Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

On behalf of the Russian Federation

DECISION OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of July 28, 2015 No. AKPI15-589

About recognition partially invalid Item 26 of the minimum list of the services and works necessary for ensuring proper maintenance of common property in the apartment house, утв. The order of the Government of the Russian Federation of 03.04.2013 No. 290

The Supreme Court of the Russian Federation in structure:

judge of the Supreme Court of the Russian Federation Nazarova A. M.,

in case of P.'s secretary,

with participation of the prosecutor Stepanova L. E.,

having considered in proceeding in open court administrative case according to N.'s statement for recognition partially invalid Item 26 of the minimum list of the services and works necessary for ensuring proper maintenance of the common property in the apartment house approved by the order of the Government of the Russian Federation of April 3, 2013 No. 290,

established:

No. 290 is approved by the order of the Government of the Russian Federation of April 3, 2013 the minimum list of the services and works necessary for ensuring proper maintenance of common property in the apartment house (further - the List). The regulatory legal act is published on April 12, 2013 on the official Internet portal of legal information http://www.pravo.gov.ru.

According to Item 26 of the List of work on ensuring export of household waste, including pumping of liquid household waste, include: immediate export of municipal solid waste when accumulating more 2,5 of cubic meters; export of liquid household waste from the domestic toilets which are in the house adjoining territory; export of household sewage from the septic tanks which are in the house adjoining territory; the organization of places of accumulating of household waste, collection of waste of the I-IV classes of danger (the fulfilled mercury-containing lamps, etc.) and their transfer to the specialized organizations having licenses for activities on collection, use, neutralization, transportation and placement of such waste.

N appealed to the Supreme Court of the Russian Federation with the statement for recognition invalid this normative provision in the part providing export of household sewage from the septic tanks which are in the house adjoining territory, referring to the fact that it contradicts part 1 of article 36 of the Housing code of the Russian Federation and violates its property right to common property in the apartment house - septic tank, belonging to owners of premises on the right of common ownership, and also the right to rendering by management company service in export of household sewage from septic tank as the apartment house in which the premises belonging on the property right to the applicant in whom she lives together with the daughter and the adjoining apartment house are located services one septic tank located on the parcel of land of the adjoining house.

N in judicial session, about time and which place it is informed properly was not, asked to consider case in its absence.

The Ministry of Construction and Housing and Communal Services of the Russian Federation representing according to the order of June 16, 2015 No. SP-P9-3940 interests of the Government of the Russian Federation - the interested person on case, in written objections specified that the challenged provision does not contradict the current legislation, does not violate the rights and legitimate interests of the applicant.

Having discussed the applicant's arguments, having listened to objections of the representative of the Government of the Russian Federation To., having checked the challenged normative provision for compliance to the regulatory legal acts having big legal force, having heard the conclusion of the prosecutor of the Prosecutor General's Office of the Russian Federation Stepanova L. E., believing that the statement is not subject to satisfaction, the Supreme Court of the Russian Federation does not find reasons for satisfaction of the declared requirement.

According to part 1.2 of article 161 of the Housing code of the Russian Federation (further - ZhK Russian Federation) structure of the minimum list necessary for ensuring proper maintenance of common property in the apartment house of services and works, procedure for their rendering and accomplishment are established by the Government of the Russian Federation.

The government of the Russian Federation based on the specified regulation and articles 13 and 23 of the Federal constitutional Law of December 17, 1997 "About the Government of the Russian Federation" approved No. 2-FKZ the disputed List.

Part 1 of article 36 ZhK Russian Federation determines the common property belonging on the right of common ownership to owners of rooms in the apartment house according to which treat such property, in particular, the sanitary and other equipment which is in this house beyond limits or in rooms and servicing more than one rooms, the parcel of land on which this house, with elements of gardening and improvement, other objects intended for servicing, operation and improvement of this house and located on the specified parcel of land (Items 3 and 4) is located.

Owners of rooms in the apartment house bear expense burden on content of common property in the apartment house which rules of content are established by the Government of the Russian Federation (parts 1 and 3 of article 39 ZhK Russian Federation).

The subitem "d" of Item 11 of the Rules of content of common property in the apartment house approved by the order of the Government of the Russian Federation of August 13, 2006 No. 491 (further - Rules No. 491), it is fixed that depending on structure, design features, degree of physical wear and technical condition of common property, and also depending on geodetic and climatic conditions of arrangement of the apartment house content of common property includes, in particular, collection and export of solid and liquid household waste, including the waste which is formed as a result of organization activity and the individual entrepreneurs using non-residential (built in and attached) by rooms in the apartment house.

Follows from content of Item 26 of the List that export of liquid household waste from the domestic toilets which are in the house adjoining territory, and export of household sewage from the septic tanks which are in the house adjoining territory are included works on ensuring export of household waste, including pumping of liquid household waste and are one of obligations of management company on content of common property of owners of rooms in the apartment house.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.