On 3 March, the constitutional court will consider the request of the deputies of the faction “SR” and the Communist party – they challenge norms of the law on payment for overhaul, which is collected from homeowners ‘ funds are directed to the “common pot”. Preparation for trial took a scandalous turn: the General Prosecutor’s office first sent to the CC a letter which partially admitted the unconstitutionality of certain provisions of the act, and now, suddenly withdrew the letter – “for revision”. According to experts, it may indicate a dramatic change in the position of the Ministry.
photo: Natalia Muslinkina
The law on introduction of payment for the overhaul was enacted in 2012, was introduced in the regions in stages, and last year earned throughout the country. The main method of financing the overhaul it recognizes so-called “common pot”, when homeowners pay their dues to the regional operator, by the government entity, and that already is schedules the sequence of repair of those or other buildings and works, and dispose of money.
In the fall of 2015 the deputies of the state Duma from fractions “Fair Russia” and the Communist party sent a request to the constitutional court to clarify whether such a scheme with the basic law of the country – it turns out that the citizen has a duty to repair that is not theirs and other people’s property.
A few days ago, as it became known to the media, the Prosecutor General’s office sent the COP a letter outlining its position on this issue. From the letter indicated that the office of Yuri Chaika also said “common pot” not quite constitutional. The Ministry of Finance and the Ministry of justice in their letters to the COP recognized the current order of financing of major repairs is absolutely correct and does not violate the Constitution.
“MK” talked about this around this request strange situation with the head of legal service of the CPRF, state Duma deputies Vadim SOLOVIEV.
– Do You think that means the latest news?
– In practice, this means changing the position of the Prosecutor General 180 degrees. If, as stated in the latest letter signed by first Deputy Prosecutor Alexander Buksman in the CC, SE decided to clarify its position and “modify” some of the details, it was not required to withdraw the first letter, which would suffice verbal explanations that would make the representative office during the case in the COP. But if the same Alexander Buksman that letter now withdrew, stating that the position GP will state orally the representative of the office – then this position changes radically, and is now the representative of the GP in the COP will be clear-eyed to convince us that the law on payment for overhaul completely conforms to the Basic law…
– What’s the reason for this turn?
– I think there are two main reasons: first, the question of payment for the repair is serious sounding, is causing great dissatisfaction in society, and secondly, if the COP recognizes the current collection and expenditure of funds is illegal, and will have to return the money, and in the midst of the election campaign the government and United Russia to admit that they committed while adopting the law big mistake…the Question of the social has become political, and in such cases the Prosecutor General’s office has always, unfortunately, takes under the hood. I think the prosecutors listened to the opinion even of the government and the presidential Administration. It’s a shame…
“MK” talked with the initiator of the request – the head of the Duma Committee on housing and communal services Galina KHOVANSKAYA (“CP”).
— Did you hear that the Prosecutor General’s office changed its mind and withdrew its letter to the COP?
– Not only heard, but immediately got this information. I must be one of the representatives of the deputies who filed the lawsuit in the CC, when considering the case on March 3, and therefore gets information about all incoming case documents. Yet, as far as can be judged from the message, the Prosecutor General’s office revokes your feedback for improvements.
– Improvements in what direction?
– I not undertake to judge, but ultimately the decision is still decided by the constitutional court, and hope dies last. Besides, we have a positive opinion of the Commissioner for human rights in Russia Ella Pamfilova supports us.
– What decision the COP suit You?
We want the citizens included in the “common pot” without conducting the General meeting, became entitled is to hold the meeting and confirm their consent to the money they are paying every month for the overhaul, and they walked on in this “common pot” and used to repair other houses. Those who this meeting come out, they let it in the pot and left.
But there are now formally citizens the right to hold a meeting, adopt a decision to withdraw from the “common pot” and the transfer of funds to a separate account of his house!
– Yes, but in 57 constituent entities of the Federation have still not taken a decision on reducing the length of the output. Even if you spend in such regions of the Assembly and declare that you want to open your own account and use the assembled in your house remedies to repair, for example, your Elevator, you have two years to wait until when to make an exit from the “common pot” will be finally possible…