The COP examines the complaint to charge for the repair
The constitutional court decided to review two requests of deputies of the state Duma, devoted to pay for the repair. This is stated in materials on the court’s website. Date of consideration of the case has not been scheduled yet.
With a request to review for compliance with the RF Constitution the provisions about the mandatory fee for major repairs in the COP turned two Duma factions: the “Fair Russia” and the Communist party. “Social revolutionaries”, in particular, challenged part 4 of article 179 of the Housing code of the Russian Federation, according to which the operator can “throw” the money raised for the repair of residents at home, at work in another house.
As noted by the deputies, the homeowners are placed in a “common pot” without their will. We will remind, under the law, citizens can decide how to accumulate funds for capital repairs: on account of the regional operator (using a “common pot”) or in the individual account of an apartment building. “They were there [in the pot] out of ignorance, slowness, inability to hold a General meeting”, — said the head of the Duma Committee on housing policy and housing Galina Khovanskaya, member of the faction “Fair Russia”.
The Communists asked the high courts to check out part 1 of article 169 and paras 4 and 7 of article 170 of the Housing code of the Russian Federation. The first article States that the owners of premises in an apartment house are obliged to pay monthly contributions for capital repair of common property, the second defines the right of local authorities to decide where to accumulate the funds collected, if the people do not decide this question. According to deputies from the Communist party, the law on contributions for major repairs is contrary to the Housing code of the Russian Federation and the law on privatization. In documents on the court’s website does not specify, what exactly, according to the Communists, the law contradicts the Constitution.
Earlier, the leader of the CPRF Gennady Zyuganov urged to freeze the law on raising funds for major repairs of apartment houses and to accept the proposal of the Communists: 85% funded by the state and 15% — at the expense of citizens.
The law which requires owners of housing in apartment buildings to pay for the overhaul, was adopted in late 2012. To act in different regions of the country, he began at different times. In particular, for Moscow, the fee was introduced on 1 July 2015 and amounted to 15 rubles per sq. m. In St. Petersburg cost for the overhaul was introduced in the late 2014. Then, it was a maximum of 2 rubles and square meters of housing. From 1 January 2015 the maximum fee increased to 3 rubles per sq. m., in 2016 it will grow by another 50 cents.
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