Order to eliminate violations. Sample and form 2021-2022

Many residents of apartment buildings are wondering what to do and where to go if their neighbors litter the common corridor. Solving this problem is simple; to do this, you need to know what the management company’s order is and be able to fill out a sample on eliminating housing and communal services violations.

Often, residents of apartment buildings do not realize that they do not live in the house alone. They can dispose of common property as if it were their own, without asking anyone. However, by doing this they cause inconvenience to their neighbors. In such cases, the management organization may impose sanctions in the form of regulations.

Which companies are most often inspected?

According to the law, various types of inspections can be carried out in relation to almost any enterprise registered in the Russian Federation. But most often they are:

in companies involved in the trade of food products and pharmaceuticals;
in various types of production;
in educational and medical institutions.

There are checks:

on-site (i.e. carried out directly at the address where the company is registered);
remote (performed by employees of supervisory authorities at their workplaces).

Actions upon receipt

The main thing is not to panic. It is necessary to carefully study and analyze the received document. Next, figure out whether there was a violation? Next, you need to check your authority for such actions. To do this, you need to scroll through the agreement and find information related to this issue.

If you do not have an agreement, then you need to make a request to the Criminal Code.

If the requirements in the order are justified and the owner admits guilt, then he can resolve the conflict on his own by simply fulfilling the requirements of the Criminal Code within the specified time frame.

Otherwise, if a resident disagrees with the order, he has the right to go to court to protect his rights. It also makes sense to contact the housing inspector.

Frequency of inspections

The frequency of certain activities to monitor the activities of organizations is regulated by law and can vary in different cases (from monthly, quarterly inspections to inspections with a three-year break).

In addition, checks are divided into:

planned are those about which employees of the organization are notified in advance;
extraordinary.

The latter, as a rule, are carried out either as a result of complaints received, or so that the inspection staff can make sure that previously identified violations have been eliminated.

The peculiarity of unscheduled inspections is that they can be carried out once, and only after the expiration of the period given for correcting shortcomings or when the previously issued order has not been appealed in the prescribed manner.

Instructions outside the established procedure // How to determine the legality of requirements from a government agency

The issuance of orders by state environmental supervision bodies to eliminate violations of legislation in the field of environmental protection and natural resource management outside the inspection procedure of a legal entity or individual entrepreneur is a common practice. However, such regulations can be successfully challenged by natural resource users.

According to Art. 66 of the Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection” (as amended on December 31, 2017; hereinafter referred to as Federal Law No. 7-FZ) officials of state supervisory authorities who are state inspectors in the field of environmental protection, in the manner established by the legislation of the Russian Federation, have the right to issue orders to legal entities, individual entrepreneurs and citizens to eliminate identified violations of mandatory requirements. Relations in the field of organization and implementation of state control (supervision), municipal control and protection of the rights of legal entities and individual entrepreneurs in the implementation state control (supervision), municipal control are regulated by Federal Law dated December 26, 2008 No. 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” (as amended on April 18, 2018; hereinafter - Federal Law No. 294-FZ).

This law establishes the procedure for organizing and conducting scheduled and unscheduled inspections of legal entities and individual entrepreneurs by bodies authorized to exercise state control (supervision) and municipal control. Other measures to identify and suppress offenses in the field of environmental protection by state environmental supervision bodies are regulated by the Code of the Russian Federation on Administrative Offenses (as amended on April 23, 2018; hereinafter referred to as the Code of Administrative Offenses of the Russian Federation).

Often, state environmental supervision bodies bypass the requirements of Federal Law No. 294-FZ, when, based on the results of control and supervisory measures in relation to legal entities or individual entrepreneurs, in the event of violations of environmental legislation, they initiate cases of administrative offenses in accordance with Ch. 28 Code of Administrative Offenses of the Russian Federation. Based on Art. 29.13 of the Code of Administrative Offenses of the Russian Federation, based on the results of a case initiated regarding an administrative offense, the authorized body has the right to make only a proposal to eliminate the causes and conditions that contributed to the commission of an administrative offense. It should be taken into account that the Code of Administrative Offenses of the Russian Federation does not provide for such a form of response when committing an administrative offense as issuing an order (Part 1 of Article 17 of Federal Law No. 294-FZ). What to do if a government agency issued an order without the procedure established by Federal Law No. 294-FZ It is necessary to distinguish between the procedures for conducting inspections, other control and supervisory activities and measures to identify and suppress environmental violations in relation to a legal entity or individual entrepreneur. This fact is established on the basis of procedural documents of a state body (order (instruction) to conduct an inspection or other control and supervisory measures). In the case of issuing an order to eliminate identified violations based on the results of an instituted case of an administrative offense within the framework of the Code of Administrative Offenses of the Russian Federation to such a legal entity, individual entrepreneur it is necessary to file an application to appeal a non-normative legal act in accordance with Ch. 24 of the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation). It should be noted that the issuance of orders to eliminate identified violations based on the results of consideration of cases of administrative offenses is also recognized as illegal by the judiciary. Judicial practice According to the Determination of the Supreme Court of the Russian Federation dated October 1, 2015 No. 302-KG15-11889 in case No. A33-23181/2014, refusing to transfer the cassation appeal to the Office of Rospotrebnadzor, the court found that the interested party did not inspect the enterprise in the manner established by the Federal Law No. 294-FZ, and conducted an administrative investigation in accordance with Art. 28.7 of the Code of Administrative Offenses of the Russian Federation, the norms of which do not provide for the issuance of an order based on its results. In this regard, and in order to eliminate the causes of the administrative offense and the conditions that contributed to its commission, the administrative body, based on the results of such an investigation, was obliged to submit a proposal to take measures to eliminate these causes and conditions (Article 29.13 of the Code of Administrative Offenses of the Russian Federation), but not issue an order. Due to significant violations of the procedure for issuing the contested order, the courts, on the basis of Part 2 of Art. 201 of the Arbitration Procedure Code of the Russian Federation declared it invalid. Thus, issuing an order outside the inspection procedure established by Federal Law No. 294-FZ is a gross violation of current legislation and entails the recognition of the contested order as invalid. However, there is directly opposite judicial practice on challenging non-normative legal acts. The presence of such opposite practice when courts consider cases challenging non-normative legal acts is due to the absence of an established restriction on the rights of officials carrying out federal state sanitary and epidemiological supervision. So, in contrast to paragraph 1 of Art. 66 Federal Law No. 7-FZ, paragraph 2 of Art. 50 of the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population,” which lists the basic rights of officials exercising state sanitary and epidemiological supervision, does not have an important limitation on establishing the powers of officials obliging officials to exercise their rights only in the manner established by the legislation of the Russian Federation (Federal Law No. 294-FZ, Code of Administrative Offenses of the Russian Federation

What types of checks are there and why are they needed?

Checks can concern anything:

compliance with safety standards (fire, environmental, etc.);
organizing the operation of production lines (including rules for operating equipment);
assessment of product quality, conditions of its production and storage;
maintaining documentation;
compliance of the enterprise’s activities with the requirements established in the legislation of the Russian Federation, etc.

In order to make sure that the objects being inspected comply with the law, representatives of regulatory structures can:

carry out a visual inspection;
conduct practical tests;
take samples of product samples;
carry out various examinations, studies, etc.;
request written explanations regarding errors and shortcomings.

All inspections are aimed at protecting the activities of enterprises and organizations, reducing their negative impact on the environment, and reducing all possible risks for company employees and product consumers.

Deadlines for fulfillment of requirements

Basically, in each order, the management company indicates the deadlines for fulfilling its requirements. However, there are documents that do not have a specific period. In this case, the tenant is given 30 calendar days to settle the situation and resolve all problems.

In a situation where the deadline for fulfillment in the order is too short and the owner is not sure that he will be able to fulfill all the requirements during this time, then you can ask the management company to extend the deadline through peaceful negotiations.

If the company has not made concessions, you have the right to file a complaint.

Is it possible to appeal a document?

Any order can be appealed. As a rule, ten working days are given for this (but it is better to find out the exact time frame in each case separately).

An appeal must be submitted only to the authority that conducted the inspection, and only in writing.

It should be remembered that filing an objection to an order does not stop its action, so it is better to write and send it immediately after receiving comments.

If the case of challenging an order comes to court, it is necessary not only to have in hand the original document, but also a full understanding of the legislative framework on the basis of which the interests of the organization will be defended.

Reasons for receiving an order

Management organizations are legal entities that cooperate with citizens (owners of an apartment building) on the basis of a concluded agreement.

As a rule, the powers of management companies include the management of apartment buildings and the maintenance of its common property. The management company is also responsible for carrying out repair work and holding meetings if necessary.

Article 161 of the Housing Code of the Russian Federation contains information about organizations that have the right to manage apartment buildings, including the management company.

Based on judicial practice, it can be noted that management organizations sometimes act as arbitrators and regulate controversial situations that arise between residents of the house. Article 20 of the RF Housing Code clearly regulates the powers of the Criminal Code to issue orders if necessary.

Prescriptions are only possible in certain cases. These points are always discussed when concluding an agreement.

Situations in which an order may be issued:

regular violations of the rights of residents by other residents;
the owners violate the terms of the agreement;
appropriation of common property by residents;
residents prevent the management organization from doing its job.

If the agreement has already been drawn up and signed, then after receiving the order, you must carefully study the clauses of the agreement, which stipulate the conditions for receiving the orders. Next, you should weigh everything and compare whether there really were violations.

Important. If the agreement does not stipulate the terms of the instructions, then the owners have the right to appeal this fact in court.

Contents of the order

The prescription, as a type of document, does not have a single form. Various departments and institutions develop their own, individual forms. However, there is information that is contained in any such document:

information about the supervisory authority and the person who directly carried out control activities;
the date, place of the inspection and the company that was subjected to it;
the type and form of inspection are indicated, as well as references to the laws and regulations on the basis of which the inspectors act.

The main part of the prescription can be presented either as a list or as a table. Here are the details:

all shortcomings, errors and violations discovered by controlling persons;
deadlines for their elimination;
Recommendations are given (in some cases).

The order is always signed by the representative of the supervisory authority who carried out the inspection, as well as by an employee of the organization who was present.

The document is written in two copies , one of which is handed over to an employee of the enterprise, and the second is sent to the controlling structure.

Compilation order and content

On the Internet you can see many examples of filling out prescriptions. However, they all have a common writing principle. Writing rules include:

Design on A4 sheet.
Filling out in printed form (by hand is not allowed).
Use a standard font when designing.

Instruction to the apartment owner from the management company: sample filling

The document header is in the upper right corner.
It indicates the sender’s data (name of the management organization and full name of the general director), as well as the recipient’s data (address and full name of a specific resident or group of residents of the house). If there are many violators of discipline, then the order is sent to each individual.
In the middle of the document its name (instruction) is written. And then comes the text telling about the violation of a specific clause of the agreement. In this case, a line from the agreement is first quoted, and then the essence of the tenant’s violations and specific actions related to this violation are stated.
The following is a link to the Housing Code of the Russian Federation and the proposals of the Criminal Code to resolve the problem. For this purpose, the management company specifies certain deadlines in the order.
This is followed by the date and signature of authorized persons.
The document is sent by mail or delivered personally to residents.

What is an order from the management company to the apartment owner?

Having received this document for the first time, the question immediately arises - what can it mean and what legal force does it have?

Many citizens, having received the order in their hands and familiarized themselves with its text, are in no hurry to carry out what is described simply because they do not know what threatens them for the lack of an appropriate reaction.

Meanwhile, an order is a legal document that is endowed with appropriate force .

If we talk specifically about the management company’s order, then, as a rule, this document can be sent to specific owners in the event of their violating public order or causing other inconvenience.

Help: the order of the Criminal Code must clearly indicate what exactly constitutes an offense on the part of the residents and what measures need to be taken to correct the situation.

The order must be given due attention, because otherwise, if there is no response, the disobedient owner may be fined by the Housing Inspectorate or even end up in court as a defendant.

Agree, this is not a rosy prospect at all, but, nevertheless, such a serious punishment threatens those who considered what was happening to be an empty shock of the air. But even if a citizen knows what such an order is and takes this document very seriously, it is not always clear whether the management company has the right to send such documents, and if so, in what cases.

What does it contain?

On the Internet you can find hundreds of options and samples of instructions, but in fact, filling out each of them is subject to one principle.

It must be written on a white sheet of paper in standard A4 format. The prescription is not written by hand ; it is printed on a computer or typewriter in a standard font.

As a rule, this document is filled out in the same way. The so-called “cap” fits on the right side. The sender of the order is indicated, namely the name of the management company headed by the director, and the addressee, a specific tenant or residents of a separate apartment are also indicated.

Information: if the violators are several owners, then a separate order is drawn up for each of them.

Next, the word “Prescription” is indicated and the narration begins below. The management company draws attention to your violation of a certain clause of the contract and quotes it, after which it describes your unauthorized actions.

After this, if possible, referring to the Housing Code, the Criminal Code must propose ways to solve the problem, indicating the time frame for this to be done . After which the date and signature of an official of the management company are put. As a rule, such an order is submitted personally to the owner or to his mailbox.

What to do if neighbors litter the common corridor

Often in the entrances you can see the following picture: the neighbors of one of the apartments made repairs, purchased new furniture, and simply moved the old one to the common staircase. Littering of common areas is not uncommon and usually people get so used to it that they do not want to react in any way to this mess. But this is absolutely wrong behavior.

At a minimum, neighbors interfere with the personal space of others, block the passage, and make it dangerous for them to leave their homes. In addition, it violates the rule about keeping personal property in the home in good condition. This is a violation in terms of fire safety: it can block windows, fire elevators, hatches, and stairs; there should be no flammable materials in the entrance. The Housing Code stipulates that residents living in apartment buildings do not have the right to litter common areas with personal belongings.

There are several ways to solve this type of problem with neighbors:

Conversation. If the residents of your building are peaceful and can agree with their mistakes, great. Everything can be done with a normal conversation. The conversation can be held by inviting other residents to it. During the conversation, you can add some comments about how to use the common property. If they do not want to resolve the conflict peacefully, you should not threaten them with violence, this violates personal human rights.
The second step to solving the problem, if the conversation does not work, is to contact the Criminal Code. You should write a statement of violation, indicating the laws and acts being violated. After reviewing the application, the company is obliged to send a person to your home who will document the clutter. If the Criminal Code ignores the appeal, you can go to court.

Once a violation has been established, the management company must demand its correction. If the order is ignored, more severe sanctions are imposed against violators.

Complaint to the housing inspectorate. This body exists in every city; it deals with housing and communal issues and must ensure order in residential buildings. If the requirements of the Criminal Code do not work, it transfers the case of littering of common property to the housing inspection.

When the inspection receives an application, it is reviewed and a response is sent with the date of arrival at the place of violation. The inspectorate may issue a fine to the apartment or impose administrative liability.

A housing inspection will help eliminate delinquency, especially in a high-rise building, since more people are unsafe than in a low-rise building.

If there are flammable materials in the common corridor or they block the passage to the fire elevator, hatch, windows, etc., you can write a statement to the fire inspectorate and the Ministry of Emergency Situations.

Similarly with the housing inspection, a representative from the fire department comes and, if he actually finds violations, issues a fine to the apartment for failure to comply with fire safety. If a person simply paid the fine and did not remove things, you can call the service again. In the end, the neighbors will not want to constantly pay fines and they will have to vacate the common premises.

The response from this service is fast because they fix security issues.

Going to court. If you tried the previous methods and they did not bring results - the neighbors did not remove the garbage from the common landing, you can write a statement to the court. Legal proceedings will require a lot of time to assert your rights and file a claim, and you will also have to pay a fee.

This can be done collectively, which will reduce problems, but will not get rid of them. After the case is considered in court, there is a 100% chance that the violators will correct the problem in the near future.

What to do if you are bothered by your neighbors littering your apartment?

When people purchase housing, they sign an agreement, in which one of the standard points is compliance with sanitary order in the living area and in the common area. However, the owner of the apartment does not always comply with this rule, which can cause inconvenience to the residents of the entire entrance. These inconveniences can be expressed by an unpleasant odor, insects, smoke, etc. The neighbors' loggia may be crowded with things, which poses a risk of it falling on passers-by passing underneath. This is especially dangerous if the balcony is made of wood, since in the rainy and snowy seasons it can absorb moisture, and in the hot season it can dry out and lose its strength.

Important! If such signs have been present among your neighbors for a long time, you have the legal right to contact at least the management company. She cannot refuse to consider this issue, and if obvious violations are detected, measures will be taken.

If you want to solve the problem immediately, and spend a little more of your time on it, you can contact Rospotrebnadzor for help. Such organizations usually arrive at the scene of the violation almost the next day after receiving the application.

Thus, if your neighbors cause inconvenience to you and your family, you can calmly contact the management organization, which will suggest a way to solve the problem. After all, it is better to spend a little of your time to free up the common area, so that later you can live in comfort and safety.

Is it possible to file complaints against orders?

If you believe that the order that came to your name is illegal or untrue, and also if your rights are violated to some extent, as in the case of deadlines, you can contact the housing inspector.

There, having provided a copy of the order and an agreement with the management company, you must write a complaint and indicate in detail how, in your opinion, you were violated . After this, the complaint will be sent for consideration.

Based on the results of the review, which usually takes a week, a decision will be made on which the complaint will either be left without action, or sanctions will be taken against the management company. It all depends on the current situation.

Note! If the decision of the Housing Inspectorate does not satisfy you, you have the right to apply to the court to protect your rights.