Carrying out unscheduled inspections of managing organizations by the administration. Scheduled and unscheduled inspections. Features of the frequency of inspections in educational organizations. Balance of interests of citizens and management companies

There is an erroneous opinion that the owners of the premises have the right to control how and on what managing organization spends the funds received by her from the owners of the premises as a fee under the contract for the management of an apartment building. This is not true.

The Housing Code established that under a multi-apartment building management agreement, one party (management organization), on the instructions of the other party (the owners of premises in an apartment building), for a fee, undertakes to provide services and perform work on the proper maintenance and repair of common property in such a house and provide utility services to owners premises in such a house and persons using the premises in this house.

From this norm of the law it follows that the relations of the parties to the management agreement are built in the same way as any relations in the market of goods, works and services. The owners of the premises in the house order the managing organization to fulfill a certain list of works and services agreed by the parties and undertake to pay the fee established in the contract for them. The managing organization undertakes to fulfill the ordered list of works and services and provide utilities. Accordingly, the owners of premises in an apartment building and the council of MKD, as an elected body of owners of premises, have the right and must control:

1. whether all works are performed, whether all services specified in the list of works and services of the apartment building management agreement are provided;
2. whether the frequency and timing of the performance of work, the provision of services are observed;
3. whether the work is being carried out in full (if the volume indicators are set in the contract);
4. whether the quality of work and services corresponds to the indicators established by the contract.

With regard to the quality of work and services, it must be borne in mind that the quality parameters utilities established by the Rules for the provision, suspension and restriction of the provision of public services to owners and users of premises in apartment buildings and residential buildings. Therefore, it is quite easy to control the quality of public services. The parameters of the quality of work and services for the management, maintenance and repair of common property are not established by law. Therefore, when exercising control, one can only be guided by the quality parameters that are specified in the management contract for each of the ordered services and works. Taking into account the requirements of the Information Disclosure Standard for organizations operating in the field of management apartment buildings, which were mentioned earlier, then the indicator of the quality of the service or the work of the managing organization can be considered the achievement of the result of the performance of this work (rendering the service). Therefore, it is very important to seek from the managing organization that for each work or service ordered by the owners of the premises, it indicates what result should be achieved if this work or service is properly performed. And be sure to include a description of the achieved result of each work and service included in the list of works and services under the contract in the text of the contract.

The council of the house can and should control the performance of services and works specified in the list of the apartment building management agreement, their quality, frequency, and timing. Control over the spending by the managing organization of funds received as a fee under a management agreement is not provided for by the current legislation.

Part 2 Art. 162 of the Housing Code

How can you monitor the performance of services and works and how often to do it

If the board of the house discovers the fact (facts) of non-fulfillment of obligations by the managing organization under the management agreement, it can take the following actions:

1. Issue an act on the violation by the managing organization of its obligations under the management agreement regarding the performance of services and work on the maintenance and repair of common property, in which it is indicated what exactly the violation (violations) consists of, and send a written request to the managing organization to eliminate violations before the specified deadline and ( or) changing the amount of payment for the maintenance of common property. If the fact of providing a utility service (services) of inadequate quality and (or) with interruptions exceeding the established duration to all or part of the consumers in the house is detected, initiate an audit and draw up an act, then check the reduction by the managing organization of the amount of payment for the utility service (service).
2. If the manager of the organization does not respond to the requirements of the MKD council and does not eliminate the identified violations of the fulfillment of contractual obligations, which leads to a deterioration in the condition of the apartment building, living conditions in it, or does not provide information in accordance with the requirements of the Information Disclosure Standard, the house council may apply to body of state housing supervision.
3. The chairman of the council of the house may apply to the local government about the failure of the managing organization to fulfill the terms of the contract for managing an apartment building.
4. If the managing organization systematically violates the terms of the management agreement, the owners of the premises in the building are not satisfied with the results of its work on the management, maintenance and repair of the apartment building and want to refuse its services, the building council takes steps to unilaterally refuse the owners of the premises from the execution of the management agreement

Each of the above options for action by the council at home has its own reasons and different consequences.

The procedure for establishing the fact of non-performance of a service or work on the management, maintenance and repair of common property or a violation of the quality, deadline, frequency and execution of the relevant act must be reflected in the apartment building management contract. In accordance with the Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration, the managing organization is obliged to reduce the amount of payment for maintenance and repair of residential premises to the owners of the premises, and the owners of the premises (MKD Council) have the right to apply for a change in the amount of the fee to the managing organization. At the same time, it is recommended that the council of the house, before submitting a request to change the amount of payment for the maintenance and repair of common property, consider such issues as: can the outstanding services or work be performed at a later time, is the reason for the failure to perform services or work the actions of the managing organization to eliminate the threat life and health of citizens, prevention of damage to property, or non-fulfillment by the owners of the premises of their obligations to pay for the services and work of the managing organization. When making a decision on the requirement to change the amount of maintenance and repair fees, the council of the house is recommended to be guided by the principle: the main task of the owners of the premises is not to reduce the amount of the management organization's fee, but to ensure that all the necessary (ordered and paid) services and works for proper maintenance common property have been met.

With regard to violations related to the provision of public services, since poor-quality or non-provided public services cannot be compensated otherwise than by reducing (recalculating) the amount of the fee, the building council must apply the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings. These rules establish cases and grounds for changing the amount of payment for utility services in case of their inadequate quality and (or) with interruptions exceeding the established duration, and the procedure for establishing the fact of providing utility services of inadequate quality and (or) with interruptions exceeding the established duration.

If the managing organization responds to the appeals (requirements) of the house council, eliminates the violations and recalculates the amount of the fee, and then establishes normal interaction with the MKD council, the owners of the premises and the managing organization continue to fulfill the management agreement. If the managing organization does not respond to the demands of the house council, the council must continue to draw up acts on the violation by the managing organization of obligations under the management agreement and send it regular demands. And also draw up acts on the non-fulfillment by the managing organization of the requirements of the council of an apartment building. All these documents will be needed if the owners of the premises to carry out the next steps of the council to terminate the contractual relationship with this managing organization.

When the council of the house applies to the state housing supervision body (it is recommended that members of the council sign this appeal as citizens - owners of premises in the house), the state housing supervision body must conduct an unscheduled inspection of the activities of the managing organization. If the audit establishes facts of violations by the managing organization of the requirements of housing legislation, legislation on energy saving and energy efficiency, the managing organization will be issued an order to eliminate violations. In addition, the state housing supervision body may impose a fine (fines) on the managing organization and its head and apply other measures of administrative influence.

When the chairman of the council of MKD applies to the local government about the failure of the managing organization to fulfill the terms of the contract for managing an apartment building, the local government within five days must conduct an unscheduled inspection of the activities of the managing organization. If the audit confirms the failure of the managing organization to fulfill its obligations, the local government, no later than 15 days from the date of the appeal of the chairman of the council of the house, must convene a general meeting of the owners of the premises in the house to resolve issues of terminating the contract with the managing organization and choosing a new managing organization or changing the way you manage your home.

The council of the house needs to keep in mind that the adoption by the general meeting convened by the local government based on the results of the inspection of the managing organization, decisions on choosing a new managing organization or changing the way the house is managed requires serious preparation (search for a new managing organization, discussing the terms of a new management agreement with it , preparation of the charter of the HOA, etc.). If such preparation by the council of the house was not carried out before contacting the local government, it is difficult to expect informed decisions to be made at the general meeting, and if the contract with the managing organization is terminated, there is a risk that the house may remain for some period without management. Therefore, it is recommended that, prior to the appeal of the chairman of the council of MKD to the local government, prepare possible options decisions on the management of an apartment building after the termination of the management contract with the managing organization. In addition, if the owners of the premises really have a firm intention to terminate relations with their management organization, because it systematically does not comply with the terms of the management agreement, and choose a new management organization or create a homeowners association, they can exercise their right to unilaterally refuse to perform apartment building management contracts.

What is recommended for the council of MKD to prepare the unilateral refusal of the owners of the premises from the management agreement for the apartment building and the conclusion of the management agreement with the new managing organization? Take the following steps:

Table. Actions of the house council to change the managing organization

	Actions of the MKD Council	Timing
Step 1.	Ensure the legitimacy of the decision to unilaterally withdraw from the management contract: Properly draw up acts repeatedly on serious violations by the managing organization of the terms of the management agreement, as well as documents stating that the managing organization has not eliminated the violations at the request of the MKD Council Make sure that the owners of the premises are not satisfied with the work of the managing organization and want to refuse its services (conduct a survey)	At least 90 days before the expected date of termination of the management contract unilaterally
Step 2	Prepare a proposal for a new management organization and the terms of a new house management agreement Collect information about managing organizations in the city, the list of their services and works, the price of services, consumer reviews Compile a list of the most suitable management organizations and send them a request for an offer of home management services and the terms of a management contract Evaluate the proposals of managing organizations and select the most suitable proposal Negotiate with a potential managing organization on the terms of a management agreement Prepare information for owners of premises on the proposals of managing organizations, the results of negotiations and the conclusion of a draft management agreement	At least 60 days before the expected date of termination of the management contract unilaterally
Step 3	Organize and hold a general meeting of owners of premises to make decisions on: on unilateral refusal to fulfill the management contract in connection with the failure of the managing organization to fulfill its obligations under the contract; on the choice of a new managing organization; on approval of the terms of a new management agreement for an apartment building (on approval of a draft management agreement); on instructions to the MKD Council to take the necessary actions to implement the decisions taken	at least 30 (and preferably 45) days before the expected date of termination of the management contract unilaterally
Step 4	Interaction with the old and new managing organization in the process of terminating the management agreement and concluding a new management agreement: notice to the managing organization of the decision general meeting about the unilateral refusal of the owners of the premises to execute the management agreement, from what date such refusal comes into force, to which person the technical documentation and other documents related to the management of the house should be transferred; notification of a new managing organization about its selection by the general meeting of the owners of the premises for the management of an apartment building, on the approval of the terms of the management agreement and the date from which the management agreement is to enter into force; presence during the transfer of technical documentation for an apartment building and other documents related to the management of an apartment building, the former managing organization of the newly selected managing organization; assistance to the new management organization in concluding a management agreement with the owners of the premises (which enters into force on the day after the termination of the previous agreement on the management of an apartment building); assistance to the new managing organization in concluding resource supply contracts	At least 30 days before the date of termination of the management contract unilaterally 30 days before termination of the management contract

The terms indicated in the table above are proposed on the basis of an experimental assessment of the time spent on the implementation of the necessary actions, as well as the requirements of the law that the managing organization, thirty days before the termination of the contract for the management of an apartment building, is obliged to transfer the technical documentation to the apartment building and other related with the management of such a house, documents of a newly selected managing organization, a homeowners association or a housing cooperative or other specialized consumer cooperative, or in the case of direct management of such a house by the owners of premises in such a house, to one of these owners, indicated in the decision of the general meeting of these owners on the choice of a method for managing such house, or, if no such owner is named, to any owner of premises in such house.

When changing the managing organization, in order to eliminate the risk of interruption in the maintenance of common property and the provision of public services, the council of the apartment building must prepare in advance a proposal for a new managing organization and the terms of a new management agreement for the apartment building.

Approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491
see sections IX and X of the Rules for the provision of public services
see part 4.2 of Art. 20 of the Housing Code
see Art. 6.4, art.7.22, art. 7.23 and Art. 7.23.1 of the Code Russian Federation on administrative offenses
see Part 1.1 of Art. 165 of the Housing Code
see part 8.2 of Art. 162 of the Housing Code
see Part 10 of Art. 162 of the Housing Code

Actions of the house council in case of non-fulfillment by the managing organization of its obligations under the contract

The managing organization manages the house in accordance with the management agreement that the owners of the premises in the apartment building have concluded with it. The MKD council does not have any separate contractual relationship with the managing organization. Therefore, the council of the house, exercising control over the performance of work by the managing organization and the provision of services, acts as a representative of the owners of the premises within the framework of the apartment building management agreement. The procedure for exercising control over the fulfillment by the managing organization of its obligations under the management agreement must be specified in the management agreement for an apartment building. If the procedure established by the previously concluded agreement does not allow the building council to exercise effective control, it is necessary to make a proposal to the general meeting of the owners of the premises to make the necessary changes to the management agreement regarding the procedure for exercising control by the MKD council and coordinate these changes with the managing organization.

Ways to exercise control by the council at home can be:

1. the presence of members of the Council of MKD in the performance of certain works or services;
2. familiarization with the content of the technical documentation for an apartment building, which is maintained by the managing organization and which reflects the facts of the performance of works and services, their quality (magazines Maintenance and sanitary maintenance of common property; acts of acceptance of works of contractors, etc.);
3. documentary checks, including, for example, checks:

Conducted recalculations for payment of utility services and work on the maintenance and repair of common property (when establishing the facts of non-provision of services (non-performance of work) or violations of their quality);

The terms and conditions of agreements concluded by the managing organization on behalf of the owners of premises in an apartment building on the use of common property in an apartment building (including contracts for installation and operation advertising structures) received by the managing organization of income under such agreements, the expenditure of these incomes in accordance with the decision of the general meeting;

4. holding regular (once a month, quarter, etc.) meetings with an authorized representative of the managing organization to review the report of the managing organization on the implementation of the work plan for the maintenance and repair of common property, other obligations under the contract.

The exercise of control should not create unreasonable difficulties either for the members of the council of the house or for the managing organization. For example, the mandatory acceptance and signing by the chairman of the council of the house of an act on the implementation of each of the constantly performed work on the sanitary maintenance of the entrance looks redundant or land plot, monthly inspection of utilities in the basement. It is quite enough if an employee of the managing organization, having completed the work, puts in the mailbox of the chairman of the council of the MKD a copy of the work order (or other document adopted by the managing organization) signed by the contractor, which indicates the date the work was completed, what time it started and finished, which specifically done. The results of the work are usually easy to see. If the chairman of the council of the house, the members of the council have comments or they have received some negative feedback from the owners of the premises, they can be entered in the document left by the employee of the managing organization. Minor remarks can then be summarized in the monthly act of acceptance of work under the management contract. The monthly act can also indicate violations of the frequency of regular work and services (this applies mainly to the sanitary maintenance of common property).

In case of major violations, detection of defects after the completion of repair work, interruptions in the provision of public services, it is necessary to draw up acts as soon as possible on violation of quality standards, frequency or timing of the provision of services and (or) performance of work on the maintenance and repair of common property in an apartment building, acts on the non-provision of public services or the provision of public services of inadequate quality. According to the Housing Code, such acts are signed by the chairman of the council of the house, but it is advisable not to limit yourself to one signature, so that one of the members of the council also signs the act.

Consideration of reports of the managing organization on the fulfillment of obligations under the management agreement - effective method control. The contract must specify how often the managing organization submits a report - only once a year or also intermediate reports - semi-annual, quarterly or monthly reports.

The volume of information provided by the managing organization in the annual report on the execution of the management agreement is established by the Information Disclosure Standard. Information on the fulfillment of obligations under management agreements in respect of each apartment building must contain:

• a work plan for a period of at least 1 year for the maintenance and repair of the common property of an apartment building, measures to reduce the cost of work (services) performed (rendered) by the managing organization, indicating the frequency and timing of such work (services), as well as information about their implementation (rendering) and the reasons for the deviation from the plan;
• information on the number of cases of reduction in fees for violations of the quality of maintenance and repair of common property in an apartment building for the last calendar year;
• information on the number of cases of reduction in fees for violations of the quality of public services and (or) for exceeding the established duration of interruptions in their provision for the last calendar year;
• information about the facts of revealing the inadequate quality of services and works and (or) exceeding the established duration of interruptions in the provision of services or the performance of works not in accordance with the rules established by the Government of the Russian Federation for the maintenance of common property in an apartment building and the rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings.

In addition to the information established by law, the contract can determine that the annual report of the managing organization also includes, for example, the following information:

• on the number of applications (complaints) of the owners of premises in an apartment building and the measures taken to eliminate the shortcomings indicated in them;
• on debts for payment for housing and utilities, including a list of owners (and tenants) of premises who are late and (or) not fully paying for housing and utilities, on the measures taken to increase the collection of payments and the results of the measures taken;
• on the amount of income received by the managing organization under agreements on the use of common property of owners of premises in an apartment building (including agreements for the installation and operation of advertising structures), the direction of spending these incomes.

The volume of information in the semi-annual, quarterly or monthly report of the managing organization and the deadline for submitting reports must be established in the management agreement.

The contract must also determine the form of reporting by the managing organization. It is preferable that reports be submitted in writing in the number of copies equal to the number of entrances in an apartment building for placement on information stands(bulletin boards) in each entrance, and one additional copy for the board of the house. The council of the house is recommended to place its conclusions on the interim reports of the managing organization on information stands in the entrances of the house no later than 1-3 days after the report of the managing organization is posted there. And the conclusion of the council at home on annual report the managing organization must be submitted to the owners of the premises no later than 10 days before the consideration of the report by the general meeting of the owners of the premises, that is, simultaneously with the announcement of the convening of the annual general meeting of the owners of the premises in the house.

Methods, frequency of control over the execution by the managing organization of the terms of the management agreement by the council of an apartment building must be established by the management agreement.

See part 3 of Art. 162 of the Housing Code
see clause 11 "b" of the Information Disclosure Standard by organizations operating in the field of management of apartment buildings
According to Federal Law No. 123-FZ of June 4, 2011 “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” (Article 5), the consent of the subject of personal data is not required when the processing of personal data is necessary for the administrator to organizations that, in accordance with the Housing Code of the Russian Federation, manage apartment buildings, to make settlements with owners of premises in an apartment building, tenants of residential premises of the state or municipal housing stock for the maintenance and repair of common property in an apartment building and utilities. The processing of personal data is understood, inter alia, as “the use and dissemination (including transfer) of personal data” (see part 3 of article 3 of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”)

ADMINISTRATION OF VOLGOGRAD

RESOLUTION

ON APPROVAL OF THE PROCEDURE FOR UNSCHEDULED INSPECTIONS OF THE ACTIVITIES OF MANAGEMENT ORGANIZATIONS MANAGING MULTIPLE APARTMENT BUILDINGS IN THE TERRITORY OF THE MUNICIPAL FORMATION VOLGOGRAD HERO CITY

dated 03/15/2013 N 580, dated 05/13/2014 N 529, dated 07/24/2017 N 1185)

In order to create conditions for the management of multi-apartment buildings in the territory municipality city ​​district of the hero city of Volgograd, in order to implement the provisions of part 1.1 of article 165, which vests in local governments the authority to conduct unscheduled inspections of the activities of managing organizations, guided by article 5 of the Charter of the hero city of Volgograd, I decide:

1. Approve the Procedure for conducting unscheduled inspections of the activities of managing organizations that manage apartment buildings on the territory of the municipality of the urban district of the hero city of Volgograd (attached).

2. Determine the administrations of Volgograd districts as authorized structural divisions of Volgograd to conduct unscheduled inspections of the activities of managing organizations on the basis of an appeal from the owners of premises in an apartment building, the chairman of the council of an apartment building, the management bodies of a homeowners association or the management bodies of a housing cooperative or management bodies of another specialized consumer cooperative on non-compliance the managing organization of the obligations provided for by Part 2 of Article 162 of the Housing Code of the Russian Federation.

(Clause 2 as amended by the Decree of the Administration of Volgograd dated May 13, 2014 N 529)

3. The Information Policy Committee of the Volgograd Administration to publish this resolution in in due course.

4. This resolution comes into force from the day of its publication.

5. To impose control over the execution of this resolution on the deputy head of the administration of Volgograd Yu.V. Matasov.

And about. chapters
administration of Volgograd
V.A.SOBACAR

PROCEDURE FOR UNSCHEDULED INSPECTIONS OF THE ACTIVITIES OF MANAGING ORGANIZATIONS MANAGING APARTMENT BUILDINGS IN THE TERRITORY OF THE MUNICIPALITY OF THE CITY DISTRICT OF THE HERO CITY OF VOLGOGRAD

(As amended by resolutions of the Volgograd administration dated March 15, 2013 N 580, dated May 13, 2014 N 529, dated July 24, 2017 N 1185)

1. General Provisions

This Procedure was developed in order to create conditions for the management of apartment buildings on the territory of the municipality of the city district of the hero city of Volgograd, to implement the provisions of part 1.1 of Article 165 of the Housing Code of the Russian Federation, which vests the powers of local governments to conduct unscheduled inspections of the activities of managing organizations (hereinafter - exercise of power).

When exercising the authority to conduct unscheduled inspections of the activities of management organizations on the basis of an appeal from the owners of premises in an apartment building, the chairman of the council of an apartment building, the management bodies of a homeowners association or the management bodies of a housing cooperative or management bodies of another specialized consumer cooperative about the failure of the management organization to fulfill the obligations provided for in Part 2 article 162 of the Housing Code of the Russian Federation, authorized structural subdivision Administration of Volgograd (hereinafter referred to as a structural subdivision of the Administration of Volgograd) is guided by:

Housing Code of the Russian Federation;

Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control";

paragraph is excluded. - Decree of the administration of Volgograd dated July 24, 2017 N 1185;

Decree of the Government of the Russian Federation of August 13, 2006 N 491 "On approval of the Rules for the maintenance of common property in an apartment building and the Rules for changing the amount of payment for the maintenance and repair of residential premises in the event of the provision of services and performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration" ;

Decree of the State Committee of the Russian Federation for Construction and the Housing and Communal Complex dated September 27, 2003 N 170 "On Approval of the Rules and Norms for the Technical Maintenance of the Housing Stock";

municipal legal acts of Volgograd and other regulatory legal acts containing provisions regulating legal relations for the implementation of these powers.

The powers of the administrations of the districts of Volgograd include the organization and conduct of unscheduled inspections of the activities of managing organizations in the relevant territory of the district of the municipality of the urban district of the hero city of Volgograd in accordance with this Procedure.

dated 13.05.2014 N 529)

2. Grounds for conducting an unscheduled audit of the activities of the managing organization

2.1. The basis for an unscheduled inspection of the activities of the managing organization is the applicant's appeal containing information about the failure of the managing organization to fulfill its obligations under Part 2 of Article 162 of the Housing Code of the Russian Federation.

2.2. Applicants may be:

owners of premises in an apartment building,

chairman of the council of an apartment building,

management bodies of a homeowners' association or management bodies of a housing cooperative or management bodies of another specialized consumer cooperative;

public associations specified in Part 8 of Article 20 of the Housing Code of the Russian Federation, other commercial organizations.

(the paragraph was introduced by the Decree of the Administration of Volgograd dated July 24, 2017 N 1185)

2.3. The subject of an unscheduled inspection is a managing organization - a legal entity, regardless of the organizational and legal form, or an individual entrepreneur engaged in the management of an apartment building.

2.4. The subject of an unscheduled audit is the activities of the managing organization.

2.5. The purpose of an unscheduled audit of the activities of the managing organization is to establish by the structural subdivision of the administration of Volgograd the fact of fulfillment or non-fulfillment by the managing organization of the terms of the contract for managing an apartment building.

2.6. When deciding to conduct an unscheduled inspection of the activities of the managing organization, the structural unit of the Volgograd administration establishes the mandatory presence of the following circumstances:

the applicant's appeals about the management organization's failure to fulfill the obligations provided for by Part 2 of Article 162 of the Housing Code of the Russian Federation;

compliance of the person who applied to the structural subdivision of the Volgograd administration with the requirements specified in paragraph 2.2 of section 2 of this Procedure.

2.7. In the presence of all the circumstances specified in paragraph 2.6 of section 2 of this Procedure, a structural unit of the Volgograd administration, within five days, checks the activities of the managing organization.

3. Conducting an unscheduled audit of the activities of the managing organization

3.1. An unscheduled inspection includes the following procedures:

receiving and accounting applications;

organization of an unscheduled inspection;

conducting an unscheduled inspection;

registration of the results of an unscheduled inspection.

3.2. In the process of organizing an unscheduled inspection, a structural subdivision of the Volgograd administration carries out the following activities:

establishing the name and location of the managing organization (subject of an unscheduled inspection) that manages the apartment building;

determination of the circumstances to be clarified in the course of an unscheduled inspection;

preparation of an order (instruction) of a structural unit of the Volgograd administration to conduct an unscheduled inspection. The order (instruction) on conducting an unscheduled inspection shall indicate:

name of the structural subdivision of the administration of Volgograd;

surname, name, patronymic, position of an official or officials authorized to conduct an unscheduled inspection, as well as experts and representatives involved in an unscheduled inspection expert organizations;

the name of the legal entity or the surname, name, patronymic of an individual entrepreneur, the unscheduled inspection of which is carried out, the location of legal entities (their branches, representative offices, separate structural divisions) or the place of residence of individual entrepreneurs and the place of actual implementation of their activities;

goals, objectives, the subject of an unscheduled inspection and the period of its implementation;

legal grounds for conducting an unscheduled inspection, including mandatory requirements subject to an unscheduled inspection;

timing of an unscheduled inspection;

list of documents to be submitted legal entity, individual entrepreneur necessary to achieve the goals and objectives of an unscheduled inspection;

start and end dates of the unscheduled inspection.

(As amended by the Decree of the Administration of Volgograd dated March 15, 2013 N 580)

3.3. An unscheduled inspection is carried out in the form of a documentary inspection and (or) field check.

3.4. Lost strength. - Decree of the administration of Volgograd dated March 15, 2013 N 580.

3.5. When conducting an unscheduled documentary audit, a structural unit of the Volgograd Administration analyzes the following documents:

apartment building management contracts (with annexes);

minutes of general meetings of owners of premises in an apartment building (members of a homeowners association) on issues related to the subject of an unscheduled inspection, including the approval of the terms of an agreement for managing an apartment building, a list of works and services for the maintenance and repair of common property;

technical documentation for an apartment building;

acts annual inspections common property in an apartment building;

primary documents confirming the fact that the managing organization has fulfilled the terms of the contract for managing an apartment building.

3.6. In the course of an on-site unscheduled inspection, a structural unit of the Volgograd administration conducts an inspection and examination of the territory and the apartment buildings located on it, premises common use apartment buildings, and with the consent of the owners of residential premises in apartment buildings - residential premises, as well as research, testing, investigation, examination and other control measures and performs other actions in accordance with the requirements of the current legislation of the Russian Federation.

3.7. An on-site unscheduled inspection is carried out if, during a documentary inspection, it is not possible to evaluate the activities of the managing organization in fulfilling the obligations provided for by Part 2 of Article 162 of the Housing Code of the Russian Federation, without conducting an on-site unscheduled inspection.

(clause 3.7 as amended by the Decree of the Administration of Volgograd dated July 24, 2017 N 1185)

3.8. During an unscheduled inspection, the following circumstances are subject to clarification:

3.8.1. The volume of obligations assumed by the managing organization under the contract for the management of an apartment building.

3.8.2. The frequency and (or) timing of the provision of services and the performance by the managing organization of work on the proper maintenance and repair of common property in an apartment building.

3.8.3. Proper provision of utility services to owners of premises in an apartment building and to persons using premises in an apartment building.

3.8.4. Proper implementation of other activities aimed at achieving the goals of managing an apartment building.

If the subject of the appeal is the failure of the managing organization to fulfill the obligations covered by the concept of "other activities aimed at achieving the goals of managing an apartment building", it is necessary to establish specific types of obligations to be fulfilled by the managing organization.

3.8.5. The fact of fulfillment or non-fulfillment by the managing organization of the terms of the contract for the management of an apartment building.

3.9. The results of an unscheduled inspection are documented by an act of an unscheduled inspection of the activities of the managing organization in the form in accordance with the appendix to this Procedure (hereinafter referred to as the act of an unscheduled inspection), drawn up in accordance with the requirements of the current legislation of the Russian Federation and municipal legal acts of Volgograd.

The act of an unscheduled inspection should contain a conclusion about the presence or absence of the fact of non-compliance by the managing organization with the terms of the contract for managing an apartment building identified by a structural unit of the Volgograd administration.

An act of an unscheduled inspection is drawn up within three days after its completion in two copies, one of which with copies of the applications is handed over to the head, other official or authorized representative of a legal entity, an individual entrepreneur, his authorized representative against receipt of familiarization or refusal to familiarize himself with the act unscheduled inspection. In the absence of the head, other official or authorized representative of the representative, as well as in the event of the refusal of the person being checked to give a receipt for familiarization or refusal to familiarize with the act of an unscheduled inspection, it is sent by registered by mail with a notification of receipt, which is attached to a copy of the act of an unscheduled inspection, stored in a structural unit of the Volgograd administration.

3.10. Based on the results of an unscheduled inspection, if the actions (inaction) of the managing organization contain signs of an offense, the taking of measures for which is beyond the powers of local governments, the structural unit of the Volgograd administration sends relevant information to law enforcement agencies, other control and supervisory authorities for taking measures in according to their competence.

4. Convening a meeting of owners of an apartment building

4.1. If, based on the results of an unscheduled inspection, it is revealed that the managing organization does not comply with the terms of the contract for managing an apartment building, a structural unit of the Volgograd administration, no later than fifteen days from the date of the appeal specified in paragraph 2.1 of section 2 of this Procedure, convenes a meeting of owners of premises in this house to resolve issues on termination of the contract with such a managing organization and on the choice of a new managing organization or on changing the method of managing this house.

(As amended by the Decree of the Administration of Volgograd dated July 24, 2017 N 1185)

4.2. When convening a meeting of owners of premises in an apartment building, a structural unit of the Volgograd administration is guided by the procedure established by parts 4, 5 of article 45 of the Housing Code of the Russian Federation.

4.3. A structural subdivision of the Volgograd administration brings to the attention of the owners of premises in an apartment building the decision of the general meeting of owners of the premises of this house and the results of voting on the termination of the contract with the managing organization and the choice of a new managing organization or changing the method of management by posting an appropriate message about this in the premises of this house, determined decision of the general meeting of owners of premises in this house and available to all owners of premises in this house, no later than 10 days from the date of the adoption of the relevant decision.

The decision and protocol of the general meeting of owners of the premises of an apartment building on the termination of the contract with the managing organization and the choice of a new managing organization or changing the method of management is placed by a structural unit of the Volgograd administration in the state information system housing and communal services.

(clause 4.3 as amended by the Decree of the Administration of Volgograd dated July 24, 2017 N 1185)

4.4. Copies of the decision and minutes of the general meeting of owners of premises in an apartment building on the termination of the contract with the managing organization and the choice of a new managing organization or changing the method of management are sent by the structural unit of the Volgograd administration to the managing organization no later than 10 days after the general meeting of owners of premises in an apartment building .

(clause 4.4 as amended by the Decree of the Administration of Volgograd dated July 24, 2017 N 1185)

4.5. The procedure for changing the method of managing an apartment building, choosing a new managing organization, terminating the contract for managing an apartment building is regulated by the current legislation of the Russian Federation.

4.6. If, as a result of an unscheduled inspection, the management organization did not reveal the failure to comply with the terms of the contract for managing an apartment building, the structural unit of the Volgograd administration notifies the applicant specified in paragraph 2.2 of section 2 of this Procedure in writing within 30 days from the date of receipt by the structural unit of the Volgograd administration of the request to conduct unscheduled inspection.

Application

to the Procedure
unscheduled inspections
activities of managers
organizations implementing
apartment building management
houses in the area
municipality
urban district hero city
Volgograd, approved
resolution
administration of Volgograd
dated November 15, 2012 N 3135

(name of the structural subdivision of the administration of Volgograd)
______________________________ "__" ________________ 20__
(place of drawing up the act) (date of drawing up the act)

________________________
(time of drawing up the act)

ACT of an unscheduled inspection of the activities of the managing organization

N __________ at the address(es):
__________________
(place of unscheduled inspection)
___________________________________________________________________________

Based __________________________________________________________
(type of document with details (number, date)
an audit was carried out in relation to _______________________________________
(name of legal entity, surname,
name and patronymic

(the last - if any) of an individual entrepreneur)
Date and time of the unscheduled inspection:

Duration ______.

"__" ________________ 20__ from ____ hour. ____ min. until _____ hour. ____ min.
Duration ______.

The total duration of an unscheduled inspection _________________________.
(working days/hours)
The act was drawn up by ________________________________________________________.
(name of the structural unit of the administration
Volgograd)
With a copy of the order (order) to conduct an unscheduled inspection

familiarized with: _______________________________________________________________
(surnames, initials, signature, date, time)
__________________________________________________________________________.
Date and number of the decision of the prosecutor (his deputy) on approval
conducting an unscheduled inspection: _______________________________________________.
(to be completed if necessary)
coordinating the inspection with the authorities
prosecutor's office)
Person(s) who performed the inspection: __________________________________
(Full Name
(last - if available),
___________________________________________________________________________
the position of the official (officials) who conducted the inspection;
in case of participation
__________________________________________________________________________.
in the verification of experts, expert organizations, surnames, names,
patronymics (the last - if any), positions of experts and / or names
expert organizations indicating the details of the certificate of accreditation
and the name of the accreditation body that issued the certificate)
During the unscheduled inspection were present: ___________________
___________________________________________________________________________
(last name, first name, patronymic (the last one - if any), position of the head,
other official (officials
__________________________________________________________________________.
persons) or an authorized representative of a legal entity authorized
representative of an individual entrepreneur, authorized
a representative of a self-regulatory organization (in the event of an audit
member of a self-regulatory organization) who were present during the
verification activities)

During an unscheduled inspection:
non-compliance by the managing organization with the terms of the management agreement was revealed
apartment building, expressed as follows: __________________________
___________________________________________________________________________
(indicating the nature of violations; persons who committed violations, provisions
(normative) legal acts)
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________,
no violations were found ___________________________________________________________
__________________________________________________________________________.

Entry in the register of inspections of a legal entity, individual

authorities municipal control entered (to be filled in during the
field check):


legal entity, individual
entrepreneur, his authorized
representative)

Register of inspections of a legal entity, individual
entrepreneur, carried out by state control (supervision) bodies,
municipal control bodies, absent (to be filled in during the
field check):
_______________________ ______________________________________
(signature of the inspector) (signature of the authorized representative
legal entity, individual
entrepreneur, his authorized
representative)

Documents attached to the act: _______________________________________________
___________________________________________________________________________
__________________________________________________________________________.

Signatures of the persons who carried out the verification: ____________________________________
____________________________________
____________________________________
____________________________________

I am familiar with the act of unscheduled inspection, a copy of the act with all
applications received by: _________________________________________________
(last name, first name, patronymic (the last one - if available),
manager position,
__________________________________________________________________________.
other official or authorized representative of the legal
person, individual entrepreneur, his authorized representative)
"__" ________________ 20__ ________________
(signature)
A note on the refusal to familiarize yourself with the act of an unscheduled inspection ___________
__________________________________________________________________________.
(signature of the authorized official (persons) who conducted the
check)

On approval of the Procedure for conducting unscheduled inspections
activities of managing organizations that carry out
management of multi-apartment buildings in the territory
Municipal Formation "City of Izhevsk"

In order to create conditions for the management of apartment buildings on the territory of the municipality "City of Izhevsk", in accordance with Art. 165 of the Housing Code, the Federal Law "On general principles organizations of local self-government in the Russian Federation", guided by the Charter of the city of Izhevsk, I decide:
1. To approve the procedure for conducting unscheduled inspections of the activities of managing organizations that manage multi-apartment buildings on the territory of the municipal formation "City of Izhevsk" (attached).
2. I reserve control over the execution of the decision.

And about. Head of the Administration of Izhevsk
I.V. MARININ

Approved
resolution
Administration of the city of Izhevsk
dated October 1, 2013 No. 1200

ORDER
CONDUCTING UNSCHEDULED INSPECTIONS OF THE ACTIVITIES OF MANAGERS
ORGANIZATIONS MANAGING MULTI-APARTMENT
HOUSES IN THE TERRITORY OF THE MUNICIPALITY
"CITY OF IZHEVSK"

1. This Procedure for conducting unscheduled inspections of the activities of managing organizations that manage multi-apartment buildings (hereinafter referred to as the Managing Organization) on the territory of the municipal formation "City of Izhevsk" (hereinafter referred to as the Procedure) is a regulatory legal act that determines the procedure for conducting an unscheduled inspection of the activities of the Managing Organization on the basis of Art. 165 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation).

2. The authority to organize and conduct unscheduled inspections of the activities of the Managing Organizations is exercised by an industry body - a structural subdivision of the Administration of the city of Izhevsk - the Department of Housing and Communal Services of the Administration of the city of Izhevsk (hereinafter referred to as the Authorized Body).

3. The basis for conducting an unscheduled audit of the activities of the Managing Organization is the appeal of the applicant (s) (hereinafter referred to as the applicant) about the failure of the Managing Organization to fulfill its obligations under Part 2 of Art. 162 of the Housing Code of the Russian Federation, the terms of the contract for the management of an apartment building.

4. The authorized body conducts an unscheduled inspection of the activities of the Managing Organization based on the applicant's request, which include:
- owners of premises in an apartment building;
- chairman of the council of an apartment building (hereinafter referred to as the chairman);
- governing bodies of the association of homeowners;
- governing bodies of a housing cooperative;
- management bodies of another specialized consumer cooperative.

5. Appeals of the applicant are drawn up in the form in accordance with Appendix No. 1 to this Procedure.

6. The subject of an unscheduled audit of the activities of the Managing Organization is the presence or absence of the fact that the Managing Organization has failed to fulfill its obligations under Part 2 of Art. 162 of the Housing Code of the Russian Federation, the terms of the contract for the management of an apartment building, the violation of which is indicated in the applicant's appeal.

7. The authorized body conducts an unscheduled audit of the activities of the Managing Organization to fulfill the obligations under Part 2 of Art. 162 ZhK RF, within 5 calendar days from the date of the applicant's application. The day of the applicant's application in this Procedure is understood as the day of registration in the prescribed manner of the applicant's application with the Authorized Body.

8. The following documents are attached to the applicant's application:
- a document confirming the person's authority to apply for an unscheduled inspection on the basis of Part 1.1 of Art. 165 of the Housing Code of the Russian Federation (for the owner - a copy of an identity document, a copy of the certificate of registration of ownership, a copy of the agreement on the transfer of premises to ownership; for the chairman - a copy of the minutes of the general meeting of owners of the premises of the apartment building on the election of the chairman; for the governing bodies of the homeowners association - a copy protocol on the choice of management bodies; for the management bodies of a housing cooperative - a copy of the protocol on the choice of management bodies; for the management bodies of another specialized consumer cooperative - a copy of the protocol on the choice of management bodies);
- a copy of the apartment building management agreement (if any);
- documents confirming the failure of the Managing Organization to fulfill its obligations (if any).

9. An unscheduled audit of the activities of the Managing Organization is carried out in the form of a documentary audit and (or) field audit.
Documentary verification is carried out by examining the documents submitted by the applicant and the Managing Organization.
An on-site inspection is carried out in the following cases:
- the need to inspect the elements of the common property of the owners of premises in an apartment building related to the service and (or) work indicated in the applicant's application; verification of public services, the provision of which is mandatory based on the level of improvement of this apartment building, indicated in the applicant's appeal; implementation of other necessary measures;
- if during documentary verification it is not possible to verify the completeness and reliability of the information contained in the documents submitted by the Managing Organization.
During the on-site inspection, the Managing Organization is obliged to present the originals of the requested documents.

10. The authorized body, no later than one working day from the date of application within the framework of organizing an unscheduled inspection of the activities of the Managing Organization:
notifies the Managing Organization of the receipt of an appeal indicating the terms of the contract for the management of an apartment building, the failure to comply with which is indicated in the applicant's appeal, the date and registration number of the appeal;
requests from the Managing Organization the documents specified in clause 11 of the Procedure.

11. The authorized body requests from the Managing Organization for an unscheduled inspection of the activities of the Managing Organization, depending on the nature of the appeal, the following documents:
- a copy of the minutes of the general meeting of owners of premises in an apartment building or a copy of the decision of the governing bodies of a homeowners association, housing cooperative, other specialized consumer cooperative, which approved the terms of the apartment building management agreement;
- a copy of the work plan for a period of at least 1 year for the maintenance and repair of common property in an apartment building, indicating the frequency and timing of the work (services) (if necessary);
- information on the performance of work and (rendering of services) and the reasons for deviation from the plan (if necessary);
- copies of documents (acts) on acceptance of the results of works (services) specified in the applicant's application;
- copies of acts of inspection of elements of common property in an apartment building related to the service and (or) work indicated in the appeal;
- copies of documents (acts) of checking the condition of common property by state housing supervision bodies;
- copies of documents included in the technical and other documentation specified in the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (hereinafter referred to as the Rules).

12. The managing organization is obliged to provide the Authorized body with the requested documents in accordance with paragraph 11 of the Procedure within one working day from the date of receipt of the notice of the applicant's application by sending them by fax or in the form of a scanned document by e-mail.

13. The managing organization has the right to provide the Authorized body with a written explanation on the merits of the appeal within one working day from the receipt of the notice of the appeal.

14. When conducting an unscheduled audit of the activities of the Managing Organization, the authorized body proceeds from the responsibility of the Managing Organization for the obligations that arose in the course of managing an apartment building established by the LC RF:
a) Part 2.2 of Art. 161 - when concluding a management agreement for an apartment building by a homeowners association, housing cooperative or other specialized consumer cooperative;
b) Part 2.3 of Art. 161 - when choosing a Managing Organization by a general meeting of owners of premises in an apartment building or based on the results of a local government open competition conducted in cases and in the manner prescribed by Part. 4 Article. 161, and in the stipulated part 14 of Art. 161 cases - when concluding an agreement on the management of an apartment building by a developer with a managing organization.

15. During an unscheduled inspection of the activities of the Managing Organization of the fulfillment of obligations to provide services and (or) perform work that ensures the proper maintenance of the common property in this house and the quality, the following is checked:
a) whether the service and (or) work specified in the application is included in the list of services and works specified in the apartment building management agreement, and whether the Managing Organization is obliged to perform the service and (or) work specified in the application in accordance with the requirements of the Rules and the minimum list of services and works necessary to ensure the proper maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of April 3, 2013 No. 290 (hereinafter referred to as the List);
b) whether the service and (or) work specified in the application is included in the work plan for the maintenance and repair of common property in the apartment building, whether such a plan complies with the terms of the apartment building management agreement, whether the frequency (term of performance) of the service and (or) work is observed, and whether the Managing Organization has fulfilled the obligation to provide the service and (or) perform work in a timely manner;
c) whether the quality of the service and (or) work specified in the appeal meets the requirements of the Rules;
d) whether the service and (or) work indicated in the application is necessary to ensure the proper maintenance of common property in this house - if the service and (or) work are not included in the List.

16. During an unscheduled inspection of the activities of the Managing Organization of the fulfillment of obligations for the provision of public services, the following is checked:
whether the provision of the utility service indicated in the appeal is mandatory based on the level of improvement of this apartment building. At the same time, the concept of the level of improvement is determined by the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation dated 06.05.2011 No. 354.

17. If necessary, the Authorized Body shall involve in the unscheduled inspection organizations servicing residential buildings, utility service providers, other organizations whose assistance is necessary when considering the documents of the Managing Organization; when examining elements of the common property of the owners of premises in an apartment building; for conducting expert examinations and surveys aimed at establishing the facts of non-fulfillment by the Managing Organization of its obligations.

18. Based on the results of an unscheduled inspection of the activities of the Managing Organization, the Authorized Body draws up an inspection report, which indicates the facts and circumstances established as a result of an unscheduled inspection of the activities of the Managing Organization. The audit report is drawn up immediately after its completion in two copies. The inspection report is drawn up by the Authorized Body on the letterhead of the Authorized Body in the form in accordance with Appendix No. 2 to this Procedure.

19. If the Authorized body concludes that an unscheduled audit of the activities of the Managing Organization revealed the fact that the Managing Organization did not fulfill its obligations under the apartment building management agreement, provided for in Part 2 of Art. 162 of the Housing Code of the Russian Federation, the inspection report should indicate which particular obligation under the apartment building management agreement is not fulfilled by the Managing Organization.
In the event that, as a result of an unscheduled inspection of the activities of the Managing Organization, the Managing Organization fails to fulfill the terms of the contract for the management of an apartment building, the obligations stipulated by Part 2 of Art. 162 of the Housing Code of the Russian Federation, the Authorized body takes measures to convene a general meeting of owners of premises in an apartment building to resolve the issue of terminating the contract for managing an apartment building with the Managing Organization, in the actions (inaction) of which a failure to fulfill the obligations provided for by Part 2 of Art. 162 of the Housing Code of the Russian Federation, and on the choice of a new managing organization or on a change in the method of managing this house. The decision of the general meeting of owners of the premises of an apartment building is drawn up in a protocol, a copy of which is sent within five working days from the date of its preparation to the Managing Organization that manages the apartment building.

20. In the absence of facts of non-fulfillment by the Managing Organization of the obligations provided for in Part 2 of Art. 162 of the Housing Code of the Russian Federation, the terms of the contract for the management of an apartment building, this circumstance is recorded in the inspection report.
The results of the audit are reported to the applicant within the time limits established by the current legislation of the Russian Federation.

21. If, during an unscheduled inspection, violations by the Managing Organization of the requirements established by federal laws, laws Udmurt Republic, as well as municipal legal acts in the field of housing relations, the Authorized body sends to the bodies authorized to exercise state control (supervision), the audit materials for consideration and decision on bringing (refusal to bring) to administrative responsibility (State Housing Inspectorate under the Ministry of Construction , architecture and housing policy of the Udmurt Republic; Federal Service on supervision in the field of consumer protection and human well-being in the Udmurt Republic).

Application No. 1
to the Procedure for conducting unscheduled
audits of the activities of the Managing Organizations,
managing apartment buildings
on the territory of the municipal formation "City of Izhevsk"

To the Department of Housing and Communal
economy of the Administration of the city of Izhevsk -
Authorized body for organization
and conducting an unscheduled inspection
activities of the Managing Organizations
from whom _______________________________,
address: ________________________________,
telephone _______________________________.

Appeal
on non-compliance by the Managing Organization with the adopted
obligations

The applicant is ________________________________________________________
(the owner of the premises in an apartment building /
chairman of the council of an apartment building /
representative of the council of the apartment building / authority
management of the homeowners association/body
management of the housing cooperative / management body
other specialized consumer cooperative
apartment building)
located at: _____________________________, which is confirmed

(legal documents)
In accordance with the decision of _____________________________________________
(general meeting of owners of premises
in an apartment building/general meeting of members
homeowners associations/housing
cooperative, other specialized
consumer cooperative)
The managing organization of the specified house is selected
__________________________________________________________________________.

In connection with violations of the terms of the contract for the management of an apartment complex
house, namely __________________________________________________________,
(indicate the facts of violation of the terms of the management agreement)
I ask you to organize an unscheduled inspection of the activities of the Manager
organization ____________________________________________________________.
(name of the legal entity)
Applications (if available):
1. A copy of the agreement _________________ dated "__" ___________ ______, No. ___.
2. Documents confirming non-compliance by the Managing Organization
their obligations.
3. Power of attorney dated "__" _________ ____. No. ___ (in case
the application is submitted by the representative of the applicant).
"__"___________ ____ G.
Applicant:
____________________
(full name, signature)
M.P.

As you know, quality checks of work and services performed and provided by the Criminal Code are carried out regularly (including at the request of citizens) and in most cases end with the imposition of an administrative fine. The work on appealing decisions issued on the basis of the results of inspections is not always carried out by the Criminal Code, which entails significant costs for the payment of fines and negatively affects economic activity. Thus, the management companies are maximally interested in reducing the amount of penalties in the conditions of the irreducible "activity" of citizens - consumers of services and works and the number of inspections and other administrative procedures carried out at their request.

Balance of interests of citizens and management companies.

On the one hand, filing a complaint with the GZhI about the violation of the rules of maintenance and repair of the house by the Criminal Code is the right of each owner of the premises in the MKD, through the implementation of which an attempt is made to influence the Criminal Code in order to improve the quality of the work performed by it (the services provided), the timely implementation of all necessary technical procedures, etc. On the other hand, for the most part, the owners of the premises do not think about what it will actually mean for them to bring the management company to administrative responsibility for each appeal. According to the statistics of managing organizations, the amount of a fine for one offense is two to three times higher than the annual fee for the maintenance and repair of one apartment. Thus, the regular imposition of fines can also achieve the opposite effect - a decrease in the quality of home maintenance. In any case, professional participants in the housing and communal services market say so: they say that the money collected from the owners will not be used to repair the premises, but to pay fines. One can argue with this statement, but the fact is that if the fines are growing, and the quality of work and services is falling, then the owners should use other leverage than to wait for help from the GZhI. In addition, everyone is well aware that our administrative machine has many vices, and the most common of them are bureaucracy and formalism. Inspections for the sake of inspections, statistics and the achievement of other goals that are in no way connected with the actual suppression of illegal actions of economic entities will not surprise anyone.

There is one more nuance. Inaction of the owners and non-compliance with the RSO technical regulations can also cause the unsatisfactory condition of the common property of the owners of premises in the MKD, however, it can be extremely difficult, and sometimes impossible, to prove this. In turn, the procedure for filing recourse claims against the North Ossetia is a thankless and costly business.

In such conditions (when mass inspections are carried out and the owners are growing dissatisfied), it is extremely important for the management company to achieve a reduction in the amount of fines in order to free up finances for solving other tasks as part of the management of MFBs. To do this, it is necessary to clearly understand the scope of authority of officials of the State Zhi and the procedure for conducting unscheduled inspections by them, as well as develop a procedure for interaction with the State Zhi.

Proper maintenance of common property.

According to clause 10 of the Rules for the maintenance of common property, 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 and technical regulation) in a condition that ensures compliance with certain characteristics and requirements (both aesthetic and technical) to the architectural appearance of the house, its safety, the availability of premises for use, the constant readiness of utilities, etc.

If the owners chose this method MKD management, as management of a managing organization or direct management, the proper maintenance of common property is ensured by the owners of the premises by concluding an appropriate agreement (clause 16 of the Rules for the Maintenance of Common Property). By the way, the maintenance of common property implies an impressive list of works, in particular the maintenance and overhaul of MKD (clause 11 of the Rules for the Maintenance of Common Property). Thus, the proper maintenance of the common property is ensured by its owners, and the managing organizations are responsible to them for violation of their contractual obligations and are responsible for the proper maintenance of the common property in accordance with the legislation of the Russian Federation (clause 42 of the Rules for the maintenance of common property).

Responsibility for improper maintenance of common property.

Improper maintenance of the common property of the owners of premises in the MKD is a consequence of non-compliance with the Criminal Code, including the Rules for the Maintenance of Common Property. This type offenses in accordance with Art. 7.22 of the Code of Administrative Offenses of the Russian Federation is a reason for bringing an economic entity to administrative responsibility. For officials, the fine ranges from 4,000 to 5,000 rubles; for legal entities - from 40,000 to 50,000 rubles.

Next, we outline the key points in who is the subject of the offense under this article of the Code of Administrative Offenses of the Russian Federation and in what cases the managing organization cannot and should not be held administratively liable on the grounds listed therein.

When conducting inspections officials The GZhI, fixing the detected violations, does not find out the reasons for which they arose. At this stage, the managing organization must clearly understand whether it is its fault that the maintenance and repair of the MKD are carried out improperly.

According to the general rules (we will outline the key points), the management contract, among other things, should indicate: a list of services and works for the maintenance and repair of common property in an MKD, the procedure for changing such a list, the procedure for determining the price of the contract and the amount of payment for the maintenance and repair of residential premises. In addition to clause 17 of the Rules for the maintenance of common property, it obliges the owners of the premises to approve at the general meeting a list of services and works, the conditions for their provision and implementation, as well as the amount of their financing. At the same time, on the pages of the magazine, we repeatedly warned the Criminal Code that the list of works and services approved by the general meeting of owners did not indicate any works and services, the need to perform (render) which follows directly from the regulatory legal acts in the field of maintenance and operation of housing Fund, does not exempt the Criminal Code from their implementation (rendering). This conclusion is confirmed by the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of September 29, 2010 No. 6464/10, interpretation legal regulations which is generally binding and is subject to application when considering similar cases by the courts.

In particular, this resolution states that all current, urgent, mandatory seasonal work and services are considered to be provided for in the contract by virtue of the norms for maintaining a house as an object and must be carried out by management companies, regardless of whether the contract mentions the relevant specific actions and whether there are the question of the need to fulfill them is a special decision of the general meeting of the owners of the premises in the house. Management organizations act in these respects as specialized commercial organizations that manage apartment buildings as their main entrepreneurial activity. Therefore, the determination in the contract of the proper amount of payment for the normally foreseeable, normally necessary maintenance and current repairs of a residential building, taking into account its natural wear and tear, is their entrepreneurial risk. If the performance of urgent works and services (both current and capital) is caused by circumstances that Management Company could not reasonably foresee and prevent with the usual degree of care and diligence and for the occurrence of which she is not responsible, then such expenses must be additionally compensated for by the owners of the premises in the house.

In this regard, the Criminal Code should apply with great caution the recommendations of the Ministry of Regional Development of Russia contained in the Letter of October 14, 2008 No. MKD requires a decision of the general meeting of owners of the premises, the absence of such decisions means that the management company:

Not entitled to perform work and services unauthorized by the owners;

Should not be responsible for the consequences of failure to perform such works and services;

It cannot be brought to administrative responsibility for their non-compliance, and the bodies of the GZhI are not entitled to issue instructions on their implementation.

By the way, the analysis of judicial practice shows that the courts, when considering the category of cases of interest to us, do not take into account the references of the Criminal Code to the content of the Letter of the Ministry of Regional Development of Russia dated October 14, 2008 No. 26084-SK / 14, since it is due to Part 1 of Art. 13 of the Arbitration Procedure Code of the Russian Federation is not included in the range of regulatory legal acts used in the consideration of cases.

Here we should separately add a few words about the obligation of the management company to carry out capital repairs. Capital repairs of common property, in accordance with paragraph 21 of the Rules for the maintenance of common property, are carried out by decision of the general meeting of owners of premises to eliminate physical wear or destruction, maintain and restore serviceability and performance, in case of violation (danger of violation) of the established maximum permissible reliability characteristics and security, as well as, if necessary, replacement of the relevant elements of common property (including enclosing load-bearing structures of an apartment building, elevators and other equipment). According to clause 37 of the Rules for the maintenance of common property, when the general meeting of owners of the premises makes a decision to pay the costs of overhauling an apartment building in accordance with Art. 158 of the Housing Code of the Russian Federation, the amount of payment for the overhaul is determined taking into account the proposals of the managing organization on the start date for the overhaul, the required scope of work, the cost of materials, the procedure for financing repairs, the timing of reimbursement of expenses and other proposals related to the conditions for the overhaul.

Firstly, the managing organization must clearly understand the difference between current and major repairs. The current repair of common property, in accordance with clause 18 of the Rules for the maintenance of common property, is carried out by decision of the general meeting of owners of premises to prevent premature wear and tear and maintain operational performance and performance, eliminate damage and malfunctions of common property or its individual elements (without replacing the enclosing load-bearing structures, elevators ). If the inspectors reveal violations of the technical condition of a residential building, which can be completely eliminated during current repair financed by the monthly payments of the owners, the management company will be held accountable, and the arguments that the organization did not receive instructions from the owners to carry out capital works and did not agree on the procedure for their payment will be rejected by both inspectors and judges (see resolutions of the FAS UO dated 12/28/2010 in case No. А50-13516/2010, FAS VVO dated 09/08/2010 in case No. А31-2421/2010, FAS PO dated 05.27.2010 in case No. А65-31513/2009, FAS SZO dated 03.03.2010 case No. A66-9630/2009).

According to paragraph 3.8 of the Methodology for determining the cost of construction products on the territory of the Russian Federation, approved by the Decree of the Gosstroy of Russia dated 05.03.2004 No. 15/1, current (preventive) repairs consist in systematic and timely work to prevent wear of structures, finishes, engineering equipment, as well as repair work for minor damage and malfunctions. The overhaul of buildings and structures should include work on the restoration or replacement of individual parts of buildings (structures) or entire structures, parts and engineering equipment due to their physical wear and tear and destruction to more durable and economical, improving their performance. Among the works on the overhaul of external engineering communications and landscaping, there are works on the repair of water supply networks, sewerage, heat and gas supply and electricity supply, landscaping of yard areas, repair of paths, driveways and sidewalks, etc.

Please note that Federal Law No. 215-FZ of July 18, 2011 amended the Town Planning Code, including the introduction of the concept of overhaul of facilities capital construction. So, replacement and (or) restoration of building structures of capital construction objects or elements of such structures, with the exception of load-bearing building structures, replacement and (or) restoration of engineering and technical support systems and networks of engineering and technical support of capital construction objects or their elements, as well as the replacement of individual elements of load-bearing building structures with similar or other elements that improve the performance of such structures and (or) the restoration of these elements (clause 14.2, article 1 of the Town Planning Code of the Russian Federation). In addition, the Federal Law of December 29, 2004 No. 191-FZ “On the Enactment of the Town Planning Code of the Russian Federation” was supplemented by Art. 10.4, which legalizes that list construction works, which the Federal Law of July 21, 2007 No. 185-FZ "On the Fund for Assistance to the Reform of Housing and Communal Services" (hereinafter - Law No. 185-FZ) are classified as overhaul of MKD. So, from the text of Art. 10.4 it follows that in order to implement regional targeted programs for the overhaul of MFBs financed from the fund, the law may establish specifics for classifying types of work as work on the overhaul of MFBs. To date, according to paragraph 3 of Art. 15 of Law No. 185-FZ, the following are included in the overhaul:

Repair of in-house engineering systems electricity, heat, gas, water supply, sanitation;

Repair or replacement of elevator equipment recognized as unsuitable for operation, if necessary, repair of elevator shafts;

Roof repair;

Repair of basements related to common property in apartment buildings;

Warming and repair of facades;

Installation of collective (common house) metering devices for resource consumption and control units (thermal energy, hot and cold water, electrical energy, gas);

Repair of the foundations of MKD, including on a pile foundation, located in the regions of the Far North and equivalent areas.

Officials of the management company, realizing that in relation to specific MKD, the need for a major overhaul has already become ripe and that without the decision of the owners, the organization formally cannot begin to perform the relevant work (and without agreeing on the procedure for financing the capital repair of the management company, it is not interested in carrying it out), should initiate organization of a general meeting of owners with an appropriate agenda. In the event that the Criminal Code technically justifies the need to perform capital work in the MKD, and the owners nevertheless refuse to make a positive decision on this issue, the managing organization will have something to justify to the inspectors and judges. By general rule The Criminal Code will be liable for the improper fulfillment of its obligations regarding the maintenance and repair of MKD only if there is fault (Article 401 of the Civil Code of the Russian Federation). Since the management organization must prove the absence of its guilt in the failure to perform capital work on its own, all technical documentation, confirming the need for a major overhaul, evidence of familiarization of the owners with its contents and the refusal of the latter to carry out major repairs at home should be collected.

In view of the foregoing, the conclusion is that the Criminal Code, in order to minimize the cost of fines in the State Housing Inspectorate, should work out in detail the terms of the contract for the management of MKD and the procedure for collecting evidence of the deliberate refusal of the owners of premises in the MKD to carry out certain works.

Minor violation.

The only possibility not to pay a fine imposed on a legal basis and the fact of the commission of an offense has been proved is to appeal about its insignificance. AT judicial practice there are enough examples when decisions on bringing to administrative responsibility issued to the Criminal Code are canceled due to insignificance (provided that the organization has taken all measures to eliminate the violation committed) (see the decisions of the FAS PO dated 08.12.2010 in case No. A12-12164 / 2010, FAS SKO dated 06.12.2010 in case No. А32-11549/2010-11/220-94АЖ, FAS VVO dated 10.11.2010 in case No. A28-2546/2010, FAS SZO dated 08.09.2010 in case No. А56-6562 /2009).

Note: in accordance with Art. 2.9 of the Code of Administrative Offenses of the Russian Federation, with the insignificance of the committed administrative offense, the judge, body, official authorized to decide the case on administrative offense, can release the violator from administrative responsibility and confine themselves to an oral remark.

The insignificance of the offense takes place in the absence of a significant threat to protected public relations.

In paragraph 18 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 02.06.2004 No. 10, it is explained that when qualifying an offense as minor, it is necessary to proceed from an assessment of the specific circumstances of its commission. Thus, in order to avoid paying a fine, the Criminal Code may try to appeal the relevant decision of the GZhI in court, indicating the insignificance of the violation (if, of course, it really is such).

Regulations for interaction with GZhI

We offer an exemplary algorithm of actions developed taking into account the provisions of the Federal Law of December 26, 2008 No. 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" (hereinafter - Law No. 294-FZ), which will help the Criminal Code to find out quickly enough whether the employees of the State Zhi are exceeding their powers when conducting an unscheduled inspection upon the fact of citizens' appeals. Having information about violations of the inspection procedure, the Criminal Code will be able to quickly prepare to protect its interests in terms of minimizing the cost of paying fines.

Regulations for the interaction of the Criminal Code and the GZhI.

Regulations for the interaction of the UK and GZhI in the process of conducting an unscheduled inspection of compliance with the Rules for the maintenance and repair of MKD and the premises in them.

Actions

1. The subject of an unscheduled inspection is compliance by a legal entity, an individual entrepreneur in the process of carrying out activities mandatory requirements and the requirements established by municipal legal acts, the implementation of instructions of state control (supervision) bodies, municipal control bodies, the implementation of measures to prevent harm to life, health of citizens, harm to animals, plants, environment, objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, museum items and museum collections included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which is part of the national library fund, to ensure the security of the state, to prevent the occurrence of natural and man-made emergencies, to eliminate the consequences of such harm.

2. The basis for conducting an unscheduled inspection is:

1) the expiration of the deadline for the execution by a legal entity, an individual entrepreneur of a previously issued order to eliminate the identified violation of mandatory requirements and (or) requirements established by municipal legal acts;

1.1) receipt by the state control (supervision) body, municipal control body of an application from a legal entity or an individual entrepreneur on the provision legal status, a special permit (license) for the right to exercise certain types activity or permission (approval) for the implementation of other legally significant actions, if the conduct of an appropriate unscheduled inspection of a legal entity, an individual entrepreneur is provided for by the rules for granting a legal status, a special permit (license), issuing a permit (approval);

2) reasoned representation of an official of the state control (supervision) body, municipal control body based on the results of the analysis of the results of control measures without interaction with legal entities, individual entrepreneurs, consideration or preliminary verification of applications received by state control (supervision) bodies, municipal control bodies and statements of citizens, including individual entrepreneurs, legal entities, information from authorities state power, local governments, from the funds mass media about the following facts:

(see text in previous edition)

A) the emergence of a threat of causing harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, museum objects and museum collections included in the Museum Fund of the Russian Federation, especially valuable, in including unique documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, state security, as well as threats of natural and man-made emergencies;

(see text in previous edition)

B) causing harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, museum objects and museum collections included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, state security, as well as the occurrence of natural and man-made emergencies;

(see text in previous edition)

C) violation of consumer rights (in case of applying to the body exercising federal state supervision in the field of consumer protection, citizens whose rights are violated, provided that the applicant applied for the protection (restoration) of his violated rights to a legal entity, individual entrepreneur, and such the appeal was not considered or the applicant's requirements were not satisfied);

(see text in previous edition)

d) violation of the requirements for labeling goods;

2.1) identification, when carrying out control measures without interaction with legal entities, individual entrepreneurs, of the parameters of the activities of a legal entity, an individual entrepreneur, compliance with or deviation from which in accordance with the approved federal executive body that performs the functions of developing and implementing state policy and legal regulation in the established field of activity, indicators of the risk of violation of mandatory requirements is the basis for an unscheduled inspection, provided for in the regulation on the type of federal state control (supervision);

(see text in previous edition)

3) an order (decree) of the head of the state control (supervision) body, issued in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation and on the basis of the request of the prosecutor to conduct an unscheduled inspection as part of supervision over the implementation of laws on materials and appeals received by the prosecutor's office.

(see text in previous edition)

3. Applications and applications that do not allow identifying the person who applied to the state control (supervision) body, municipal control body, as well as applications and applications that do not contain information about the facts specified in clause 2 of part 2 of this article, cannot serve as a basis for conducting an unscheduled inspection. If the information contained in the appeal or application may, in accordance with paragraph 2 of part 2 of this article, be the basis for an unscheduled inspection, an official of the state control (supervision) body, municipal control body, if he has reasonable doubts about the authorship of the appeal or application must take reasonable steps to identify the applicant. Appeals and applications sent by the applicant in the form of electronic documents may serve as a basis for an unscheduled inspection only if they were sent by the applicant using information and communication technology tools that provide for the applicant's mandatory authorization in unified system identification and authentication.

(see text in previous edition)

3.1. When considering appeals and applications, information about the facts specified in part 2 of this article, the results of consideration of previously received similar applications and applications, information, as well as the results of previously carried out control measures in relation to the relevant legal entities, individual entrepreneurs should be taken into account.

3.2. In the absence of reliable information about the person who violated the mandatory requirements, requirements established by municipal legal acts, sufficient data on the facts specified in Part 2 of this Article, authorized officials of the state control (supervision) body, municipal control body may conduct a preliminary check of the received information. During the preliminary verification of the information received, measures are taken to request additional information and materials (including orally) from the persons who sent applications and appeals, who provided information, the documents of the legal entity, individual entrepreneur, available at the disposal of the state control body ( supervision), a municipal control body, if necessary, control measures are taken without interaction with legal entities, individual entrepreneurs and without imposing on these persons the obligation to provide information and fulfill the requirements of state control (supervision) bodies, municipal control bodies. As part of a preliminary check, a legal entity or an individual entrepreneur may be asked for clarifications regarding the information received, but the submission of such clarifications and other documents is not mandatory.

(see text in previous edition)

3.3. If, based on the results of a preliminary audit, persons who have violated mandatory requirements, requirements established by municipal legal acts are identified, sufficient data are obtained on the facts specified in Part 2 of this Article, an authorized official of the state control (supervision) body, municipal control body prepares a reasoned presentation on appointment of an unscheduled inspection on the grounds specified in clause 2 of part 2 of this article. According to the results of the preliminary check, no measures to bring the legal entity, individual entrepreneur to responsibility are taken.

(see text in previous edition)

3.4. By decision of the head, deputy head of the state control (supervision) body, municipal control body, a preliminary check, an unscheduled check is terminated if, after the start of the corresponding check, the anonymity of the appeal or statement that was the reason for its organization is revealed, or knowingly unreliable information contained in the appeal or statement.

3.5. The body of state control (supervision), the body of municipal control has the right to apply to the court with a claim to recover from a citizen, including a legal entity, an individual entrepreneur, the costs incurred by the body of state control (supervision), the body of municipal control in connection with the consideration of applications received , appeals of these persons, if deliberately false information was indicated in the applications, appeals.

4. An unscheduled inspection shall be carried out in the form of a documentary inspection and (or) an on-site inspection in accordance with the procedure established respectively by this Federal Law.

5. An unscheduled on-site inspection of legal entities, individual entrepreneurs may be carried out on the grounds specified in subparagraphs "a", "b" and "d" of paragraph 2, paragraph 2.1 of part 2 of this article, by state control (supervision), municipal control bodies after agreement with the prosecutor's office at the place of operation of such legal entities, individual entrepreneurs.

(see text in previous edition)

6. A standard form of an application for approval by a state control (supervision) body, a municipal control body and a prosecutor's office of an unscheduled on-site inspection of a legal entity, an individual entrepreneur is established by the federal executive body authorized by the Government of the Russian Federation.

(see text in previous edition)

7. The procedure for the approval by the state control (supervision) body, the municipal control body and the prosecutor's office of an unscheduled on-site inspection of a legal entity, individual entrepreneur, as well as the approval of the prosecutor's office for the approval of an unscheduled on-site inspection, is established by order of the Prosecutor General of the Russian Federation.

(see text in previous edition)

8. On the day of signing the order or order of the head, deputy head of the state control (supervision) body, municipal control body on conducting an unscheduled on-site inspection of a legal entity, individual entrepreneur in order to coordinate its conduct, the state control (supervision) body, municipal control body shall submit or send by registered mail with acknowledgment of receipt or in the form of an electronic document signed by an enhanced qualified electronic signature, to the prosecutor's office at the place of business of a legal entity, an individual entrepreneur, an application for approval of an unscheduled on-site inspection. This application is accompanied by a copy of the order or order of the head, deputy head of the state control (supervision) body, municipal control body on conducting an unscheduled on-site inspection and documents that contain information that served as the basis for its conduct.

(see text in previous edition)

9. An application for approval of an unscheduled on-site inspection of a legal entity, an individual entrepreneur and the documents attached to it are considered by the prosecutor's office on the day they are received in order to assess the legality of an unscheduled on-site inspection.

(see text in previous edition)

10. Based on the results of consideration of an application for approval of an unscheduled on-site inspection of a legal entity, an individual entrepreneur and the documents attached to it, no later than within the working day following the day they are received, the prosecutor or his deputy decides to approve an unscheduled on-site inspection or on refusal to approve it.

(see text in previous edition)

11. The grounds for refusal to agree on an unscheduled on-site inspection are:

1) the absence of documents attached to the application for approval of an unscheduled on-site inspection of a legal entity, individual entrepreneur;

(see text in previous edition)

2) there are no grounds for conducting an unscheduled on-site inspection in accordance with the requirements of paragraph 2 of this article;

3) non-compliance with the requirements established by this Federal Law for the execution of a decision of a state control (supervision) body, a municipal control body on conducting an unscheduled on-site inspection;

4) carrying out an unscheduled on-site inspection that is contrary to federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation;

5) non-compliance of the subject of an unscheduled on-site inspection with the powers of the state control (supervision) body or the municipal control body;

6) verification of compliance with the same mandatory requirements and requirements established by municipal legal acts in relation to one legal entity or one individual entrepreneur by several state control (supervision) bodies, municipal control bodies.

12. If the basis for conducting an unscheduled on-site inspection is harm to life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, museum objects and museum collections included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, state security, as well as the occurrence of natural and man-made emergencies, detection of violations of mandatory requirements and requirements established by municipal legal acts, at the time of such violations due to the need to take urgent measures, state control (supervision) bodies, municipal control bodies have the right to proceed with an unscheduled on-site inspection of immediately notifying the prosecutor's office of the implementation of control measures by sending the documents provided for by parts 6 and this article to the prosecutor's office within twenty-four hours. In this case, the prosecutor or his deputy decides to approve the conduct of an unscheduled on-site inspection on the day the relevant documents are received.

(see text in previous edition)

13. The decision of the prosecutor or his deputy to approve the conduct of an unscheduled on-site inspection or to refuse to approve its conduct is drawn up in writing in two copies, one of which is presented or sent by registered mail with a return receipt or in the form of an electronic document on the day the decision is made. , signed with an enhanced qualified electronic signature, to the state control (supervision) body, municipal control body. paragraph 2 of part 2 of this article, a legal entity, an individual entrepreneur are notified by the state control (supervision) body, municipal control body at least twenty-four hours before the start of its holding by any accessible way, including by means of an electronic document signed with an enhanced qualified electronic signature and sent to the address Email a legal entity, an individual entrepreneur, if such an address is contained in the Unified State Register of Legal Entities, the Unified State Register of Individual Entrepreneurs, respectively, or was previously submitted by a legal entity, an individual entrepreneur to a state control (supervision) body, a municipal control body.

(see text in previous edition)

17. In the event that as a result of the activities of a legal entity, an individual entrepreneur, harm has been or is being caused to the life, health of citizens, harm to animals, plants, the environment, cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation, museum objects and museum collections, included in the Museum Fund of the Russian Federation, especially valuable, including unique, documents of the Archival Fund of the Russian Federation, documents of special historical, scientific, cultural significance, which are part of the national library fund, state security, and also have arisen or may arise emergencies of a natural and man-made nature, prior notification of legal entities, individual entrepreneurs about the start of an unscheduled on-site inspection is not required.(see text in previous edition)

20. In case of detection of violations by members of the self-regulatory organization of the mandatory requirements and requirements established by municipal legal acts, officials of the state control (supervision) body, the municipal control body during an unscheduled on-site inspection of such members of the self-regulatory organization are obliged to report to self-regulatory organization about the revealed violations within five working days from the date of the end of the unscheduled on-site inspection.

21. If the basis for conducting an unscheduled inspection is the expiration of the deadline for the execution by a legal entity, an individual entrepreneur of an order to eliminate an identified violation of mandatory requirements and (or) requirements established by municipal legal acts, the subject of such an inspection can only be the execution of a state control issued by a state control body ( Supervision) and (or) a municipal control authority orders.