One of the principles of creating a federal GIS system for housing and communal services, according to Article 4 of the Federal Law of July 21, 2014 N 209-FZ “On the State Information System for Housing and Communal Services,” is openness, transparency and public accessibility of the information contained in the system. Needless to say, in fact, the GIS of housing and communal services turned out to be a serious headache for management organizations, which results in unnecessary labor, time and financial costs. Currently, management companies, homeowners' associations and other forms of partnerships and cooperatives must enter a huge amount of information into the system. And any inspection for them is stressful, and if they are completely unlucky, an administrative protocol and a fine.
What responsibilities are associated with the government information system?
All housing and communal services structures of cities and towns bear some responsibility for providing data to GIS . For example, the local water utility of the city transmits not only the meter values, but also presents a list of all its customers, their terms and amounts of payment, and separately indicates debtors who have been fined or are disconnected from services. The information must be supplemented with reasons for refusing water utility services.
Responsibility is administrative in nature, and is attributed to violation of the deadlines and procedure for posting information in the state system. Responsibility is determined by the Federal Law “On Amendments to the Housing Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” No. 496 dated December 28, 2021.
Attention! The law defines the obligation of utility service providers to enter information on the GIS housing and communal services portal, and also defines penalties and fines for failure to fulfill this obligation.
We talked about who is required to enter data into the system and how this is done in this article.
How to avoid responsibility?
It is worth noting that the housing and communal services bodies do not have a constant task of identifying those who do not place information in the housing and communal services GIS. Most often, the basis for inspection of management organizations and homeowners associations are complaints from citizens, and not the planned procedure.
Judicial practice under Part 2 of Article 13.19.2 in relation to management companies, homeowners' associations and other types of partnerships and cooperatives is very extensive. But administrative liability and a fine for failure to post information can be replaced with a warning.
There are several options for avoiding liability and getting off with a warning:
- Periodically monitor changes in legislation in the housing and communal services sector, paying attention to changes in the GIS housing and communal services. It should be used on a par with other options, but it will take a lot of time to study the legislation.
- Take all necessary measures to comply with the requirements of the legislation on GIS housing and communal services and record everything that cannot be done in the system, so that during an audit it will be possible to prove your innocence: correspondence with GIS housing and communal services technical support, recording calls to the hotline. Again, it will take time, because... Support, although 24/7, does not respond instantly.
- Entrust the placement of information in the GIS Housing and Communal Services to professionals. The disadvantage of this method is the sometimes high cost of such services. And it’s quite difficult to find professionals in their field.
- Enter information into the system in full and on time. Perhaps the simplest and at the same time the most complex option. Filling out some information manually or using templates takes a lot of time and effort.
Our clients have the opportunity to place the necessary information into the GIS housing and communal services system using direct upload. From the Domuchet program to the GIS Housing and Communal Services, you can transfer a fairly large amount of information in 2 clicks: from the characteristics of apartment buildings to meter readings and payment documents. In addition, Domuchet technical support staff will help with entering other necessary information into the system - management agreements, protocols, reporting, information about the management organization, etc.
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When does it come?
The functioning of the GIS Housing and Communal Services of Russia began on July 1, 2016. According to the laws of the Housing Code and their amendments, it was possible to achieve fifty percent filling of the portal with information by May 2021, but only from target organizations. The Government intends to collect full liability from utility structures from the beginning of 2021; for federal cities the deadlines have been postponed to the summer of 2019 (more information about the deadlines for posting data in the GIS Housing and Communal Services can be found here).
Administrative responsibility and sanctions for suppliers are divided into categories:
- Complete lack of information about the managed property on the GIS portal.
- Incomplete provision of information.
- Violation of regulations and methods in providing data within a certain time frame, which are fixed at the legislative level, entered into publication and available for each object.
- Specially planned transmission of incorrect information.
What was the postponement and why?
The postponement was carried out in accordance with Law No. 496 “On Amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation.” So, when will they start fining:
- The placement of data on the GIS portal for suppliers was postponed until July 1, 2021, for federal cities until July 1, 2021.
- The timing of administrative liability for all data providers for incomplete provision of information or its complete absence is postponed to January 1, 2021, and for cities of federal significance is set to July 1, 2021.
- On January 1, 2021, and for cities of federal significance on the first day of January 2021, a deadline has been provided for posting payment documents that were not submitted to the consumer of housing and communal services. This is data on the size of the fee on paper (receipts).
- Additionally, under Article 193 of the Housing Code, until December 31, 2021, for cities of federal significance, until June 30, 2021, a licensing requirement is required to comply with the management of organizations, for example, housing cooperatives and homeowners' associations.
Also, the requirement to post information about the activities of housing and communal services structures in accordance with the standards that are presented in the Decree of the Government of the Russian Federation dated September 23, 2010 No. 731 “On approval of the standard for disclosure of information by organizations operating in the field of management of apartment buildings.”
Important! These sanctions were imposed on the structural units of the Russian housing and public utilities sector for recording and further monitoring of work, duties performed, and monitoring of paid services.
The government noticed that large amounts of funds from the funds were distributed or wasted for other purposes or were not fully implemented. This is evidenced by the poor condition of apartment buildings, problems with water supply, gas supply, or complete/partial breakdown of engineering and utility infrastructures.
Administrative penalties
Responsibility for the offense is specified in Article 13.19.2 of the Code of Administrative Offenses of the Russian Federation and provides for the following fines.
For failure to post information
In accordance with the legislation of the Russian Federation on housing and communal services, non-placement or violation of the procedure and deadlines for submission is subject to fines:
- For individuals who manage apartment buildings - from one thousand rubles (for example, a housekeeper).
- For an individual administrator at general meetings, a fine of 15 thousand rubles was imposed.
- For an official body of local self-government - a fine of 30 thousand rubles.
- A legal entity that supplies resources and utilities necessary for existence will be punished in the amount of 200 thousand rubles (for example, for HOAs, TSNs, housing cooperatives).
- A legal entity managing an apartment building is subject to a fine of 100 thousand rubles.
- For other persons, the penalty is 30 thousand rubles.
For reference: if a violation is noticed again, it entails not only a monetary penalty, but also removal from office for a period of 1-3 years.
Until January 1, 2021, the punishment for failure to place information in the GIS Housing and Communal Services was agreed upon under Article 19.5. Code of Administrative Offenses of the Russian Federation “Failure to comply on time with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control), municipal control.”
For disclosure
A violation by the operator that resulted in access to information (for example: deadlines, suppliers, users, various means of support) is subject to an administrative fine of 10 to 20 thousand rubles.
This site explains all the features of the GIS housing and communal services service. Find out how to register correctly and enter information, how to log into the system through State Services and the Unified Identification of Automation, as well as how to correctly find, change or delete information about a house in the system and add a personal account.
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The Law on the State Information System of Housing and Communal Services (GIS Housing and Communal Services) was adopted almost simultaneously with the introduction of licensing for the management of apartment buildings (MKD) in 2014: Federal Law of July 21, 2014 No. 209-FZ “On the State Information System of Housing and Communal Services” public utilities" (hereinafter referred to as Law 209).
And for several years in a row, its full implementation was postponed every six months, as was the application of administrative liability for improper filling out of the Housing and Communal Information System. After such postponements, representatives of management organizations could exhale once again and calmly work without GIS for another six months or a year...
There are many pages on the forum devoted to the topic of GIS housing and communal services, the thread is constantly updated with new messages. We have also published several articles on this topic on our blog. It is no secret to anyone that the system never worked with 100% efficiency and did not become what it was supposed to be. According to reviews from representatives of management organizations, a very small percentage of owners (residents) constantly use the system. But for “disloyal” owners, GIS housing and communal services is an endless source of opportunities for complaints.
In Article 4 of Law 209, one of the principles for creating a GIS housing and communal services is openness, transparency and public availability of information contained in the system
, non-discriminatory access to such information and to the system, including for visually impaired persons, with the exception of information to which access is limited by federal laws.
And as a result, GIS housing and communal services became only an additional headache for management organizations in the form of additional costs (and not only financial, but also time
x, labor), as well as a good machine for receiving fines into the vast budget of our country as a result of inspections by supervisory authorities. Since in our country an inspection almost always means an administrative protocol + a fine (if you’re lucky, a warning, but this is not accurate).
In this article we will look at the current judicial practice on bringing to administrative liability for the State Information System of Housing and Public Utilities. Fortunately, legal reference systems and the Internet issue a huge number of court decisions under this article of the Code of Administrative Offenses of the Russian Federation.
Administrative liability for violations related to the GIS housing and communal services comes under Article 13.19.1. Code of Administrative Offenses of the Russian Federation “ Violation of the procedure for posting information in the state information system of housing and communal services
"and under Article 13.19.2 of the Code of Administrative Offenses of the Russian Federation "
Failure to post information, placement of information not in full, or placement of unreliable information in the state information system of housing and communal services
."
Moreover, Art. 13.19.1. The Code of Administrative Offenses of the Russian Federation provides for liability for officials and legal entities: operators of GIS housing and communal services, government bodies and local self-government bodies, banks, extra-budgetary funds and all other suppliers of information for GIS housing and communal services, and Art. 13.19.2 - only for individuals and officials posting information, which included representatives of the RSO and MA.
I am glad that the size of fines is an order of magnitude smaller compared to fines for violating licensing requirements. Well, at least something good is happening in our legislative branch. Apparently, the authors of the idea of the GIS Housing and Communal Services itself, as well as its developers, are well aware that the system is far from ideal, to say the least...
Resolution of the Kirov Regional Court of July 5, 2021 No. 7-A-237/2018:
The prosecutor's office carried out an inspection, and the magistrate court prosecuted the head of the municipality under Part 1 of Art. 13.19.1 of the Code of Administrative Offenses of the Russian Federation for failure to place information in the GIS Housing and Communal Services (punishment in the form of a warning was applied). The magistrate's decision is legal and justified.
Resolution of the Supreme Court of the Russian Federation dated July 2, 2021 No. 16-AD19-4:
“
... As follows from the case materials, an official of the state housing supervision inspection of the Volgograd region in relation to the director of the company N.N. Baidina.
a protocol was drawn up on an administrative offense provided for by the above norm, based on the failure of the named person to place information in the state information system of housing and communal services, which resulted in the failure to place appendices to the management agreement for an apartment building and appendix No. 3 to the minutes of the general meeting of owners of the premises of building No. 8
along Sholokhov Street in the city of Zhirnovsk, Zhirnovsky district, Volgograd region. The Company represented by General Director N.N. Baidina and the owners of premises in apartment building No. 8, located at the above address, entered into a management agreement for this apartment building on June 28, 2018.
The circumstances described above served as the basis for attracting the director of the company N.N. Baidina.
to administrative liability on the basis of Part 2 of Article 13.19.2 of the Code of the Russian Federation on Administrative Offenses by a magistrate judge of judicial district No. 8 of the Volgograd region. These conclusions were supported by higher courts.” The magistrate issued a warning.
The Supreme Court of the Russian Federation upheld the decisions of the lower courts. Resolution of the Supreme Court of the Russian Federation of August 7, 2021 No. 5-AD19-85
A little off topic of the article, but it relates to posting UO information
.
The Supreme Court overturned the decisions of lower courts to bring the management organization to administrative liability under Part 2 of Art. 14.1.3 of the Code of Administrative Offenses of the Russian Federation in the form of a fine in the amount of 250 thousand rubles for failure to post information. Since the introduction of GIS for Moscow occurred later, the court considered the failure to post information in accordance with Standard No. 731 (Government Decree No. 731 of September 23, 2010) and the laws of the constituent entity of the Russian Federation to be a license violation.
The company is punished for lack of the following information:
on the website of the “Moscow House” in the “General Information” section in the lines “Total area” and “Total area of residential premises” on the main page of the house, the software requires the indication of the data contained in the column “MosgorBTI Data”, which the company does not fill out technically does not have the ability to correct information that does not correspond to the technical passport;
the length of the interpanel seams of the external walls cannot be indicated due to the fact that the material of the load-bearing walls of house No. 44 on Ozerkovskaya embankment. in the city of Moscow there is a brick; on the website “Housing and Communal Services Reform” the area of the mentioned house fully corresponds to the data in the technical passport. The Supreme Court of the Russian Federation did not agree with the arguments of the lower courts and sent the case for a new trial.
Determination of the Armed Forces of the Russian Federation dated September 6, 2021 No. 305-AD17-11530:
The supervisory authority held the management organization accountable for failure to place information in the GIS of the Russian Federation under Part 1 of Art. 13.19.2 of the Code of Administrative Offenses of the Russian Federation in the form of a fine of 30 thousand rubles. The first instance overturned the decision of the supervisory authority, the appeal and the Supreme Court of the Russian Federation did not agree and upheld the decision on the fine.
Similar court decisions are not in favor of management organizations
:
Ruling of the Supreme Court
dated September 5, 2021 No. 305-AD17-11531
(failure by the applicant (MA) to place information about apartment buildings in the Housing Information System - a fine of 30 thousand rubles).
Resolution 9 AAS dated February 21, 2021 No. 09AP-67644/2017
(The management authority did not place information about the termination of the MKD agreement in the GIS housing and communal services system, and did not timely submit an application for amendments to the register of licenses of the city of Moscow).
Resolution 10 of the AAS of April 23, 2021 in case No. A41-71411/17
(the representative simply did not go to the court hearings to appeal the Resolution of the State Housing Inspectorate, the deadline was all missed, a stupid loss due to the fault of an unscrupulous lawyer) this decision is not indicative, but it is rejected.
Positive court decisions:
Resolution 12 of the AAS dated July 3, 2021 in case No. A12-3613/2018:
The supervisory authority incorrectly applied the norms of the Code of Administrative Offenses of the Russian Federation; the Resolution of the Civil Code is not subject to execution due to changes in the legislation of the Russian Federation.
Resolution 12 of the AAS dated April 13, 2021 in case No. A12-46044/2017
- similar to the previous one. Apparently, the GZHN employee was incompetent, and the UO’s lawyers were at their best, since there were several similar decisions during this period.
Resolution 17 AAS dated November 26, 2021 No. 17AP-15965/2018-AK:
(illegal posting by the company on the GIS housing and communal services portal of the unilaterally changed text of the management agreement for apartment buildings): the resident appealed the decision of the supervisory authority to terminate the proceedings in the case of an administrative offense, the court agreed with the GZHN body and refused the resident. And it turns out that it happens that the supervisory authority terminates the proceedings. Although there were no grounds for initiating it, in fact, based on the decisions of the courts.
Resolution 18 AAS dated February 13, 2021 No. 18AP-15800/2017:
The court of appeal overturned the decision of the first instance court and the decision of the supervisory authority to bring to justice. The GZhN body incorrectly applied the norm of the Code of Administrative Offenses, did not take into account changes in the law, and the appeal did not find the elements of the offense.
As can be seen from the above court decisions, courts and parties are quite meticulous in understanding such disputes, which is why there is a lot of positive practice for management organizations.
Since, according to the above provisions of the Code of Administrative Offenses of the Russian Federation concerning violations related to the GIS housing and communal services, administrative liability can be brought for the slightest violations in filling out the system, it has long been necessary for a specific specialist to deal with the GIS housing and communal services in the management organization. However, in the vast majority of companies, these functions of filling out are either assigned to a lawyer (economist), or to all employees a little. As a result, there are many cases of holding management organizations accountable, which is confirmed by judicial practice.
Finally, I would like to say that project No. 687025-7 has now been developed for changes to the legislation regarding the deferment of administrative responsibility for the GIS housing and communal services. The initiators propose to suspend until July 1, 2021 the effect of Article 13.19.1 of the Code of Administrative Offenses of the Russian Federation in relation to officials of the body that opens and maintains personal accounts in accordance with the budget legislation of the Russian Federation, officials of authorized bodies or organizations carrying out state accounting of the housing stock
, officials of a specialized non-profit organization that carries out activities aimed at ensuring the
overhaul of common property in apartment buildings, a bank,
other credit organization, including those making payments in electronic form, as well as another organization through which payments for residential premises are made and utilities,
GIS housing and communal services operator.
It is also proposed to suspend until July 1, 2021 the effect of Article 13.19.2 of the Code of Administrative Offenses of the Russian Federation, with the exception of the effect of parts 2 and 3 in relation to persons engaged in the management of apartment buildings, in terms of their placement in the GIS Housing and Communal Services of the information provided for in Part 10.1 of Article 161 and Article 198 Housing complex of the Russian Federation.
The explanatory note to the project states: numerous appeals from the councils of apartment buildings were sent to deputies of the State Duma regarding the imposition of penalties for failure to place information in the GIS Housing and Communal Services, if such a decision was made by the general meeting of the building. It is true that it is not clear why then the rules are suspended in relation to banks, the GIS operator and other subjects of responsibility? The law has not yet been adopted.
Sincerely, Ilmira Nosik.
continues to accept applications for the “Closed Section of the Forum 2020”.
Application here
.
How does collection work?
Penalties are implemented after inspection by the State Housing Inspectorate and are levied by the legislation of the Russian Federation at the expense of the state.
According to the legislation, housing and communal services bear administrative responsibility for providing data to the state information system. If there is a shortage or violation, penalties are imposed on utility structures, up to and including removal from positions. The law regarding the deadlines for submitting information has been revised more than once, and finally came into force at the beginning of 2018 for many apartment building services. The innovation is intended to monitor the work and activities of housing and communal services structures.
If you hold general meetings of owners via the Internet, then be more careful
If the general meeting of owners of the premises of an apartment building is organized through the GIS Housing and Communal Services (and they promise that from the beginning of 2018 this functionality will begin to work) or through another information system via the Internet, and the administrator of such a general meeting has not posted all the required information in the relevant system , or posted false information, or violated the terms of posting, then the fine for such violations is now from three to five thousand rubles for individuals and from five to ten thousand rubles for officials (Part 1 of Article 13.19.2 of the Code of Administrative Offenses RF), but in addition to a fine, a warning may also be issued. Previously, such fines amounted to one thousand rubles for individuals, and from fifteen to two hundred thousand rubles in other cases.
