Opinion to the article posted at: Tariff "unlimited": Russians will pay more for utility services
With such an expert-elite public, the quality of which is clearly seen in the opinion of such pseudo-experts, like prof. Bogomolny EI, the population of Russia will never get out of need and a debt pit.
Let this "pseudo-professor" try to explain what was said and published in this article: “Today, the Criminal Code is free of charge for charging money to homeowners, and they also issue receipts.”
First, no money (?!) management companies (CC or partnerships) are charged to homeowners - they charge payments, including for utilities, for the production of which they can never receive a license and, accordingly, the provision of services for their delivery to consumers should not be based on purely legal considerations.
Consequently, they are not entitled to be performers in this area of the activities of the housing and public utilities complex, even on the scale of a single apartment building for the same reason, not to mention other legislation. And it follows from this that homeowners are not in a position to make a claim on the quality of the supplied municipal resources (mainly cold and hot water supply) to the current Criminal Code.
Moreover, as a rule (especially, it concerns partnerships performing CC functions), compensated contracts for the supply of communal resources from the MC to the owners of the premises (direct consumers) are not concluded, and if they are executed, then only “for unsubscribe”, absolutely formally, what cannot be used in resolving disputes arising in court.
In turn, this leads to the fact that the courts, accepting the consideration of such cases to their proceedings, resolve them according to the rules of general legal proceedings, and not in favor of the consumer-owner of housing, completely ignoring the rules of consumer protection legislation.
Secondly, if we talk about management companies as independent legal entities (LLC or CJSC), then one of the main goals of their activities, a priori and, in accordance with their statutory documents and tasks for the timely execution of many management functions and quality maintenance of apartment buildings is a profit.
And, precisely, on the basis of the principle of achieving goals by any means while extracting profits, the Criminal Code does not hesitate to rob citizens in order to satisfy their “holesholes” in filling the “scam”, regularly and cheekyly, unreasonably and uncontrollably, “drawing” any increased tariffs in notifications for owners housing, including for general house needs, which should be specifically mentioned.
Our property, decorated in the property, consists of two parts: the apartment itself (room) and shares in the common property of the house. In accordance with the Law, everyone pays a fixed tax on personal property (for a house, apartment or room), calculated from the total market value of housing (apartment + share in total property), which is credited to the local budget.
I will allow myself here to make two reservations:
1) Apartment (room) is one type of property (like residential real estate), constituting 3-5% of the total cost of housing, which, being owned by citizens, has a corresponding registration under the Unified State Registry of Rights (EDR).
2) The share of the owner of an apartment (room) in the total property of a house is a completely different type of property (also residential real estate), constituting the total cost of housing (purchased or privatized) 95-97%, also, in accordance with the Law (Art.219 Of the Civil Code of the Russian Federation) is subject to registration under the EGRP. But for one of the citizens of Russia who did not pass this procedure.
There is a generally accepted and well-known truth - there is no registration, there is no ownership. And, since there is no ownership of common share property, then for us there is nothing to transfer to the management of the Management Company, i.e. There is no subject for a contract. Although, let me remind you, we pay a tax on the total cost of housing (apartment + share).
In addition, the absence of the right of the Criminal Code in raising funds for the maintenance of the common property of the house is also understandable from the point of view of the current legislation, where Section 5, Art. 3 of the RF Tax Code reads: “No one may be obliged to pay taxes and fees, as well as other contributions and payments, which possess signs of taxes or fees established by this Code that are not stipulated by this Code or established in a different order than that defined by this Code.”
Thus, it should be concluded that citizens, having bought (privatized) housing, but not receiving registration actions from the competent authorities for the share in the common property of the house, and paying the tax to the local budget, calculated on the total cost (although then we keep for our "hard-earned"), transferred our share of property in the common property of the house for the exercise of management functions by it, the local municipal government.
And, for the owners of the common property of a particular apartment building, it would be interesting to know what their taxes are spent on, which go to the local treasury for their housing. What functions of municipal government, in managing this property, carried out? Consequently, the collection of funds carried out by the Criminal Code for general household needs (maintenance of common property) is repeated and illegal.
This is the reality of today throughout the country, and in the current situational conditions of what is happening, such an absurdity, with all the desire, cannot be “crammed and laid” in the framework of human existence and common sense.
And, thirdly, at the moment management companies for "Statement of receipts" they collect such fabulous money, which is more than enough for not only paperwork, but also for a comfortable rest for idlers “over the hill”, as, incidentally, for their domestic travels on the new “Bee-eM Ve”.
However, the “professor” thinks (for some reason?) That the Criminal Code conducts its activities in the interests of the premises owners, free of charge. Breathtakingly. As if from the moon fell.
But the fact that the elimination of intermediary drones in the person of the Criminal Code (partnerships) of the performer - the consumer can not lead to an increase in tariffs, it is - and "do not go to the grandmother."
So, our leader was a thousand times right when he stated unequivocally: [i] "We must cut off the management companies in the housing and utilities sector from the cash flow in the very near future."