Overhaul

legislation of the Russian Federation, 2005, N 1, Art.

Putin liberated Russians over 80 years from the boat fee

2.1 of the following content:

percent ..

fifteenth and sixteenth.

Moscow Kremlin

Overview of the document

The contribution is calculated on the basis of its minimum size per 1 kV.

m of the total area of \u200b\u200bresidential premises per month established by the regulatory legal act of the region and the size of the regional

up to 14.5 thousand rubles

In Russia, the system of benefits to pay a fee for overhaul began to operate. The relevant bill was signed by the head of state last 2015, in December.

President of the Russian Federation, Vladimir Putin, at the end of last year, signed a new government bill, according to which for disabled people and the elderly, starting from January 1, 2016, there will be privileges in the field of payment of a major overhaul. Immediately after signing, the document was published by the authorities by the authorities on the official portal of legal information.

The new law allows regional authorities to partially or fully free from paying a contribution to the overhaul of single citizens aged 80 years and older. As for partial liberation, it begins to act on citizens aged from 70 years and is an indicator of up to 50% of the cost of the contribution.

In addition to single pensioners, people with disabilities I and II groups, citizens who have children with disabilities and children with disabilities receive people with disabilities and children with disabilities. These categories, as a relaxation, provides 50% compensation for the cost of paying overhaul.

It is worth recalling that the system of contributions to the overhaul of residential buildings was repeatedly criticized by the citizens and representatives of the authorities themselves.

According to official data obtained by Rosstat, from 7 to 11% of all owners of housing in Russia ignore the payment for overhaul. Many experts indicate that in the present conditions, it creates an "excessive financial load" on households.

Federal Law of December 29, 2015 N 399-FZO Amendments to Article 169 of the Housing Code of the Russian Federation and Article 17 of the Federal Law on Social Protection of Disabled in the Russian Federation

Article 169 of the Housing Code of the Russian Federation (meeting

art. 7596; 2013, N 52, Art. 6982; 2015, N 27, Art. 3967) add part

2.1 of the following content:

2.1. The law of the constituent entity of the Russian Federation may be provided

providing compensation for payment to pay for capital

repair calculated on the basis of the minimum contribution size to

overhaul on one square meter of the total area of \u200b\u200bresidential premises

a month established by the regulatory legal act of the subject of the Russian

Federation, and the size of the regional standard of the regulatory area of \u200b\u200bresidential

premises used to calculate subsidies, lonely living

non-working owners of residential premises that have reached the age of seventy

years, in the amount of fifty percent, eighty years, in the amount of a hundred

percent, as well as living in the family consisting only of

jointly living non-working retirement citizens,

owners of residential premises that have reached the age of seventy years - in

fifty percent, eighty years, - in the amount of a hundred

percent ..

N 181-FZ on the social protection of persons with disabilities in the Russian Federation (meeting

legislation of the Russian Federation, 1995, N 48, Art. 4563; 2005, N 1,

art. 25; 2008, N 30, Art. 3616; 2012, N 30, Art.

It is proposed to release individual categories of citizens from paying fees to overhaul

4175; 2014, N 49, Art. 6928;

2015, N 27, Art. 3967; N 48, Art. 6724) The following changes:

1) add a new part of the fourteenth following content:

Disabled people I and II groups, disabled children, citizens having

children with disabilities, compensation for payment of a fee on

overhaul of common property in an apartment building, but not more

50 percent of the specified contribution calculated on the basis of the minimum

fee for overhaul on one square meter total

square of residential premises per month established by regulatory legal

act of the constituent entity of the Russian Federation, and the size of the Regional Standard

regulatory area of \u200b\u200bresidential premises used to calculate subsidies

for the payment of residential premises and utilities.;

fifteenth and sixteenth.

President of the Russian Federation V. Putin

Moscow Kremlin

Overview of the document

standard of the regulatory area of \u200b\u200bresidential premises used to calculate subsidies.
Lonely living non-working owners of residential premises, which have reached the age of 70, as well as living in a family, consisting only of jointly living non-working citizens of the retirement age, the owners of residential premises that have reached the age of 70 years will compensate 50%. For the age of 80, in both cases, compensation is 100%.
For people with disabilities I and II groups, disabled children, citizens who have children with disabilities, and compensation is provided for no more than 50%.
The amendments come into force on 01/01/2016.

On increasing the size of the minimum pension in Moscow

Accordingly, regional social surcharges to pensions will be increased from this date. In addition, we decide to increase by 40 percent of compensation to the participants of Moscow defense. Since the next year, payments to the participants of Moscow defense will amount to 4 thousand rubles. © 19942008 GKU City Center for Housing Subsidy

Putin signed a law on benefits when paying overpars

In Russia, the system of benefits to pay a fee for overhaul began to operate. The relevant bill was signed by the head of state last 2015, in December.

It is worth recalling that the system of contributions to the overhaul of residential buildings was repeatedly criticized by the citizens and representatives of the authorities themselves.

Article 169 of the Housing Code of the Russian Federation (meeting

legislation of the Russian Federation, 2005, N 1, Art. fourteen; 2012, N 53,

art. 7596; 2013, N 52, Art.

Who is exempt from paying for overhaul

6982; 2015, N 27, Art. 3967) add part

2.1 of the following content:

2.1. The law of the constituent entity of the Russian Federation may be provided

providing compensation for payment to pay for capital

repair calculated on the basis of the minimum contribution size to

overhaul on one square meter of the total area of \u200b\u200bresidential premises

a month established by the regulatory legal act of the subject of the Russian

Federation, and the size of the regional standard of the regulatory area of \u200b\u200bresidential

premises used to calculate subsidies, lonely living

non-working owners of residential premises that have reached the age of seventy

years, in the amount of fifty percent, eighty years, in the amount of a hundred

percent, as well as living in the family consisting only of

jointly living non-working retirement citizens,

owners of residential premises that have reached the age of seventy years - in

fifty percent, eighty years, - in the amount of a hundred

percent ..

N 181-FZ on the social protection of persons with disabilities in the Russian Federation (meeting

legislation of the Russian Federation, 1995, N 48, Art. 4563; 2005, N 1,

art. 25; 2008, N 30, Art. 3616; 2012, N 30, Art. 4175; 2014, N 49, Art. 6928;

2015, N 27, Art. 3967; N 48, Art. 6724) The following changes:

1) add a new part of the fourteenth following content:

Disabled people I and II groups, disabled children, citizens having

children with disabilities, compensation for payment of a fee on

overhaul of common property in an apartment building, but not more

50 percent of the specified contribution calculated on the basis of the minimum

fee for overhaul on one square meter total

square of residential premises per month established by regulatory legal

act of the constituent entity of the Russian Federation, and the size of the Regional Standard

regulatory area of \u200b\u200bresidential premises used to calculate subsidies

for the payment of residential premises and utilities.;

fifteenth and sixteenth.

President of the Russian Federation V. Putin

Moscow Kremlin

Overview of the document

Disabled and some pensioners will benefit contributions to overhaul.
Adjusted LCD RF and the Law on Social Protection of Disabled.
It is enshrined that the law of the region may provide for the provision of compensation for the payment of a contribution to overhaul.
The contribution is calculated on the basis of its minimum size per 1 kV. M of the total area of \u200b\u200bresidential premises per month established by the regulatory legal act of the region and the size of the regional

On increasing the size of the minimum pension in Moscow

Moscow authorities increased the size of the minimum pension from March 2016 by Rain Created by 12/09/2015 10:03 On Tuesday, December 8, at a meeting of the government's presidium, a resolution was adopted "On approval of the sizes of individual social benefits for 2016". Earlier, the question of the need to increase surgery of Moscow Mayor Sergei Sobyanin discussed at meetings with urban veteran and organizations. From March 1, payments will increase by 20 percent up to 14.5 thousand rubles, said the metropolitan garde on the social standard of income non-working retirees. Accordingly, regional social surcharges to pensions will be increased from this date. In addition, we decide to increase by 40 percent of compensation to the participants of Moscow defense. Since the next year, payments to the participants of Moscow defense will amount to 4 thousand rubles. © 19942008 GKU City Center for Housing Subsidy

Who is released from paying overhaul

80-year-olds were freed from payampare

Phone lawyer MSK +7 (499) 653-60-72 ext. 338 SPb +7 (812) 426-14-07 ext. 309.

The State Duma adopted a law, giving the right to subject to the subjects of the Russian Federation over 80 years old from the obligation to pay for overhaul and reduce the amount of contributions by 50% for the people who have reached 70 years, as well as for the disabled of the first and second groups.

The initiative was made by deputies of the Fair Russia faction. Subsequently, the authors also entered the representatives of United Russia.

"The law of the subject of the Russian Federation may provide for the provision of compensation for the payment of a fee for overhaul ... Lonely living non-working owners of residential premises that have reached the age of seventy years, - in the amount of 50%, eighty years, - in the amount of 100%," the law says .

Similar benefits are assumed to the owners who have reached 70 and 80 years, respectively, in case they live in families, "consisting only of jointly living non-working retirement citizens."

The law will affect more than 10 million Russians

As indicated earlier, speaking to journalists, deputy chairman of the State Duma Committee on Housing Policy and Housing and Communist Party Pavel Kachkaev (United Russia), on Friday, about 2.7 million lonely pensioners live in Russia. "Thus, this benefit will concern almost 3 million older citizens of the Russian Federation," he said.

According to the law, "persons with disabilities of the first and second groups, disabled children, citizens with disabled children, are compensated for payment for payment of a fee for overhaul", "but not more than 50% of the specified contribution." At the same time, the fee is calculated, based on the minimum amount of the contribution to overhaul on one square meter of the total area of \u200b\u200bresidential premises per month established by the regulatory legal act of the subject of the Russian Federation, and the size of the regional standard of the regulatory area of \u200b\u200bresidential premises used to calculate subsidies for the payment of residential premises and utilities Services.

As Kacheev pointed out, the law will affect more than 10 million Russians. He also explained that the mechanism of benefits would be developed by two departments - Mintruda and the Ministry of Construction. "I think the number of references (which benefits will need to be collected for registration of benefits) will be minimal," he indicated.

Putin signed a law on benefits when paying overpars

In Russia, the system of benefits to pay a fee for overhaul began to operate. The relevant bill was signed by the head of state last 2015, in December.

It is worth recalling that the system of contributions to the overhaul of residential buildings was repeatedly criticized by the citizens and representatives of the authorities themselves.

Article 169 of the Housing Code of the Russian Federation (meeting

legislation of the Russian Federation, 2005, N 1, Art. fourteen; 2012, N 53,

art. 7596; 2013, N 52, Art. 6982; 2015, N 27, Art. 3967) add part

2.1 of the following content:

2.1. The law of the constituent entity of the Russian Federation may be provided

providing compensation for payment to pay for capital

repair calculated on the basis of the minimum contribution size to

overhaul on one square meter of the total area of \u200b\u200bresidential premises

a month established by the regulatory legal act of the subject of the Russian

Federation, and the size of the regional standard of the regulatory area of \u200b\u200bresidential

premises used to calculate subsidies, lonely living

non-working owners of residential premises that have reached the age of seventy

years, in the amount of fifty percent, eighty years, in the amount of a hundred

percent, as well as living in the family consisting only of

jointly living non-working retirement citizens,

owners of residential premises that have reached the age of seventy years - in

fifty percent, eighty years, - in the amount of a hundred

percent ..

N 181-FZ on the social protection of persons with disabilities in the Russian Federation (meeting

legislation of the Russian Federation, 1995, N 48, Art. 4563; 2005, N 1,

What categories of citizens of SPb are exempt from paying for overhaul

25; 2008, N 30, Art. 3616; 2012, N 30, Art. 4175; 2014, N 49, Art. 6928;

2015, N 27, Art. 3967; N 48, Art. 6724) The following changes:

1) add a new part of the fourteenth following content:

Disabled people I and II groups, disabled children, citizens having

children with disabilities, compensation for payment of a fee on

overhaul of common property in an apartment building, but not more

50 percent of the specified contribution calculated on the basis of the minimum

fee for overhaul on one square meter total

square of residential premises per month established by regulatory legal

act of the constituent entity of the Russian Federation, and the size of the Regional Standard

regulatory area of \u200b\u200bresidential premises used to calculate subsidies

for the payment of residential premises and utilities.;

fifteenth and sixteenth.

President of the Russian Federation V. Putin

Moscow Kremlin

Overview of the document

On increasing the size of the minimum pension in Moscow

We continue to work together with the company "Life-Service", where we will affect the highest topics of housing and communal services. A few years ago there was a new payment for overhaul, however, to this day there are those who ignore this receipt.

For many years, the opinion is emerging on the Internet that the alleged Supreme Court of Russia with its decision recognized the collection of contributions to overhaul illegal. In a situation, the head of the Housing and Communal Services of the Housing and Communal Services "Akto" Center for Distance Learning will be able to disassemble.

The essence of falsework

Determination of the Supreme Court of the Russian Federation from the fourth of June 2014 No. 57-UPG14-2 was submitted following the consideration of the appeal against the decision of the Belgorod Regional Court from the tenth of February of the same year. The citizen was denied the satisfaction of the claims for recognizing the federal legislation and the invalid law of the Belgorod Region of January 31, 2013 "On the creation of a system for financing the capital repairs of common property in apartment buildings of the Belgorod region."

Among other things, the definition contains a phrase: "The contested law does not violate the rights and legitimate interests of the applicant, since it is not established the obligation of the owners of apartment buildings to pay for overhauls." It is this phrase that supporters of falsework are used about the absence of the obligation of payment of contributions to overhaul, often paraphrasing it in about this form: "By definition of the Armed Forces of the Russian Federation of 04.06.2014 No. 57-UPG14-2, the fee for overhaul is not mandatory."

Additionally, two more arguments are often given:

The regional operator of the Kyrgyz Republic is a fund, and according to Article 7 of the Federal Law No. 7 of 12.01.1996 No. 7-FZ "On Non-Profit Organizations", the Foundation is recognized as non-commercial organization established by citizens (or) legal entities based on voluntary property contributions. Consequently, payment of contributions to the regional operator for the overhaul is exclusively voluntary, no duties on the owners of the apartment buildings are forcibly assigned to be.

The Constitution of Russia does not provide for a fee for non-existent services. Therefore, it is unacceptable to charge some not yet provided services, and therefore - work on capital repairs can be paid exclusively after their conduct, and not before not only the work themselves are not yet made, but also their performer is not yet determined; estimates

Based on the three presented arguments of falsechetics make conclusion about the illegality of charming contributions.

What did the Supreme Court of Russia really?

In definition it is indeed stated that the law of the Belgorod region is not established for the payment of payment of contributions to the overhaul, but only because such a responsibility is established by the federal legislation of Russia. The Supreme Court indicates that on the basis of parts 1, 3 of Article 158 of the LCD RF, the owner of the premises in an apartment building (hereinafter - the MCD) is obliged to carry the costs of the maintenance of the premises belonging to it, as well as to participate in the cost of the main property in terms of the principle of common property on This property is by making fees for the maintenance and repair of residential premises and contributions to the overhaul.

The obligation to pay for the costs of overhaul applies to all the owners of the premises since the event of ownership of this house.

The Supreme Court also indicates that, according to Article 167 of the LCD of the Russian Federation, the state authorities of the constituent entity of the Russian Federation adopt regulatory legal acts, which the regional operator is created, the question of the formation of its property is being decided, the constituent documents are approved, the procedure for its activities are established. With regard to the case under consideration, the Russian Armed Forces clarifies that, refusing to satisfy the stated requirements, the court proceeded from the fact that the challenged law is adopted by the subject of the Russian Federation within the credentials provided to him in the development of the provisions of Article 167 of the LCD RF and aims to regulate the creation and activities of the regional operator.

But hereinafter, this is the most burned out of the context of the definition of the phrase: "Thus, the court reasonably concluded that the contested law does not violate the rights and legitimate interests of the applicant, since it is not established the obligation of owners of apartment buildings for payments to capital repairs".

If you read the entire text of the definition, the impression is no longer created that the Supreme Court (Sun) has established a lack of responsibility for paying contributions to overhames.

In addition, it is necessary to recall that the Supreme Court may quoted the definition of the Supreme Court refused. Requirements took place in the abolition of the decision of the Belgorod Regional Court, but the Armed Forces of the Russian Federation recognized this decision legally and reasonable. Belgorod Regional Court, in turn, decided (exactly those appealed, but left in force of February 10, 2014 in case No. 3-3 / 2014): "In satisfaction of the statement ... on the recognition of the Law of the Belgorod region with contradictory legislation" On the creation of the system Financing the capital repairs of common property in apartment buildings of the Belgorod Region ", adopted by the Belgorod Regional Duma 01/24/2013, refuse."

That is, the Belgorod Regional Court recognized the compliance of the Law of the Belgorod region by the federal legislation of the Russian Federation and did not establish violations, and the Supreme Court confirmed the correctness of the decision.

Moreover, it was the Belgorod Regional Court that applied in its decision that the phrase quoted with falsechetics: "Thus, the challenged law does not establish the obligation of the owners of the apartment buildings on the payment of major overhaul contributions."

Supporters considered in this Article Lzheteoria are purposefully referring not to the decision of the Belgorod Regional Court, but on the definition of the Supreme Court of the Russian Federation in order to give more importance to its arguments, but in fact the Armed Forces of the Russian Federation only quoted the verifiable court decision.

It is important to note that in solving the Belgorod Regional Court for the quoted phrase, there was a continuation, all expanding in its places - a literal court in its decision indicated: "Thus, the disputed law does not establish the obligation of the owners of apartment buildings to pay major overhaul of premises. These responsibilities are directly provided for by federal law. "

Category of citizens liberated from paying overhaul

Of course, false detectors chose not to notice this phrase, which destroys the myth promoting.

About voluntary contributions to the fund

We will analyze the norm of the law 7-ФЗ on voluntary contributions to the funds.

Part 1 of Article 7 of the Law 7-FZ really establishes: "For the purposes of this Federal Law, the Fund recognizes non-membership non-profit organization established by citizens and (or) legal entities based on voluntary property contributions and pursuing social, charitable, cultural, educational or other socially Useful goals ... ".

However, at the same time, part 4 of the same article reads: "The features of the creation and activities of funds of individual species and management of them can be established by federal laws on such funds."

It is in accordance with the Russian Housing Code of the Housing Code of Russia provided for a separate type of funds - regional overhaul operators. Chapter 17 (Articles 178-188) LCD of the Russian Federation regulates the procedure for the formation of capital repairs funds by the regional operator and the procedure for the activities of the regional operator on the financing of overhamerta. These norms of the LCD RF, among other things, establish a special procedure for using a regional cash operator and a number of restrictions not provided for by the norms of the 7-FZ law on such non-profit organizations as funds.

It should be reminded a few more norms of the legislation of the Russian Federation. Part 1 of Article 169 of the LCD RF directly obliges owners to pay monthly contributions to the overhaul of common property. That is, no voluntary choice, pay or not to pay contributions, in this case the speech does not go. Article 170 of the LCD of the Russian Federation establishes the right of owners to choose the procedure for the accumulation of funds. It must be remembered that the general meeting of the owners of the premises has the right to choose a method for the formation of the overhaul fund, and the choice of a particular way is made voluntarily. The lack of a decision on the choice of a method for the formation of the overhaul fund equal to the choice of a method for the formation of the overhaul fund at the regulator's current account. But does the rejection of the solution in this case are not voluntary?

Additionally, it is possible to recall the existence of a number of non-profit organizations created in the organizational and legal form of the Fund, contributions to which are not at all voluntary. Such organizations include the Pension Fund or the Mandatory Medical Insurance Fund.

To be continued…

Dmitry Nifontov

For your information

"The people became more neat and trying to prevent the growth of debts!"