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General Prosecutor Office considers capital repair fees partly unconstitutional
20.02.2016
The Constitutional Court received reviews from a number of ministries and agencies of the complaint brought by a group of State Duma deputies, who challenged constitutionality of fees for capital repair of apartment blocks. The General Prosecutor Office considers the argument about inequality of owners forming the capital repair fund on the regional operator’s account, and individuals who accumulate these funds in a special bank account. The challenged provision does not specify the scope and time limits for disposal of financial resources and does not determine the procedure of their repayment, which may create conditions in which owners will not be able to dispose of money credited to the operator’s account, and this is a breach of the Constitution.
Partner of YUST Law Firm Alexander Bolomatov told Vedomosti newspaper that payment for capital repair became a compromise: “The state does not have money for repair, and the people consider it unfair to pay for something the result of which they might not see. Therefore, the state offers transferring management of the house or suggests this option – and it gives some hope for repair, even if it happens in 2040”. However, according to the expert the General Prosecutor Office has a point too, saying there is no normal procedure, and requiring transparency: “The only solution is to adjust the plan of house repair taking income into account, and to reduce the price of capital repair".
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The Constitutional Court received reviews from a number of ministries and agencies of the complaint brought by a group of State Duma deputies, who challenged constitutionality of fees for capital repair of apartment blocks. The General Prosecutor Office considers the argument about inequality of owners forming the capital repair fund on the regional operator’s account, and individuals who accumulate these funds in a special bank account. The challenged provision does not specify the scope and time limits for disposal of financial resources and does not determine the procedure of their repayment, which may create conditions in which owners will not be able to dispose of money credited to the operator’s account, and this is a breach of the Constitution.Partner of YUST Law Firm Alexander Bolomatov told Vedomosti newspaper that payment for capital repair became a compromise: “The state does not have money for repair, and the people consider it unfair to pay for something the result of which they might not see. Therefore, the state offers transferring management of the house or suggests this option – and it gives some hope for repair, even if it happens in 2040”. However, according to the expert the General Prosecutor Office has a point too, saying there is no normal procedure, and requiring transparency: “The only solution is to adjust the plan of house repair taking income into account, and to reduce the price of capital repair".
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