Certificate of residence in the apartment. Why do you need an act of actual residence (joint): a sample certificate and its execution
Actual residence at the address registered to a citizen is far from a common occurrence. There can be many reasons for absence from the official address, for example, other housing. In such cases, it may be necessary to issue documents confirming that the person does not live according to official registration - an act of actual residence.
Features of the conclusion of the act
When preparing papers about a citizen’s actual place of residence, it is important to have a specialized commission, which includes:
- district police officer;
- housing and communal services employees;
- neighbours.
There is no established form in the legislation for the execution of this document. In this regard, it is permissible to draw up an act in free form. This document comes into force provided there are no contradictions.
Important! To draw up the act, it is necessary to conduct an inspection with the participation of the owner, which will confirm the applicant’s words.
Details necessary for drawing up a document on actual place of residence
The most important function of this document is the ability to prove that the citizen does not live at the place indicated in the registration. In this regard, it is necessary to indicate:
- date of drawing up the act;
- place of signing the document;
- refer to evidence of a person’s residence other than at an official address.
It is also necessary to indicate the current address of residence, and all those present must witness this act with personal signatures. Then it is transferred to the management company.
About liability and penalties
If a citizen is absent from his place of registration for a long time - more than 90 days - a fine of 5,000-7,000 rubles may be imposed.
The most difficult point is to collect evidence indicating the absence of a person at the specified place of residence. Especially in cases where the actual place of residence is located close to the official place. This makes it difficult to impose a fine in practice.
Legal effect of the document
The act indicating the actual place of residence is valid from the moment the document was signed by all members of the inspection commission. If there are no contradictions, the deed may be considered important evidence in legal proceedings.
Other options for establishing the fact of residence
Witness testimony has a significant impact. The number of sleeping places and cutlery is important. The presence of a local police officer during the inspection is also significant. Interested parties may also include housing inspection authorities.
The procedure for concluding an act
If the owner of the property refuses to sign documents confirming residence, then other persons living in the apartment can attest to them. The head of an apartment building can also sign this paper, provided that an official cooperative is not organized. If such a community is formed and operating, then the right to sign passes to its head.
For your information! One copy of the act of residence must actually be kept by the person who is officially registered at the address.
Additional rules
Several witnesses should be brought to the trial to provide evidence of the applicant’s actual residence. All documents must be officially certified by the Housing Office.
It is also welcome if the applicant’s words are confirmed in court by the district police officer and the property owner.
The first step is to issue a certificate of family composition. After which you can submit requests for the execution of an act, which confirms that the citizen registered in the apartment does not actually live under registration.
If you need to evict your neighbor tenants
There are times when we have to deal with illegal actions such as renting out living space. It happens when people renting housing violate generally accepted rules and disturb other residents, and the official owners of the apartment do not take any action.
Executed documents on actual residence help in cases where housing is leased with violations. It will be necessary to make documents indicating the fact that the owners do not actually live in their own apartment. With this official conclusion, it is much easier to file a complaint with the relevant authorities.
It is possible to use other evidence that the housing is being rented illegally. For example, you can contact the housing office, where they will provide official confirmation of the fact that the rental is illegal.
It is also possible to contact regional authorities. In this option, the police are responsible for checking the residence of persons at their place of registration.
According to the law, homeowners must promptly notify about new persons registering at the same address. Inspecting authorities can check the place of residence of any citizen.
Note! However, even a signed act on the place of residence is not a sufficient argument for recalculating the payment for the resources used in the apartment.
A document indicating that a person does not reside at the place of official registration is drawn up in writing. Additionally, an act is signed on the results of the inspection of the living space and the collection of data from witnesses by representatives of authorized authorities.
The document contains information about the actual situation, and attaches evidence from the residents and owner of the property who participated in the execution of the act. Also attached is a package of papers and copies, which may also indicate information about the real place of residence of citizens.
Many citizens in Russia today do not live at the address at which they are officially registered on a permanent basis. This is due to various reasons, ranging from the banal desire to make money in another locality and ending with existing real estate in another region.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FOR FREE!
In any case, it is imperative that the authorized bodies draw up an act regarding non-residence at the place of registration, which is used for the purpose of performing the prescribed actions for a specific situation.
However, not all citizens know exactly what a sample act looks like and what the basic rules for drawing up are provided for it.
Concept
The act in question is considered the main documentation, which establishes the fact of confirmation that a specific person does not actually live at the registration address.
Documentation of this kind is used for the purpose of submission to various government bodies. Eg, they are used when applying for a subsidy or in a judicial body to resolve various conflict situations, including when considering the issue of forced eviction.
As for the structure and content of the act regarding non-residence in an apartment or other residential real estate, you should pay attention to the judicial practice in which it is applied in most cases.
Eg, the owner of residential real estate, has every right to file a claim with a judicial authority for the purpose of forcibly evict a guest who has actually lived in another place for a long time and takes part in the maintenance of the housing (does not pay for utilities, does not help make repairs, etc. ).
Regardless of the main reason why there is a need to confirm the absence of residence, words alone will clearly not be enough.
To draw up an act, you should definitely pay attention to some nuances in order to avoid the risk of entering any false information.
When resolving any serious issues, it is recommended that you initially contact a qualified lawyer who will assist in filling out the act.
Legislation
The meaning of some terminology is clearly explained.
Based on these legislative acts, the place of registration is usually considered to be the address of the residential property at which a person is registered temporarily or on a permanent basis.
In the specialized database of the authorized body, this place is displayed as the location of the person there, and if there is a need to find him, then this particular address will be displayed as the most likely one.
At the same time, any residential property in which the person is a resident and registered can be considered the place of actual residence.
Often citizens do not live at their registration address, thereby violating the action. For this reason, the law, which provides for administrative liability, comes into force.
Necessity of the document
The document in question is considered required in cases where a process has been initiated regarding the forced eviction of a tenant who does not live at the place of registration or registration.
This question is often raised when illegal rental of residential property is identified and, accordingly, the need to evict the tenant to another residential property, the address of which is displayed in his passport, directly in the registration section.
In case of long-term residence at the place of registration, the basis for the formation of an act, For example, may be a complaint from residents of the property or neighbors reflecting a certain fact.
In addition, this kind of document may be in demand during a person’s long absence, in order to provide information to law enforcement and other investigative authorities.
It is possible to contact the authorized body for the purpose of drawing up an act and upon the fact of residence in another region/location for a possible recalculation of utility bills.
Video: in detail
Who makes up
An act of non-residence in residential real estate can be formed:
- authorized persons of housing organizations;
- district police officers;
- authorized persons of registration units of law enforcement agencies;
- bailiffs.
It is worth paying attention to the fact that representatives of the housing department can also fill out this kind of act. In addition, the legislation of the Russian Federation allows the possibility of drawing up an act by private individuals - neighbors, owners of residential property and even landlords.
Reasons for receiving
A document regarding the absence of a citizen at his place of immediate residence is grounds for eviction.
Eg, valid reasons include debt for utility services for at least 6 months.
It is worth additionally paying attention to the fact that if a person has not expressed a desire to be deregistered, then he has the right, on the contrary, to draw up an act of residence and prepare all the necessary evidence.
Form
The act of non-residence does not have a set form, as would be provided for by the legislation of the Russian Federation.
However, it is necessary to remember that depending on where the document will be submitted, you should pay attention to some nuances.
For the court
If the purpose of drawing up an act is to submit it to a judicial authority, then the mandatory participation of all interested parties is necessary at the court hearing.
The participation of the owner of residential property or his notarized representative is mandatory.
Additionally, it is possible for those persons who temporarily live in the same residential property to participate. If necessary, you may need a written explanation from all participants in the inspection, as well as, in addition to their opinions, other important information that can help in resolving a specific issue.
For subsidy
There is nothing complicated in drawing up an act for the purpose of obtaining a subsidy.
This will avoid various misunderstandings with authorized bodies in the future. The form of the act is arbitrary.
Sample of filling out a certificate of non-residence at the place of registration
This type of document must be formed exclusively in written form. There are no special requirements.
The only condition is that the act displays all the necessary information established by the regulations.
What it contains
The document in question should contain basic information such as:
- full name of the document;
- composition of the commission;
It is worth noting that you need to indicate not only the initials of the commission member, but also his full residential address.
- further information should be provided that all citizens indicated in the document carried out a visual inspection of the offender’s property in strict accordance with the current legislation of the Russian Federation;
- after this, information is indicated that upon completion of the visual inspection, the fact of residence/non-residence of a particular person for a long period was established or not established.
This can be confirmed by the absence of personal belongings and other signs that directly indicate actual residence.
In addition, the document displays the date of preparation and the exact address. After this, it is mandatory to indicate the signatures of all persons participating in the procedure.
Form
As noted above, the form of the act is arbitrary, since it is not approved by the legislation of the Russian Federation. At the same time, it must be remembered that the presence of errors in it is the basis for declaring it invalid.
Structure
The structure of the document is standard and looks like this:
- document header;
- main part:
- final part.
The rules for compiling are indicated above.
What are the risks of living outside your place of registration?
An act of actual residence in the apartment is drawn up in the event of the start of the process of forced eviction of persons who do not have registration at their place of residence. It is also required in case of a conflict with the management company or utility service.
Design features
The act becomes the main document confirming that the apartment is being rented with serious violations. Tenants may be a nuisance to neighbors or lead unacceptable lifestyles. Having this document makes it easier to file an eviction complaint.
It is important to complain about specific people who do not live at their place of registration. Otherwise, the act will not be considered. A mandatory requirement is the presence of a special commission, which can be formed from the following persons:
- District;
- Specialists from the management company;
- Neighbors;
- Other interested parties.
The legislation does not establish the exact form of the application, but it can be drawn up in any form. The document acquires legal force as soon as it contains the signatures of all specified persons.
How to fill?
Typically, the management company acts as the initiator of drawing up the document. And neighbors are involved as witnesses. In the presence of the district police officer and at least 3 neighbors, an examination is carried out for the belongings of the persons who actually live here. The owner of the apartment must be notified about this so that he can be present in person.
Although the act does not have a prescribed form, it must contain the following information:
- Date of filling, city or other locality;
- Full names of neighbors and their residential address;
- Full name of the employees of the management company and their position;
- Full address of the apartment;
- Full name of the apartment owner and the date of his notification;
- The names of all persons identified as residing on the premises;
- A list of everyone registered in the residential premises;
- Reason for drawing up the document;
- Signatures of all listed persons.
The document must be signed by the owner of the apartment and the persons living in it. If they refuse to sign, the relevant information is indicated in the act.
Sample of filling out the act of actual residence:
Thus, the drawn up act is used as part of the eviction documents along with a complaint to the court. There must be actual evidence of violation of the rights of neighbors and lack of registration at the place of residence. A correctly drawn up document is the basis for consideration of the case; the testimony of witnesses and officials is additionally taken into account.
The use of communal resources by illegally living citizens in a residential building that is not equipped with individual metering devices, in the presence of general building metering devices, leads to an increase in general house expenses, and therefore to an increase in the amounts in receipts for utility services of all other owners of the premises of an apartment building (formulas 11, 13 Section III of Appendix No. 2 to the Decree of the Government of the Russian Federation of May 6, 2011 No. 354).
To correct this situation, citizens can initiate the process of establishing the exact number of citizens living in the premises by drawing up an act and submitting it to the internal affairs bodies.
Request for drawing up an act
A citizen has the right to submit an application to the utility service provider servicing the relevant residential premises to establish the number of citizens temporarily residing in it. Such a contractor can be management companies, homeowners' associations, cooperatives (clause 2 of the Rules for the provision of utility services, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354).
The contractor has the right to draw up an act establishing the number of citizens temporarily residing in the residential premises if he has information about consumers temporarily residing in the residential premises who are not registered in this premises at their permanent (temporary) place of residence or place of stay (clause
Sample act of actual residence in the apartment
56(1) of the Regulations).
Such information may be testimony from neighbors, other owners, video surveillance data, etc.
Help. Temporary resident
Temporary residents are considered citizens who live in residential premises for more than five days in a row (clause 56 of the Rules).
Procedure for registration and transfer of the act
The act is signed by the executor and the consumer (consumers), as well as the chairman of the council of the apartment building or the chairman of the homeowners' association or cooperative.
The act can be drawn up both in the presence of the owner of the residential premises (permanently residing consumer) and in his absence.
The act must include the following information:
- date and time of its preparation;
- last name, first name and patronymic of the owner of the residential premises (permanently residing consumer);
- address, place of residence of the owner of the residential premises;
- information on the number of temporarily residing consumers;
- date of commencement of residence of temporary living consumers - if it is possible to determine such a date and subject to the signing of the act by the owner of the residential premises (permanently residing consumer).
If the owner is absent from the residential premises during the preparation of the act, a corresponding note is made in the act.
Also in the act a note is made about the refusal of the consumer owner to sign the act.
The act is drawn up in at least three copies.
The utility service provider is obliged to hand over one copy of the act to the owner of the residential premises (if a refusal to receive the act is made, a note is made), another copy of the act is sent by the contractor to the internal affairs bodies within three days from the date of preparation (clause 56(1) of the Rules).
Thus, violations of the housing rights of citizens by irresponsible owners of premises who allow persons to live in their premises without properly formalized permanent or temporary registration can be suppressed with the help of organizations providing utility services and authorized bodies.
Act of actual residence
Act of actual residence Samara "___"______________ 201_ Commission authorized on the basis of the minutes of the general meeting No. ___ dated ________________ (Order on the management organization or agreement between the council of the MKD and the management company) Consisting of: 1.______________________________ The basis for the inspection is: (decision of the general meeting of owners of premises in the apartment building, according to statements from residents, by and large excessive consumption of water using a common house meter, etc.) (notice data) As a result of the examination, it was established that in apartment No. _______ of building No. ______ on __________________________ street the following were registered at the place of residence: 1. _______________________________________________________________* 2. _______________________________________________________________* 3._______________________________________________________________ * Note*. The citizens registered at this address are indicated, the date of registration, from what period the citizens have been living, in case of temporary residence without registration, then their full name is indicated. temporary residents and place of registration according to their passport, as well as for how long they have been living at this address. If you refuse to provide information on temporary residents, the commission indicates the numerical number of residents and makes a note about the refusal to provide information signed by two witnesses. The circumstances of residence (non-residence) are confirmed by photo and video materials, testimony of witnesses, certificates of payment for services at another place of residence, data from electrical meter readings. energy and other documents that, in the opinion of the commission, confirm the fact of residence. Commission conclusion: In accordance with Section VI, paragraph 56 of the Decree of the Government of the Russian Federation No. 354 of May 6, 2011 “Rules for the provision of utility services to owners and users of premises in apartment buildings” (... if the residential premises are not equipped with an individual and (or) common (apartment) meter hot water and (or) cold water and (or) electrical energy are used by temporarily residing consumers, then the amount of payment for the corresponding type of utility service provided in such residential premises is calculated in accordance with these Rules based on the number of consumers permanently residing and temporarily residing in residential premises. Moreover, for the purpose of calculating fees for the corresponding type of utility service, the consumer is considered to be temporarily residing in a residential premises if he actually resides in this residential premises for more than 5 days in a row...). __________________________________________________________________ __________________________________________________________________ Admit that at the address: Samara st.___________________________, no. |
How to draw up an act on the number of citizens temporarily residing in residential premises?
Sq. ________ temporarily reside __________________ people:
(indicate the number of people)
- FULL NAME._______________________________________________________
Management company (housing association, housing cooperative)___________________________
(name of the management company, HOA, No. ZhSK)
Send this act to the owner (tenant) of the premises within 7 days from the date of preparation. This act is the basis for changing the procedure for paying for utilities.
Signatures of the commission members indicating their full names:
_____________________ _____________________
_____________________ _____________________
Signatures of neighbors indicating full name. and apartment numbers: 1._____________________ ______________________
2._____________________ _______________________
3. _____________________ _________________________
Signatures of the owner (tenant): ___________________________________
Signatures of temporary residents: ________________________________
________________________________
________________________________
All forms and forms on filling-form.ru
How to draw up an act of non-residence at the place of registration or actual residence at the address, sample
Quick navigation: Catalog of articlesOther issues Act on establishing the number of citizens temporarily residing in the premises (Sholomova E.V.)
Act on establishing the number of citizens temporarily residing in the premises (Sholomova E.V.)
Date of article publication: 09.09.2014
You cannot charge fees for utility services in a premises where no one is registered and there is no IPU, based on the number of owners (this is true for all services except heating). But if citizens actually live in the premises, then this can still be done. What are the reasons?
Actual residence in the premises of persons not registered therein
Clause 56 of the new Rules for the provision of utility services (hereinafter referred to as the New Rules) states that payments for utility services in premises not equipped with an IPU should be determined based on the number of consumers permanently and temporarily residing in the residential premises. For purposes of calculating fees, a consumer is considered a temporary occupant if he or she actually resides in the residential premises for more than five consecutive days. According to clause 57 of the new Rules, fees for utility services provided to consumers temporarily residing in the premises are calculated by the contractor in proportion to the number of days such consumers live in the premises and are paid by consumers permanently residing in the premises.
According to paragraphs. "z" clause 34 of the new Rules, the consumer is obliged to inform the contractor about an increase or decrease in the number of citizens living (including temporarily) in the residential premises he occupies, no later than five working days from the date of the changes, if the residential premises are not equipped with individual or a common (apartment) metering device.
From June 1, 2013 in paragraphs. "e(1)" clause 32 of the new Rules, the contractor has the right to establish the number of citizens living (including temporarily) in a residential building, if it is not equipped with an individual control system, and to draw up an act establishing the number of such citizens. The procedure for drawing up this act is regulated by clause 56(1) of the same document. Thus, the contractor, who has information about consumers temporarily residing in a residential premises who are not registered in this premises at a permanent (temporary) place of residence or place of stay, has the right to draw up an act establishing the number of citizens temporarily residing in it. The act is signed by the executor and the consumer, and if the consumer refuses to sign the act - by the executor and at least two consumers and the chairman of the council of the apartment complex (if there is no HOA or residential complex in the house), the chairman of the HOA, residential complex (if the management of the apartment complex is carried out by the HOA, residential complex or if The management body of the HOA, residential complex has concluded a management agreement with the management company). The act indicates the date and time of its preparation, full name. owner of the premises (consumer permanently residing there), address, place of residence, information on the number of consumers temporarily residing in the premises. If the owner (consumer permanently residing in the premises) refuses to sign the act or is absent at the time of its preparation, a corresponding note is made in the act. The utility service provider is obliged to hand over one copy of the act to the owner of the premises (the consumer permanently residing there). Within three days from the date of drawing up the act, the executor sends it to the Department of Internal Affairs and (or) the Federal Migration Service.
In accordance with the wording of clause 58 of the new Rules, effective from June 1, 2013, the number of consumers temporarily residing in a residential premises is determined not only on the basis of an application from the owner (consumer permanently residing therein) for the use of the residential premises by consumers temporarily residing in it, but and on the basis of the protocol on an administrative offense provided for in Art. 19.15 Code of Administrative Offenses of the Russian Federation. However, even before this date, the executors randomly drew up similar acts in order to charge additional fees for utility services based on the number of actual consumers. Is this legal?
Note! Since January 3, 2014, a new version of the Code of Administrative Offenses of the Russian Federation has been in effect, according to which Art. 19.15 provides for a different offense.
Practice on disputes that arose before 06/01/2013
In the judicial practice of this period, there are decisions both confirming and denying the possibility of using in the calculation of fees acts on citizens actually living in the premises and information received from initiative groups of citizens and chairmen of HOAs.
Thus, by the decision of the magistrate of site No. 1 of the Krasnoperekopsky district of Yaroslavl dated November 2, 2010, it was recognized as lawful to charge for utility services on the basis of an act of actual residence in the premises of persons not registered in it. The appeal decision of the Leninsky District Court of Omsk dated February 18, 2011 in case No. 11-22/11 concluded that family members of the owner of the apartment living but not registered in it must pay for utilities. The fact that they pay for utilities at the place of registration does not relieve them of the obligation to pay for these services at the place of actual residence. They have the right to contact the management company at the place of registration with an application for recalculation of payments for utility services (due to their temporary absence).
In the Resolution dated November 15, 2012 in case No. A50-13866/2012, the Seventeenth Arbitration Court of Appeal overturned the Resolution of Rospotrebnadzor on bringing the Criminal Code to administrative liability for violating the established pricing procedure under Part 2 of Art. 14.6 Code of Administrative Offenses of the Russian Federation (fine - 100,000 rubles). According to the case materials, based on the results of an inspection of the apartment building, a representative of the Criminal Code, together with the residents of the house, drew up an act on the actual residence of three citizens in one of the apartments that was not equipped with an individual control system (no one was registered in it). The court recognized that the fee for the citizens actually living in the premises was calculated legally (recalculation was made for eight months), since the formula for calculating the fee (clause 3, paragraph 1 of Appendix 2 to the previous Rules for the provision of public utility services) takes into account not only registered, but also residents in the premises of persons. In the Appeal rulings of the Supreme Court of the Republic of Tatarstan dated 06/04/2012 N 33-5066, Yaroslavl Regional Court dated 08/09/2012 N 33-4137/2012, the courts recognized the legality of additional charges based on inspection reports.
However, in most cases, the courts still did not agree with the calculation of utility bills on the basis of acts of identifying the persons actually living in the premises.
For example, the Arbitration Court of the Novosibirsk Region, in its Decision dated March 12, 2014 in case No. A45-21032/2013, considered it legitimate to hold the Criminal Code liable under Part 2 of Art. 14.6 of the Code of Administrative Offenses of the Russian Federation for charging for utility resources on the basis of acts submitted by the council of apartment buildings on the actual residence of citizens in the premises. The court considered that there were no grounds for using these acts either before the introduction of clause 56(1) into the new Rules, or after. The Arbitration Court of the Kirov Region found a similar offense in the actions of the Criminal Code, which assessed fees on the basis of a memo from the chairman of the HOA about the persons actually living in the apartment (Decision dated August 17, 2012 N A28-6359/2012210/36<1>). The courts of general jurisdiction also agree that information about the citizens actually living in the premises, received and documented by the Criminal Code, representatives of the MKD council and neighbors cannot be used to charge fees for utilities (see Decisions of the Volgodonsk District Court of the Rostov Region dated July 19, 2011 , Frunzensky District Court of Ivanovo dated August 18, 2011 in case No. 2-1783/11).
———————————
<1>At the same time, the offense was considered minor, since the Criminal Code eliminated the violation, and the consumer had not yet paid the illegally accrued amounts.
Under similar circumstances, Rospotrebnadzor may hold the management company liable for shortchanging consumers (Article 14.7 of the Code of Administrative Offenses of the Russian Federation). This is legal, the arbitrators believe (see Resolutions of the Seventeenth Arbitration Court of Appeal dated April 14, 2014 in case No. A71-11810/2013, dated February 17, 2014 in case No. A71-6839/2013, Decisions of the Arbitration Courts of the Perm Territory dated June 16, 2014 in the case N A50-4205/2014, Udmurt Republic dated 06/16/2014 in case N A71-4123/2014, Irkutsk region dated 01/20/2014 N A19-16849/2013).
In the same way, the Criminal Code fails to challenge the orders of the state housing supervision authorities to eliminate violations in the calculation of fees for utility services on the basis of acts on the consumers actually living in the premises (Decisions of the arbitration courts of the Sverdlovsk region dated September 24, 2013 in case No. A60-23274/2013, Khanty- Mansi Autonomous Okrug - Ugra dated 09/06/2013 in case No. A75-4017/2013, Krasnoyarsk Territory dated 04/29/2014 in case No. A33-23515/2013).
Practice on disputes arising after 06/01/2013
Introduction to the new Rules of the norm on establishing the number of citizens temporarily residing in residential premises (clause 56(1)), as well as additions to clause 58 regarding determining the number of consumers temporarily residing in the premises on the basis of a protocol on an administrative offense under Art. 19.15 of the Code of Administrative Offenses of the Russian Federation put an end to the question of whether performers have the right to independently identify persons living in the premises without registration and charge them a fee. The answer can be unequivocal: no. The legislator proceeds from the good faith of citizens, obliging them to report temporary consumers of utility services. The only thing the contractor can do is to conduct an inspection and draw up a report on the persons actually living in the premises. However, he does not have the right to charge fees on the basis of this act; only the protocol of the authorized bodies allows for charges to be made. Actually, the legislator’s motives are clear: the unregulated process of collecting information on the number of living citizens and its use for the purpose of charging for a utility resource will inevitably lead to a violation of the rights of bona fide citizens<2>.
———————————
<2>Decision of the Frunzensky District Court of Ivanovo dated August 18, 2011 in case No. 2-1783/11.
It is impossible to change the order established by the new Rules, even if the residents themselves want to do so. Thus, in the Decision dated May 16, 2014 in case No. A72-15151/2013, the Arbitration Court of the Ulyanovsk Region considered the dispute between the management company and the settlement center (RC). The general meeting of owners of premises in the apartment building gave the Criminal Code the authority to verify incoming information about the citizens actually living in the premises. The management company reported the results of the inspections to the RC for charging fees based on the number of citizens actually living. Since the RC did not fulfill the instructions of the Criminal Code, the latter had to demand this in court. But the court sided with the RC, based on the fact that neither the regulations nor the terms of the agreement concluded with the management company oblige the RC to recalculate fees in relation to temporary residents on the basis of the instructions of the management company.
Let us emphasize that the new Rules speak of the right, and not the obligation, of the contractor to identify the citizens actually living in the premises. The Decision of the Arbitration Court of the Khanty-Mansiysk Autonomous Okrug - Ugra dated February 25, 2014 in case No. A75-9825/2013 considered the following situation. At the request of the prosecutor's office in connection with a collective appeal from residents regarding the fact that unregistered persons were living in apartment buildings, the state housing supervision authority, together with the district police officer, inspected the apartments of apartment buildings to determine the number of citizens temporarily residing in them, but not registered in them. Based on the results of the inspection, the facts of unregistered persons living in several apartments were confirmed, and officials issued an order from the Criminal Code (with reference to clause
Act on the actual residence of citizens
47, 56(1) of the new Rules) establish the period of residence of citizens in each residential building of an apartment building with a subsequent recalculation of utility bills. The court overturned the order, noting that paragraph 56(1) of the new Rules refers to the right, and not the obligation, of the executor to draw up an act establishing the number of citizens temporarily residing in the residential premises. Having analyzed paragraphs. "z" clause 34, paragraphs. "b" clause 57, clause 58 of the new Rules, the court concluded that establishing the number of consumers actually living in residential premises directly depends on the actions of third parties.
If there are no registered citizens in the apartment, charging for utilities is possible in two cases: if the owner has submitted an application for consumers temporarily residing in it and if the fact of residence is established by the Federal Migration Service and confirmed by a protocol on an administrative offense. Acts establishing the number of citizens temporarily residing in residential premises cannot be a legal basis for charging fees. Until 06/01/2013, in disputes about the legality of charging fees, the courts considered such acts, drawn up arbitrarily, in conjunction with other evidence confirming the actual residence of consumers in the premises.