The air temperature in the living room is Resolution 354. The temperature regime in the apartment is normal (SanPiN). What can affect the temperature in the apartment
The purpose and basis of the task of providing the utility service “heating” is to ensure the maintenance of temperature inside residential and non-residential premises in apartment buildings, indoors in industrial and public buildings, in accordance with current regulatory requirements. The implementation of this task is ensured mainly by the utility service provider.
Specified regulatory requirements temperature indicators in rooms are established by the following documents.
1. SanPiN 2.1.2.2645-10 (sanitary rules and regulations) approved by Resolution of the Chief State Sanitary Doctor of the Russian Federation dated June 10, 2010 N 64 (status - valid). The above-mentioned sanitary rules and regulations establish the need to maintain the temperature in residential premises (permissible temperature) during the cold period from 18-24 ° C.
Table 1. Optimal and acceptable standards temperatures in residential buildings
2. “Rules and regulations technical operation housing stock”, approved by Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 N 170 (status - valid).
In accordance with clause 4.10.2.1 of the mentioned Rules and Standards for the Technical Operation of the Housing Stock, during the operation of residential buildings, measures must be regularly taken to maintain proper temperature and humidity conditions, including:
- V attic spaces(in cold attic spaces - no more than 4 degrees Celsius above the outside air temperature, in warm attic spaces - not lower than 12 degrees Celsius). (clause 3.3. Resolution of the State Construction Committee of the Russian Federation No. 170);
- in basements and technical subfields the air temperature must not be lower than +5 degrees Celsius (clauses 3.4.1., 4.1.3. Resolution of the State Construction Committee of the Russian Federation No. 170);
- on stairwells(air temperature - not less than +16 degrees Celsius) (clause 4.8.14. Resolution of the State Construction Committee No. 170).
3. SanPiN 2.2.4.3359-16 (sanitary rules and regulations) approved Resolution of the Chief State Sanitary Doctor Russian Federation dated 06/21/2016 N 81 (current status. The above-mentioned sanitary rules and norms establish the need to maintain the temperature in production premises during the cold period from 19-24 ° C (in rooms where workers perform labor functions in a sitting position, as well as in a standing and moving)
Table 2. Permissible values of microclimate parameters at workplaces of production premises
Category IIa includes work with an energy consumption intensity of 175–232 W, associated with walking and moving small (up to 1 kg) products or objects in a standing and (or) sitting position.
Category III includes work with an energy intensity of more than 290 W, associated with constant movement, as well as moving and carrying significant (over 10 kg) weights.
The above SanPiNs are mandatory. According to Article 39 of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” dated March 30, 1999 N 52-FZ, compliance with sanitary rules is mandatory for citizens, individual entrepreneurs and legal entities.
Failure to comply with the standards specified in this article(requirements for room temperature indicators), is not only the basis for imposing fines on the utility service provider on the part of Rospotrebnadzor for violation of sanitary and epidemiological legislation, but also as a basis for filing a pre-trial claim, and then with a statement of claim for violation of consumer rights (also addressed to the utility provider).
Plenum of the Armed Forces of the Russian Federation for the purpose (Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 27, 2017 No. 22) in order to ensure uniform practice in the application by courts of legislation governing payment relations utilities made the following important clarifications.
Clause 21. of the above-mentioned Resolution in the event that utility services are provided to the consumer of inadequate quality and (or) with interruptions exceeding the established duration (for example, if the contractor, after concluding an agreement containing provisions for the provision of utility services, did not start providing utility services in a timely manner; if the parameters voltage and frequency in electrical network on the consumer’s premises do not meet the requirements established by the legislation of the Russian Federation, etc.), the consumer has the right to demand from the person guilty of failure to provide services or violation of the continuity of provision and (or) quality of utility services, compensation for losses, payment of a penalty, monetary compensation moral damages and a fine in accordance with the Russian Federation dated February 7, 1992 N 2300-1 “On the protection of consumer rights” (part 4 of article 157 of the RF Housing Code and paragraph 150 of the Rules for the provision of utility services to owners and users of premises in apartment buildings, approved by resolution of the Government of the Russian Federation Federation dated May 6, 2011 N 354).
At the very beginning, it is important to note that the use of non-residential premises as office and production locations automatically translates the question temperature standards in the scope of labor legislation.
The topic of safe working conditions is set out in Articles -211 of the Labor Code of the Russian Federation.
Article 211 of the Labor Code of the Russian Federation. State regulatory requirements for labor protection
State regulatory requirements for labor protection contained in federal laws and other regulatory legal acts of the Russian Federation and laws and other regulatory legal acts of the constituent entities of the Russian Federation, establish rules, procedures, criteria and standards aimed at preserving the life and health of workers in the process of work.
State regulatory requirements for labor protection are mandatory for legal and individuals when they carry out any type of activity, including design, construction (reconstruction) and operation of facilities, design of machines, mechanisms and other equipment, development technological processes, organization of production and labor.
The procedure for developing, approving and amending by-laws containing state regulatory requirements for labor protection, including labor safety standards, is established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.
The State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation approved one of the main documents in regulating temperature standards in non-residential premises - Sanitary rules and norms SanPiN 2.2.4.548-96 “Hygienic requirements for the microclimate of industrial premises”.
Important! In addition to these legislative acts, the key parameters of the efficiency of the heat supply system in residential and non-residential buildings are set out in.
What should the values be?
It is known that for residential and non-residential locations the basic permissible temperature threshold will be different. The most pressing “temperature” issue is in the heat supply of non-residential premises classified as industrial.
Attracting the labor of hired workers and their long stay here during the working day determines the development of basic hygiene requirements to physical and technical conditions, and, in particular, to temperature conditions.
According to the Sanitary Rules SanPiN 2.2.4.548-96, the standard temperature indicator is influenced by such factors as the intensity of the employee’s energy expenditure, time spent, seasonality, as well as peculiarities of the work schedule. Based on these parameters, temperature standards for non-residential premises are developed:
- 18–20°С – in the corridor (maximum permissible temperature – 16°С);
- 16–18°C – in the pantry (temperature allowed in the range from 12°C to 22°C).
For non-residential industrial premises Sanitary standards provide basic temperature indicators at a minimum level of 17°C. At the same time, the value of 26°C will already be considered extremely high for production premises.
The recording of standard temperature indicators in industrial non-residential premises must be reflected in the measurement report. It also includes a conclusion about whether the values recorded during measurement correspond to optimal indicators.
What to do if there is a deviation from the norm?
Based on the Rules for the provision of utility services to owners of premises, which were put into effect by Decree of the Government of the Russian Federation No. 354 of May 6, 2011, deviation from the optimal temperature indicator to a lesser extent entitles the owner of the premises to claim a reduced payment of 0.15% for each hour of poor heating.
Important! If the air temperature is non-residential premises does not meet optimal standards due to poor heating quality, its owner has the right to file a complaint with the service organization and report violations.
Eg, The average monthly payment for heating is 2000 rubles. If we recalculate this amount by the retention rate (0.15%/hour) and the number of hours: 200 * 2 * 0.0015 * 2000 = 1200 rubles. This amount in the example given can be deducted from the general “heating” payment.
According to the Rules for the provision of housing and communal services, a difference of 2 degrees gives legal grounds the owner of the premises in order not to pay bills accrued according to temperature standards that do not correspond to reality. To exercise this right, violation of temperature standards should be recorded in the inspection report of a special commission.
Important! In non-residential premises, the owner has the right to independently choose a provider of housing and communal services and enter into agreements with these organizations.
This somewhat simplifies the ability to defend one’s consumer interests, since communication is carried out directly with resource supply companies.
Conclusion
As a result, we will add: influencing the operation of heat supplies and maintaining clear standard temperature indicators in residential and non-residential premises is extremely difficult. Serious requirements for measurement, recording and certification of indicators often force people to abandon the work of defending their rights halfway.
At the same time, we emphasize that it is important and necessary to register all violations in the provision of housing and communal services, and heat supply, in particular. If any difficulties arise, you should contact a lawyer: qualified specialists will help you prepare all necessary documentation for appeals to government authorities, and defend legal rights owner.
Decree of the Government of the Russian Federation dated 05/06/2011 N 354 (as amended on 09/09/2017) “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings” (together with the “Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings” houses")
15. Ensuring standard air temperature<7>:
in residential premises - not lower than +18 °C (in corner rooms- +20 °C), in areas with the coldest five-day temperature (probability 0.92) -31 °C and below - in residential premises - not lower than +20 °C (in corner rooms - +22 °C);
in other premises in accordance with the requirements of the legislation of the Russian Federation on technical regulation (GOST R 51617-2000)
The document has become invalid due to the publication of “GOST R 51617-2014. National standard Russian Federation. Housing and communal services and management of apartment buildings. Public utilities. General requirements"(approved by Order of Rosstandart dated June 11, 2014 N 544-st).
"GOST R 51617-2000. State standard Russian Federation. Housing and communal services. General technical conditions."
(approved by Resolution of the State Standard of Russia dated June 19, 2000 N 158-st)
(edited on July 22, 2003)
According to the “Rules for the provision of utility services to citizens”, approved by Decree of the Government of the Russian Federation No. 307 of May 23, 2006, the temperature in a residential area should be no less than +18 degrees, and in corner rooms – no lower than +20. In cold regions, where the temperature of the coldest five-day period of the year is –31 °C and below, the temperature of residential premises should not be less than +20 degrees. But at the same time, the room must be well insulated, and the temperature is measured in the center of the large room apartments at a height of 1 m. The deviation cannot exceed 3 degrees at night, while the permissible excess is no more than 4 degrees. During the daytime, temperature deviation is unacceptable. Accordingly, you need to measure the temperature correctly. To do this, take a thermometer and hold it one meter from outer wall and one and a half meters from the floor. The measurement takes 10 minutes. The most effective way is to make a temperature graph by the hour. If you have recorded a violation of the temperature regime, you have every reason to contact the housing organization with a complaint.
First you need to notify the emergency dispatch service. It must be specified by the managing organization. The appeal can be either oral, including by telephone, or in writing.
The tenant must indicate his first name, last name, patronymic, residential address and describe the problem - the room temperature does not meet the standards. In turn, the service employee is also obliged to provide his last name, first name, patronymic, registration number of the application and time of its receipt. If the emergency dispatcher knows the reason why your home is cold, they should notify you. Thus, the management organization acknowledges the fact of non-provision of the service or its inadequate quality. This must be recorded in the log book. This mark serves as the basis for recalculating the payment for heating.
If he is not aware of the problem, then he must agree exact time establishing the fact of non-provision of services. This should happen within three business days. An inspection must then be conducted with the participation of the utility representative and the applicant. Based on its results, an act is drawn up that they must sign. This act also serves as a document according to which you have the right to request a recalculation. But management organizations often do not admit guilt and do not agree with the applicant’s claims. In this case, a secondary check must be carried out. Representatives of the state housing inspectorate and public association of consumers have already been invited to attend. And based on its results, an act is also drawn up signed by the consumer, executor, inspector and public representative. Having this act in hand, the consumer already has every right to demand recalculation. The act must indicate the violation of quality parameters, the time and date of the beginning of the non-provision of utility services.
Thus, in YOUR case it is difficult to demand that the management company increase the temperature, since according to YOUR information it already complies with the standard. There is a concept - a standard apartment air temperature, but the current legislation does not provide for the concept - comfortable temperature because it is completely different for everyone. If you intend to go to court, then you will have to prove not the fact that you are uncomfortable living with the temperature established by the standard, but the fact of violation of the law and the provision of services of inadequate quality. I advise you to measure the air temperature in the apartment and make sure that it really meets the standard. Otherwise, I see no chance of success in court.
Here is a cheat sheet. You can check it if you receive a complaint from a resident that the apartment is cold.
If the air temperature in the premises deviates from the standard values entity may be fined up to 10 thousand rubles. In addition, you will have to recalculate.
From this article you will learn:
- what should be the air temperature in the premises of the apartment building;
- what deviations are provided;
- how to take measurements;
- how to calculate the resulting indoor air temperature.
What should the air temperature be?
The air temperature in the residential premises of apartment buildings must comply with the requirements of paragraph 15 of Appendix 1 to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Government Decree No. 354 dated 05/06/2011 (hereinafter referred to as Rules No. 354).
In other rooms, the temperature is regulated by the legislation on technical regulation, in particular SanPiN 2.1.2.2645–10 (Appendix 2).
- excess of standard temperature - no more than 4 °C;
- reduction in standard temperature at night (from 00:00 to 05:00) - no more than 3 °C.
Reducing the air temperature in a living room during the day is not allowed. According to Rules No. 354, daytime time means the time from 05:00 to 00:00.
How to take a measurement
Measure the air temperature in living rooms by standing in the center of planes spaced 0.5 m from the inner surface of the outer wall and the heating element, and in the center of the room (the point of intersection of the diagonal lines of the room). Measuring device keep at a height of 1 m.
If the apartment has several rooms, take measurements in the largest living room.
Measuring instruments must comply with the requirements of the standards (GOST 30494–2011 “Residential and public buildings. Indoor microclimate parameters”).
How to calculate the resulting temperature
The resulting room temperature can be measured with a ball thermometer. At an air speed of up to 0.2 m/s, the resulting temperature is considered equal to the temperature of a ball thermometer with a sphere diameter of 150 mm.
The resulting temperature value can be calculated. The calculation rules are established in GOST 30494–2011 (Appendix A).
For air speeds up to 0.2 m/s, use formula 1.
FORMULA 1 Determination of the resulting temperature at an air speed of up to 0.2 m/s
At air speeds from 0.2 to 0.6 m/s, use formula 2.
FORMULA 2 Determination of the resulting temperature at air speed from 0.2 to 0.6 m/s
Radiation temperature is calculated from the temperature of a ball thermometer ( formula 3) or by temperature internal surfaces fencing and heating devices (formula 4).
FORMULA 3 Determination of radiation temperature using a ball thermometer (sphere diameter up to 150 mm)
FORMULA 4 Determination of radiation temperature from the temperatures of the internal surfaces of fences and heating devices
REFERENCE
Terms and Definitions
Optimal microclimate parameters are a combination of values of microclimate indicators that, with prolonged and systematic exposure to a person, provide a normal thermal state of the body with minimal stress on the thermoregulation mechanisms and a feeling of comfort for at least 80% of people in the room.
A room with permanent occupancy is a room in which people stay for at least 2 hours continuously or 6 hours in total during the day.
Radiation temperature of a room is the area-averaged temperature of the internal surfaces of room enclosures and heating devices.
The resulting room temperature is a complex indicator of the room radiation temperature and room air temperature.
ARBITRATION COURT OF THE REPUBLIC OF KHAKASSIA
In the name of the Russian Federation
SOLUTION
Arbitration Court of the Republic of Khakassia composed of judge E.V. Kaspirovich, when keeping the minutes of the court session by the secretary of the court session K.P. Kirbizhekova, examined in the open court hearing case on application
Limited Liability Company "Khakassky TeploEnergoComplex" (TIN 1903013620, OGRN 1021900698940)
to the State Housing Inspectorate of the Republic of Khakassia (OGRN 1041901000338, TIN 1901061466)
on declaring illegal and canceling the resolution of January 20, 2015 in the case of an administrative offense,
with participation in the case as a third party who does not declare independent claims regarding the subject of the dispute, the limited liability company "ZHEU-1" (TIN 1903018184, OGRN 1081903000520).
The following representatives took part in the court hearing:
applicant – Kruglov G.K. by power of attorney dated January 12, 2015 No. 03-2015 (vol. 1 case sheet 9), Rogozhin S.A. by power of attorney dated January 13, 2015 No. 17-2015 (vol. 2, pp. 7);
defendant – Samrin I.P. by power of attorney dated February 2, 2015 (vol. 1 case sheet 62), V.S. Olshevsky by power of attorney dated March 23, 2015 (vol. 2, pp. 5), Komarov D.V. by power of attorney dated March 27, 2015 (vol. 2, pp. 6).
The limited liability company "Khakassky TeploEnergoKompleks" (hereinafter referred to as the company) applied to the arbitration court to declare illegal and cancel the resolution of the State Housing Inspectorate of the Republic of Khakassia (hereinafter referred to as the housing inspection) dated January 20, 2015 in the case of an administrative offense.
By the contested resolution, the applicant was brought to justice on the basis of an article of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) in the form of an administrative fine in the amount of 5,000 rubles. for violation of the regulatory level or regime for providing the population with public services.
By a ruling of the arbitration court dated January 30, 2015, the company’s application was accepted for consideration through summary proceedings.
By a ruling dated March 26, 2015, the arbitration court decided to consider the case according to the rules of administrative proceedings.
By a ruling dated April 23, 2015, the arbitration court granted the company’s petition and brought into the case, as a third party not making independent claims regarding the subject of the dispute, the organization currently managing and servicing the house during the disputed period, the limited liability company ZHEU-1 "(hereinafter referred to as ZHEU-1 LLC).
The third party, LLC ZHEU-1, did not appear at the court hearing; the place and time of the trial was duly notified (notice dated June 11, 2015, vol. 2). In accordance with part 5 of the article of the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), the case was considered in the absence of a third party.
At the court hearing, representatives of the company supported the demands, referred to the arguments set out in the statement, in the explanations to the response (vol. 1 case file 167-169) and to the evidence presented in the case materials. The applicant's arguments are as follows:
The inspection report No. 453/24 dated December 5, 2014 does not indicate: the place where the report was drawn up, methods for measuring temperature in residential premises using an L-300 thermometer, verification certificate No. 4080/203, methods for measuring parameters of heat and water supply at the input house using an infrared thermal imager TESTO 875-2, verification certificate No. 016008950;
The materials of the administrative case do not contain information about the certificate of verification of the TM5 pressure gauge;
According to Appendix No. 1 to the Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354), the pressure in the water supply system must be measured at the point of water intake during the hours of the morning maximum (from 07.00 to 09.00) or the evening maximum (from 19.00 to 22.00 ); such measurements were carried out with a TM5 pressure gauge at 15:20;
According to Appendix No. 1 to Rules No. 354, when measuring temperature, instruments are allowed that must comply with the requirements of the standards, in particular Table No. 8 of GOST 30494-2011, the permissible error of the device should be no more than 0.1 degrees; the coolant temperature at the entrance to the house was measured using a TESTO 875-2 thermal imager, the error of which is about 2 degrees;
The administrative body did not prove the presence of a controversial administrative offense in the actions (inaction) of the applicant;
The reference in the contested resolution to clause 6.2.59 of the Rules for the technical operation of thermal power plants, approved by order of the Ministry of Energy of Russia on March 24, 2003 No. 115, is untenable, since these rules do not contain requirements for the quality of communal heating services. Such requirements are contained in Appendix No. 1 to Rules No. 354, among which there is no such requirement as the temperature of the water in the supply pipeline at the entrance to the house;
By virtue of paragraph 15 of section 6 (footnote 5) of Appendix No. 1 to Rules No. 354, the requirements for temperature conditions in apartments apply subject to the implementation of measures for insulating the premises (GOST R 51617-2000);
The company is not involved in the maintenance and operation of indoor engineering communications apartment buildings, is engaged in maintenance of internal communications Management Company- LLC "ZHEU-1".
Representatives of the housing inspection did not agree with the demands of the society, referred to the arguments set out in the response to the application (vol. 1 case file 55-61), and to the evidence presented in the case materials, they indicated:
The inspection report indicates the location of the inspection: Chernogorsk, st. Sovetskaya, 77; it contains the phrase “The measurement of air temperature in residential premises was carried out instrumentally in accordance with GOST 30494-2011 using a device..”, followed by information about the device used - electronic laboratory thermometer LT-300, verification certificate No. 4080/203 is valid until August 2, 2015, head. No. 1468403;
An infrared thermal imager TESTO 875-2 only measured the temperature of the carrier at the point of demarcation of the balance sheet; these measurements were made in accordance with the operating instructions; the note on the method of measuring the temperature of the coolant is not included in the inspection report due to the lack of free space for the mark in the report, but the device itself and its serial number are indicated in the report;
The inspection report contains a note about the pressure gauge model - TM5 and information about its state verification;
As part of the controversial inspection, air temperature in the residential premises was measured, as well as heating parameters at the border of the balance sheet of an apartment building, but not water supply parameters;
GOST 30494-2011 establishes requirements for measuring air temperature in a residential area, but not for measuring coolant temperature;
The maximum deviation of the device for measuring air temperature - electronic laboratory thermometer LT-300 meets the requirements established by Table 8 of GOST 30494-2011;
The error of the coolant temperature measuring device at the balance boundary is not regulated by Rules No. 354;
The company has an obligation to ensure high-quality provision of utility services - heating and all the parameters characterizing it up to the point of balance delineation, namely to the general building metering station for the thermal energy of the coolant, at the place of which measurements were carried out;
The TESTO 875-2 device, which is discussed in the decision of the Montenegrin City Court of June 20, 2014, was used for its intended purpose, namely for non-contact measurement of the spatial distribution of the temperature of the surfaces of solid (loose) bodies, gas jets and water based on their own thermal radiation and displaying this distribution on the LCD screen;
The passport of readiness, as well as the absence of comments on it thermal circuit(insulation), confirm the implementation of measures to insulate the premises before the 2014-2015 heating season;
Insufficient pressure drop is a consequence of deterioration in the quality of heat supply to the disputed residential building, which in turn causes a decrease in air temperature in residential premises;
The third party LLC "ZhEU-1" (the organization currently managing and servicing the house during the disputed period) did not provide a response to the application; at the court hearing on June 11, 2015, the representative of the third party was Arzamastseva I.N. supported the position of the housing inspectorate. She believed that the violation of the temperature regime in the apartments was due to the fault of the resource supply organization.
When considering the case, the arbitration court established the following.
On October 22, 2014, the prosecutor's office of Chernogorsk received an appeal from residents of apartments No. 14, 17, 22, 10, 12, 19, 29, 26, 23, 25, 18, living in an apartment building at the address: Chernogorsk, st. . Sovetskaya, 77 (hereinafter referred to as MKD), on taking measures in connection with a violation of the temperature regime - lack of heating (vol. 1 case sheet 85). On October 31, 2014, this appeal was sent by the prosecutor of the city of Chernogorsk for consideration to the housing inspectorate (vol. 1, pp. 84, 85).
Deputy Head of the Housing Inspectorate Gusachenko A.A. Order No. 1006-T dated December 1, 2014 was issued to conduct an unscheduled (on-site) inspection of the company’s compliance with the mandatory requirements of housing legislation and other regulatory legal acts, the quality of provision of housing and utility services to consumers living in apartment buildings (handed over to the company on December 1, 2014 , incoming stamp on the document, vol. 1 pp. 88).
By notification dated December 1, 2014, the company was notified of the need to appear on December 5, 2014 to jointly carry out with a housing inspection specialist measures for state control of compliance with the requirements of housing legislation in order to fix the quality parameters of utility services for heating and hot water supply, draw up and receive an inspection report (handed society December 1, 2014, incoming stamp on the document, vol. 1 pp 89).
Based on the results of the inspection, carried out in the absence of a representative of the company, an inspection report dated December 5, 2014 No. 453/24 was drawn up, which reflected the following:
Temperature recorded at living rooms, including in corner ones, in apartments No. 14, 19, 10, 27 (from +17.1? C to +21.5? C), not corresponding to the standard temperature (+20? C and +22? C) ;
According to the temperature schedule for the supply of heat energy to the boiler room of the company for 2014, the “Central” water temperature in the heating system should be +59.7? C, in fact +68.1? C on the supply pipeline and +37.5? C on the return pipeline;
The pressure in the heating network at the supply and return pipelines at the entrance to the house is P1 6.1 KGS/cm?, P2 6.0 KGS/cm?;
The pressure drop at the entrance to the house was 0.1 KGS/cm?, which is not enough for normal coolant circulation in the heating system, as evidenced by the large overheating of the coolant temperature in the supply pipeline at the entrance to the house.
A copy of the inspection report was received by the company on December 8, 2014 (incoming stamp on the document, vol. 1, pp. 90).
By notification dated December 8, 2014, the company was asked to appear on December 10, 2014 at the housing inspectorate to draw up a protocol on an administrative offense (received by the company on December 8, 2014, incoming stamp on the document, vol. 1 pp. 91).
On December 10, 2014, an official of the housing inspection, in the absence of a person brought to administrative responsibility, drew up a protocol on administrative offense No. 12/24, which reflects that the company violated clauses 5.2.1, 5.2.3 of the Rules and Standards for the Technical Operation of the Housing Stock, approved Resolution of the State Construction Committee of Russia dated September 27, 2003 No. 170 (hereinafter referred to as Rules No. 170), paragraphs 31, 149 of Appendix No. 1 to Rules No. 354, paragraph 9.2.1 of the Rules for the technical operation of thermal power plants, approved by order of the Ministry of Energy of the Russian Federation dated March 24, 2003 Year No. 115. It is indicated that liability for these violations is provided for in Article RF. A copy of the protocol was received by the company on December 11, 2014 (incoming stamp on the document, vol. 1 pp. 92-94).
By determination of December 25, 2014, the consideration of the case of an administrative offense against the company was scheduled for December 30, 2014 (received by the company representative K.G. Salatov on December 25, 2014 by power of attorney dated January 9, 2014 No. 04-2014, signature on the document, t . 1 pp. 96, 97).
In the explanations on the administrative case dated December 29, 2014, the company asked to terminate the administrative proceedings (vol. 1, pp. 98-99).
At the request of the company (vol. 1 case file 143), by a ruling dated December 30, 2014, the consideration of the administrative offense case was postponed until January 20, 2015 (vol. 1 case file 145).
The Housing Inspectorate, based on the results of consideration of the materials of the case of an administrative offense in the presence of a representative of the company, Kruglov G.K. (power of attorney dated January 9, 2014 No. 03-2014, vol. 1 pp. 144) a resolution was adopted on January 20, 2015, by which the company was brought to administrative liability under Article RF in the form of a fine in the amount of 5,000 rubles. (vol. 1 pp. 10-15).
Having disagreed with the resolution adopted by the housing inspection, the company, within the period established by law, challenged it in the arbitration court.
The case was considered in accordance with the rules of paragraph 2 of Chapter 25 of the Arbitration Procedure Code of the Russian Federation.
Having assessed the arguments of the persons participating in the case and examined the evidence presented in the case, the arbitration court came to the following conclusions.
By virtue of Part 3 of the Article of the Russian Federation, legal proceedings in the Russian Federation are carried out on the basis of adversarial law and equality of the parties.
The arbitration court is not a body carrying out administrative prosecution. Based on the principle of the presumption of innocence in conjunction with the principle of adversarialism and equality of the parties, the court has the right to establish a person’s guilt only if it has been proven by the body carrying out administrative prosecution.
Within the meaning of the above norms, the obligation to prove the guilt of a person in respect of whom a decision has been made to bring to administrative liability is assigned to the body ( executive), who made the corresponding decision in the case of an administrative offense.
By virtue of paragraphs 1, 3 of the article of the Russian Federation, in a case of an administrative offense, the existence of an event of an administrative offense and the guilt of a person in committing an administrative offense are subject to clarification.
In accordance with paragraph 4 of Article Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 25. Consideration of cases of administrative offenses > § 2. Consideration of cases challenging decisions of administrative bodies on bringing to administrative responsibility > Article 210. Trial in cases of challenging decisions of administrative bodies" target="_blank">210 Arbitration Procedure Code of the Russian Federation in cases of challenging decisions of administrative bodies on bringing to administrative liability, the obligation to prove the circumstances that served as the basis for bringing to administrative liability rests with the administrative body that made the contested decision.
When bringing the company to administrative responsibility, the administrative body did not reflect the presence of the subjective side of the alleged offense in the actions (inaction) of the applicant. In particular, he did not indicate whether the applicant had the opportunity to comply with the relevant rules, or what specific measures should have been taken by the company to comply with the requirements of the current legislation.
Having assessed all the evidence presented in the case materials in their totality and interrelation according to the rules of articles , and , the arbitration court came to the conclusion that the objective side of the offense, liability for the commission of which is provided for in the article of the Russian Federation, as well as the guilt of society in committing the charged offense, was determined by the administrative body not proven.
In accordance with paragraph 2 of part 1 of the article of the Russian Federation, the absence of an administrative offense is a circumstance that excludes proceedings in a case of an administrative offense.
The arbitration court also takes into account established judicial practice in similar cases, circumstances and arguments involving the same parties:
Decision of the Arbitration Court of the Republic of Khakassia dated June 23, 2015 in case No. A74-2740/2015 (has not entered into legal force (vol. 2));
Resolution of the magistrate of the court district No. 5 of Chernogorsk, Republic of Khakassia dated May 5, 2015 in the case of administrative offense No. 5-5-305/2015, by which the proceedings in the case of an administrative offense provided for in part 1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation (failure to comply with the order of the housing inspection), in relation to the company was terminated due to the absence of an administrative offense in its actions (entered into legal force);
A similar decision of the Montenegrin City Court dated June 20, 2014 (entered into legal force (vol. 1 case file 35-36)).
Taking into account the above, the court considers that the case materials do not confirm the presence in the company’s actions of an offense covered by the article of the Russian Federation, and therefore the company’s demands must be satisfied.
Guided by the articles - Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 25. Consideration of cases of administrative offenses > § 2. Consideration of cases challenging decisions of administrative bodies on bringing to administrative liability > Article 211. Decision of the arbitration court in the case on challenging the decision of an administrative body to bring to administrative liability" target="_blank">211 of the Arbitration Procedural Code of the Russian Federation, arbitration court
DECIDED:
Satisfy the application of the limited liability company "Khakassky TeploEnergoComplex".
Declare illegal and cancel the resolution of the State Housing Inspectorate of the Republic of Khakassia dated January 20, 2015 in the case of an administrative violation.
An appeal against the decision may be filed with the Third Arbitration Court of Appeal within ten days from the date of its adoption.
The appeal is filed through the Arbitration Court of the Republic of Khakassia.
Judge E.V. Kaspirovich
Court:
AS of the Republic of KhakassiaPlaintiffs:
LLC "Khakassky TeploEnergoComplex"Defendants:
State Housing Inspectorate of the Republic of KhakassiaOther persons:
State Unitary Enterprise "Institute "Abakangrazhdanproekt"JSC "Institute "Abakangrazhdanproekt"
Judicial practice on:
For utility billsJudicial practice on the application of Art. 153, 154, 155, 156, 156.1, 157, 157.1, 158 Housing Code of the Russian Federation
