on a complaint against a decision

in the case of an administrative offense

Judge of the Central District Court of Tolyatti, Samara Region - Onuchina I.G.,

with the participation of a representative of LLC " Management Company No. o. Togliatti - Khopryachkova M.V., acting on the basis of a power of attorney dated November 12, 2015. valid until November 12, 2016,

representative of the Administrative Commission g.about. Togliatti Melnikov VS, who submitted a power of attorney from DD.MM.YYYY. valid until December 31, 2016,

having considered in open court the complaint of the representative of Togliatti Management Company LLC against the decision of the Administrative Commission of Togliatti city dated DD.MM.YYYY on the imposition of an administrative penalty in case No.,

SET UP:

Resolution of the Administrative Commission of the city of Togliatti dated DD.MM.YYYY entity Management Company No. LLC, Togliatti, was found guilty of committing an administrative offense under Art. 10.4, part No. GD dated DD.MM.YYYY administrative offenses on the territory ", and he was sentenced to an administrative penalty in the form of administrative fine in the amount of 5000 rubles.

In the appeal, the representative of Management Company No. LLC, the city of Togliatti, asks to cancel the said decision of the Administrative Commission of the city of Togliatti and terminate the proceedings due to the absence of an administrative offense in the actions of the legal entity on the following grounds: LLC Management Company №» g.o.Tolyatti on the basis of the decision was found guilty of violating the provisions of Part 1 of Article 10. “On Administrative Offenses on the Territory”, clause 3.22 of the “Rules for the Improvement of the Territory of the City of Togliatti”, approved by the resolution of the Mayor’s Office of the city of Togliatti dated DD.MM.YYYY No.-p / 1, since the resolution states that the Company does not installed trash cans near each entrance of an apartment building. Paragraph 3.22 of the "Rules for the improvement of the territory of the city of Togliatti" establishes that in all squares and streets, in squares and parks, at stadiums, markets, public transport stops, at enterprises, organizations, objects of the consumer market and services, shops, cinemas, cultural and entertainment facilities, kiosks (regardless of the form of ownership), ballot boxes should be installed. Cleaning and installation of trash cans must be carried out in accordance with current regulations (SanPiN 42-128-4690-88 "Sanitary rules for the maintenance of populated areas"). The installation, maintenance and repair of waste bins is carried out by their owners, tenants. A bin must be installed at each entrance of an apartment building. The actions of LLC “Management Company No.”, g.o.Togliatti, do not contain the composition of the administrative offense imputed to it, provided for by Part 1 of Article 10. No. GD dated DD.MM.YYYY “On Administrative Offenses in the Territory”, since clause 3.22 of the “Rules for the Improvement of the Territory of the City of Togliatti” does not provide for and does not impose on the management company the obligation to install ballot boxes at each entrance of an apartment building. According to part 3, clause 3.22 said rules, the managing organization, which is LLC “Management Company No.”, Togliatti, is obliged to ensure only the cleaning of the trash cans, and not their installation. This rule is not subject to broad interpretation. The decision of the administrative commission No. dated DD.MM.YYYY is based on an erroneous understanding of paragraph 3.22 of section 3 of the Rules for the improvement of the territory of the city of Togliatti, approved by the decision of the mayor's office of the city of Togliatti dated DD.MM.YYYY No.-p / 1. From the literal interpretation of the above paragraph of the Rules for the improvement of the territory of the city of Togliatti, it follows that the management company is responsible for cleaning the bins, and not their installation. Based on the foregoing, Management Company No. LLC, Togliatti, considers that the decision of the administrative commission in the case of an administrative offense is unfounded, since when considering the case on the merits, the administrative commission did not take into account that the applicant was not the subject of an offense, and therefore did not may be held administratively liable.

At the hearing the representative LLC «management company №» g.o.Tolyatti Khopryachkova M.The. clarified that she fully supported the arguments of the complaint and requested the decision of the Administrative Commission of the city of Togliatti dated DD.MM.YYYY in relation to OOO Management Company No. of the city of Togliatti under Article 10.4, part No.-GD of DD.MM. YYYY "On Administrative Offenses in the Territory" to cancel, and to terminate the proceedings due to the absence of an administrative offense in the actions of a legal entity.

Representative of the Administrative Commission of the city of Togliatti Melnikov V.S. explained to the court that the case of an administrative offense against the legal entity Management Company No. LLC, Togliatti, was initiated based on the results of the audit federal law of the Russian Federation on the provision of housing and communal services to citizens, during which it was established that there were violations of the rules and norms of operation in the activities of LLC "Management Company No." in the city of Togliatti housing stock in the Russian Federation, as well as the Rules for the improvement of the territory of the city of Togliatti, and other evidence available in the case file, in particular, photographic material, according to which there are no trash cans near the entrances of the residential building, the installation of which should be organized by Management Company No. LLC of the city of Togliatti. He believes that the guilt of the legal entity has been fully proven, it is justly held liable, the punishment imposed is commensurate with the deed, and therefore there are no grounds for canceling the decision. At the same time, he explained that the decisions of the Central District Court dated 08/26/2015, 09/16/2015, 09/24/2015, which the applicant attached to the complaint as confirmation of the validity of his arguments, were mostly canceled in the appeal instance of the Samara Regional Court , about which there are decisions that he asks to attach to the case file and take into account when considering the complaint.

Having listened to the representative of Togliatti Management Company LLC, the representative of the Togliatti Administrative Commission, having examined the submitted case materials, the court comes to the following conclusions.

Article 10.4, part No. GD dated DD.MM.YYYY “On Administrative Offenses in the Territory” provides for administrative liability for failure to comply with the regulatory legal act adopted by the local government and (or) official local self-government, except for actions provided for in Articles DD.MM.YYYY, 4.11, 4.23 and 10.3 of this Law.

It follows from the case materials that in the course of checking compliance with the federal legislation of the Russian Federation on the provision of housing and communal services to citizens DD.MM.YYYY at 14:12 at: During the audit, it was established that in the activities of LLC "Management Company No." of the city of Togliatti there are violations of the rules and norms for the operation of the housing stock in the Russian Federation, as well as the Rules for the improvement of the territories of the city of Togliatti, since urns were not installed near the entrances of the apartment building in violation clause 3.22 of the Rules for the improvement of the territory of the city of Togliatti, approved by the Decree of the mayor's office of the city of Togliatti dated DD.MM.YYYY No.-p / 1 and the Decree of the mayor's office of the city of Togliatti dated DD.MM.YYYY No.-P / 1 .

Clause 3.22 of the "Rules for the improvement of the territory of the city of Togliatti", approved by the resolution of the mayor's office of the city of Togliatti dated DD.MM.YYYY No.-p / 1, provides that a trash can should be installed at each entrance of an apartment building. Cleaning of trash cans is provided by managing organizations independently or by concluding an agreement with a specialized organization.

From the materials of the case submitted to the court it follows that by the decision of the Administrative Commission of the city of Togliatti dated DD.MM.YYYY OOO Management Company No. of the city of Togliatti was brought to administrative responsibility under Part 1 of Article 10. from DD.MM.YYYY No. GD “On Administrative Offenses on the Territory” for violating clause 3.22 of the “Rules for the Improvement of the Territory of Togliatti”, namely due to the fact that LLC “Management Company No.” g.about. Tolyatti at: , did not organize work on the installation of trash cans at the entrances apartment building. This fact is confirmed by: the specified decision on the appointment of an administrative penalty in the case № from DD.MM.YYYY; a protocol on an administrative offense dated January 18, 2016; photographs, according to which there are no trash cans near the entrances of the residential building; minutes of the meeting of the administrative commission g.about. Tolyatti.

Under these circumstances, the court considers that the Administrative Commission g.o.Tolyatti correctly established the guilt of LLC «Management Company No.» g.o.Togliatti in committing an administrative offense, under Part.1 Article.10. dated DD.MM.YYYY No. GD “On Administrative Offenses on the Territory”, since LLC “Management Company No.”, Togliatti at the address:, did not organize the installation of ballot boxes at the entrances of an apartment building.

Based on the above, the arguments of the complaint of the representative of Management Company No. LLC, Togliatti, that there is no element of an administrative offense in the actions of the Company, in view of the fact that clause 3.22 of the Rules for the improvement of the territory of the city of Togliatti is not provided for and is not assigned to the obligation of the management company to install ballot boxes at each entrance of a multi-apartment residential building, and also that the legal entity is not the subject of the specified offense, the court considers untenable on the following grounds:

DECIDED:

Resolution of the Administrative Commission of the city of Togliatti No. dated DD.MM.YYYY, on the basis of which the legal entity Management Company No. LLC of the city of Togliatti was found guilty of committing an administrative offense under Art. 10.4 part No.-GD dated DD .MM.YYYY «On Administrative Offenses on the Territory», with the imposition of an administrative penalty in the form of an administrative fine in the amount of 5000 rubles, - to be left unchanged, and the complaint of the representative of OOO «Management Company No.» g.o.Tolyatti Khopryachkova M.The. without satisfaction.

The decision can be appealed to the Samara regional court through the Central District Court within ten days from the date of receipt of its copy.

It is not uncommon for residents of an apartment building to have questions regarding the placement of shops near the entrance of an apartment building. It happens that not only noisy young people gather on these benches in the evening and at night, but also those who like to drink strong drinks and smoke. In this situation, the owners quite rightly have a desire to dismantle the benches near the entrance, with a request for which they turn to the managing organization.

Consider the question does the managing organization have the right to dismantle the benches on its own near the entrance.

A more extended cast common property contained in Art. 36 Housing Code RF owners of premises in apartment building belong in common fractional ownership premises in this house that are not part of the apartments and are intended to serve more than one room in this house, including inter-apartment landings, stairs, elevators, elevator and other shafts, corridors, technical floors, attics, basements, in which there are engineering Communication, other equipment serving more than one room in this house (technical basements), as well as roofs enclosing load-bearing and non-bearing structures of this house, mechanical, electrical, sanitary and other equipment located in this house outside or inside the premises and serving more one premises, the land plot on which this house is located, with landscaping and landscaping elements and other objects intended for maintenance, operation and improvement of this house, located on the specified land plot. Borders and size land plot, on which an apartment building is located, are determined in accordance with the requirements of land legislation and legislation on urban planning.

The owners of premises in an apartment building own, use and, within the limits established by this Code and civil legislation, dispose of the common property in an apartment building. Reducing the size of common property in an apartment building is possible only with the consent of all the owners of the premises in this house through its reconstruction.

In accordance with paragraph 3 of Art. 17 of the Constitution of the Russian Federation, the exercise of the rights and freedoms of man and citizen must not violate the rights and freedoms of other persons.

The bench, located near the entrance and under the windows of the dwelling, refers to the elements of improvement of the adjacent land plot, which is in common ownership of the owners of the premises of the apartment building.

Respectively making a decision to dismantle the shop does not fall within the competence of the governing body. The decision to reduce the common property (dismantling the shop) of an apartment building must be made at general meeting owners of the premises of an apartment building on the basis of Part 2 Art. 44 of the Housing Code of the Russian Federation.

It should be noted that according to paragraph 2.13 of SNiP 2.07.01-89, when designing residential development, it should be provided for the placement of recreation areas for the adult population with a specific size of 0.1 sq.m. at a distance of 10 meters from the sites to the windows of residential and public buildings.

However, this SNiP does not extend its effect and does not impose an obligation on the managing organization to dismantle the bench, equipped according to the design decision during the construction of the building and which is part of the common property.

According to the preamble of the specified SNiP, these rules and regulations apply to the design of new and reconstruction of existing urban and rural settlements and include the basic requirements for their planning and development.

At the same time, the effect of these building codes and rules also applies to the owners of the common property of an apartment building, who are obliged to comply with it. The implementation of this SNiP is possible only with the appropriate decisions of the owners.

The foregoing indicates that the managing organization is not entitled to independently dismantle the benches near the entrance apartment building without the decision of the tenants.

We live in an apartment building. Got a question about repairs adjoining territory(parking, flower beds, benches). We live on the ground floor (about 1.5 m from the ground to our windows). Without our consent, they are going to install a bench and a trash can right under the windows of our apartment. Cleanliness and timely cleaning of the trash can is not guaranteed. Near our entrance people constantly gather to drink, sit, talk. Audibility in the apartment is terrible. How can you prevent the installation of a bench and a trash can? Is it legal to install a bench and a trash can at such a distance from the window?

Consultations: 143

The presence of installed ballot boxes is one of the requirements for the maintenance and operation of the housing stock. In accordance with paragraph 3.7.17 of the Rules and norms for the technical operation of the housing stock, approved by the Decree of the Gosstroy of the Russian Federation dated September 27, 2003 No. 170, urns must be installed on the territory of each household that correspond to the sample approved by the local self-government body. The distance between bins must be at least 50 m on sidewalks Category III, no more than 100 m - on other sidewalks, in courtyards, in places of possible formation of small waste (in front of entrances to shops, etc.).

Clause 3.7.18 of the rules states that bins should be cleaned of waste during the day as needed, but at least once a day, and washed periodically during morning cleaning.

Thus, when installing urns, there arises an obligation to clean them at least once a day, and in the summer, they also periodically wash them.

Well-known designer Artemy Lebedev wrote a blog about what the desire to benefit your neighbors leads to. Unfortunately, the story of the famous designer is as old as the world - the neighbors did not appreciate the good deeds done for them, and as a result, the desire to make the life of their yard more comfortable and civilized turned into a real conflict ... We hope that this story will serve as a lesson to those who read and teach it them, if you don’t take a personal part in the improvement of your home and yard, then at least treat other people’s work with gratitude and respect.

Soon the urn was dismantled - it was removed, as if it really was city property, all that was left of the urn were four holes from the anchors with which it was fixed ... The house began to live its own life again ...

The resilient Artemy Lebedev writes that this story, first of all, taught him the following:
"1. It will be necessary at the bins intended for installation next to residential buildings, reduce the area of ​​​​the hole into which you can put the garbage so that the bottle passes, but the bag of garbage does not fit through.
2. It will be necessary to replace the metal door to the entrance with a glass one. I have already ordered drawings of my building from the archive in order to be as close as possible to the historical version of the door. Perhaps this will improve the neighbors a little.
3. It will be necessary to develop a narrow bin for small waste - larger than for bulls, but smaller than for household waste.

In general, the design says the following:
- I take this calmly, because I know that you should never expect gratitude from anyone, but many naive, not finding sympathy, merge, - says Artemy.

He told a story that happened to the urn installed at the entrance of his house. Looking ahead, let's say that the reason for everything was the banal lack of culture of the residents.

My regular readers know that the concept of a "comfort zone", in which personal space does not end at the door of the apartment, is fundamental and organic for me. I live by this principle.

It can be put simply: I want public toilets to be as comfortable so that I can walk in them like in my own toilet. So wherever I am, I am comfortable with the space to my high standards. How many plant managers can go to the toilet in shop number 15 in their plant, and not run to their factory office, where there is a key to a personal push? That's it.

Seven years ago, I repaired at my own expense the entrance to the house in Kyiv where I lived. I just took and spent my personal money on repairs. Not a single neighbor wanted to chip in.

And when the renovation was completed, one of the neighbors said that he did not like the look of the tiles on the first floor.

I have a calm attitude to such garbage, because I know that you should never expect gratitude from anyone, but many naive, not finding sympathy, merge. And you need to implement improvements on the tank, sending all the opinions in bulk. This is the only working principle.

In my stairwell lives a neighbor Lena, a woman of amazing energy and love of life. She always leaves books by the elevator for free pickup. Or maybe put a box of strawberries with a note "Help yourself, beloved neighbors, washed strawberries!". In short, the degree of enlightenment is maximum.

And somehow she met me on the street and said, Artemy, she heard about your successes in the field of urn building. Do you, like, have a desire to put an urn next to our front door on the street, so that it would be convenient to throw out a cigarette butt or a bottle of yogurt to a weary traveler? I take upon myself, he says, the maintenance of this ballot box. It’s not far from the trash can, but I didn’t feel like giving favors to my neighbors, - she said softer, but with such meaning.

I took this request to heart, and soon a beautiful new urn appeared next to the front door, installed by specialists of all trades from our studio. A new page in the life of our house has begun.

Soon the first problem appeared. One of the neighbors decided that since they put the bin, why not throw your garbage bag into it. It takes two whole minutes to go to the tank, and the urn is right at the bottom. Lena responded:

A couple of months later:

And then there was a plebiscite that ended in ostracism. The neighbors opposed the urn on a broad front. They rushed to the office.

Then the funniest thing happened - the council decided that the city had installed the urn. Because even in Moscow, the government cannot imagine that someone will put the ballot box at their own expense. And the procedure for the liquidation of city property requires that two-thirds of the residents vote for the demolition of the ballot box. And the collection of signatures began! Free citizens approached with their shards and threw them into the voting amphora, that is, they wrote their apartment numbers with surnames, expressed their will and signed.

And the council heeded the democratic procedure, the ballot box was dismantled. It was removed as if it were city property.

And now the asphalt at my entrance is decorated with four holes from the anchor fasteners with which the urn was fixed.

What has this story taught me?

1. It will be necessary for bins intended for installation near residential buildings to reduce the area of ​​\u200b\u200bthe hole into which garbage can be inserted so that a bottle passes through, but a bag of shit does not crawl through.

2. It will be necessary to replace the metal door to the entrance with a glass one. I have already ordered drawings of my building from the archive in order to be as close as possible to the historical version of the door. Perhaps this will improve the neighbors a little.

3. No, better idea. It will be necessary to develop a narrow bin for small waste - larger than for bulls, but smaller than for household waste.