From August 30, 2015, there is a new edition of the Housing Code of the Russian Federation, which makes changes to the procedure for granting the results of the voting and decisions of the MKD residents adopted at the general meeting of owners. The Federal Law No. 176 dated June 29, 2015 regulates the procedure of sending to the GWN authority of copies adopted at the meeting of decisions of the MKD tenants on the voting results, and oSS protocols.
Under the hood
The authorities decided to establish total control over the management companies, and therefore added to. This supplement obliges managing companies Send to the GSH authority a copy of the OSS protocols and solutions adopted at the meetings of the MKD residents. The temporary regulation limits the deadline for sending documents 5 days from the date of their receipt from the MKD residents. GZHN undertakes to keep solutions and OSS protocols for 3 years.
In turn, the MKD residents represented by the initiator general Assembly Also undertake within 10 days from the date of its implementation, provide a copy of the SFS solutions and protocols to its management company. Agree to Part 3 of Article 46 of the LCD of the Russian Federation, the decision of the General Assembly of the Owners and the results of the voting are brought to the MKD residents with the initiator of the meeting also within 10 days from the date of its implementation.
Online GIS Housing ... Must B. obligatory OSS decisions and protocols from July 1, 2016 are published in those regions where the agreement on the experienced operation of the system is not concluded. In the same regions, where such an agreement was concluded, the decisions of the MKD residents and the OSS protocols should be published after 4 months from the date of entry into force of this Agreement, but no later than July 1, 2016.
According to officials, strict control over management companies on the completeness and timeliness of the execution of decisions of residents of residents in the MCD will reduce complaints of the owners of the premises in GGG and the courts for challenging or appealing the Action of the Criminal Code. According to new edition The law, if in a row 2 or more OSS protocols with different decisions of the MKD residents in the same assembly agenda, the department must hold the department unscheduled inspection of this management company.
The task of verification of the Criminal Code by the GZHN body is the identification of the fact of compliance or non-compliance with the requirements of the organization's legislation, the procedure for conducting and designing the results of the Assembly. The focus of the inspection bodies will also investigate the reasons why the MKD tenants repeatedly consider the same question at the meeting.
Falsification of the OSS protocol will fall under criminal punishment
The amendments to the LCD RF also imply criminal liability for falsification of the OSS protocol. According to Part 1 of Article 46 of the renewed housing code, the decisions of the MKD tenants and the OSS protocol are becoming official documents that certify the facts and entail legal consequences in the form:
- laying on the residents of the MKD duties on the issues of general property
- changes in terms of rights and obligations
- liberation of owners of premises in the MKD from their duties
Therefore, the decisions of the residents of the MKD and the OSS protocols are subject to placement in the system GIS Housing ... The initiator of the General Assembly. If the OSS protocol is compiled with violations, the court may recognize it invalid. Only the owners of the premises in the MCD are entitled to protest or appeal in court a decision taken with a violation of the requirements of the LCD of the Russian Federation at the general meeting of residents, if they did not participate in the voting or voted against its adoption, as well as if their rights or interests are violated. The management company does not possess such a right, because it is not the owner of the premises in the MCD.
A responsibility
Fake oSS protocolfalls under criminal penalty According to Article.327 of the Criminal Code of the Russian Federation until imprisonment. According to Part 1 of this article, for the fear of official documents that provide, change or limit the rights, criminal liability is established for their use or sales:
- restrictions / deprivation of liberty for up to 2 years
- forced work for up to 2 years
- arrest for up to 6 months
Under Art.327 part 3 of the Criminal Code of the Russian Federation for the use of obviously substrate documents faces:
- penalty of up to 80,000 rubles
- penalty in the amount of salary or other income of the perpetrator for the period up to 6 months
- mandatory work for a period of up to 480 hours
- correctional work for up to 2 years
- arrest for up to 6 months
Falsification of documents with official legal status punishable by law. For a fake protocol of the General Meeting of Owners (Official Document), criminal liability is provided. If you suspect that the overall voting results are decorated in the protocol are falsified, please contact the prosecutor's office immediately and authorize the check.
Also, in violation of your rights (as the owner of the apartment), call a lawyer and cook statement of claim against the initiator of the meeting or management company.
The guilty side should incur maximum punishment under the Criminal Code of the Russian Federation and compensate for all the damage that has been applied to the owners of the protocol for fake.
What punishment threatens for a fake protocol of the General Assembly of Owners
The general meeting was passed, the owners decided, the initiator issued the final protocol. But for some reason, the use of the registry does not correspond to the decisions that were accepted on the vote.
Residents appeal to the management company or watch the state information system "LCD reform" protocol and understand that he is fake. What to do in such a situation? Is it possible to punish the perpetrators throughout the rigor of the Criminal Code Russian Federation For fake?
Russia provides punishment for falsifying official documents. The protocol of the General Assembly of Owners is the status of an official register with all the resulting legal consequences (Art. 46 LCD RF). This means that the guilty persons can be brought to justice under the Criminal Code of the Russian Federation for falsifying the final form of the General Assembly.
Fake may be calculations or signatures of responsible persons - the protocol of the General Assembly of Owners contains a large amount of information that can be distorted in the interests of specific figures.
Moreover, the final register of the collected owners contains data, the use of which directly affects the financial operations of the Criminal Code (procurement, repair, distribution of revenues from rental), and such documents are quite often falsified.
That is why the fake protocol of the General Assembly of Owners entails not an administrative penalty, but a real punishment on the norms of the Criminal Code of the Russian Federation.
There are two options for fakes of any official documents (including the protocol) - intellectual and material / physical belfurn. For falsification and the fact, and in other ways, guilty persons are punished under Article 327 of the Criminal Code.
The intellectual bench implies the distortion of the meaningful part of the protocol of the General Assembly of Owners. Under the material flag is understood to the physical adjustments of the protocol (fake signatures, manual data correction).
If the owners suspected any type of falsification in the protocol of the General Assembly, it is necessary to immediately contact the Russian Prosecutor's Office. The prosecutor will explore the entire available material and initiates the check. The police are engaged in the criminal case, there should be to contact immediately or after the end of the verification of the prosecutor.
If a prosecutor's check It will identify violations in the Register of the General Assembly of Owners, the prosecutor's office will decide on the initiation of the case under Article 327.
The prosecutor will independently send all materials to the police check and will initiate criminal prosecution. If the prosecutor's office does not respond to your complaint, then redirect it to the police. In this case, you will have to interact with the authorities directly. This is what punishment in the Criminal Code expects those perpetrators in falsification of the Protocol:
- 2 years of imprisonment;
- 2 years of forced work;
- 2 years of restrictions;
- half a year of temporary conclusion (arrest);
- fine 80 000 rubles (or in size wages For six months) - for the obviously intentional use of a substrate protocol.
The degree of punishment depends on the severity of the offense. For example, if it is possible to prove that the guilty face purposefully used a falsified document meeting of owners, then, in accordance with the Criminal Code, they can assign correctional work within two years or mandatory work up to 480 hours. In some cases, it is also arrested for up to six months.
The most difficult thing in this situation is to prove the involvement and guilty of specific persons. The intellectual forgery is almost unclear - people responsible for drawing up the Registry of the General Assembly may refer to the fact that they did not know how to count the voices for the protocol, they were confused in bulletins or simply some decisions of owners were missed.
The physical flag is more obvious - fake signatures and technical adjustments in the protocol are easily proven and punished throughout the rigor of the Criminal Code of the Russian Federation. Moreover, the form does not indicate the compiler, and confirm the fact of compiling the document concrete person Very problematic.
But this does not mean that the guilty persons should not be involved. Even if it is not possible to identify specific violators, the appeal to law enforcement or supervisory instances will lead to another positive result - the authorities will begin a general verification.
Moreover, not only documents on this specific meeting of owners will be checked, but also all the activities of the management company for the last period. And if the protocol detects inaccuracies, errors and violations, then the punishment on the Criminal Code will follow.
Such a document will be prohibited by the use of intended purpose, and all decisions taken will cancel. Therefore, the organs need to be handled anyway. Even if you can't identify specific guilty people and call them responsibility, law enforcement officers will do it for you.
How to avoid falsification protocol
All preventive measures to combat the fear of documents are quite obvious and logical. First of all, you need to carefully choose the composition of the participants of the Council apartment house.
It is on them that managers shift all responsibility for their actions. The initiator of the meeting of owners is usually served by one of the members of the House Council, and all claims are as a result of it.
Therefore, the choice of participants in such a Council is so important. Responsible people will not go to collusion with the management company and the forgear of documents - a reputation for them is much more important.
Another important method of falsification prevention method is the constant reporting of the board of the house before residents. This rule should be made to the regulation of the activities of the Outdoor Manager. The more often the responsible persons are reported, the less likely to fake documents.
An important step will be the approval of the form of the protocol itself. If the owners lead to the general type of the form of the final document, it will be easier for them to determine disorders in the content.
Another nuance is constantly studying the documents in the process of voting. This is not only your right, but also the duty - you should have a clear idea of \u200b\u200bthe agenda and issues. This will give you the opportunity to detect a distortion in the content.
Now another preventive measure is available - the protocol is compulsory placed on open Internet resources. The procedure for falsification is complicated by the fact that the protocol document is exploring supervisory authorities in the field of housing and communal services.
After completing the voting of the owners, the final document is drawn up (within 10 days after the end of the meeting). The initiator transfers the register into a management company that redirects it to the supervisory authority for 5 days.
Next, the management company is obliged to place the protocol on its official website and on the website of the utility reform. Residential / non-residential property owners in apartment house study the document and when discrepancies are discussed law enforcement agencies. This will follow the inspection and punishment of guilty persons.
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Pick up a company in several clicks\u003eMoscow. VAO.RF - the protocol of the general meeting of the owners of an apartment building is an official document, due to the fact that this is determined by part 1 of article 46 of the Housing Code of the Russian Federation. His fake - criminal offense.
As stated in the specified article " ... Solutions and minutes of the general meeting of the owners of premises in an apartment building are official documents as documents certifying the facts entailing legal consequences in the form of laying on the owners of premises in the apartment building of duties in relation to common property in this house, changes in the volume and obligations or the liberation of these owners from duties, and is subject to placement in the system by the person initiated the general meeting ...".
And now since the entry into force of new amendments to the LCD of the Russian Federation, a fake protocol of the General Assembly of Owners falls under 327 Article of the Criminal Code of the Russian Federation.
Earlier in forensic practice, there was an extremely unpleasant incident when the relevant authorities refused to initiate criminal cases under Article 327 of the Criminal Code of the Russian Federation "Fake, the manufacture or sale of fake documents" in the case when the protocol of the General Assembly of Owners was fished, forged the signatures of individual owners, or The protocol is made at all. The reason for the failure was always the same: the protocol of the General Meeting of Housing owners in an apartment building and decisions of owners, according to the investigation bodies, were not official documents.
Unclean management companies or individual employees of the GKU IP raised the protocols of meetings, violated the procedure for holding a meeting, as a result of which the owners carried huge losses, but no one carried criminal responsibility.
Now it is fixed and imprisoned in prison of falsifiers will be much easier. Help the prosecutor's office and police to expose and punish counterfeitors!
Small prison chamber. View outside.
Prison chamber for several people. Inside view.
Do not forget that from December 1, 2014, management companies have a duty to post the protocols of owners' meetings on their own websites on the Internet and on the reform site.
Find your home there and further in the "Management" section - "General meetings" Watch the protocols of the general meetings of your home and if these meetings were not actually - immediately report it to Prosecutor's Office and Moszhylistry. Also in the section "Management" - " Managing organization"At the bottom should be attached "Management contract"Your home. Carefully read this document if you or someone from your neighbors have previously signed an agreement in writing, then deposit - there is no difference. And if it is suddenly there is a difference, that is, the management company has made some changes to the management agreement, a criminal offense probably occurred: a fake protocol of the General Assembly and the fake of the management contract.
But the fake management contract is extra payments and huge losses for owners who can lead to loss of an apartment.
If there is no information about the collection of owners on the site "Reform utilities" at your house there is no, then look at the site "House of Moscow".
Entering the address of its home, you can immediately detect information about the vocosage of the board of the house and the number and date of the protocol of the general meeting of owners on the selection of the board of the house. There is also a menu item "Information about the general meetings of housing owners in an apartment building ".
If you really did not conduct such a meeting, it means that the decision on the choice of the board of the house and the protocol was also forged, that is, a criminal offense was committed - immediately report it to The prosecutor's office and the Moszhilospectoration, because it is not known what other decisions, except for the fake elections of the board of the house, were adopted using a fake protocol and what material damage It can apply to you and your home.
To begin with, write a statement in Managing company And get the protocol of the General Assembly, which must be decorated properly! Namely:
Article 46. Decisions of the General Meeting of Owners of Rooms in an apartment building
[Housing Code of the Russian Federation] [Chapter 6]
1. Decisions of the general meeting of owners of premises in an apartment building on issues posed on the vote, accepted by a majority vote from the total number of votes of participating in this meeting of the owners of premises in an apartment building
, with the exception of paragraph 1.1 of Article 44 of this Code of decisions, which are accepted by more than fifty percentages of votes from the total number of votes of the owners of premises in an apartment building, and provided for in paragraphs 1, 1.1-1, 1.2 - 3.1, 4.2, 4.3 of part 2 of the article 44 of this Code of Decisions, which are made by a majority of at least two thirds of the votes from the total number of votes of the owners of the premises in an apartment building. Decisions of the general meeting of the owners of premises in an apartment building are issued by protocols In accordance with the requirements established by federal organ executive powercarrying out functions for developing and implementing public Policy and regulatory regulation in the field of housing and communal services. Solutions and minutes of the general meeting of the owners of premises in an apartment building are official documents as documents certifying the facts that entail legal consequences in the form of laying on the owners of the premises in the apartment building of duties regarding common property in a given house, changes in the volume and obligations or liberation of these Owners from duties, and subject to accommodation in the system by a person initiated a general meeting. Copies of decisions and minutes of the general meeting of the owners of premises in an apartment building are subject to obligatory submission of a person, on the initiative of which the general meeting was convened, to the management organization, the board of the partnership of the owners of housing, housing or housing cooperative, other specialized consumer cooperative no later than ten days After the general meeting of the owners of the premises in an apartment building.
1.1. Managing organization, Board of partnership owners of housing, housing or housing cooperative, other specialized consumer cooperative for five days from the date of receipt of those specified in part 1 this article Copies of decisions and minutes of the general meeting of the owners of premises are obliged in accordance with the procedure established by the federal executive body, performing functions to develop and implement state policies and regulatory management in the field of housing and communal services, send copies of the specified decisions and protocols, including using Systems, to the state housing supervision for storage for three years. The body of the State Housing Supervision in the event of an admission to its address within three months in a row of two or more minutes of the general meeting of the owners of premises in an apartment building containing decisions on similar issues of the agenda, is obliged to conduct an unscheduled verification to establish the fact of compliance with the requirements of the legislation when organizing, conducting and registration of the results of such a meeting.
2. The general meeting of the owners of the premises in an apartment building is not entitled to make decisions on issues not included on the agenda of this meeting, as well as to change the agenda of this assembly.
3. Decisions taken by the general meeting of the owners of premises in an apartment building, as well as the results of the voting, bring to the attention of the owners of the premises in this house by the owner specified in Article 45 of this Code of another person, on the initiative of which such a meeting was convened by posting the appropriate report on this In the premises of this house, determined by the decision of the general meeting of the owners of the premises in this house and accessible to all owners of the premises in this house, no later than ten days from the date of the adoption of these decisions.
4. Protocols of general meetings of the owners of premises in an apartment building and solving such owners on issues posed on the vote are stored in place or at the address that are determined by the decision of this Assembly.
5. The decision of the general meeting of the owners of premises in an apartment building, adopted in the procedure established by this Code, on issues related to the competence of such a meeting is mandatory for all owners of premises in an apartment building, including those owners who did not participate in the voting.
6. The owner of the premises in an apartment building has the right to appeal against the decision taken by the General Meeting of the Owners of the Premises in this House with a violation of the requirements of this Code, if he did not participate in this meeting or voted against the adoption of such a decision and if such a decision was violated Right I. legal interests. An application for such appeals can be filed for six months from the day when the specified owner learned or should have learn about the decision taken. The court, taking into account all the circumstances of the case, has the right to leave the appealed decision, if the voting of this owner could not influence the results of voting, the violations are not significant and the decision made did not affect the losses to the specified owner.
So here is almost any decision taken at the General Meeting, where less than 50% were present - you can appeal!
I experience litigation From the Criminal Code - write in PM, I will be glad to advise ... and prepare a claim in court.
Hello, Ivan.
Or you or the police confuse something, article 326 of the Criminal Code about the friend.
Criminal Code
Article 326. Fake or destruction of the identification number of the vehicle
You may be imposed by the forge of documents, this is Article 327 of the Criminal Code of the Russian Federation
Criminal Code
Article 327. Fake, manufacture or sale of fake documents, state awards, stamps, seals, blanks
1. Fake certificate or other official document providing rights or liberating from duties, in order to use either the sale of such a document, as well as manufacturing for the same purposes or sales of fake state awards of the Russian Federation, RSFSR, USSR, stamps, seals, blanks -
they are punished by restriction of freedom for a period of up to two years, or forced work for up to two years, or arrest for up to six months, or imprisonment for up to two years.
Judicial practice in the fake protocol of the General Assembly is ambiguous.
The bodies of the inquiry are not established the subject of a crime, namely, is the protocol of the general meeting of residential owners and non-residential premises An apartment building is a formal document, there is no objective side of the composition of the crime, that is, it is not established whether the protocol of the general meeting of the owners of residential and non-residential premises of an apartment building from 00.00.0000 is. Forged. It is also absent subjective sidewhich is expressed in direct intent, not established which rights gives and from what responsibilities frees the goat T.I. and Asylbaev G.V. The protocol of the General Assembly of the owners of residential and non-residential premises of an apartment building from 00.00.0000., Persons who signed this protocol of the General Assembly from 00.00.0000 are not established.
Next, Antonova A.A., without stopping at what was achieved, acting intentionally, from personal interest, in order to eliminate HOA ... I ignore the obviously fake, which is the official document, the Protocol of the General Meeting of the HOA ... certifying facts that entail legal consequences in the form of imposition At the owners of premises in an apartment building in relation to common property in this house, changes in the amount of rights and obligations or the liberation of these owners from duties, and is subject to placement in the system by a person initiated a general meeting in order to make a decision on making changes to the legal entity HOA ... contained in one state registry legal entities, On June 22, 2016, about 13 hours, while in the building ... Tax Service for the city of Naberezhnye Chelny ... illegally presented an employee of the tax service knowingly a fake protocol of the General Meeting of the HOA ... Thereby using it in order to further eliminate the specified legal entity.
There is no crime actions in your actions, you have no intent on committing a crime.
Yours faithfully! G.A. Kuraev