“Zhilishchnik” is a management company or, according to legal terminology, an organization that, on a commercial basis, provides owners of apartment buildings with services for the technical, operational and sanitary maintenance of their joint property.
The Housing Code of the Russian Federation and other regulatory legal acts entrust management organizations with the powers to ensure that apartment buildings are in proper condition and their residents are provided with decent living conditions. But current legislation is often violated by unscrupulous representatives of the housing and communal services sector. Residents should not have to put up with this. They have the right to file a complaint with the authorized supervisory authority and other competent authorities to protect their own legal rights and interests.
For residents of Moscow
Residents of the capital have additional opportunities to achieve a settlement of the conflict with the management organization. They can seek help from authorized government authorities through specialized portals and services created to simplify the appeal process and help ordinary citizens defend their legitimate interests.
"Our city Moscow"
With the help of this project, Muscovites can create and send a complaint to the Criminal Code using a PC or gadget in a few clicks.
To do this, they will need to do the following:
- Follow the link gorod.mos.ru/index.php?show=info.
- Select “Apartment buildings” - “House management”.
- Decide on the direction of the problem “Violations when choosing (changing) a management organization” or “Violations when providing information from a management organization” (other illegal acts of the management company cannot be appealed through the portal).
- Click “Report a problem” (on the right side of the page).
- Indicate the address of the apartment building.
- Enter the financial and personal account number.
- Provide additional information.
- Submit your application.
According to the rules of the portal, a response to a complaint must be received no later than 8 days after it was submitted. If for any reason the application is rejected, the applicant will learn about this within 24 hours allotted for moderation.
"Dobrodel"
The portal helps residents of the Moscow region reach authorized authorities and solve problems that fall under the sphere of influence of local authorities.
To submit a complaint, the applicant:
- Register using the link https://dobrodel.mosreg.ru/register.
- Activates your account and logs into the created profile.
- Click the orange “Create a complaint” button on the left.
- Fills out the online form that opens.
After this, the message is checked within two days. If the established format is met, a responsible person from among the “do-gooders” is assigned to him, who will help resolve the problem (send the complaint to the competent authorities, monitor the progress and result of its consideration, transmit a report on the work done to the applicant).
Housing supervision authority
If the management of the management company, after receiving a complaint, did not resolve the problematic situation, which in fact is far from uncommon, the complaint regarding the unsatisfactory work of the organization should be forwarded further - to the state control authorities.
According to Art. 20 of the Housing Code of the Russian Federation, the activities of all subjects of the housing sector fall under the influence of the authorized body of state and municipal departmental control.
It is worth noting that according to the law, state control is not exercised in relation to the management organization. But the authorized body does not remain indifferent in cases of violations of the Criminal Code. He performs the duties assigned to him within the framework of licensing control. This is based on the fact that the management company operates under a license, which it may lose for good reasons, and in some cases, not without the assistance of the supervisory authority.
This fact essentially does not have any special significance for a resident of an apartment building, but understanding it in some cases can help when appealing against the actions (inaction) of the tenant.
Goszhilnadzor
At the municipal level, the State Housing Inspectorate (GZHI/Goszhilnadzor) is responsible for monitoring, identifying and suppressing violations of housing legislation. The service is responsible for checking housing residents within the municipality and for monitoring the activities of housing inspectors.
Housing inspectors are responsible for localities and districts. For example, within Moscow there are 10 inspectorates corresponding to the city districts. In other constituent entities of the Russian Federation, one housing estate can control management organizations not only within a district, but also a small city or other locality.
The first level of appeal against the Criminal Code in the system of state supervision should be the housing inspection. If residents do not know the address and telephone number of the nearest branch, they can visit the official portal of the State Housing Property Inspectorate of the subject, and there they can familiarize themselves with the list of territorial inspectors.
Usually there is also an exhaustive list of contacts for citizens’ requests. As a rule, filing a complaint with the inspectorate of a district or locality is carried out in person and, sometimes, by mail.
If within 30 days no response was received from the housing estate, or it was objectively incompetent, the applicant has the right to move to the next level - to contact the subject’s housing estate. This institution has a wider range of powers, and in addition to control of the Criminal Code, it supervises the legality of the actions of territorial inspectors. In other words, you can complain to the State Housing Inspectorate not only about violations in the management of an apartment building, but also about illegal actions (inaction) of housing employees.
To contact the municipal Goszhilnadzor, a citizen can choose several methods. Most often this is:
- Personal visit to the reception office of the authority or to its specialists (management).
- Mailing a written complaint.
- Drawing up and submitting an application through the online reception on the official website of the State Housing Institute.
When drawing up a written complaint, it is recommended to pay attention to the following sample:
Details for filing a claim can be found on the portals of territorial departments. Their list is presented at the link minstroyrf.ru/dwellers/index_phones.php.
Ministry of Construction of the Russian Federation
The fact of unfair consideration of an appeal by the State Housing Inspectorate can be appealed to a higher body of state housing supervision: the Department of Housing and Communal Services of the Ministry of Construction of the Russian Federation and the Deputy Minister of Construction and Housing and Communal Services - Andrey Vladimirovich Chibis (Chief Housing Inspector).
You can contact the management of the Department or the chief housing inspector in person at the address: Moscow, st. Sadovaya-Samotechnaya, 10/23, building 1, by appointment, in accordance with the reception schedule for citizens.
The reception schedule for officials is available for review in the “Contacts” section of the official portal of the Ministry of Construction - minstroyrf.ru. You can make an appointment by submitting an electronic application (see below for how to do this) or by calling ext. 61025, 61028.
There is also the opportunity to submit an electronic complaint on the website of the Ministry of Construction and Housing and Communal Services. To do this, the applicant needs:
- Follow the link minstroyrf.ru.
- Select the menu section “Citizens”.
- Scroll down the page and expand the line “Send a letter to the Ministry of Construction of Russia”, click “Send a letter”.
- At the top of the online form that appears, click “Appeal from individuals.”
- Indicate the applicant's first and last name, address for receiving the response (email or postal).
- From the proposed options, select the subject of the appeal “Electronic appeal (complaint) of the applicant regarding the inspection” or “Make an appointment” (if the citizen wants to personally meet with the management of the Housing and Communal Services Department or A.V. Chibis).
- Enter the text of the request in the appropriate field.
- Agree with the rules for considering electronic requests (you can read them at the beginning of filling out the form).
- Submit your application.
For any clarifying questions regarding the consideration of applications or the organization of reception of citizens, you can contact the authorized person - Andrey Nikolaevich Evdokimov - by email [email protected]
Executive body of the subject
The territorial ministries of construction and housing and communal services and the local administration are competent in matters of supervision of the Criminal Code and consideration of relevant complaints from citizens. You can contact them with a statement about the housing tenant’s violation in person or by sending a claim by registered mail.
Almost all government departments have their own official web resources. They contain information necessary for citizens, including options for appeals and contact information. Also, some portals have specialized services for drawing up and filing electronic complaints. Applicants can use them as an analogue to a personal visit to the institution.
Court
In accordance with Art. 11 of the Housing Code of the Russian Federation, the protection of violated housing rights is carried out in court. Jurisdiction of cases is determined in accordance with procedural legislation - the plaintiff (applicant) submits an application to the district court at the location of the office of the management organization.
The claim must include certain information, divided into several blocks:
- Introductory (personal and contact details of the parties to the proceedings, name of the court).
- Descriptive (basic information on the appeal - the essence of the problem, its characters, arguments in favor of what is stated, etc.).
- Petitionary (clearly formulated demands of the applicant with relevant legislative extracts).
- Attachments (listing of all documents attached to the application).
As an example of a claim, consider the following sample
It is better to involve a specialist in writing the application, since, even knowing the structure of the complaint, it will be difficult for an inexperienced person in court cases to take into account the unspoken rules and nuances of drawing up the document.
Based on the data presented by the parties to the proceedings, the testimony of witnesses, and acts of government agencies, the judge makes a decision to satisfy or reject the applicant’s claims.
To Rospotrebnadzor
You can file a complaint with the Federal Service for Supervision of Consumer Rights Protection and Human Welfare about the management organization’s violation of the contract for the provision of services and about the unsatisfactory sanitary and epidemiological conditions of the residents’ common property - separately.
Territorial departments
The first appeal institution should be the territorial department of the Rospotrebnadzor Office of the subject. This structural unit of the Federal Service exercises its powers at the level of a district or small locality. Information about the network of territorial offices is available on the website of the regional Rospotrebnadzor.
Next, in the absence of a competent response from the department, comes the Office of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare (you can find what you need here - rospotrebnadzor.ru/region/structure/str_uprav.php). Complaints are submitted here in person, sent via mail (courier service) or information and telecommunications network.
Central office
Appeals are submitted to the central office of Rospotrebnadzor in the following cases:
- The subject of the complaint was the actions (inaction) of lower-level employees and officials of the Service who considered the application for a violation of the Criminal Code earlier.
- The applicant was not satisfied with the result of the appeal against the activities of the management organization at the subject level.
Telephone number of the Rospotrebnadzor information and reference line (call on weekdays from 10:00 to 17:00, except for a break from 12:00 to 12:45).
To file a complaint, citizens have the right to use the following methods:
- Appear in person at the Central Office of Rospotrebnadzor, at the address: Moscow, Vadkovsky per. d. 18 p. 5.7.
- Send an application by mail - 127994, Moscow, Vadkovsky lane, building 18, buildings 5 and 7.
- Use the online reception on the official website.
As a consumer of poor-quality services, the applicant needs to complain to the Office of Consumer Protection. Competent specialists receive citizens on Wednesdays from 13:00 to 16:00. And in order to get to the head of the unit - Oleg Vladimirovich Prusakov, you need to make an appointment on Wednesday between 14:00 and 17:00 by calling 8 (499) 973-19-71.
If the subject of the complaint is the management organization’s failure to comply with sanitary rules and regulations (the entrance and surrounding area are not cleaned, garbage is not removed in a timely manner, etc.), residents should contact the Sanitary Inspection Department. His boss, Shevkun Irina Gennadievna, meets on Tuesdays from 15:00 to 17:00 (before the visit, you must agree on the date and time by phone). Due to the manager’s busy schedule, it is recommended to try to resolve the problematic situation through the department’s specialists. You can get an appointment with them without an appointment - on Tuesday, from 13:00 to 16:00.
In the event that, due to the fault or oversight of the management organization, the well-being of the residents of the house is threatened by an epidemiological danger, the Epidemiological Surveillance Department will deal with the problem. In this situation, you can seek competent help from:
- department specialists - on Fridays from 10:00 to 13:00;
- to the manager (Elena Borisovna Ezhlova) - on Wednesday from 14:00 to 18:00 (record by phone).
At a personal meeting with managers or employees of Rospotrebnadzor departments, the applicant will need to present a passport.
Complain online
You can complain about the management organization without leaving your home. But for this, the applicant will need a profile on the website gosuslugi.ru with passport data and SNILS entered in advance. This condition is explained by the provision of Federal Law No. 294-FZ, according to which the basis for an unscheduled inspection can only be an application from a citizen who has been authorized through the ESSIA system (in practice, this means logging in through an account on the State Services portal containing all the necessary information).
If the applicant intends to report a violation of the Criminal Code for informational purposes and does not require Rospotrebnadzor to appoint and conduct an inspection of the work of the housing owner, authorization in the Unified Identification and Logistics Authority is not required. But in this case, the author of the complaint needs to know that his appeal will not be considered on its merits.
To submit a request for an unscheduled inspection of a management organization, a citizen must follow the instructions below:
- Follow the link petition.rospotrebnadzor.ru/petition/.
- At the bottom of the page, select the option of filing with mandatory authorization in the ESIA.
- Go through authorization.
- Fill in the empty fields of the electronic form (standard contact and personal information, text of the complaint).
- Select the department to which the appeal is sent (this can be not only the central office, but also the department in the subject).
- If desired, attach electronic documents, current photos, videos.
- Click "Submit".
Prosecutor's office
The list of powers of the prosecutor's office includes supervision over the activities of:
- federal executive authorities;
- executive and legislative authorities of a constituent entity of the Russian Federation;
- bodies of military administration, local government, control;
- managers and boards of legal entities.
Based on the investigation, the prosecutor has the right to initiate proceedings to bring the perpetrators to administrative responsibility or take measures to ensure the criminal prosecution of persons who have committed an offense with elements of a crime.
To complain about the management of the management organization, a resident of an apartment building needs to draw up a statement: describe the fact and circumstances of the offense, indicate those involved and ask for an inspection.
Sample of a written appeal to the prosecutor's office
You can submit a complaint either in person or by mail or through the electronic reception desk operating on the official website of the prosecutor's office.
Web resources of the prosecutorial supervision system:
- General Prosecutor's Office - https://genproc.gov.ru.
- Map of prosecutor's offices of the constituent entities - https://genproc.gov.ru/contacts/map/?DISTR=&SUBJ=.
On the subjects’ portals you can find contact information for lower-level prosecutors’ offices (city or district level). It is to them that a complaint against the Criminal Code is initially sent, and in case of their inaction, the statement of violation is transferred higher, right up to the General Supervisory Authority of the Russian Federation.
The Prosecutor General's Office receives complaints from citizens:
- During their personal visit to the address Moscow, Blagoveshchensky lane, 10. Reception is carried out on weekdays from 9:00 to 18:00, except Friday (until 16:45) and lunch break (from 13:00 to 13 :45). Pre-registration is valid - from 9:00 to 17:00 (until 15:45 on Friday), except weekends and holidays.
- By mail to the address GSP-3, 125993, Moscow, st. Bolshaya Dmitrovka, 15a.
- Through the Internet reception - https://ipriem.genproc.gov.ru/contacts/ipriem/.
The legislative framework
When appealing against actions (inaction) of the management organization, it is recommended to use the following regulations:
- “Housing Code of the Russian Federation” dated December 29, 2004 No. 188-FZ.
- Federal Law “On licensing of certain types of activities” dated May 4, 2011 No. 99-FZ.
- Federal Law “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” dated December 26, 2008 No. 294-FZ.
- RF PP “On the procedure for carrying out activities for the management of apartment buildings” dated May 15, 2013 No. 416.
- RF PP “On State Housing Supervision” dated June 11, 2013 No. 493.
To the public control center
Public control centers in the housing and communal services sector cover 83 constituent entities of the Russian Federation. The list of their tasks includes:
- consideration of citizens' appeals and carrying out on-site inspections on them;
- market analysis of management organizations and formation of their ratings;
- assistance in protecting the legitimate interests of citizens in court.
You can find contact information for regional centers at gkhkontrol.ru/regions.
To submit complaints to the National Center for Public Control, an electronic feedback form is provided on the official portal of the organization. To send a request through it, the applicant must:
- Follow the link gkhkontrol.ru/sendmail.
- Enter your full name.
- Provide a contact phone number and email address.
- State the essence of the problem.
- Write about appeals to government agencies and the results of their consideration.
- If you have current documentary evidence of the above, attach electronic copies of them (no more than 3 pieces with a total size not exceeding 15 MB).
- Click the “Submit” button.
What can you write a complaint about?
Before you complete the document, you need to make sure that the claim relates to the utility company. What do apartment residents have the right to complain about? Here are some common problems:
- elevator malfunction;
- garbage chute clogged;
- unreasonable increase in payments;
- improper appearance of mailboxes;
- problems with water supply;
- roof leaking.
The terms of the agreement with the management company describe in detail all the obligations of the parties. If you discover a negligent attitude on the part of the service towards its duties, you have the right to file a complaint against them. Where can I go with it?
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