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16JURIDICAL SCIENCES
CURRENT ISSUES OF MAJOR REPAIRS
Shpinev Iu.
PhD in Law, Senior Researcher in the Sector of Business and Corporate Law, Institute of State and Law of
the Russian Academy of Sciences, Moscow, Russian Federation
Abstract
This article is devoted to the main problems of the development of the regional system of capital repairs of apartment buildings, which the author refers to the lack of a modern monitoring system and mechanisms for improving the energy efficiency of apartment buildings during the period of capital repairs, inefficient financial policy of regional programs and their weak financial stability, as well as weak interaction of all participants in the process both vertically and horizontally. The author examines the regulations on the repair of apartment buildings, the general condition of the housing stock, and also offers a solution to the identified problems that hinder the development of the system of major repairs of residential buildings. Thus, it is concluded that it is necessary to increase the use of digital technologies for monitoring dilapidated and dilapidated housing, and in conclusion, the article concludes that a comprehensive solution to the identified problems will contribute to the development of a regional system of major repairs of apartment buildings.
Keywords: regional capital repair systems, energy efficiency, housing, monitoring, apartment buildings, major repairs.
Creating comfortable and reliable living conditions, ensuring the safety of housing and housing stock availability, convenient access to housing and communal services that meet modern quality standards are the main objectives of the development of the housing sector. Ultimately, a positive solution to these issues is designed to significantly increase the quality of life of citizens. At the same time, the solution of these tasks is hindered by the unsatisfactory state of the housing stock.
The development and repair of the housing stock has repeatedly been the subject of Russian scientists (S. S. Zankovskaya [16], V. I. Mishchenko, A. I. Gudkov, D. I. Dolotov [13], N. N. Minaev, A. A. Seliverstov, N. R. Sadako, K.E. Filushin, J. A. Merkulova [12]).
However, given constantly changing economic, political and social situation in the world in General and Russia in particular, part of the research to a certain extent lost its relevance, while the importance and incomplete theoretical coverage require continued consideration of this problem.
According to Rosstat (section Housing conditions), the area of emergency housing in Russia has grown more than 2, 5 times since 2000 and amounted to 25.5 million m2 in 2018 [10].
Due to the systematic increase in the volume of deferred capital repairs of the housing stock, there is a real threat of abnormal and emergency situations on the objects of dilapidated housing stock, which creates a real danger for the people living there.
Dilapidation of the housing stock is a continuous process, which can only be countered by using a systematic approach and constant monitoring of the constantly deteriorating housing stock.
In accordance with the housing legislation, since 2005, the burden of major repairs has been placed on the owners of the residential premises, while the mechanism itself has not been developed.
Most of the major repairs were carried out through special programs, some of which provided for financial participation of homeowners, which was either voluntary or minimal. Taking into account all these nuances, the speed of major repairs was extremely small.
To address the current negative situation in the field of major repairs of apartment buildings in 2012, the Housing Code of the Russian Federation [9] introduced section IX Organization of major repairs of common property in apartment buildings. Thus, in the current legislation, a new method of financing was applied, which consists in the fact that the main part of the responsibility for the condition and repair of the housing stock was assigned to the regional authorities. The legislator has established in detail the powers of all authorities involved in major repairs, as well as the mechanism for citizens participation in major repairs of an apartment building. So, the mechanism of regular transfer by owners of residential premises of money for accumulation and further carrying out capital repairs was defined.
The subjects of the Russian Federation have significant powers to independently determine the minimum contribution amount, the terms and procedure for monitoring apartment buildings, the choice of a regional operator, and other issues.
One of the innovations was the use of two options for accumulating funds for further major repairs. The first method involves the use of a special account for this one apartment building, the second-the transfer of funds to the accounts of the regional operator.
Undoubtedly, these innovations were timely. At the same time, the new mechanism for financing the capital repairs of public spaces in apartment buildings faces certain difficulties that hinder the implementation of a full-scale reform of housing and communal services in terms of the capital repairs of apartment buildings.
First of all, such problems include an insufficiently developed mechanism for monitoring the housing stock both at the federal level and at the level of specific regions. Meanwhile, constant monitoring of the state of the housing stock, together with a systematic analysis of the situation, is a prerequisite for building a reliable mechanism for the preservation of the housing stock.
In accordance with the regulations, all residential apartment buildings are subject to inclusion in the regional program with the mandatory establishment of the term of major repairs.
However, to date, many regions do not have complete data on the technical condition of buildings and repairs already carried out in them. It is not uncommon for technical documentation for a particular house to simply not exist. Often, the data provided by the authorized bodies and persons are subjective, which significantly reduces the ability to apply a systematic approach to major repairs of apartment buildings.
The current situation leads to the creation and approval of regional programs that have unreliable information, while the order of major repairs is formed on such information.
This situation has a negative impact on the preparation of competent financial planning. In addition, with the help of such unreliable data, it is impossible to accurately predict the socio-economic situation in a particular region in a more or less long-term perspective.
To solve this problem, it is important and appropriate to create a special methodology for constantly monitoring the state of the housing stock. Such a methodology should include specific technical and socially significant indicators for making a decision on the inclusion of apartment buildings in the capital repair program, the timing of inspections, specific officials responsible for measuring and entering certain indicators.
The next problem on the way to a full-fledged housing and communal reform is the complete lack of a system to increase the energy efficiency of apartment buildings during major repairs.
Despite the fact that the current regulations prescribe mandatory repairs to all houses, in practice, such repairs often result in the implementation of certain, least expensive works that are not able to significantly improve apartment buildings, and even more so, to increase their energy efficiency. No one doubts that the overhaul of dilapidated and dilapidated residential buildings is an important task. At the same time, the task of improving energy efficiency is also one of the priorities of state policy.
The works of both Russian scientists, O. S. Golu-bova [8], T. R. Tereshkina, A. S. Semenov [14], V. V. Buzyrev, I. V. Dubrovskaya [3], and foreign scientists [1, 5, 7, 11] are devoted to improving the mechanisms of the energy efficiency system of the housing stock.
The housing stock of our country ranks second among all end-users of Russia, as a result of which it has great opportunities for energy saving. In the case of a well-thought-out overhaul based on modernization, energy efficiency can be doubled [6]. Increasing the energy efficiency of the housing stock in the long term
will help to reduce the cost of further major repairs, as well as reduce utility bills. Thus, these two processes, capital repairs and energy efficiency improvement, should be interconnected, which, ultimately, will give the best results in the implementation of regional programs of capital repairs of apartment buildings. It should also be noted that carrying out work on the energy efficiency of the house during its major repairs is much more profitable than several separate spot repairs [2].
Meanwhile, the solution of this problem is closely related to the problem of inefficient financial policy when carrying out major repairs at the same time as increasing its energy efficiency. Indeed, the current legislation strictly regulates the types of work and services performed in the process of capital repairs of common property in an apartment building, which are financed from capital repairs formed from the calculation of the minimum contribution. These works, in particular, include the repair of internal engineering systems of electricity, heat, gas, water supply and sanitation, roof, facade, foundation and basement, as well as the repair or replacement of elevator equipment.
The subjects of the Russian Federation are authorized to expand this list. According to the Housing Code, the subject of its regulatory act must establish the maximum cost of work on the implementation of major repairs of common property in an apartment building, which can be paid at the expense of the fund created on the basis of the minimum contribution for major repairs.
With an increase in this cost, repairs must be paid at the expense of the owners of the house, paid in excess of the minimum amount. The situation is similar when works are performed or services are provided that are not included in the list. In case of carrying out together with capital repairs of works on increase of energy efficiency, their cost will obviously exceed the fixed standards of the maximum cost of works on capital repairs of common property in an apartment building. As a result, when implementing energy-efficient modernization together with major repairs, the question arises of finding additional sources of financing. Such sources may include extra-budgetary sources, loans, as well as private investors. At the same time, it should be noted that potential investors are not very eager to participate in such projects. These projects are riskier, resource-intensive, and long-term, while the return on such investments will be lower than with a similar amount of investment in other areas of the economy, especially in the financial sector and the extractive industry. At the same time, the owners of residential premises cannot get the loan necessary for major repairs of common property in an apartment building due to the underde-velopment of the credit system for these purposes, which includes primarily the issues of securing the loan, determining the borrower and a closed list of banks that can create special accounts.
One of the ways to solve this problem can be a public-private partnership. A successful solution is to co-finance the energy saving of apartment buildings during their major repairs by the state through the conclusion of energy service contracts.
Another important problem is the lack of adequate guarantees for carrying out timely and high-quality capital repairs due to the insufficient financial stability of the regional fund, as the main element of the regional mechanism for capital repairs of common property in apartment buildings. The current legislation does not contain the necessary mechanisms to guarantee the safety of funds collected by the owners of residential buildings. The risks in this case can be considered unplanned inflation, which can significantly reduce the amount of capital repairs, as well as claims from creditors.
In addition, there is no clear understanding of the financial sustainability of a regional capital repair program if one of the cash accumulation models significantly prevails over the other in the region. Due to inefficient monitoring, as mentioned above, there is a possibility of inaccurate forecasting of the amount of funds that can be spent on major repairs.
The problems listed above create the risk of a situation where the funds accumulated in the account of the regional operator in full will not be enough for the implementation of high-quality capital common property of all apartment buildings.
The lack of proper interaction between all participants in the process, including at various levels of government, does not contribute to the comprehensive implementation of the overhaul. In order to implement different variants of capital repair mechanisms in the subjects, taking into account local specifics, the current legislation delegated to them the right to independently establish the procedure for the operation and organization of regional capital repair systems. In the development of the norms of the Housing Code, the laws of the regions should establish the powers of local self-government bodies in the field of organizing and carrying out major repairs of common property in apartment buildings. At the same time, all municipalities have their own specifics and features, including the level of infrastructure development, financial opportunities, climatic conditions, composition and population. It seems appropriate to involve municipalities in the development of regional programs for major repairs in apartment buildings in order to make the necessary adjustments to these programs, taking into account local characteristics, in order to prevent possible problems associated with such features in the future. To solve this problem, it is necessary to provide regional capital repair systems at the local level with the necessary methodological material. Local characteristics of municipalities must also be taken into account in the process of determining the minimum contribution for major repairs when conducting a regional program for major repairs of apartment buildings. It is particularly important to pay attention to the calculation of the justification for the minimum amount of contributions, both for the region as a whole and for each municipality separately.
Despite the fact that several years have passed since the adoption of the amendments to the Housing Code, there is a lack of qualified personnel for the regional system of major repairs of apartment buildings, especially at the local level.
In recent years, information technologies have been actively entering our lives. With the beginning of their active use, people's lives, industrial relations, as well as the general economic and social structure of society significantly change. It should be noted that all these changes do not concern a single country, but our entire civilization. Of course, some countries are more actively entering the digital sphere, some are lagging behind.
According to the network readiness index, which is designed to show how well a particular country uses digital technologies in the economy, in 2016 Russia ranked 41st in this indicator, significantly behind the leaders of the list: Singapore, Finland, the United States, and other developed countries [4].
The digital economy primarily refers to economic activities based primarily on digital technologies, and related to e-business and e-commerce, as well as electronic goods and services. Its development is closely related to the breakthrough in the scientific, technological, and socio-economic development of Russia [15].
Taking into account the developing digitalization of all sectors of the national economy, it seems advisable to accelerate the introduction of information technologies in regional systems of major repairs of apartment buildings and in the housing and utilities sector as a whole. Modern digital technologies will contribute to the qualitative improvement of the functioning of capital construction systems and the solution of many of the above problems, such as the creation of a balanced and reasonable system of modern monitoring, the calculation of the necessary costs for capital repairs, taking into account the available finances for the medium and long term, interaction between all participants in the process both vertically and horizontally.
The solution of these tasks will help to organize a more effective system of capital repairs for the subjects, but for this it is necessary to continue deeper scientific research in this area, on the basis of which it will be possible to develop clear mechanisms for overcoming all the problems of the industry. Ultimately, this will lead to economic growth, increase the socio-economic level and create further prerequisites for the active development of Russian regions in the era of digitaliza-tion.
References
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ПРОБЛЕМЫ РАЗВИТИЯ ЮВЕНАЛЬНОЙ ЮСТИЦИИ В СОВРЕМЕННОЙ РОССИИ
Казибеков Г.М.
студент 2 курса
ФГБОУ ВО «Российский государственный университет правосудия»
г. Москва, Россия
Научный руководитель - начальник кафедры военно-политической подготовки, полковник юстиции,
к.юр.н. Калашников В.В.
PROBLEMS OF THE DEVELOPMENT OF JUVENILE JUSTICE IN MODERN RUSSIA
Kazibekov G.
2nd year student
Russian State University of Justice, Moscow, Russia
Scientific supervisor - Head of the Department of Military-Political Training, Colonel of Justice, Candidate
of Law Kalashnikov V.
Аннотация
В данной статье автор анализирует роль и место ювенальной юстиции в России, ее значение, взаимодействие с государственными органами, а также положительные и отрицательные стороны. Вопрос развития ювенальной юстиции рассматривается с позиции, имеющихся в нынешний момент проблем и анализа будущих, с вариантами их решения.
Abstract
In this article, the author analyzes the role and place of juvenile justice in Russia, its significance, interaction with state bodies, as well as positive and negative aspects. The issue of the development of juvenile justice is considered from the point of view of the current problems and the analysis of the future, with options for their solution.
Ключевые слова: ювенальная юстиция, ювенальная система, семья, защита интересов подростков, права несовершеннолетних лиц, воспитание детей, социальные проблемы.
Keywords: juvenile justice, juvenile system, family, protection of the interests of adolescents, the rights of minors, child rearing, social problems.
