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- Garbage not to take out: the State Duma wants to toughen the punishment for unsanitary apartments
Garbage not to take out: the State Duma wants to toughen the punishment for unsanitary apartments
The fight against "bad" neighbors who make a mess in their apartments may reach a new level. The State Duma proposes to toughen liability for failure to comply with sanitary and epidemiological norms. Fines will be increased tenfold. However, the key problem in bringing to responsibility - access to the apartment of the violator, experts remind. First of all, in their opinion, the legislator should focus on this very issue. Whether the toughening of punishment will help to fight the neighbors poisoning life - in the material "Izvestia".
Strict approach
Responsibility for non-compliance with sanitary and epidemiological requirements for the operation of residential and public premises, as well as transport may be toughened. In addition, the initiative will affect unauthorized rearrangement or redevelopment. Such a bill is being worked out in the State Duma. About this in conversation with "RIA Novosti" told the Deputy Chairman of the State Duma Committee on construction and housing and communal services Sergey Kolunov. He noted that the draft law is being prepared on the basis of regular appeals from Russians.
At the moment for the breeding of unsanitation for individuals is provided for responsibility in the form of fines from 500 to 1500 rubles. Such sanctions do not help to prevent and suppress violations, believes Kolunov. In addition, the market value and rent for the premises owned by law-abiding citizens are reduced due to unsanitary conditions. Therefore, they want to increase the penalty tenfold. The maximum fines for citizens may be up to Br25 thousand, for legal entities - up to Br500 thousand.
To toughen the punishment for violation of SanPin Kolunov suggested and earlier. Last November, he recommended not only to increase fines, but also to seize housing from violators. Such a strict measure, in his opinion, could be applied in cases when other options of punishment do not work.
The parliamentarian noted that the problem with the breeding of clutter in apartments is quite acute. Unpleasant odor spreads far beyond the premises, interfering with the lives of other citizens. It is quite difficult to find control over violators: verbal conversation does not help, fines are too small, and authorized bodies can not always get access to private property - they simply do not open.
A widespread problem
Examples of such situations can indeed be found a great number. No one is immune from the appearance of "bad" neighbors. In Krasnodar, in particular, the tenants of one of the apartment buildings are terrorized by an elderly neighbor. The woman piled her entire apartment with garbage, bringing it from the nearest container sites and urns. As a result, all the residents have to suffer from bad odor and cockroaches. According to neighbors, the pensioner does not react to the comments of the management company and the police.
Cockroaches torment the residents of another Kuban high-rise apartment building. In a two-room apartment gathered a lot of cats, dogs and dangerous insects. The owner of the premises, according to neighbors, does not even live in it, occasionally visiting the animals, but manages to annoy others. The residents of the building repeatedly offered to help the man with disinfestation of the apartment, but failed to achieve results.
A Kazan resident has alsoturned her apartment into a source of danger. The situation is classic - mountains of garbage, cockroaches and a lot of cats, which the woman calls her "family". The situation was aggravated by the unauthorized connection to the gas column, which made the neighbors seriously worry about their lives. Residents and the management company repeatedly sued the woman, but neither fines nor enforcement proceedings helped to solve the problem.
A story from Moscow also turned out to be loud. There, a resident of the capital managed to gather 90 cats under the roof of her apartment. The conditions of their keeping, as expected, turned out to be unsanitary. The first deputy chairman of the State Duma Committee on Ecology, Natural Resources and Environmental Protection Vladimir Burmatov even got involved in the high-profile case. According to him, the woman's actions can be qualified as cruel treatment of animals. The situation is under control of the prosecutor's office.
However, not only "bad" neighbors are responsible for unsanitary conditions. Complaints to the authorized bodies are also received about management companies, which do not perform disinfestation of basements in good faith, as well as medical and educational institutions. People sound the alarm, trying to improve the situation, but the current legislation is not always effective.
Right of access
Sanitary and epidemiological requirements for the operation of residential and public premises are not being complied with more and more often, says Mensigroup Managing Partner Elizaveta Selezneva, PhD in Law. The fines stipulated by the legislation are insignificant.
At present the responsibility for violation of SanPin is established by the Code of Administrative Offenses in rather small amounts, confirms the head of the Center for Law Enforcement in Moscow and Moscow region, lawyer Alexander Khaminsky.
- Individuals are fined from 500 to 1000 rubles, while the maximum sanction for legal entities is up to 20 thousand rubles or administrative suspension of activities for up to 90 days," the expert reminds.
The new initiative of the State Duma should eliminate the existing gaps in the legislation and strengthen the responsibility for violations, explains the managing partner of Rusyaev and Partners, lawyer Ilya Rusyaev.
The draft law proposes to sharply increase penalties. They will be especially high for legal entities - the amount of punishment should be up to 500 thousand rubles.
Meanwhile, practice shows that most often citizens are faced with non-compliance with sanitary norms in residential buildings, says Khaminsky. In this case, the violators are individuals - neighbors in the house.
- And in this situation simply by raising fines the legislator is unlikely to be able to solve the problem. The main difficulty lies in the impossibility of getting into the residential premises of officials to fix the offense, - the lawyer is sure.
According to Article 25 of the Constitution of the Russian Federation, entry into a dwelling is possible only on the basis of a court decision or in cases stipulated by federal law, notes Ilya Rusyaev.
Therefore, says Alexander Khaminsky, the legislator should first of all establish a procedure for access to apartments where sanitary norms are violated.
- Most likely, such inspections will be carried out on the basis of complaints from neighbors with subsequent involvement of local authorities, Rospotrebnadzor or management companies. An important legal tool could be the procedure of obtaining a judicial authorization to inspect the premises, which will allow to strike a balance between the rights of citizens and the interests of public safety, - Rusyaev is convinced.
An important step
The new initiative also pays attention to the responsibility for unauthorized rearrangement and redevelopment of premises, reminds Ilya Rusyaev. Currently, these actions are regulated by part 2 of article 7.21 of the Administrative Code of the Russian Federation, according to which the fines are from 2 to 2.5 thousand rubles for citizens, from 4 to 5 thousand rubles for officials and from 40 to 50 thousand rubles for legal entities.
- The new version of the law proposes a 10-fold increase in fines, which should significantly increase discipline among owners and lessees. Unauthorized redevelopment actions may not only violate the rights of neighbors, but also pose a threat to the safety of the entire apartment building, including its engineering systems," warns the Izvestia interlocutor.
However, the question of implementation of the new norms is still open, Rusyaev emphasizes.
- Not only documentation of violations will be mandatory, but also law enforcement practice - it should ensure strict compliance with the decisions of supervisory authorities. If the proposed changes are adopted, it will be an important step towards improving the sanitary and technical conditions for the operation of residential premises," he summarized.
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