7.21 of the code of the Russian Federation on administrative offenses. 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 in the commission of these offenses are public 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. The right violations entailing liability under this article affect the housing rights of citizens, damage the housing economy, and create inconvenience to persons living together.
The Housing Code (LC RF) establishes the obligations of citizens to comply with the rules for the use of residential premises. At the same time, such obligations, including the requirement to ensure the safety of housing, to use it for its intended purpose, are imposed on both owners of residential premises and tenants.
Thus, the Housing Code of the Russian Federation provides that the owner of a dwelling shall exercise the rights of possession, use and disposal of the dwelling owned by him on the basis 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 observe the rights and legitimate interests of neighbors, the rules for using residential premises, as well as the rules for maintaining the common property of owners of premises in an apartment building. Family members of the owner are also obliged to use the residential premises for their intended purpose, to ensure its safety (parts 1 and 4 of article 30, part 2 of article 31).
The tenant of a dwelling 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, to ensure the safety and maintain the proper condition of the dwelling. Members of the employer's family have equal rights and obligations with the employer and are jointly and severally liable for the obligations arising from the social contract of employment (part 3 of article 67, part 2 of article 69).
The Housing Code of the Russian Federation provides for the possibility of evicting a tenant and members of his family without providing housing, as well as measures to terminate and terminate a contract for social rental of housing. This is also allowed in cases where the tenant and members of his family living together with him use the dwelling for other purposes, systematically violate the rights and legitimate interests of neighbors or mismanage the dwelling, allowing its destruction. The landlord is obliged to warn violators of the need to eliminate violations. If these violations entail the destruction of the dwelling, the landlord is also entitled to set a reasonable time for the elimination of these violations. If the violations are not eliminated, the guilty citizens, at the request of the landlord or other interested persons, are evicted in court without providing another dwelling (part 4 of article 79, part 4 of article 83, part 1 of article 91).
Based on the provisions 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 on the right of ownership 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 tenant of housing under a social tenancy agreement, including not to allow work or other actions in the residential premises that lead to its damage; maintain the proper condition of the living quarters, as well as common areas, maintain cleanliness and order in the living quarters, entrances, elevator cabins, stairwells, 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 to the relevant management organization; carry out maintenance work on the premises. The rules prohibit the reorganization or redevelopment of residential premises in violation of the established procedure.
The named Rules also define the obligations of homeowners in an apartment building. Thus, the owner is obliged to ensure the safety of the dwelling, 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 dwelling, including a fee for the current and major repairs of the common property. , pay utility bills, comply with 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 for the maintenance of common property owned by the owner of the premises. 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 an apartment building. Proper maintenance of the common property is ensured by the owners of the premises, the partnership of homeowners, housing, housing construction cooperatives or other specialized consumer cooperatives.
Managing organizations and persons providing services and performing work under 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 their competence, providing conditions for the exercise by citizens of the right to housing, exercise control over the use and preservation of the housing stock, compliance of residential premises with established sanitary and technical rules and norms, other requirements of the legislation.
2. Damage to residential premises can also occur as a result of a violation of fire safety rules, in connection with which such a right-violation may, depending on specific circumstances, also qualify under Art. 20.4 of the commented Code.
Violation of cleanliness and order in common areas, in stairwells, elevator cabins, stairwells, and in other places can also cause damage to residential premises and qualify under Art. 7.21. At the same time, if such offenses encroach on the health of citizens, the environment, they can be qualified under Art. 6.4 as violations of sanitary and epidemiological requirements for the operation of residential and public premises, buildings.
Dwelling houses and residential premises are intended for permanent residence of citizens, as well as for use in the established manner as official residential premises and hostels. Provision of premises in residential buildings for the needs of an industrial nature is prohibited. The transfer of premises from residential to non-residential is carried out in the manner prescribed by housing legislation.
3. Reorganization 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 conversion of a dwelling is the installation, replacement or transfer of engineering networks, sanitary, electrical or other equipment that requires changes to the technical passport of the dwelling. Redevelopment entails a change in its configuration, which also requires changes to the technical passport (Article 25).
The reorganization or redevelopment of a dwelling is carried out in compliance with the requirements of the law in agreement with the local government on the basis of a decision taken by it. The owner of this premises or a person authorized by him submits to the body that carries out the coordination 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; properly executed project of reconstruction or redevelopment; technical certificate; written consent of all members of the employer's family; the conclusion of the body for the protection of monuments of architecture, history and culture, if the dwelling or house in which it is located is a monument of architecture, history or culture.
The decision to agree or refuse to agree must be made by the body that carries out the approval no later than forty-five days from the date of submission of the relevant documents to this body. On the adoption of 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 reorganization or redevelopment of the living quarters (Article 26).
The Housing Code of the Russian Federation provides for the consequences of unauthorized reorganization or redevelopment of a dwelling, up to a decision to bring the dwelling to its previous state or to sell the dwelling in the prescribed manner at a public auction (in relation to the owner), and in relation to the tenant - to terminate the contract of social tenancy ( article 29).
4. Actions for unauthorized re-equipment and redevelopment of residential and non-residential premises can be qualified by law enforcement agencies 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 harm 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, may worsen the conditions for the normal living of many other citizens, the legislator provided for increased liability for such offenses (in the form a fine of two thousand to two thousand five hundred rubles) in comparison with liability for violation of the rules for the re-equipment of residential buildings, qualified under part 1 of this article.
5. Offenses qualified in accordance with the commented article may be intentional or reckless.
The subjects of these violations are citizens.
6. Cases of administrative offenses are considered by the heads of the executive authorities of the constituent entities of the Russian Federation, exercising state control over the use and preservation 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).

Appeal of fines for violation of the rules for the use of residential premises

PENZA REGIONAL COURT

referee Sosnovskaya Oh.The.
Case No. 7-423/2016

SOLUTION
October 06, 2016 city of Penza
Judge of the Penza Regional Court Kryuchkova N.P., under Secretary A., having considered in an open court session in the building of the Penza Regional Court the complaint of the Head of the Department of the State Inspectorate for Housing, Construction and Supervision of the Technical Condition of Self-Propelled Machines and Other Types of Equipment of the Penza Region ( Goszhilstroitelkhinspektiya 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 respect of S.,

installed:

Decree of the Deputy Head of the Department of State Inspection for Housing, Construction and 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. brought to administrative responsibility under Part 2 of Art. 7.21 of the Code of Administrative Offenses of the Russian Federation and he was sentenced to an administrative penalty in the form of an administrative fine in the amount of 2,500 rubles.
Disagreeing with this decision, S. on August 25, 2016 filed a complaint with the Leninsky District Court of Penza.
By the decision of the judge of the Leninsky District Court of Penza dated August 29, 2016, S.'s complaint was transferred for consideration by 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 decision of the Deputy Head of the Department of State Inspection in the Housing, Construction Sectors and 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 canceled. The case was returned for a new consideration to the Department of State Inspection for Housing, Construction and Supervision of the Technical Condition of Self-Propelled Vehicles and Other Types of Equipment in the Penza Region.
Disagreeing with the above decision of the judge of the Pervomaisky District Court of Penza, the head of the State Housing 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, all the circumstances of the case that are important for its correct resolution have not been clarified. The decision incorrectly concluded that unauthorized redevelopment is not a continuing, but a stiff offense. In this connection, since the offense was revealed by an official of the administrative body on August 11, 2016, the period for bringing to administrative responsibility at the time of the decision did not expire.
S. did not appear for consideration of the complaint; he was duly notified of the time and place of the hearing. The reason for the failure to appear was not given to the court.
Representatives of the State Housing and Construction Inspectorate of the Penza Region, by proxy P., attested by K., supported the arguments of the complaint, asked to satisfy the complaint, and cancel the decision of the judge of the Pervomaisky District Court of Penza on September 19, 2016.
Having assessed the arguments of the complaint, having heard the explanations of the persons who appeared, having checked the materials of the case, 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 - shall entail the imposition of an administrative fine on citizens in the amount of two to two thousand five hundred rubles.
From the content of Part 1 of Art. 4.5 of the Code of Administrative Offenses of the Russian Federation it follows that the statute of limitations for bringing to administrative responsibility for an administrative offense under Part 2 of Art. 7.21 of the Code of Administrative Offenses of the Russian Federation is two months from the date of its commission.
The offense under Part 2 of Art. 7.21 of the Code of Administrative Offenses of the Russian Federation is considered completed from the date of completion of work on unauthorized redevelopment of residential premises located in an apartment building and cannot be considered lasting.
Based on the provisions of Part 1 of Article 1.6 of the Code of Administrative Offenses of the Russian Federation, ensuring the rule of law when applying measures of administrative coercion implies 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 Construction Inspectorate of the Penza Region recognized it as established and proceeded from the fact that on August 11, 2016, during an audit conducted by specialists from the State Housing Construction Inspectorate of the Penza Region, it was established that S . in the apartment<данные изъяты>and apartment N<данные изъяты>apartment 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 interior curtain wall of the room<данные изъяты>in the room<данные изъяты>(bathroom) the internal non-bearing partition was transferred to the side of 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>dismantling of the internal load-bearing wall of the room<данные изъяты>(corridor), the internal non-bearing partition of the room was dismantled<данные изъяты>apartments<данные изъяты>and rooms<данные изъяты>apartments<данные изъяты>. Permits were not presented.
On the fact of violations detected by a specialist expert - the State Housing Inspector of the Penza Region of the State Housing 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.
Revoking the decision of the Deputy Head of the Department of State Inspection in the Housing, Construction Sectors and Supervision of the Technical Condition of Self-Propelled Vehicles and Other Types of Equipment in the Penza Region<данные изъяты>dated August 16, 2016 in relation to S. and returning the cases for a new consideration to the State Housing Construction Inspectorate of the Penza Region, the judge of the district court established and reasonably proceeded from the fact that S. had 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 set.
The judge of the district court concluded in his decision that this circumstance is a significant procedural violation of the requirements of the Code of Administrative Offenses of the Russian Federation, which did not allow for a comprehensive, complete and objective clarification of all the circumstances that are important for the correct resolution of the case.
I agree with the indicated conclusion of the judge of the district court, since such an administrative offense as unauthorized redevelopment of residential premises in apartment buildings is not a continuing administrative offense.
Under such circumstances, the decision of the Deputy Head of the Department of State Inspection in the Housing, Construction Sectors and 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 respect of 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 norms of the law and lead to a reassessment of the conclusions of the judge's decision. I see no grounds for reassessing the judge's conclusions in the case.
Guided by n. 1 h. 1 Article. 30.7, 30.9 of the Code of Administrative Offenses of the Russian Federation, judge of the regional court

the decision of the judge of the Pervomaisky District Court of Penza dated September 19, 2016 to leave unchanged, the complaint of the head of the State Inspectorate for Housing, Construction and Supervision of the Technical Condition of Self-Propelled Machines and Other Types of Equipment of the Penza Region<данные изъяты>. - without satisfaction.

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

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

1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reorganization and (or) re-planning 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 roubles.

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

Vitaly Palemonov

They arbitrarily glazed the balcony on the first floor of a 12-storey building. What should I do now?

Svetlana Filippova

The management company applied to the court in accordance with Article 29 of the LC RF against the defendant, who was not the owner of the dwelling. They did not apply in a pre-trial order. The lawsuit contains an address of real estate in the Moscow region, owned by the owner, but not by the defendant. The owner of the living space is registered and lives permanently in Moscow and was not notified at the place of residence. The claim was satisfied in absentia. The defendant was never notified, t.to. he lives and is registered in Moscow. On what basis did the court accept the claim?

• Question answered by phone

• Question answered by phone

Victoria Mironova

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

• Question answered by phone

Ekaterina Ilyina

Opened the window. There is nothing to breathe. A lover of cats lives below... Can I be fined according to sanitary standards?

• Lawyer's response:

  Art. ju6.4 of the 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. The difficulty will be in proving the reasons for your inconvenience, she may not let the inspectors into the house

Valeria Koroleva

What is an admin. liability threatens for non-compliance with fire safety at home and for cluttering the premises

Antonina Soboleva

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

• Precinct. And only if there is evidence of living in this residential area without registration for more than 90 consecutive days. Both the senior district police officer, the district police officer - 23.3, and the head can consider cases under this article ...

Ekaterina Petrova

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

• That's when government agencies recognize housing as uninhabitable, due to allegedly disturbed ventilation, then ask such questions. PS. And in what city and what kind of house with an apartment of 11m2 living area? Room 11 m, not an apartment. Footage...

Evdokia Zaitseva

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

Artem Otkupshchikov

Are the norms of hot water supply and sewerage installations violated in the dwelling?

• 1) change the valves either at your own expense (and if possible, transfer below), or at the expense of the management company (the status of your apartment and the form of house management 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 the bathroom and toilet (combining the premises)?

• Lawyer's response:

  Article 7.21 of the Code of Administrative Offenses of the Russian Federation. 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 roubles. The most important thing here is not the size of the fine, but the fact that a fine follows for non-fulfillment of the order, or on agreement, or on bringing it back to its previous state. And so on ad infinitum. Detect redevelopment in different ways. For example, you will need a passport for the BTI apartment, or flooded the neighbors

Margarita Smirnova

Please help me, I can't do it anymore. I live on the first floor. Neighbors from the 3rd floor throw garbage out of the window, like for kats, namely, pieces of fish, salads, sometimes boiled potatoes, even a whole svikla fell. Half does not reach the ground, and stops on my windowsill, the other half lies dead feeds the flies. HERE IS MY PROBLEM. HELP ME!! HOW TO SOLVE IT. I went to the neighbors - yes, forgive me, we won't do it anymore - oh, I'm sorry, out of old habit And the record rushed in a circle. I went to the housing office and they said, What can we do, tell the neighbors. Who is legally required to do this? it’s not for me to call the police)) The house, as it were, is standing on a zhese. If ZhES is obliged to deal with this problem, then I will write statements to ZhREO for everyone there and where it is higher. And maybe there is an article of the law that does not allow throwing garbage out of the window? And the article on which ZhES is obliged to help me? Thanks for the answer

• Lawyer's response:

  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 - rubles. Decree of the Council of Ministers of the RSFSR of September 25, 1985 N 415 on approval of the rules for using residential premises, maintenance of a residential building and the house territory in the RSFSR and a standard contract of rental of a dwelling in houses of state, municipal and public housing stock in the RSFSR (as amended by government decrees RF dated 01/18/92 N 34, dated 07/23/93 N 726) RESPONSIBILITY FOR NON-COMPLIANCE WITH THE RULES FOR THE USE OF RESIDENTIAL PREMISES, MAINTENANCE OF A RESIDENTIAL HOUSE AND ADDITIONAL TERRITORY Violation of the rules for the use of residential premises, sanitary maintenance of common areas, stairwells, elevators, entrances, adjacent territories , violation of the rules for the operation of residential buildings, residential premises and engineering equipment, their mismanagement, 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 landscaping objects entails criminal, administration explicit or other liability in accordance with the law.

Dmitry Vychegzhaninov

How to prescribe in the contract clearly so that the tenants of the tenant do not disturb the neighbors? Yur person rents sq.m. for his employees. at IP. How to prescribe so that the tenants of the tenant do not disturb the neighbors with noise. And so that in the event of 1-2 complaints from neighbors, it would be possible to terminate the contract and evict them without compensation or with a refund of the balance of funds for unused days? to formulate about the neighbors?

• Lawyer's response:

  Further in the section - the grounds for terminating the contract, write - it is terminated unilaterally in the event of repeated violation by the tenants of the rules for using the premises - you can list the options. Further, in the section on the consequences of termination of the contract or penalties, write - in case of termination of the contract through 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. Look at your blank as 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 there are all the necessary conditions, expensive equipment and personnel trained to work under sterile conditions. AT...

Stanislav Trempolec

Penalty for building up battery sections !!!. Is there a fine or other punishment for illegally building sections of central heating batteries! If yes, then give a link to the law!

• Lawyer's response:

  Yes, this is a self-imposed change. Heating radiators are a component of the engineering heating network. part 1. Reconstruction of a dwelling is the installation, replacement or transfer of engineering networks, sanitary, electrical or other equipment, requiring changes in the technical passport of the dwelling. . The owner of a dwelling that has been arbitrarily rearranged and (or) replanned, or the tenant of such a dwelling under a social tenancy agreement, is obliged to bring such a dwelling to its previous state within a reasonable time and in the manner established by the body that carries out the coordination. 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 reorganization and (or) re-planning 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 redevelopment by the previous tenants with the demolition of the wall. In this regard, will we not have to pay a fine, since I heard that it is necessary to take a special permit for redevelopment? And is it possible in the future to sell this apartment without complications?

• Lawyer's response:

  Before making a redevelopment of a dwelling, it is necessary to coordinate it (Article 26 of the Housing Code of the Russian Federation). The owner of a dwelling that has been arbitrarily rearranged and (or) replanned, or the tenant of such a dwelling under a social tenancy agreement, is obliged to bring such a dwelling to its previous state within a reasonable time (clause 3, article 29 of the LC RF). 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 of the Code of Administrative Offenses of the Russian Federation (fine from 2000 to 2500 rubles). The payment of the fine does not release from the obligation to bring the dwelling to the design state. However, in accordance with paragraph 4 of Art. 29 of the Housing Code of the Russian Federation, on the basis of a court decision, a dwelling may be kept in a rebuilt and (or) replanned state, if this does not violate the rights and legitimate interests of citizens or this does not pose a threat to their life or health. Moreover, if the transfer of ownership of this residential premises has passed state registration, then in accordance with Federal Law No. 122-FZ of July 21, 1997 “On State Registration of Rights to Real Estate and Transactions with It” property is provided with a technical passport or a cadastral passport, and if these passports contain information about the redevelopment, then it is legalized. But in practice, it happens that BTI employees sometimes do not check the condition of the living quarters, limiting themselves to the words of interested parties, therefore, changes are not made to the technical passports. In this case, you can try to either coordinate the redevelopment, or go to court with an application to keep the premises in a replanned state. If this is denied, then it will be necessary to bring the dwelling to the design state. In the latter case, it is possible to demand compensation for losses from the previous owner of this dwelling, who made redevelopment without its approval.

Alexey Usatih

Payment of tax on renting an apartment .. Shanghai neighbors! Where to go to disperse this disgrace? How to inform the tax office that the apartment is not taxed?

• Lawyer's response:

  We have the same. There will definitely be no sense from the tax office - it’s just to do bad things to the neighbor - but why not for the torment? ... I understand that our chances are rather weak, but we wrote letters to the Federal Migration Service, the Department of Internal Affairs, the Housing Inspectorate - we haven’t sent it yet - I’m attaching it to the Federal Migration Service Moscow, from ZhSK Moscow, Chairman of ZhSK address Phone: Application. In our house, two apartments (No. 25 and No. 50) are rented to foreign citizens. From 8 to 15 people have been living in each apartment for several years without registration, which is a violation of the law of our country in accordance with 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 (Government of the Russian Federation of 01.21. the equipment is in a terrible state, there are constant short circuits in the electrical network of the whole 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 check the fact of compliance with migration laws Russian Federation, to bring to administrative responsibility violators of the law - owners of apartments and lodgers and take measures to evict foreigners who violate the law of our country. residential premises and public premises, buildings, structures and 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) re-planning of residential buildings and (or) residential premises, or their use for other purposes - Article 18.11. Violation of immigration rules of the Russian Federation Government Decree dated 21. 01 2006 N 25 "ON APPROVAL OF THE RULES FOR THE USE OF RESIDENTIAL PREMISES" 10. As a user of residential premises, the tenant is obliged: b) to use the residential premises, taking into account the observance of the rights and legitimate interests of citizens living in the residential premises, neighbors; 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, stairwells, in other common areas, ensure the safety of sanitary and other equipment, as well as comply with the requirements of paragraph 6 of these Rules; e) immediately take possible measures to eliminate the detected malfunctions of the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or to the appropriate management organization; e) to carry out current repairs of residential premises; i) to allow, at a pre-agreed time, 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 perform the necessary repair work ; 26. Violation of these Rules entails liability in accordance with the law.

Claudia Alexandrova

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

• Lawyer's response:

  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 - entails 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 their transfer to non-residential buildings, as well as the re-equipment of residential buildings and (or) residential premises without the consent of the tenant (owner), if the re-equipment significantly changes the conditions for the use of a 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 the load-bearing wall in the apartment is not legally demolished, what will happen for it?

• Lawyer's response:

  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 reorganization and (or) re-planning 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 - shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles.

Yakov Rogozhnikov

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

• Lawyer's response:

  Each subject has its own Law on Administrative Offenses. I'll give you an example. LAW OF THE KRASNOYARSK REGION ON ADMINISTRATIVE OFFENSES Article 8.5. Smoking in undesignated places 1. Tobacco smoking at workplaces, in urban and suburban transport, in entrances, elevators and stairwells of residential buildings, in premises occupied by sports, educational organizations, cultural and health organizations, state authorities and local governments, with the exception of specially designated smoking areas - entails a warning or the imposition of an administrative fine in the amount of from one to two times the minimum wage. 2. Tobacco smoking 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 address the problem to the district police officer of your district. In addition, you can apply to the prosecutor's office with a statement about the violation of the rights of residents who constantly smoke in public places. The facts indicated in your application must be confirmed and established that indeed, in the common areas of a 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 Decree of the Government of the Russian Federation 25 of 01/21/2006) , according to which the use of residential premises should be carried out taking into account the observance of the rights and legitimate interests of citizens and neighbors living in residential premises, fire safety requirements, sanitary and hygienic and other requirements of the law. In addition, smoking is a violation of paragraph 9.1 of SanPiN 2.1.2.1002-00 "Sanitary and epidemiological requirements for residential buildings and premises."

Claudia Krylova

Is there any law prohibiting smoking in the entrance of a residential building? Neighbors tortured me. They smoke near my door.

• Lawyer's response:

  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 to contact Rospotrebnadzor in Moscow - 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 say that the use of residential premises should be carried out taking into account the observance of the rights and legitimate interests of citizens and neighbors living in residential premises, fire safety, sanitary and hygienic and other requirements. 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 violating the 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 Offenses. . You can also contact the local police officer to have a conversation.

Alena Pugacheva

where to turn if my neighbor in the communal area has made a warehouse in his room

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

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, wrongfulness (since 41 articles of the Constitution, many articles of the LCD, etc. are violated), except for one - punishability - to bring to ...

Ksenia Kozlova

We really need help .... In a two-story house on the first and second floors, they regularly smoke on the stairs. site. It’s not May, you can’t open windows for ventilation. It draws you into apartments where they live, including small children, far from being in good health. Oral conversations with smokers in the entrance are more like Sisyphean labor. Maybe there is an article for this or something else that can reasonably be influenced? Or maybe you can tell me ways of influencing from your successful experience, not excluding the physical ....

• Lawyer's response:

  If you are not too lazy, you can try through the court. Inter-apartment staircases and stairs of an apartment building are part of 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 08.13.2006 N 491). The owner of a dwelling (a landlord under a social tenancy agreement can be included in this category) is obliged to observe the rights and legitimate interests of neighbors, as well as the rules for maintaining the common property of owners of premises in an apartment building (part 4 of article 30 of the LC RF). Members of the family of the owner of the residential premises who are legally capable and limited in their legal capacity shall be jointly and severally liable with the owner for the obligations arising from the use of this residential premises, unless otherwise established by an agreement between the owner and members of his family (part 3 of article 31 of the LC RF). With regard to social hiring, a direct ban is established on the inclusion in the subject of the contract of common property in an apartment building (part 2 of article 62 of the LC RF). Considering the foregoing, smoking by one of the owners, tenants and members of their families in the entrance is the use of common property for personal purposes contrary to its purpose. Violation of the rights and legitimate interests of neighbors lies in the fact that such use poisons the air both on stairs and platforms, and in residential premises. In accordance with paragraph 1 of Art. 247 of the Civil Code of the Russian Federation, possession 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 the smoker is one of the owners, including the landlord, or at least a member of his family, then the injured co-owner, having applied to the court, can substantiate and obtain a decision that directly indicates the permissible and impermissible forms of use of common property. A court decision that has entered into legal force may be enforced. An additional civil legal measure to protect homeowners and tenants from all of the named categories of violators is a negatory 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 of the Code of Administrative Offenses of the Russian Federation "Violation of the rules for the use of residential premises". So, in accordance with part 1 of this article, the use of residential buildings for other purposes 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 violation of the rules for the maintenance of residential buildings, including the Rules mentioned above. You have a choice: seal doorways and seal keyholes, wage psychological warfare, or test the proposed legal options.

Valentin Baranov

We have a drywall partition in our room. BTI say that it is redevelopment. and sent to the interdepartmental commission. so that they come and say that it is temporary. The question is! is it possible to contact this commission?

• Lawyer's response:

  The partition wall 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 reorganization and (or) re-planning of residential buildings and (or) residential premises, or their use for other purposes - (as amended by the Federal Law of 28.12 .2009 N 380-FZ) shall entail 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 22.06.2007) 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 roubles. (as amended by Federal Law No. 116-FZ of June 22, 2007)

Valentin Garin

How to expel my sister's drug addict friends from the house. My sister lives with my mother, she is a drug addict. Friends constantly go to her, who then again, and stay overnight. Mom and I tried to kick them out, but they scream that until their sister drives them away, they will not leave! We even called the police, but they say they can't do anything. The sister is registered and has the right to drive whoever she wants! Please help me, how can I do this?

• Lawyer's response:

  Press on the police, complain to the district police officer, call a squad on a regular basis, write statements complaining about violations of public order that guests commit. If the police do nothing, write complaints addressed to the head of the police department - despite repeated appeals, your subordinates are inactive, etc. You can also complain to the district administration and the housing inspectorate about your sister's violations of the rules for using the living quarters - dirt, noise, etc. Firstly the police will get annoyed and they will at least talk to them, they will get the attention of the police and maybe they will behave more modestly and gather somewhere else. Secondly, when a lot of such materials accumulate, you can sue your sister for eviction due to constant violations of the rules for using the living quarters.

Natalia Smirnova

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

• Your problem is practically unsolvable. Such people poison the lives of others for years and practically nothing can be done with them. Hence the police advice to break his arm. Compulsory hospitalization is almost impossible to achieve...

Alexey Vekshegonov

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

• Lawyer's response:

  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 reorganization and (or) re-planning 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 - shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred roubles. They have the right to fine repeatedly, until you bring everything back to its previous form or agree, for failure to comply with the order to eliminate the consequences of unauthorized redevelopment, which will be issued - a double fine

Olesya Kuzmina

What threatens for smoking in the entrance of a residential building ???. The neighbor seemed to have lost her mind, she will soon go out with a gun

• Lawyer's response:

  in general, now it’s a fine, but everyone puts 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 say that the use of residential premises should be carried out taking into account the observance of the rights and legitimate interests of citizens and neighbors living in residential premises, fire safety, sanitary and hygienic and other requirements. In addition, smoking on the landing is a violation of sanitary and epidemiological requirements for residential buildings and premises. According to the results of the prosecutor's check for smoking in the entrance, administrative proceedings were initiated for violating the 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 Offenses.

Irina Zhukova

How to evict neighbors from a room if it is not privatized from them, where to go? A two-room communal apartment, they just moved, the neighbors are pigs to the limit .. a woman of 40 years has been living here for 40 years and she already has her own laws ... the kitchen is covered in mold, the toilet is covered in shit and she thinks this is quite normal, supposedly better and I haven’t seen it, it’s hoarding all the junk from the trash can, etc. etc....does not want to do anything for 20 years, waiting for resettlement..in short, how to force and where to turn?!

• Lawyer's response:

  File a complaint with the municipality about the violation of the rules for the use of residential premises. In accordance with the housing code - this is the basis for termination of the contract of employment and eviction. True, the administration will never agree to this. But then you still have a move - an appeal to the Prosecutor's Office. In general, writing a lot, long, tedious, up to the President. And one more thing: you cannot buy a room from a neighbor, because the room belongs to the municipality. You will have to buy from them. If you have money to give right away, you can try to negotiate with the municipality. In principle, 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 contract for social rental of residential premises utilities for more than six months; 2) destruction or damage to the dwelling 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 area; 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 for the obligation of the municipality to terminate the contract of employment with a neighbor due to paragraph 4 of Art. 83 LCD RF. Since the common property, and all owners must bear the cost of maintaining it, etc. In my memory, there were no such claims. A lawyer who undertakes can set a precedent. A very interesting thing. Good luck! (Before you go 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 Protasiev

Does the person break the law? I have some kind of crazy upstairs neighbor....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 hardly falls asleep to such an accompaniment, I'm afraid to go to him, since she most likely drinks and may not be adequate ...

• Lawyer's response:

  If it exceeds the sannorms, then it violates during the day - call the ESS and freeze - then go to court - demand compensation and forced eviction due to constant violations of the rules for using residential premises. Also write a statement to the district police officer demanding to stop the administrative violation and bring the neighbor to administrative responsibility under the relevant article of the Code of Administrative Offenses of the subject - region - region - he will at least hold a conversation.

Vitaly Prokudin

What to do if there is constant smoking on the landing

• Federal Law No. 87-FZ dated July 10, 2001 No. On the restriction of tobacco smoking (as amended on December 22, 2008 N 268-FZ). 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 arrange a workshop in an apartment? where to file a complaint or what to do?. constant noise of a drill, electric saw, hammer blows, etc.

• Lawyer's response:

  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 apply to the dignity. epidemic. station with a request for an inspection. Based on the results (if there is a violation), an Act will be drawn up. Collect copies of all documents and send to the court a claim for the eviction of Pope Carlo.

Anatoly Shinkarenkov

How to solve a problem? How to make violently mad people not let 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, constantly make scandals in the house, swear, beat something, break something ... In short, it's scary to walk past their apartment. Neighbors called an ambulance for them. The girl with her mother was taken to the "loophole". Released a few weeks later. Yesterday, less than a month later, the same story repeated itself. Neighbors collected signatures and took them to the district police officer. Tomorrow they will come again for them and take them away for treatment. How much can you endure 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 arrange a flood (already arranged, and more than once)

• Lawyer's response:

  It is practically hopeless - it is very difficult to send for compulsory treatment in a hospital - an appropriate diagnosis and a decision of the commission are needed - 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 in connection with the constant violations of the rules for the use of residential premises - fix all the outrages and file a lawsuit. In our house on the 8th floor, there was exactly such a family - a mother with a schizophrenic daughter and a husband who drank pretty much - imagine he was an avid hunter and moonlighted by making homemade cartridges from old hunting cartridges - collecting old batteries and pulling lead out of them and poured shot-smoke rocker, explosions-fires-neighbors were hung up. And mother and daughter during the day while he was at work throwing bags of tinted liquid at passers-by, and her husband would come home from work to drink and let's hunt for them - he runs around all the floors after them with a dog and yells and yells obscenities. Their dog lived on the balcony and barked and howled all night long. Pipets full shorter. The local doctors were afraid to go into the house, the whole house went around in a circle, going around the house in order to bypass their loggia. Wherever people didn’t write and they filed a lawsuit many times - a bag of material, every day the police went to work like it was - there was no sense - no one thought to force them to be hospitalized, and it was not realistic to evict them by court because they rented an apartment (their own 3 They rented a room and rented a one-room apartment, they lived for that). One fine day, they hit the prosecutor's wife from a neighboring house with a few bags, who was walking with a child with a stroller - well, they thought they were goons - there were 15 police cars near the house all evening, a crowd of cops - but they didn’t open the door - and the millicia scattered and all things.

Vera Baranova

smoking neighbors in the entrance is a reason for the application????

• Lawyer's response:

  You have the right to contact the precinct in your area to solve the problem. In addition, you can apply to the prosecutor's office with a statement about the violation of the rights of residents who constantly smoke in public places. The facts indicated in your application must be confirmed and established that indeed residents constantly and systematically smoke in public places, which 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 25 of 01/21/2006), according to to which the use of residential premises should be carried out taking into account the observance of the rights and legitimate interests of citizens and neighbors living in residential premises, fire safety requirements, sanitary and hygienic and other requirements of the law. In addition, smoking is a violation of paragraph 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 as a children's club is opened. How legally correct that there would be fewer problems

  • Lawyer's response:

    Home kindergarten is illegal. It is impossible to obtain a license for educational activities for a kindergarten organized in an apartment. In addition, the conduct of commercial activities in a residential setting 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 Educational Activities, developing activities (classes in circles, sections, studios), educational activities, leisure activities, etc., are not subject to licensing, that is, any activity that is not accompanied by final certification and the 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 childcare center a development center. At the same time, in the case of verification, of course, difficulties may arise with the controller, but as practice shows, the problem can be solved and agreed upon. The main problem of such a business is a high measure of responsibility. The kindergarten bears all responsibility for the life and health of children, so the security system must be thought out to the smallest detail. It is necessary to equip the apartment with a fire alarm, establish a system for recording and storing medical records, train staff in first aid, etc.

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

• Pavel Ulyanov

  Does it have a 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 arranges unsanitary conditions? Or for other reasons, how can such a person be discharged? Tell me please.

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

Viktor Silaev

Question for lawyers. If a person does not take care of his property (part of a private house), keeps it and the adjacent territory in unsanitary conditions (rats, dirt, homeless people and drug addicts climb in to warm up, nothing has ever been removed (garbage, snow, foliage, fallen trees after hurricanes), something that 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. Stepping on a nail, it’s good that it’s not an eye; the very same place is used as a warehouse-shed for all sorts of rubbish, it is brought in by huge machines and stored in this room, brigades of foreigners periodically live there. WHAT CAN BE DONE IN THIS CASE?

• Lawyer's response:

  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 reorganization and (or) re-planning of residential buildings and (or) residential premises, or their use for other purposes - (as amended by the Federal Law of 28.12 .2009 N 380-FZ) shall entail 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 the hallways. It is written in many places that smoking is prohibited in the entrances and a fine is imposed, I wandered around the Internet and everywhere, on the question of smoking in the entrances, a quote is given of the law that is prohibited and a fine is imposed. I do not understand only one thing: how is a fine imposed on a person who smokes in the entrance, if there is neither a policeman nor witnesses? Even if you yourself grab the smoker's hand and immediately call the police, then upon arrival there is no evidence that this particular person was smoking, in addition, the smoker can simply leave, you won’t fight him. Is this law completely lobbied by tobacco lobbyists, or am I not able to use it? When will this scum in power stop poisoning its people?!

• Lawyer's response:

  The smoking law hasn't changed much. At the expense of evidence, you shoot on camera - here's the evidence for you - only a fine is not provided. Almost the only special article of the Code of Administrative Offenses is administrative responsibility for smoking in carriages (including vestibules) of a suburban train, which is, in accordance with Part 3 of Art. 11.17 of the Code of Administrative Offenses as a separate element of an administrative offense, for which administrative responsibility follows 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 Offenses, it is possible to attract an employer for smoking his employees in the workplace. Smoking in the entrance is a violation of paragraph 6 of the Rules for the use of residential premises (approved by the RF Government Decree No. 25 of January 21, 2006). The Rules say that the use of residential premises should be carried out taking into account the observance of the rights and legitimate interests of citizens and neighbors living in residential premises, fire safety, sanitary and hygienic and other requirements. 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 violating the sanitary and epidemiological requirements for the operation of residential buildings and public premises under Art. 6.4 of the Code of Administrative Offenses. You can contact the district police officer, he will conduct a conversation. What and when the authorities will start and stop doing nothing I can’t say.

Anton Krasnoramensky

from the neighboring apartment terribly stinks of cat meat. what to do about it and where to complain?. she has about 20 cats in the apartment lives

• Lawyer's response:

  You can file a lawsuit in court for violating 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 their intended purpose and within the limits established by the Housing Code of the Russian Federation; b) to exercise the use of residential premises, taking into account the observance of the rights and legitimate interests of citizens living in residential premises, neighbors; Your neighbors do not respect the interests of the owners of other apartments in the house. This is the basis for filing a claim. To get started, apply to Rospotrebnadzor in Moscow and the district police officer.

Alexey Nehoroshin

what was the name of article 142 of the Code of Administrative Offenses

Full text of Art. 7.21 of the 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 reorganization and (or) re-planning of residential buildings and (or) residential premises, or their use for other purposes (paragraph as amended by the Federal Law of December 28, 2009 N 380-FZ -
shall entail 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 -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles.

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

1. The object of encroachment in the commission of these offenses are public 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 that entail liability under this article affect the housing rights of citizens, damage the housing sector, and create inconvenience to persons living together.

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

Thus, the Housing Code of the Russian Federation provides that the owner of a dwelling shall exercise the rights of possession, use and disposal of the dwelling owned by him on the basis 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 observe 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. Family members of the owner are also obliged to use the residential premises for their intended purpose, to ensure its safety (parts 1 and 4 of article 30, part 2 of article 31).

The tenant of a dwelling 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, to ensure the safety and maintain the proper condition of the dwelling. Members of the employer's family have equal rights and obligations with the employer and are jointly and severally liable for the obligations arising from the social contract of employment (part 3 of article 67, part 2 of article 69).

The Housing Code of the Russian Federation provides for the possibility of evicting a tenant and members of his family without providing housing, as well as measures to terminate and terminate a contract for social rental of housing. This is also allowed in cases where the tenant and members of his family living together with him use the dwelling for other purposes, systematically violate the rights and legitimate interests of neighbors or mismanage the dwelling, allowing it to be destroyed. The landlord is obliged to warn violators of the need to eliminate violations. If these violations entail the destruction of the dwelling, the landlord is also entitled to set a reasonable time for the elimination of these violations. If the violations are not eliminated, the guilty citizens, at the request of the landlord or other interested persons, are evicted in court without providing another dwelling (part 4 of article 79, part 4 of article 83, part 1 of article 91).

Based on the provisions 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 on the right of ownership 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 tenant of housing under a social tenancy agreement, including not to allow work or other actions in the residential premises that lead to its damage; maintain the proper condition of the living quarters, as well as common areas, maintain cleanliness and order in the living quarters, entrances, elevator cabins, stairwells, 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 to the relevant management organization; carry out maintenance work on the premises. The rules prohibit the reorganization or redevelopment of residential premises in violation of the established procedure.

The named Rules also define the obligations of homeowners in an apartment building. Thus, the owner is obliged to ensure the safety of the dwelling, 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 dwelling, including a fee for the current and major repairs of the common property. , pay utility bills, comply with 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 for the maintenance of common property owned by the owner of the premises. 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 an apartment building. Proper maintenance of the common property is ensured by the owners of the premises, the partnership of homeowners, housing, housing construction cooperatives or other specialized consumer cooperatives.

Managing organizations and persons providing services and performing work under 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 their competence, providing conditions for citizens to exercise their right to housing, exercise control over the use and preservation of the housing stock, compliance of residential premises with established sanitary and technical rules and norms, and other requirements of the legislation.

2. Damage to residential premises can also occur as a result of a violation of fire safety rules, in connection with which such an offense may, depending on specific circumstances, also qualify under Art. 20.4 of the commented Code.

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

Dwelling houses and residential premises are intended for permanent residence of citizens, as well as for use in the established manner as official residential premises and hostels. Provision of premises in residential buildings for the needs of an industrial nature is prohibited. The transfer of premises from residential to non-residential is carried out in the manner prescribed by housing legislation.

3. Reorganization 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 conversion of a dwelling is the installation, replacement or transfer of engineering networks, sanitary, electrical or other equipment that requires changes to the technical passport of the dwelling. Redevelopment entails a change in its configuration, which also requires changes to the technical passport (Article 25).

The reorganization or redevelopment of a dwelling is carried out in compliance with the requirements of the law in agreement with the local government on the basis of a decision taken by it. The owner of this premises or a person authorized by him submits to the body that carries out the coordination 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; properly executed project of reconstruction or redevelopment; technical certificate; written consent of all members of the employer's family; the conclusion of the body for the protection of monuments of architecture, history and culture, if the dwelling or house in which it is located is a monument of architecture, history or culture.

The decision to agree or refuse to agree must be made by the body that carries out the approval no later than forty-five days from the date of submission of the relevant documents to this body. On the adoption of 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 reorganization or redevelopment of the living quarters (Article 26).

The Housing Code of the Russian Federation provides for the consequences of unauthorized reorganization or redevelopment of a dwelling, up to a decision to bring the dwelling to its previous state or to sell the dwelling in the prescribed manner at a public auction (in relation to the owner), and in relation to the tenant - to terminate the contract of social tenancy ( article 29).

4. Actions for unauthorized re-equipment and redevelopment of residential and non-residential premises can be qualified by law enforcement agencies 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 harm 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, may worsen the conditions for the normal living of many other citizens, the legislator provided for increased liability for such offenses (in the form a fine of two thousand to two thousand five hundred rubles) in comparison with liability for violation of the rules for the re-equipment of residential buildings, qualified under part 1 of this article.

5. Offenses qualified in accordance with the commented article may be intentional or reckless.

The subjects of these violations are citizens.

6. Cases of administrative offenses are considered by the heads of the executive authorities of the constituent entities of the Russian Federation, exercising state control over the use and preservation 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 of lawyers on Article 7.21 of the Code of Administrative Offenses of the Russian Federation

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1. Damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized reorganization and (or) re-planning of residential buildings and (or) residential premises, or their use for other purposes (paragraph as amended by the Federal Law of December 28, 2009 N 380-FZ -
shall entail 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 -
shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles.

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

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

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

According to Art. 15 of the Housing Code of the Russian Federation, an isolated premise is recognized as residential premises, which is real estate and is suitable for permanent residence of citizens, meets the established sanitary and technical rules and regulations, and other requirements of the law. A residential building is an individually defined building, which consists of rooms, as well as auxiliary premises designed to meet citizens' domestic and other needs associated with their living in such a building.

The dwelling is intended for habitation of citizens.

It is allowed to use a dwelling for the implementation of professional activities or individual entrepreneurial activities by citizens legally residing in it, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the dwelling must meet.

Placement in residential premises of industrial production is not allowed.

The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens and neighbors living in residential premises, fire safety requirements, sanitary and 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 Gosstroy of the Russian Federation of 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. Order of the Ministry of Emergency Situations of the Russian Federation of June 18, 2003 N 313.

The following persons have the right to use the premises:

the tenant and citizens permanently residing with the tenant - under a contract for renting a dwelling of state and municipal housing funds for commercial use;

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

the owner of the dwelling and members of his family;

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

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

2. The objective side consists in committing the following unlawful actions (inaction): damage to residential buildings, residential premises, damage to their equipment, unauthorized re-equipment 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 their competence, providing conditions for citizens to exercise their right to housing, exercise control over the use and preservation of the housing stock, compliance of residential premises with established sanitary and technical rules and norms, and other requirements of the legislation.

In an apartment building, the tenant and members of his family have the right to use the common property in this building. The tenant and members of his family are obliged to ensure the safety of the residential premises, to prevent the performance of work in the residential premises or the commission of other actions that lead to its damage.

3. Reorganization 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 conversion of a dwelling is the installation, replacement or transfer of engineering networks, sanitary, electrical or other equipment, requiring changes to the technical passport of the dwelling; redevelopment entails a change in its configuration, which also requires changes to the technical passport (on the conditions and procedure for the re-equipment (re-arrangement, redevelopment) of residential premises, see Rules and norms for the technical operation of the housing stock, approved by Decree of the Gosstroy of the Russian Federation of September 27, 2003 N 170).

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

a) by the applicant without receiving a document confirming the adoption (by the approval authority) of the decision to approve the reorganization (re-planning). The form and content of such a document are established by the Government of the Russian Federation (Decree of the Government of the Russian Federation of April 28, 2005 N 266 "On approval of the application form for the reorganization and (or) redevelopment of residential premises and the form of the document confirming the decision to agree on the reconstruction and (or) redevelopment of residential premises"). Even if the decision on the agreement was 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 an unauthorized construction and (or) redevelopment of the residential premises;

b) in violation of the procedure for reorganization and (or) redevelopment of residential premises. Recall that this project must be submitted by the applicant to the approval authority (in accordance with the rules of clause 3, part 2, article 26 of the LC). After the decision on approval is made, the applicant is not entitled to deviate from the agreed project, otherwise there is an unauthorized reorganization or redevelopment of the living quarters.

The owner of a dwelling that has been arbitrarily rearranged and (or) replanned, or the tenant of such a dwelling under a social tenancy agreement, is obliged to bring such a dwelling to its previous state within a reasonable time and in the manner established by the body that carries out the coordination.

On the basis of a court decision, a dwelling may be kept in a rebuilt and (or) replanned state, if this does not violate the rights and legitimate interests of citizens or this does not pose a threat to their life or health.

If the relevant residential premises are not restored to their previous state within the specified time limits in the manner established by the body that carries out the coordination, the court, at the claim of this body, provided that the decision provided for in Part 4 of Art. 29 of the LCD of the Russian Federation, decides:

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

2) in relation to the tenant of such residential premises under a social tenancy agreement - on termination of this agreement with the assignment to the owner of such residential premises, who was the landlord under the specified agreement, of the obligation to bring such residential premises to their previous state.

The body that carries out the coordination for the new owner of the residential premises, which was not brought to its previous state in the established part 3 of Art. 29 of the RF Housing Code, or for the owner of such a dwelling, who was the landlord, 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 period for bringing such a dwelling to its previous state. If such a dwelling is not restored to its previous state within the specified period and in the manner previously established by the approval authority, such a dwelling is subject to sale at public auction in accordance with Part 5 of Art. 29 LCD RF order. At the same time, 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 reorganization.

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

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 defined by Art. 142 of the LCD, according to which citizens are obliged to take care of sanitary and other equipment, to landscaping objects, to comply with the rules for maintaining a residential building and the local area, fire safety rules, maintain cleanliness and order in the entrances, stairwells and other public places .

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

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

In accordance with paragraph 9 of the Rules, the reorganization and re-planning of residential and utility rooms, the re-equipment 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 an additional sanitary and other equipment - with the consent of the adult family members of the tenant and with the permission of the landlord.

The tenant, who allowed the unauthorized reorganization and redevelopment of residential and utility premises, the re-equipment of balconies and loggias, the rearrangement or installation of additional sanitary and other equipment, is obliged to restore this premises to its previous state at its own expense.

According to paragraph 25 of these Rules, if the tenant, members of his family or other persons cohabiting with him systematically destroy or spoil the premises, 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 proved to be 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, stairwells, elevators, entrances, adjacent territories, violation of the rules for the operation of residential buildings, residential premises and engineering equipment, their mismanagement, 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 subjects of the Federation.

According to Art. 1 of the Law of the City of Moscow dated September 29, 1999 N 37 "On the procedure for the reconstruction of premises in residential buildings on the territory of the city of Moscow" a room in a residential building is understood as a three-dimensional formation in a residential building, limited by partitions, capital 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 general use.

Reconstruction of premises means carrying out activities (works) in one or more (interrelated) premises of a residential building related to a change in 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, the device (sealing) of openings in walls, ceilings and partitions.

Reconstruction of premises in residential buildings upon application of applicants is authorized by executive authorities, as well as district governments in accordance with their competence. Permits are issued by written orders of officials heading executive authorities, as well as district councils, based on the conclusion of an interdepartmental commission of 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 paragraph 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 reorganization of premises in residential buildings, as well as the procedure for the reorganization of these premises are determined in accordance with Art. 5, 9 and 10 of the Moscow Law under consideration.

General requirements for obtaining permits for the conversion and redevelopment of residential and non-residential premises in residential buildings in Moscow, regardless of whether they are in state or municipal ownership, the property of public associations, individuals, as well as in the economic management or operational management of enterprises or other organizations, are defined by order of the mayor of Moscow of July 31, 1996 N 166/1-RM.

4. According to Art. 13 of the Law of Moscow "On the procedure for the reconstruction of premises in residential buildings on the territory of the city of Moscow" holding citizens, legal entities and officials liable for violation of 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 carrying out the reconstruction of the premises of a residential building is the basis for the cancellation, on the proposal of the Moscow Housing Inspectorate, of subsidies and compensations (subsidies) for payment of housing and communal services assigned from the city budget. The specified measures of influence on violators are introduced for the period until the elimination of these violations and the consequences caused by them, but not less than one month.

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

District councils 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 GK;

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

The Moszhilinspektsiya informs the bodies of state registration of rights to real estate and transactions with it about the established facts of unauthorized reconstruction of premises, inconsistencies between the plan of the property (explication of premises, floor plans) and 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 property of citizens and legal entities during the reconstruction of the premises, carried out in accordance with the permit documentation, the authority that issued the permit bears responsibility.

In the event of the insignificance of the violation revealed during the inspection or inventory, its prescription, the established non-involvement of the owner of the premises in its unauthorized reorganization or the impossibility of identifying the person who committed this violation, the executive authorities, as well as district governments, may, upon the proposal of the Moscow Housing Inspectorate on the normative 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 under consideration 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 will be 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 the jurisdiction of 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).