ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 26, 2016 No. 1491

About procedure of public housing control

According to Item 17.1 of article 12 of the Housing code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Rules of implementation of public housing control.

2. Determine that on application of the Rules approved by this resolution the Ministry of Construction and Housing and Communal Services of the Russian Federation gives explanations.

Approved by the Order of the Government of the Russian Federation of December 26, 2016 No. 1491

Rules of implementation of public housing control

1. These rules establish procedure for carrying out public housing control, and also the right of subjects of public housing control.

2. Public housing control is exercised for the purpose of providing the rights and legitimate interests of the citizens provided by the housing legislation and is directed to increase in transparency, openness and efficiency of activities of the public authorities, local government bodies, state and (or) municipal organizations, other bodies and organizations performing the separate public powers provided by the housing legislation according to the Federal Laws (further - the state (municipal) bodies and the organizations performing activities in the housing sphere).

3. Subjects of public housing control are the Public chamber of the Russian Federation, public chambers of subjects of the Russian Federation, public chambers (councils) of municipalities, public councils in case of federal executive bodies, public councils under legislative (representative) and executive bodies of the government of subjects of the Russian Federation, public councils under local government bodies, public associations, other non-profit organizations, councils of apartment houses, and also other persons in accordance with the legislation of the Russian Federation.

The subject (subjects) of public housing control is the organizer of public housing control.

Citizens participate in implementation of public housing control as public inspectors and public experts.

Public experts in these rules are understood as the specialists having special knowledge and (or) experience in the sphere of the housing legislation.

4. The decision on carrying out public housing control (further - the decision on monitoring procedure) is made by the subject of public housing control and contains data on subject, form of public housing control and its organizer, terms (duration), the procedure of its carrying out and determination of results, including on procedure for preparation and execution of the resulting document by results of implementation of public housing control, and also other data provided by these rules for implementation of public housing control in certain forms or included in the decision on monitoring procedure at the discretion of the subject of public control.

5. If public housing control is carried out:

a) in the form of public check - the decision on monitoring procedure contains data (surname, name, middle name, education, qualification) of the public inspectors involved to implementation of public check;

b) in the form of public (public) hearings - the decision on monitoring procedure contains date, time and the venue, methods of expression by participants of the opinion, procedure for receipt of access to the materials which are available for the organizer of public discussion or public (public) hearings and concerning the question submitted for public discussion or for public (public) hearings.

6. The decision on monitoring procedure will be promulgated by the subject of public housing control by means of its placement in information-telecommunication network "Internet" (further - Internet network), and since July 1, 2017 - including by means of its placement in the state information system of housing and communal services.

7. Subject of public housing control are acts, drafts of acts, decisions, drafts of decisions, documents and other materials, and also actions (failure to act) of the state (municipal) bodies and organizations performing activities in the housing sphere.

8. As form of public housing control one and (or) several forms provided by the Federal Law "About Bases of Public Control in the Russian Federation" are specified.

9. Determination of the procedure of carrying out public housing control provides the description of actions and actions including the terms and methods of their making realized during implementation of public housing control.

10. The subject of public control independently determines structure of additional data for their inclusion in the decision on monitoring procedure, in addition to the data specified in item 4 of these rules.

11. Public housing control is exercised by the subject of public housing control publicly and openly with use of the data obtained from public sources including from Internet network.

12. For carrying out public housing control in the form of public check the subject of public housing control involves public inspectors in its carrying out.

13. The rights and obligations of the public inspector are determined according to the Federal Law "About Bases of Public Control in the Russian Federation".

14. For carrying out public housing control in the form of public examination the subject of public housing control involves public experts in its carrying out or creates commission of experts.

15. The commission of experts is created by the subject of public housing control of public experts.

The quantitative structure, procedure for forming and implementation of activities of commission of experts is determined by the subject of public housing control and it is specified in the decision on monitoring procedure.

16. The rights and obligations of the public expert are determined according to the Federal Law "About Bases of Public Control in the Russian Federation".

17. The citizen wishing to take part in conducting public check and (or) public examination as the public inspector and (or) the public expert within 10 days from the date of placement of the decision on monitoring procedure to Internet networks has the right to send to the subject of public housing control inquiry for attraction it for conducting public check and (or) public examination with indication of the data (surname, name, middle name, education, qualification, place of employment, work experience) (further - request) in any manner at discretion, allowing to confirm date of the direction and receipt of request.

18. The subject of public housing control reviews request within 5 days from the date of its obtaining and makes the decision on inclusion (not inclusion) of the applicant who sent inquiry in the list of the public inspectors and (or) public experts participating in conducting public examination and (or) public check which organizer is the subject of public housing control.

19. By results of carrying out public housing control by the subject of public housing control the resulting document is processed.

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