neighbors what we can do. And who, according to the law, should do this? It’s not for me to call the police)) The house seems to be standing on the ground. If the housing and communal services department is obliged to deal with this problem, then I will write statements against everyone there to the housing and communal services department and wherever higher. And maybe there is an article of law that prohibits throwing garbage out of the window? And the article under which the Housing Office is obliged to help me? Thanks for the answer

• Lawyer's answer:

  I think you need to look in the Housing Code or contact the sanitary and epidemiological station. They have Article 6.4. Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport - entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles DECISION OF THE COUNCIL OF MINISTERS OF THE RSFSR dated September 25, 1985 N 415 ON THE APPROVAL OF THE RULES FOR THE USE OF RESIDENTIAL PREMISES, THE MAINTENANCE OF A RESIDENTIAL HOUSE AND HOME TERRITORY IN THE RSFSR AND A STANDARD AGREEMENT FOR THE LEASE OF RESIDENTIAL PREMISES IN STATE, MUNICIPAL HOUSES NGO AND PUBLIC HOUSING FUND IN THE RSFSR (as amended by Government resolutions RF dated 18.01.92 N 34, dated 23.07.93 N 726) LIABILITY FOR FAILURE TO COMPLY WITH THE RULES FOR THE USE OF RESIDENTIAL PREMISES, MAINTENANCE OF A RESIDENTIAL HOUSE AND HOUSE TERRITORY Violation of the rules for the use of residential premises, sanitary maintenance of common areas, staircases, elevators, entrances, adjacent areas , violation of the rules for the operation of residential buildings, residential premises and engineering equipment, mismanagement of their maintenance, as well as unauthorized re-equipment and redevelopment of residential buildings and residential premises, their use for other purposes, damage to residential buildings, residential premises, their equipment and improvement facilities entails criminal charges, administrative or other liability in accordance with the law.

Dmitry Vychegzhaninov

How can it be clearly stated in the contract so that the tenant's tenants do not disturb the neighbors? A legal entity rents an apartment for its employees. at IP. How to ensure that tenants do not disturb their neighbors with noise. And so that in the event of 1-2 complaints from neighbors, it is possible to terminate the contract and evict them without compensation or with the return of the remaining funds for unlived days? I write this: “The tenant guarantees that those living in the apartment comply with the rules of living in an apartment building and the safety of property.” And what next? formulate about neighbors?

• Lawyer's answer:

  Further in the section - the grounds for termination of the contract, you write - it is terminated unilaterally in the event of repeated violation by the tenants of the rules for using the residential premises - you can list the options. Next, in the section on the consequences of termination of the contract or penalties, you write - in case of termination of the contract due to the fault of the employer, the loot is not returned and a premium is collected in my favor in the amount of 1 million euros, or whatever you wish, etc. See on your blank how it is more convenient to write.

Polina Nikolaeva

how to grow mycelium

• The best results are achieved when growing mycelium in specialized scientific and industrial laboratories, where all the necessary conditions, expensive equipment and personnel trained to work in sterile conditions are available. IN...

Stanislav Trempolets

Penalty for increasing battery sections!!!. Is there a fine or other punishment for illegally extending central heating radiator sections! If yes, please provide a link to the law!

• Lawyer's answer:

  Yes, this is an unauthorized reorganization. Heating radiators are a component of the heating engineering network. part 1. Reconstruction of residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises. . The owner of a residential premises that has been unauthorizedly rearranged and (or) redesigned, or the tenant of such residential premises under a social tenancy agreement, is obliged to bring such residential premises to their previous condition within a reasonable time and in the manner established by the body carrying out the approval. In addition: Code of Administrative Offenses of the Russian Federation, Article 7.21. Violation of the rules for the use of residential premises. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes - entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles.

Ilya Shamagdiev

About the layout of the apartment. The apartment was remodeled by the previous residents with the demolition of a wall. In this regard, won’t we have to pay a fine, since I heard that redevelopment requires a special permit? And is it possible to sell this apartment in the future without complications?

• Lawyer's answer:

  Before remodeling a residential premises, it is necessary to approve it (Article 26 of the Housing Code of the Russian Federation). The owner of a residential premises that was unauthorizedly rebuilt and (or) redesigned, or the tenant of such residential premises under a social tenancy agreement, is obliged to bring such residential premises to their previous condition within a reasonable time (Clause 3 of Article 29 of the Housing Code of the Russian Federation). Responsibility for violation of the rules for the use of residential premises or violation of the rules for the maintenance and repair of residential buildings and (or) residential premises is established by Art. 7.21 Code of Administrative Offenses of the Russian Federation (fine from 2000 to 2500 rubles). Payment of a fine does not relieve one from the obligation to bring the residential premises into the design condition. However, in accordance with paragraph 4 of Art. 29 of the Housing Code of the Russian Federation, on the basis of a court decision, residential premises may be preserved in a rebuilt and (or) redesigned state, if this does not violate the rights and legitimate interests of citizens or does not create a threat to their life or health. Moreover, if the transfer of ownership of this residential premises has undergone state registration, then in accordance with Federal Law dated July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” to the registration authority for registration of transactions with real estate the property is provided with a technical passport or cadastral passport, and if these passports contain information about the redevelopment, then it is legalized. But in practice, it happens that BTI workers sometimes do not check the condition of the living space, limiting themselves to the words of interested parties, so changes are not made to the technical passports. In this case, you can try to either coordinate the redevelopment that has been carried out, or go to court with an application to preserve the residential premises in the redeveloped state. If this is refused, then the residential premises will need to be brought back to design condition. In the latter case, you can demand compensation for losses from the previous owner of this residential premises, who carried out the redevelopment without its approval.

Alexey Usatikh

Paying tax on renting out an apartment... Neighbors have Shanghai! Where should I go to get rid of this mess? How to inform the tax office that no tax is paid on the apartment?

• Lawyer's answer:

  We have the same. The tax office will definitely not be of any use - it’s just to hurt the neighbor - but why not for torment?... I understand that our chances are weak, but we wrote letters to the Federal Migration Service, the Department of Internal Affairs, the Housing Inspectorate - we haven’t sent them yet - I’m attaching them to the Federal Migration Service Moscow, from housing cooperative Moscow, Chairman of housing cooperative address Telephone: Application. In our building, two apartments (No. 25 and No. 50) are rented to foreign citizens. In each apartment, from 8 to 15 people have been living without registration for several years, which is a violation of the law of our country according to the Law of the Russian Federation of July 18, 2006 “On MIGRATION REGISTRATION OF FOREIGN CITIZENS AND STATELESS PERSONS IN THE RUSSIAN FEDERATION” Art. 16: “A foreign citizen’s application for registration at the place of residence must be submitted to the migration registration authority ... within seven working days ... from the date of his arrival at the location of the specified residential premises. » In accordance with Chapter 5, Art. 24: “Persons guilty of violating the legislation of the Russian Federation on migration registration are liable in accordance with the legislation of the Russian Federation. » These citizens violate the rights of our residents, do not comply with the rules for the use of residential premises (GD of the Russian Federation dated January 21, 2006 “On approval of the rules for the use of residential premises”, do not maintain the sanitary and technical condition of the common property of the residents of our building: neighbors’ apartments were repeatedly flooded, plumbing the equipment is in terrible condition, there are constant short circuits in the electrical network of the entire house, which creates a fire hazard. Therefore, all residents of the house are asked to immediately bring to administrative responsibility and evict foreign citizens illegally residing without registration and violating OUR LAWS. We ask you to immediately conduct a check on the fact of compliance with migration legislation RF, bring to administrative responsibility violators of the law - apartment owners and tenants and take measures to evict foreigners who violate the law of our country. transport Article 7.17. Destruction or damage to someone else's property Article 7.21. Violation of the rules for the use of residential premises 1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes - Article 18.11. Violation of immigration rules of the Russian Federation GD dated 21. 01 2006 N 25 “ON APPROVAL OF RULES FOR THE USE OF RESIDENTIAL PREMISES” 10. As a user of residential premises, the tenant is obliged to: b) use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises; d) maintain the proper condition of the residential premises, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the residential premises, entrances, elevator cabins, staircases, and other common areas, ensure the safety of sanitary and other equipment equipment, as well as comply with the requirements of paragraph 6 of these Rules; e) immediately take possible measures to eliminate detected defects in the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or the relevant management organization; f) carry out routine repairs of residential premises; i) allow, at a pre-agreed time, into the residential premises employees of the landlord or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, as well as to carry out the necessary repair work ; 26. Violation of these Rules entails liability in accordance with the law.

Klavdiya Alexandrova

where can I go to get advice on fines for redevelopment (non-load-bearing walls)? It's best to give your phone number.

• Lawyer's answer:

  According to the Code of Administrative Offenses of the Russian Federation, Article 7.21. Violation of the rules for the use of residential premises 1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized re-equipment of residential buildings and (or) residential premises or their use for other purposes - entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand up to one thousand five hundred rubles.2. Unauthorized redevelopment of residential premises in apartment buildings shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles. Article 7.22. Violation of the rules for the maintenance and repair of residential buildings and (or) residential premises Violation by persons responsible for the maintenance of residential buildings and (or) residential premises of the rules for the maintenance and repair of residential buildings and (or) residential premises or the procedure and rules for declaring them unsuitable for permanent residence and transferring them to non-residential, as well as re-equipping residential buildings and (or) residential premises without the consent of the tenant (owner), if the re-equipment significantly changes the conditions of use of the residential building and (or) residential premises - entails the imposition of an administrative fine on officials in the amount of four thousand to five thousand rubles; for legal entities - from forty thousand to fifty thousand rubles.

Nikita Medyntsev

If a load-bearing wall in an apartment is illegally demolished, what will happen?

• Lawyer's answer:

  Article 7.21. Violation of the rules for the use of residential premises 1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes - entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles. 2. Unauthorized redevelopment of residential premises in apartment buildings - entails the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles.

Yakov Rogozhnikov

about legislation. Does a person have the right to smoke in his own entrance?! If he is registered there!

• Lawyer's answer:

  Each subject has its own Law on Administrative Offences. Let me give you an example. LAW OF THE KRASNOYARSK REGION ON ADMINISTRATIVE OFFENSES Article 8.5. Smoking in undesignated places 1. Smoking tobacco in workplaces, in urban and suburban transport, in entrances, elevators and on stairwells of residential buildings, in premises occupied by sports, educational organizations, cultural and health organizations, state authorities and local self-government, with the exception of specially established smoking areas - entails a warning or the imposition of an administrative fine in the amount of one to two times the minimum wage. 2. Smoking tobacco by minors under the age of 16 in public places - entails a warning or the imposition of an administrative fine on parents or other legal representatives of minors in the amount of one to three times the minimum wage. You have the right to contact the local police officer in your area to solve the problem. In addition, you can contact the prosecutor's office with a statement of violation of rights by residents who constantly smoke in common areas. The facts specified in your application must be confirmed and established that in fact, in the common areas of the communal apartment, residents constantly and systematically smoke, which is a violation of clause 6 of the Rules for the Use of Residential Premises (approved by Government Decree of the Russian Federation 25 of January 21, 2006) , according to which the use of residential premises must be carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary and hygienic and other legal requirements. In addition, smoking is a violation of clause 9.1 of SanPin 2.1.2.1002-00 “Sanitary and epidemiological requirements for residential buildings and premises.”

Claudia Krylova

Is there any law banning smoking in the entrance of a residential building? The neighbors are tormented. They smoke near my door.

• Lawyer's answer:

  No, in the law on smoking, the entrance is not listed in the list of public places in which smoking is prohibited. You can try contacting Rospotrebnadzor in Moscow - smoking in the entrance is a violation of clause 6 of the Rules for the Use of Residential Premises (approved by Russian Government Decree No. 25 of January 21, 2006). The Rules state that the use of residential premises must be carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary and hygienic requirements and others. In addition, smoking on the landing is a violation of sanitary and epidemiological requirements for residential buildings and premises. Therefore, you can contact the prosecutor’s office with a request to conduct an inspection and initiate administrative proceedings for violation of sanitary and epidemiological requirements for the operation of residential buildings and public premises under Art. 6.4 of the Code of the Russian Federation on Administrative Offences. . You can also contact the local police officer to have a conversation.

Alena Pugacheva

where should I turn if my neighbors in the communal apartment made a warehouse in their room

• No, there is a violation!!! There are rules for using Zhil. Foundation of the Russian Federation - read it! ! It says there that residential premises can only be used for their intended purpose - that is, as housing and nothing more!!!

Yaroslav Gordeychuk

how to deal with smokers in the entrance?

• Smoking in the entrance has all the signs of an administrative offense: public danger, guilt, illegality (since Article 41 of the Constitution, many articles of the Housing Code, etc. are violated), except for one thing - punishability - bring to...

Ksenia Kozlova

I really need help.... In a two-story house, on the first and second floors, people regularly smoke in the staircase. site. It's not May, you can't open the windows for ventilation. They pull you into apartments where they live, including small children, who are far from in good health. Oral conversations with smokers in the entrance are more like Sisyphean work. Maybe there is an article for this or something else that can be argued for? Or maybe you can suggest ways of influencing from your successful experience, not excluding physical....

• Lawyer's answer:

  If you are not too lazy, you can try through the court. Inter-apartment landings and stairs of an apartment building are included in the common property. Their purpose is to serve not residents, but premises (clause 2 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491). The owner of a residential premises (a landlord under a social tenancy agreement can be included in this category) is obliged to respect the rights and legitimate interests of neighbors, as well as the rules for maintaining the common property of premises owners in an apartment building (Part 4 of Article 30 of the Housing Code of the Russian Federation). Members of the family of the owner of a residential premises who are capable and limited by the court in their legal capacity are jointly and severally liable with the owner for the obligations arising from the use of this residential premises, unless otherwise established by agreement between the owner and members of his family (Part 3 of Article 31 of the Housing Code of the Russian Federation). With regard to social rent, there is a direct ban on the inclusion of common property in an apartment building in the subject of the contract (Part 2 of Article 62 of the Housing Code of the Russian Federation). Taking into account the above, smoking by one of the owners, tenants and members of their families in the entrance constitutes the use of common property for personal purposes contrary to its purpose. The violation of the rights and legitimate interests of neighbors lies in the fact that such use poisons the air both on stairs and landings, and in residential premises. In accordance with paragraph 1 of Art. 247 of the Civil Code of the Russian Federation, ownership and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court. Thus, if one of the owners, including the landlord, or at least a member of his family is a smoker, then the injured co-owner, by going to court, can justify and obtain a decision that will directly indicate acceptable and unacceptable forms of use of the common property. A court decision that has entered into legal force can be enforced. An additional civil law measure to protect home owners and tenants from all of these categories of violators is a negative claim, the grounds and purpose of which are generally formulated in Art. Art. 304 and 305 of the Civil Code of the Russian Federation. The administrative-legal decision is applicable equally to owners, and to tenants, and any other persons - subjects of an administrative offense under Art. 7.21 Code of Administrative Offenses of the Russian Federation "Violation of the rules for the use of residential premises." Thus, in accordance with Part 1 of this article, the use of residential buildings for purposes other than their intended purpose is punishable. In addition, persons responsible for the maintenance of residential buildings are liable under Art. 7.22 of the Code of Administrative Offenses of the Russian Federation for violating the rules for maintaining residential buildings, including the Rules mentioned above. You just have to choose: seal doorways and seal keyholes, wage psychological warfare, or test the proposed legal options.

Valentin Baranov

We have a plasterboard partition in our room. The BTI says it's a redevelopment. and send it to the interdepartmental commission. So that they come and say that it is temporary. The question is this! Is it possible to contact this commission? What if they say that it’s a redevelopment, then it’s a total mess! Tell me, who has encountered this??

• Lawyer's answer:

  The partition is a redevelopment. Responsibility for redevelopment. - Article 7.21. Violation of the rules for the use of residential premises 1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes - (as amended by Federal Law dated 28.12 .2009 N 380-FZ) entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles. (as amended by Federal Law No. 116-FZ of June 22, 2007) 2. Unauthorized redevelopment of residential premises in apartment buildings - entails the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles. (as amended by Federal Law dated June 22, 2007 N 116-FZ)

Valentin Garin

How to kick my sister's drug addict friends out of the house.. My sister lives with my mother, she is a drug addict. Her friends constantly come to see her, and then later, they stay overnight. My mother and I tried to kick them out, but they shouted that until their sister drives them away, they won’t leave! We even called the police, but they say they can't do anything. My sister is registered and has the right to drive whoever she wants! Please help me, give me an answer, what can I do here?

• Lawyer's answer:

  Press the police, complain to the local police officer, regularly call the police, write statements complaining about violations of public order committed by guests. If the police do nothing, write complaints addressed to the head of the police department - despite repeated requests, your subordinates are inactive, etc. You can also complain to the district administration and the housing inspectorate about your sister’s violation of the rules for using living quarters - dirt, noise, etc. Firstly The police will be annoyed by this and they will at least talk to them, they will also be annoyed by the attention of the police and perhaps they will behave more modestly and gather somewhere else. Secondly, when a lot of such materials accumulate, you can file a lawsuit to evict your sister due to constant violations of the rules for the use of residential premises.

Natalia Smirnova

Help me deal with this crazy guy! We don't know where to turn!

• Your problem is practically insoluble. Such people have been poisoning the lives of those around them for years and practically nothing can be done about them. Hence the police's advice to break his arm. Compulsory hospitalization is almost impossible to achieve...

Alexey Vekshegonov

Illegal redevelopment of an apartment, how much is the fine for it?

• Lawyer's answer:

  Article 7.21 of the Code of Administrative Offenses of the Russian Federation. Violation of the rules for the use of residential premises 1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes - entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles. 2. Unauthorized redevelopment of residential premises in apartment buildings - entails the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles. They have the right to fine you repeatedly until you bring everything back to its previous form or agree, for failure to comply with an order to eliminate the consequences of unauthorized redevelopment, which will be issued - a double fine

Olesya Kuzmina

What is the penalty for smoking in the entrance of a residential building??? The neighbor seems to have gone crazy and will soon come out with a gun

• Lawyer's answer:

  Actually, now there’s a fine, but everyone puts their money on it and smokes... This is a violation of clause 6 of the Rules for the Use of Residential Premises (approved by Decree of the Government of the Russian Federation No. 25 of January 21, 2006). The Rules state that the use of residential premises must be carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary and hygienic requirements and others. In addition, smoking on the landing is a violation of sanitary and epidemiological requirements for residential buildings and premises. Based on the results of the prosecutor's inspection for smoking in the entrance, administrative proceedings were initiated for violation of sanitary and epidemiological requirements for the operation of residential buildings and public premises under Art. 6.4 of the Code of the Russian Federation on Administrative Offences.

Irina Zhukova

How to evict neighbors from a room if it is not privatized for them, where to go? A two-room communal apartment, they just moved in - the neighbors are pigs to no end... a 40-year-old woman has been living here for 40 years and she already has her own laws... the kitchen is all moldy, the toilet is all covered in shit and she thinks this is quite normal, supposedly better and I haven’t seen it, he’s hoarding all the junk from the trash, etc. etc....he doesn’t want to do anything, he’s been waiting for resettlement for 20 years...in short, how to force him out and where to go?!

• Lawyer's answer:

  File a complaint with the municipality about violation of the rules for using residential premises. In accordance with the housing code, this is grounds for termination of the rental agreement and eviction. The truth is that the administration will never agree to this. But then you have another move - appeal to the Prosecutor's Office. In general, it’s a lot of writing, it’s long, it’s tedious, right up to the President. And one more thing: you won’t be able to buy a room from your neighbor, since the room belongs to the municipality. You will have to buy back from them. If you have money to pay right away, you can try to negotiate with the municipality. In principle, there is another option: In accordance with paragraph 4 of Art. 83 of the Housing Code of the Russian Federation: the contract is terminated in the following cases: Article 83. Termination and termination of a social tenancy agreement for residential premises 4. Termination of a social tenancy agreement for residential premises at the request of the landlord is permitted in court in the event of: 1) failure by the tenant to pay for the residential premises and (or) utilities for more than six months; 2) destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible; 3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises; 4) use of residential premises for other purposes. Since there are two owners in this apartment: you and the municipality, you can try to go to court with a claim to oblige the municipality to terminate the rental agreement with your neighbor due to clause 4 of Art. 83 Housing Code of the Russian Federation. Since it is common property, and all owners must bear the costs of its maintenance, etc. In my memory, there have been no such claims. The lawyer who takes it can set a precedent. A very interesting matter. Good luck! (Before going to court, write letters anyway - this is your evidence, in addition, call a commission from the management company and draw up an Act on the inspection of housing conditions, including common areas), etc.

Yuri Protasyev

Is a person breaking any law? I have some kind of crazy neighbor upstairs....he listens to music at such a volume that I can make out the words...at night I know this violation...but during the day? my daughter has difficulty falling asleep to such accompaniment, I’m afraid to go to him, since she most likely drinks and may not be adequate...

• Lawyer's answer:

  If it exceeds the sanitary norms, then it violates them during the day, call the SES and make a measurement; then go to court, demand compensation and forced eviction due to constant violations of the rules for the use of residential premises. Also write a statement to the district police officer with a demand to stop the administrative violation and bring your neighbor to administrative responsibility under the relevant article of the Code of Administrative Offenses of the subject-region-krai - he will at least hold a conversation.

Vitaly Prokudin

What to do if people constantly smoke on the landing

• Currently, Federal Law 87-FZ of July 10, 2001 is in force. On restricting tobacco smoking (as amended by No. 268-FZ dated December 22, 2008). In accordance with paragraph 1 of Art. 6 of the above Law in order to reduce the harmful effects of tobacco smoke...

Alena Novikova

Is it possible to set up a workshop in an apartment? where to write a complaint or what to do? constant noise of a drill, electric saw, hammer blows, etc.

• Lawyer's answer:

  Constant noise is a violation of sanitary standards. In addition, the Housing Code of the Russian Federation provides for the use of residential premises only for its intended purpose. If you deviate from these rules, you have the right to contact the san. epidemic station with a request for an inspection. Based on the results (if there is a violation), an Act will be drawn up. You collect copies of all documents and file a lawsuit to evict Papa Carlo.

Anatoly Shinkarenkov

How to solve a problem? How to make sure that violently insane people are not allowed out to normal people, especially in an apartment building. house? In my mother’s house, a girl (28 years old) poured boiling water on her neighbors from the 4th floor, threw books, etc. This is the most harmless thing... Her mother is the same. They don't drink and don't work anywhere. They live on their mother’s and grandmother’s pensions, they constantly create scandals in the house, swear, beat something, break something... In short, it’s scary to walk past their apartment. The neighbors called an ambulance for them. The girl and her mother were taken to the prison. They released him a few weeks later. Yesterday, not even a month had passed, the same story repeated itself again. The neighbors collected signatures and took them to the local police officer. Tomorrow they will come for them again and take them away for treatment. How long can this be tolerated and is it worth it?! After all, there is no point in treatment. After all, they can burn down the house, and not turn off the gas, and cause a flood (they have already done so, more than once)

• Lawyer's answer:

  This is almost hopeless - it is very difficult to send for compulsory treatment in a hospital - you need an appropriate diagnosis and a decision from the commission - until a person kills or maims someone, as a rule, this is practically impossible if he himself is against it. You can try to evict them due to constant violations of the rules for using the premises - record all the outrages and take them to court. In our house on the 8th floor there lived exactly such a family - a mother and a schizophrenic daughter and a husband who drank a fair amount - imagine he was an avid hunter and earned extra money by making homemade cartridges from old hunting cartridges - collecting old batteries and pulling lead out of them and shots poured out - smoke like a rocker, explosions - fires - neighbors hanged themselves. And during the day, while he was at work, the mother and daughter were throwing bags of colored liquid at passers-by, and the husband would come home from work and have a drink and let’s hunt for them; he would run after them with his dog on all floors, yelling and screaming obscenities. Their dog lived on the balcony and kept barking and howling all night. Kick-ass is complete shorter. The local doctors were afraid to go into the house; the whole house was walking in circles around the house to avoid their loggia. Wherever people wrote and were filed in court many times - a bag of material, every day the police went to work - there was no sense - no one thought of forcibly hospitalizing them, and it was not realistic to evict them through the court since they rented an apartment (their own 3 - we rented out a room and rented a one-room apartment - that’s why we lived). One fine day they hit the wife of a prosecutor from a neighboring house with several bags, who was walking with a child with a stroller - well, they thought they were screwed - there were 15 police cars standing near the house all evening, a crowd of cops - but they never opened the door - and the police dispersed and all things.

Vera Baranova

Smoking neighbors in the entrance is a reason for a statement????

• Lawyer's answer:

  You have the right to contact the local police officer in your area to resolve the problem. In addition, you can contact the prosecutor's office with a statement of violation of rights by residents who constantly smoke in common areas. The facts specified in your application must be confirmed and established that, indeed, residents constantly and systematically smoke in common areas, which is a violation of clause 6 of the Rules for the Use of Residential Premises (approved by Government Decree 25 of the Russian Federation of January 21, 2006), according to in which the use of residential premises must be carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary and hygienic and other legal requirements. In addition, smoking is a violation of clause 9.1 of SanPin 2.1.2.1002-00 “Sanitary and epidemiological requirements for residential buildings and premises.”

  HOW to open a garden at home.. Help, maybe someone has already tried to do this. Maybe a children’s club will open. How is it legally correct so that there are fewer problems?

  • Lawyer's answer:

    Home kindergarten is illegal. It is impossible for a kindergarten organized in an apartment to obtain a license for educational activities. In addition, carrying out commercial activities in residential premises entails the application of Article 7.21. Code of Administrative Offenses (“Violation of the rules for the use of residential premises”), which threatens with a fine of 10 to 15 minimum wages. But there is another way to legalize this business. According to the Regulations on Licensing of Educational Activities, developmental activities (classes in clubs, sections, studios), educational activities, leisure activities, etc., are not subject to licensing, that is, any activity that is not accompanied by final certification and issuance of documents on education and qualifications. In this case, the owner of a home kindergarten registers as an individual entrepreneur, buys a cash register, keeps accounts and calls his child care institution a development center. At the same time, in the event of an inspection, of course, difficulties may arise with the controller, but as practice shows, the problem can be solved and an agreement can be reached. The main problem of such a business is the high level of responsibility. The kindergarten bears full responsibility for the life and health of children, so the security system must be thought through to the smallest detail. It is necessary to equip the apartment with a fire alarm, set up a system for recording and storing medical records, train staff in first aid skills, etc.

    Violation of sanitary and epidemiological requirements for the operation of residential premises and public premises, buildings, structures and transport - entails the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from one thousand to two thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to two thousand rubles or administrative suspension of activities for a period of up to ninety days; for legal entities - from ten thousand to twenty thousand rubles or administrative suspension of activities for a period of up to ninety days.

• Pavel Ulyanov

  Does he have the right? Does a person who has bought a room with an encumbrance in a communal apartment have the right to discharge another person if he does not pay utility bills and creates unsanitary conditions? Or for other reasons, how can such a person be discharged? Please tell me.

  • You can try legal action for constant violations of the rules for using residential premises - sometimes it works.

Victor Silaev

Question for lawyers. If a person does not take care of his property (part of a private house), maintains it and the adjacent territory in unsanitary conditions (rats, dirt, homeless people and drug addicts climb in to warm themselves, nothing has ever been cleaned up (garbage, snow, leaves, fallen trees after hurricanes), that which requires necessary and urgent repairs (a roof after a hurricane, a well, a foundation, a fence...) is not repaired or replaced; but is mainly used for other purposes - the yard is cluttered with rotten boards with huge, rusty, protruding nails, and Small children live in the house, and one has already pierced his foot by stepping on a nail, it’s good that not his eye; the building itself is used as a storage shed for all sorts of rubbish, transported by huge machines and stored in this room, from time to time brigades of foreigners live there. WHAT CAN BE DONE IN THIS CASE?

• Lawyer's answer:

  Article 7.21. Violation of the rules for the use of residential premises 1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes - (as amended by Federal Law dated 28.12 .2009 N 380-FZ) entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles.

Igor Klishin

Smoking in hallways. There are many places where it is written that smoking in hallways is prohibited and a fine is imposed, I wandered around the Internet and everywhere, when asked about smoking in hallways, a quote from the law is given stating what is prohibited and a fine is imposed. I don’t understand only one thing: how is a fine imposed on a person smoking in the entrance if there is neither a policeman nor witnesses? Even if you grab a smoker by the hand and immediately call the police, upon arrival there is no evidence that this particular person smoked, besides, the smoker can simply leave, you won’t fight him. Is this law completely lobbied by tobacco lobbyists, or do I not know how to use it? When will this scum in power stop poisoning its people?!

• Lawyer's answer:

  The smoking law has changed little. As for the evidence, you film it on camera - that’s the evidence for you - only there is no fine. Almost the only special article of the Code of Administrative Offenses is administrative liability for smoking in cars (including vestibules) of a commuter train, which is, according to Part 3 of Art. 11.17 of the Code of Administrative Offenses as a separate administrative offense, which is followed by administrative liability in the form of a warning or the imposition of an administrative fine in the amount of one hundred rubles. According to Article 5.27 of the Code of Administrative Offences, an employer can be prosecuted for smoking of its employees in the workplace. Smoking in the entrance is a violation of clause 6 of the Rules for the Use of Residential Premises (approved by Decree of the Government of the Russian Federation No. 25 of January 21, 2006). The Rules state that the use of residential premises must be carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary and hygienic requirements and others. In addition, smoking on the landing is a violation of sanitary and epidemiological requirements for residential buildings and premises. Therefore, you can contact the prosecutor’s office with a request to conduct an inspection and initiate administrative proceedings for violation of sanitary and epidemiological requirements for the operation of residential buildings and public premises under Art. 6.4 COAP. You can contact the local police officer and he will conduct a conversation. I can’t say anything about what the authorities will and will stop doing and when.

Anton Krasnoramensky

the apartment next door smells terribly of cat meat. what to do about it and where to complain? she has about 20 cats living in her apartment

• Lawyer's answer:

  You can file a lawsuit for violation of the Decree of the Government of the Russian Federation of January 21, 2006 N 25 “On approval of the Rules for the use of residential premises.” Clause 10. As a user of residential premises, the tenant is obliged to: a) use the residential premises for its intended purpose and within the limits established by the Housing Code of the Russian Federation; b) use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises; Your neighbors do not respect the interests of the owners of other apartments in the building. This is grounds for filing a claim. First, submit an application to Rospotrebnadzor in Moscow and the district police officer.

Alexey Nekhoroshin

what did Article 142 of the Code of Administrative Offenses become known as?

Full text of Art. 7.21 Code of Administrative Offenses of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 7.21 of the Code of Administrative Offenses of the Russian Federation.

1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes (paragraph as amended, put into effect on March 31, 2010 by the Federal Law of December 28, 2009 N 380-FZ -
entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles (paragraph as amended, put into effect on July 8, 2007 by Federal Law of June 22, 2007 N 116-FZ.

2. Unauthorized redevelopment of residential premises in apartment buildings -
entails the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles (paragraph as amended, put into effect on July 8, 2007 by Federal Law of June 22, 2007 N 116-FZ.

Commentary on Article 7.21 of the Code of Administrative Offenses of the Russian Federation

1. The object of encroachment when committing these offenses is social relations arising in connection with the establishment of the procedure for the use of residential premises by citizens, the rules for the operation of residential premises and equipment. Offenses entailing liability under this article affect the housing rights of citizens, cause damage to the housing sector, and create inconvenience for persons living together.

The Housing Code (LC RF) establishes the obligations of citizens to comply with the rules for the use of residential premises. Moreover, such obligations, including the requirement to ensure the safety of housing and to use it for its intended purpose, are imposed on both the owners of residential premises and tenants.

Thus, the Housing Code of the Russian Federation provides that the owner of a residential premises exercises the rights of ownership, use and disposal of the residential premises belonging to him by right of ownership in accordance with its purpose and the limits of its use, which are established by the Code. At the same time, the owner is obliged to maintain this premises in proper condition, preventing mismanagement of it, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building. Members of the owner's family are also obliged to use the residential premises for their intended purpose and ensure its safety (Parts 1 and 4 of Article 30, Part 2 of Article 31).

The tenant of a residential premises under a social tenancy agreement (see Decree of the Government of the Russian Federation of May 21, 2005 N 315) is obliged to use it for its intended purpose and within the limits established by the Code, ensure the safety and maintain the proper condition of the residential premises. Members of the tenant's family have equal rights and obligations with the tenant and bear joint and several liability with him for the obligations arising from the social tenancy agreement (part 3 of article 67, part 2 of article 69).

The Housing Code of the Russian Federation provides for the possibility of eviction of a tenant and his family members without the provision of residential premises, as well as measures for the termination and termination of a social tenancy agreement for residential premises. This is also permitted in cases where the tenant and members of his family living with him use the residential premises for other purposes, systematically violate the rights and legitimate interests of neighbors, or mismanage the residential premises, allowing them to be destroyed. The landlord is obliged to warn violators of the need to eliminate the violations. If these violations entail the destruction of the residential premises, the landlord also has the right to set a reasonable period for eliminating these violations. If the violations are not eliminated, the guilty citizens, at the request of the landlord or other interested parties, are evicted in court without the provision of other residential premises (part 4 of article 79, part 4 of article 83, part 1 of article 91).

Based on the requirements of the Housing Code of the Russian Federation, the procedure for using residential premises of state and municipal housing funds, as well as residential premises owned by citizens in apartment buildings, is established by the Rules for the use of residential premises, approved by Decree of the Government of the Russian Federation of January 21, 2006 N 25.

In particular, the Rules provide for a number of obligations of a housing tenant under a social tenancy agreement, including not allowing work or other actions in the residential premises that lead to its damage; maintain the proper condition of the residential premises, as well as common areas, maintain cleanliness and order in the residential premises, entrances, elevator cabins, staircases, and other common areas; ensure the safety of sanitary and other equipment; immediately take possible measures to eliminate malfunctions of the residential premises or equipment located in it, and, if necessary, report them to the lender or the relevant management organization; carry out routine repairs to residential premises. The rules prohibit the reconstruction or redevelopment of residential premises in violation of the established procedure.

These Rules also define the responsibilities of homeowners in an apartment building. Thus, the owner is obliged to ensure the safety of the residential premises, bear the costs of its maintenance, participate in the costs of maintaining the common property in an apartment building in proportion to his share in the common property by paying a fee for the maintenance and repair of the residential premises, including a fee for current and major repairs of the common property , pay utility bills, and fulfill other legal requirements.

The rules for maintaining common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 N 491, regulate relations regarding the maintenance of common property belonging to the owner of the premises. The common property must be maintained in accordance with the requirements of the legislation of the Russian Federation (including on the sanitary and epidemiological welfare of the population, technical regulation, consumer protection) in a condition that ensures the reliability and safety of the apartment building. Proper maintenance of common property is ensured by the owners of the premises, the homeowners' association, housing, housing-construction cooperative or other specialized consumer cooperative.

Management organizations and persons providing services and performing work during the direct management of an apartment building are responsible to the owners of the premises for violation of their obligations and are responsible for the proper maintenance of common property in accordance with the legislation of the Russian Federation and the contract.

State authorities and local self-government bodies, within the limits of their competence, providing conditions for citizens to exercise the right to housing, exercise control over the use and safety of the housing stock, the compliance of residential premises with established sanitary and technical rules and regulations, and other legal requirements.

2. Damage to residential premises can also occur as a result of violation of fire safety rules, and therefore such an offense may, depending on the specific circumstances, also be qualified under Art. 20.4 of the commented Code.

Violation of cleanliness and order in common areas, in entrances, elevator cabins, staircases, and other places can also cause damage to residential premises and be qualified under Art. 7.21. At the same time, if such offenses infringe on the health of citizens or the living environment, they can be qualified under Art. 6.4 as a violation of sanitary and epidemiological requirements for the operation of residential and public premises and buildings.

Residential buildings and residential premises are intended for permanent residence of citizens, as well as for use in the prescribed manner as office residential premises and dormitories. Providing premises in residential buildings for industrial needs is prohibited. The transfer of premises from residential to non-residential is carried out in the manner prescribed by housing legislation.

3. Redevelopment and (or) redevelopment of residential premises are carried out on the basis of the requirements of Ch. 4 LCD RF. In accordance with the Code, the reconstruction of a residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises. Redevelopment entails a change in its configuration, which also requires changes to the technical passport (Article 25).

Reconstruction or redevelopment of residential premises is carried out in compliance with the requirements of the law in agreement with the local government body on the basis of a decision made by it. The owner of this premises or a person authorized by him submits to the authority carrying out the approval at the location of the residential premises an application in the form approved by the Government of the Russian Federation (see Decree of the Government of the Russian Federation of April 28, 2005 N 266); title documents for residential premises; a properly completed reconstruction or redevelopment project; technical certificate; written consent of all family members of the employer; conclusion of the body for the protection of architectural, historical and cultural monuments, if the residential premises or the house in which it is located is an architectural, historical or cultural monument.

The decision to approve or refuse approval must be made by the body carrying out the approval no later than forty-five days from the date of submission of the relevant documents to this body. On making such a decision, the applicant is issued a document, the form and content of which are established by the Government of the Russian Federation and which is the basis for the reconstruction or redevelopment of the residential premises (Article 26).

The Housing Code of the Russian Federation provides for the consequences of unauthorized reconstruction or redevelopment of residential premises, up to the adoption of a decision to bring the residential premises to their previous condition or to sell the residential premises in the prescribed manner at public auction (in relation to the owner), and in relation to the tenant - to terminate the social tenancy agreement ( Art. 29).

4. Actions for unauthorized refurbishment and redevelopment of residential and non-residential premises can be qualified by law enforcement authorities not only under this article of the Code of Administrative Offenses, but also under Art. 19.1 as arbitrariness.

Bearing in mind the increased social harmfulness of such violations as unauthorized redevelopment of residential premises in apartment buildings, taking into account the fact that they affect the peace of residents of neighboring apartments and can worsen the normal living conditions of many other citizens, the legislator has provided for increased liability for this type of offense (in the form a fine from two thousand to two thousand five hundred rubles) compared to liability for violation of the rules for re-equipping residential buildings, qualified under Part 1 of this article.

5. Offenses classified in accordance with the commented article may be intentional or careless.

The subjects of these violations are citizens.

6. Cases of administrative offenses are considered by the heads of executive authorities of the constituent entities of the Russian Federation exercising state control over the use and safety of the housing stock, and their deputies (Article 23.55).

Protocols on administrative offenses are drawn up by officials of the above bodies (Part 1 of Article 28.3).

Consultations and comments from lawyers on Article 7.21 of the Code of Administrative Offenses of the Russian Federation

If you still have questions regarding Article 7.21 of the Code of Administrative Offenses of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

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1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises or their use for other purposes (paragraph as amended, put into effect on March 31, 2010 by the Federal Law of December 28, 2009 N 380-FZ -
entails a warning or the imposition of an administrative fine on citizens in the amount of one thousand to one thousand five hundred rubles (paragraph as amended, put into effect on July 8, 2007 by Federal Law of June 22, 2007 N 116-FZ.

2. Unauthorized redevelopment of residential premises in apartment buildings -
entails the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles (paragraph as amended, put into effect on July 8, 2007 by Federal Law of June 22, 2007 N 116-FZ.

Commentary on Article 7.21 of the Code of Administrative Offenses of the Russian Federation

1. The object of the offense is relations in the sphere of ownership of residential premises and the established procedure for their use.

The main regulatory act in this area is the Housing Code (LC RF), adopted on December 29, 2004.

According to Art. 15 of the Housing Code of the Russian Federation, a residential premises is recognized as an isolated premises, which is real estate and is suitable for permanent residence of citizens, meets established sanitary and technical rules and regulations, and other legal requirements. A residential building is recognized as an individually defined building, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs related to their residence in such a building.

Residential premises are intended for the residence of citizens.

It is permitted to use residential premises for professional activities or individual entrepreneurial activities by citizens legally residing there, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet.

The placement of industrial production in residential premises is not allowed.

The use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary, hygienic, environmental and other legal requirements.

When using residential premises, citizens must comply with the Rules for the use of residential premises - Decree of the Government of the Russian Federation of January 21, 2006 N 25 "On approval of the Rules for the use of residential premises", Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170 "On approval of the Rules and Norms of Technical operation of the housing stock", Fire Safety Rules in the Russian Federation (PPB 01-03), approved. By order of the Ministry of Emergency Situations of the Russian Federation of June 18, 2003 N 313.

The right to use residential premises has:

the tenant and citizens permanently residing with the tenant - under a rental agreement for residential premises of state and municipal housing funds for commercial use;

the tenant and his family members - under a rental agreement for specialized residential premises;

the owner of the residential premises and members of his family;

a member of a housing or housing construction cooperative and members of his family.

The right to use residential premises under a social tenancy agreement arises on the basis of an agreement concluded (in writing) in accordance with the Model Social Tenancy Agreement for residential premises approved by the Government of the Russian Federation.

2. The objective side consists of the commission of the following illegal actions (inaction): damage to residential buildings, residential premises, damage to their equipment, unauthorized conversion of residential buildings and (or) residential premises, their use for other purposes; unauthorized redevelopment of residential premises in apartment buildings.

State authorities and local self-government bodies, within the limits of their competence, providing conditions for citizens to exercise the right to housing, exercise control over the use and safety of the housing stock, the compliance of residential premises with established sanitary and technical rules and regulations, and other legal requirements.

In an apartment building, the tenant and his family members have the right to use the common property in this building. The tenant and his family members are obliged to ensure the safety of the residential premises, not to allow work to be carried out in the residential premises or other actions that lead to its damage.

3. Redevelopment and (or) redevelopment of residential premises are carried out on the basis of the requirements of Ch. 4 LCD RF. In accordance with the Code, the reconstruction of residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises; redevelopment entails a change in its configuration, which also requires changes to the technical passport (on the conditions and procedure for re-equipment (rearrangement, redevelopment) of residential premises, see Rules and norms for the technical operation of the housing stock, approved by Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170).

Unauthorized reconstruction and (or) redevelopment of residential premises carried out by:

a) by the applicant without receiving a document confirming the adoption (by the body carrying out the approval) of a decision to approve the reconstruction (redevelopment). The form and content of such a document are established by the Government of the Russian Federation (Resolution of the Government of the Russian Federation of April 28, 2005 N 266 "On approval of the application form for the reconstruction and (or) redevelopment of residential premises and the form of the document confirming the decision to approve the reconstruction and (or) redevelopment of residential premises premises"). Even if a decision on an agreement has been made, but the document confirming this does not correspond to the form established by the Government of the Russian Federation, then it is considered that there is unauthorized construction and (or) redevelopment of the residential premises;

b) in violation of the procedure for reconstruction and (or) redevelopment of residential premises. Let us remind you that this project must be submitted by the applicant to the approval body (in accordance with the rules of clause 3, part 2, article 26 of the Housing Code). After a decision on approval has been made, the applicant does not have the right to deviate from the agreed project, otherwise there is an unauthorized reconstruction or redevelopment of the residential premises.

The owner of a residential premises that has been unauthorizedly rearranged and (or) redesigned, or the tenant of such residential premises under a social tenancy agreement, is obliged to bring such residential premises to their previous condition within a reasonable time and in the manner established by the body carrying out the approval.

Based on a court decision, residential premises may be preserved in a rebuilt and (or) redesigned state, if this does not violate the rights and legitimate interests of citizens or does not create a threat to their life or health.

If the relevant residential premises are not brought back to their previous condition within the specified time frame in the manner established by the body carrying out the approval, the court at the request of this body, provided that the decision provided for in Part 4 of Art. 29 of the Housing Code of the Russian Federation, makes a decision:

1) in relation to the owner - on the sale of such residential premises at public auction with payment to the owner of the proceeds from the sale of such residential premises minus the costs of executing a court decision with the imposition on the new owner of such residential premises of the obligation to bring it to its previous condition;

2) in relation to the tenant of such residential premises under a social rental agreement - on the termination of this agreement with the imposition on the owner of such residential premises, who was the lessor under the specified agreement, of the obligation to bring such residential premises to its previous condition.

The body carrying out the approval for the new owner of the residential premises, which was not restored to its previous state in accordance with Part 3 of Art. 29 of the Housing Code of the Russian Federation according to the procedure, or for the owner of such residential premises, who was the lessor as terminated in accordance with Part 5 of Art. 29 of the Housing Code of the Russian Federation in accordance with the contract, establishes a new deadline for bringing such residential premises to their previous condition. If such residential premises are not restored to their previous condition within the specified period and in the manner previously established by the body carrying out the approval, such residential premises are subject to sale at public auction in accordance with Part 5 of Art. 29 of the Housing Code of the Russian Federation is in order. It is important to emphasize that Art. 235 of the Civil Code of the Russian Federation, which establishes a closed list of cases of forced seizure of property, does not provide for the possibility of forced seizure of residential premises in the event of its unauthorized reconstruction.

It should be noted that liability in the form of a fine under the commented article is an alternative to a more severe punishment - an unauthorized construction, which is subject to demolition by the person who carried it out himself or at his expense, with one exception. According to Part 3 of Art. 222 of the Civil Code of the Russian Federation, the right of ownership of an unauthorized structure may be recognized by the court for a person who has carried out construction on a land plot that does not belong to him, provided that this plot will be provided to this person in the prescribed manner for the erected structure.

4. The subjects of this offense are citizens.

5. The subjective side of the offense is characterized by guilt in the form of intent.

Another commentary on Article 7.21 of the Code of Administrative Offenses of the Russian Federation

1. General requirements for citizens to ensure the safety of residential buildings are determined by Art. 142 of the Housing Code, according to which citizens are obliged to take care of sanitary and other equipment, improvement facilities, comply with the rules for maintaining a residential building and local area, fire safety rules, maintain cleanliness and order in the entrances, staircases and other public places .

In accordance with Art. 128 LCD major repairs of a residential building, apartment with reconstruction or redevelopment of premises is carried out with the permission of the relevant municipal authorities.

2. According to clause 2 of the Rules for the use of residential premises, maintenance of a residential building and local area in the RSFSR, approved by Resolution of the Council of Ministers of the RSFSR dated September 25, 1985 N 415 (as amended by Resolutions of the Government of the Russian Federation dated January 18, 1992 N 34 and from July 23, 1993 N 726), residential premises in houses of the state, municipal and public housing stock are provided to citizens under a rental agreement.

In accordance with clause 9 of the Rules, reconstruction and redevelopment of residential and utility premises, refurbishment of balconies and loggias can be carried out only in order to improve the improvement of the apartment and are allowed only with the consent of adult family members of the tenant, landlord and with the permission of the relevant municipal authorities, and the rearrangement or installation of additional sanitary and other equipment - with the consent of adult family members of the tenant and with the permission of the landlord.

The tenant who has allowed unauthorized reconstruction and redevelopment of residential and utility premises, refurbishment of balconies and loggias, rearrangement or installation of additional sanitary and other equipment, is obliged to bring this premises to its previous condition at his own expense.

According to clause 25 of these Rules, if the tenant, members of his family or other persons living together with him systematically destroy or damage the living space, or use it for other purposes, or make it impossible for others to live with them in the same apartment or house, and measures of prevention and public influence were ineffective, the guilty persons can be evicted in court in accordance with Art. 98 LCD.

Violation of the rules for the use of residential premises, sanitary maintenance of common areas, staircases, elevators, entrances, adjacent areas, violation of the rules for the operation of residential buildings, residential premises and engineering equipment, mismanagement of their maintenance, as well as unauthorized re-equipment and redevelopment of residential buildings and residential premises, their use for other purposes, damage to residential buildings, residential premises, their equipment and improvement facilities entail criminal, administrative or other liability in accordance with the legislation of the Russian Federation.

3. The rules for the use of residential premises are also determined by the legislation of the constituent entities of the Federation.

According to Art. 1 of the Moscow Law of September 29, 1999 N 37 “On the procedure for reorganizing premises in residential buildings on the territory of the city of Moscow”, a premises in a residential building is understood as a volumetric-spatial formation in a residential building, limited by partitions, main walls, ceilings and other enclosing structures, equipped in accordance with building codes and regulations for use for a specific purpose, including residential, non-residential and public use.

Reconstruction of premises means carrying out in one or more (interconnected) premises of a residential building activities (work) related to changing the location or size of the premises, their composition and/or functional purpose, as well as their engineering equipment. The concept of “reconstruction” includes the redevelopment of premises, their re-equipment or rearrangement of equipment, construction (sealing) of openings in walls, ceilings and partitions.

Reconstruction of premises in residential buildings upon application by applicants is sanctioned by executive authorities, as well as by district administrations in accordance with their competence. Permits are issued by written orders of officials heading executive authorities, as well as district governments, based on the conclusion of an interdepartmental commission at the appropriate level.

To obtain permits for the reconstruction of premises in residential buildings, applicants submit documents, an exhaustive list of which is defined in clause 2 of Art. 4 of the Law of Moscow "On the procedure for the reconstruction of premises in residential buildings on the territory of the city of Moscow." Restrictions on the reconstruction of premises in residential buildings, as well as the procedure for the reconstruction of these premises, are determined in accordance with Art. 5, 9 and 10 of the Moscow Law under consideration.

General requirements for issuing permits for the refurbishment and redevelopment of residential and non-residential premises in residential buildings in Moscow, regardless of their location in state or municipal property, the property of public associations, private individuals, as well as in the economic management or operational management of enterprises or other organizations, have been determined by order of the Mayor of Moscow dated July 31, 1996 N 166/1-RM.

4. According to Art. 13 of the Moscow Law “On the procedure for reorganizing premises in residential buildings on the territory of the city of Moscow” holding citizens, legal entities and officials liable for violating the requirements of this Law is carried out in the manner prescribed by the legislation of the Russian Federation and the city of Moscow.

Violation of the procedure for registration and reconstruction of the premises of a residential building is grounds for the cancellation, on the proposal of the Moscow Housing Inspectorate, of subsidies and compensation (subsidies) for the payment of housing and utility services assigned from the city budget. The specified measures of influence on violators are introduced for the period until these violations and the consequences caused by them are eliminated, but not less than for one month.

In cases of prolonged (more than two months) failure to take measures to eliminate these violations and their consequences:

District governments go to court with claims for the sale at public auction of premises owned by citizens and legal entities in cases provided for in Art. 293 Civil Code;

Claims for termination of contracts for the rental of residential premises, rental of premises in residential buildings and other contracts giving the right to use premises in residential buildings are filed by the owners of residential buildings or their managers vested with appropriate powers.

The Moscow Housing Inspectorate informs the state registration authorities of rights to real estate and transactions with it about established facts of unauthorized reconstruction of premises, non-compliance of the plan of the property (explication of premises, floor plans) with its actual state for the said bodies to take measures in accordance with the law.

In case of damage caused to the premises in the building and to the property of citizens and legal entities during the reconstruction of the premises, carried out in accordance with the permitting documentation, the authority that issued the permit bears responsibility.

If the violation identified during an inspection or inventory is insignificant, its age is old, it is established that the owner of the premises was not involved in its unauthorized reconstruction, or it is impossible to identify the person who committed this violation, executive authorities, as well as district governments, may, upon submission of the Moscow Housing Inspectorate on the regulatory admissibility of the changes made, agree on these changes to registration in the prescribed manner and not require the application of sanctions to the owner of the converted premises.

5. The offense in question is qualified at the moment of violation of the rules for the use of residential premises. Property damage caused by the violator is subject to compensation in full, regardless of whether he is brought to administrative responsibility or not.

6. See note to paragraph 5 of the commentary to Art. 5.1.

The consideration of cases of administrative offenses provided for in the commented article is assigned to officials of the state housing inspection bodies specified in Part 2 of Art. 23.55 of the Code of Administrative Offenses (see also paragraphs 1 - 3 of the commentary to this article).