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18JURIDICAL SCIENCES
REGIONAL SYSTEM OF CAPITAL REPAIRS IN RUSSIA: PROBLEMS AND SOLUTIONS
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 one of the most important problems of housing and communal services-this article deals with the development of the regional system of capital repairs of the common property of apartment buildings. The author justifies the importance of regional capital repair programs, and also lists the main problems that face the development of the system. As such problems, the author noted such issues as the lack of monitoring data on the degree of physical wear of apartment buildings, the improper organization of the technical accounting system, the decline in the dynamics of improving the energy efficiency of apartment buildings after major repairs, the failure to implement short-term capital repair plans, the repair of apartment buildings that are objects of cultural heritage, etc. In addition to identifying the problems that arise in the field of regional programs for major repairs of the common property of apartment buildings, the author offers possible solutions.
Keywords: regional capital repair systems, energy efficiency, housing, monitoring, apartment buildings, major repairs.
There is no doubt that the creation of favorable and safe living conditions for our citizens is one of the main directions of the housing and communal services reform, which has been quite successful in our country in recent years.
In 2012, the Housing Code of the Russian Federation [7] (hereinafter referred to as the Housing Code) was amended to define new principles for major repairs of the common property of apartment buildings [4].
It should be noted that at present, almost all the regulatory documents necessary to regulate relations related to the overhaul of the common property of apartment buildings have been adopted.
From 2016 to 2019, more than 20 regulations on monitoring, planning and implementation of major repairs were adopted, including ten federal laws, four resolutions of the Government of the Russian Federation and 9 orders of the Ministry of Construction. At the same time, the organization of major repairs of common property in apartment buildings still faces certain difficulties, some of which are intended to be considered in this article.
It should be noted that housing issues have always been the focus of Russian scientists ' attention. Thus, the works of S. S. Zankovsky [20], N. N. Minaev, A. A. Seliverstov, N. R. Shadeyko, K. E. Filyushina, Yu. A. Merkul'eva [9], V. I. Mishchenko, A. I. Gudkov, D. V. Dolotova [10] and many others are devoted to the issues of capital construction and repair.
In accordance with the order of the President of the Russian Federation, the Government of the Russian Federation was instructed to improve legislative regulation and implement methodological support in the planning of regional programs for capital repairs of common property in apartment buildings in terms of planning the volume, list and priority of such works, as well as to determine the federal body authorized to control the amount of contributions for capital repairs, which is established in the subjects [11].
The main monitoring functions are assigned to the Ministry of Construction of Russia [13, 14, 16, 17].
Thus, in accordance with the regulations in force at the moment, the monitoring of the implementation of regional capital construction programs is entrusted to the Ministry of Construction, while the procedure for conducting such monitoring and the list of indicators are regulated in detail.
At the same time, according to the experts of the Ministry of Construction itself, it is impossible to determine the change in the physical wear of apartment buildings after major repairs [15].
Thus, in violation of the established regulations [13, 18], the Ministry of Construction of the Russian Federation does not check the effect of the capital repairs carried out on the further condition of the housing stock. At the same time, the use of the housing stock itself and the implementation of regional capital construction programs are not monitored. It should be noted that the main task of major repairs is to replace the main structural elements and engineering systems of houses for the acquisition of their initial properties.
The main task of major repairs is to reduce the wear and tear of the housing stock. However, such data is currently not marked anywhere. Documents confirming major repairs include only information about the number, time and cost of services rendered.
The subjects of the Russian Federation, according to regulatory documents, provide a significant amount of different information about the implementation of regional capital construction programs [19], there is no information about reducing the depreciation of the housing stock in this information. However, the lack of this data negatively affects the monitoring to determine how much regional capital repair programs affect the overall condition of multi-family residential buildings.
Thus, it seems necessary to include information on changes in the degree of physical wear and tear of apartment buildings in the mandatory monitoring parameters.
The next important problem that stands in the way of implementing regional capital repair programs is the significant shortcomings of the system of technical accounting of apartment buildings. It should be noted that it has ceased to exist since the beginning of 2013 [6].
Russian President Vladimir Putin instructed the Government of the Russian Federation to develop a new system of technical accounting of housing stock [11], but this instruction was not fulfilled.
Based on the position of the specialists of the Ministry of Construction, the current regulations make it possible to determine the technical condition of apartment buildings in order to prevent cases of improper maintenance.
At the same time, part 5 of Article 19 of the Housing Code defines that technical inventory and certification, as components of technical accounting, is included in the general composition of the state accounting of the housing stock.
Currently, the State Duma of the Russian Federation is considering a draft law submitted by the Government of the Russian Federation, the adoption of which should contribute both to improving the general procedure for conducting state accounting of housing stock, and the implementation of technical inspection of apartment buildings [1].
Previously, at the time of making entries in the technical passports for apartment buildings, they indicated data on the wear and tear of the house. To date, such data do not contain cadastral passports, because according to Rosreestr specialists, there is no need to enter such data, since they do not contribute to the identification of an apartment building in many other apartment buildings.
At the same time, the fact that there is no reliable system of technical accounting ultimately contributes to the regular erroneous inclusion in regional capital repair programs of dilapidated and dilapidated houses, the repair of which is impractical, or already subject to demolition.
Thus, the Government of the Russian Federation should consider the organization of an appropriate system of technical accounting of the housing stock.
In recent years, there has been a decline in the growth dynamics of apartment buildings, the energy efficiency of which has been increased after major repairs. Despite the fact that the responsibility for transmitting information related to the energy saving of apartment buildings and the overall efficiency of the energy component of the entire housing stock to the operator of the state system lies with the Ministry of Construction, such information is not sent anywhere by the Ministry of Construction, since it (the Ministry of Construction) only collects information about the number of apartment buildings that have increased energy efficiency during major repairs.
Thus, it is necessary to bring the departmental acts of the Ministry of Construction of Russia in line with the federal ones.
In 2018, paragraph 1 of Part 2 of Article 168 of the Housing Code was amended, in accordance with which the subjects of the Russian Federation are granted the right not to include apartment buildings with less than
five apartments in the regional capital repair program. [3].
Today, the share of apartment buildings with less than five apartments ranges from 1% to 25.3% in different regions. Currently, almost all regions have approved regulations that exclude apartment buildings with less than five apartments from participating in the regional capital repair program. The decision to exclude such houses from the regional capital repair program is justified primarily by the recommendations of the Housing and Communal Services Fund, which offers such a measure as an increase in the financial stability of regional capital construction programs.
However, instead of excluding this category of houses from the regional capital repair programs, it seems more appropriate to find other solutions for the capital repair of these houses, taking into account the financial capabilities of the region. For these purposes, you can use not only local and regional budgets, but also the funds of the owners of such apartment buildings.
In recent years, there has been a widespread violation of the short-term plans adopted in the development of regional capital repair programs by almost all entities, which contributes to an unjustified increase in the balance of funds intended for capital repairs. In addition, the work that was not completed last year, planned in the regional program, is often not carried out next year.
This situation contributes to a situation in which there will be a violation of the entire scope of work during the entire regional capital repair program.
In accordance with the current legislation, the subjects of the Russian Federation are entitled to determine the minimum amount of the contribution for major repairs by issuing a corresponding regulatory act. At the same time, the amount of such a contribution should be calculated in accordance with the recommendations of the Ministry of Construction [12].
To date, the average minimum contribution for major repairs is 8.57 rubles / sq. m per month, while according to the calculations of the Fund for Municipal Housing Construction, made on the basis of data received from the subjects of the Russian Federation, the amount of the contribution required to perform all types of work exceeds this figure by almost two times. [15].
Such a large discrepancy in the size of the minimum contribution for major repairs to the economically calculated contribution occurs primarily because the principles on which the Methodological Recommendations of the Ministry of Construction are based contradict each other. In this case, we mean the principles of the sufficiency of financial resources on the one hand and the principle of the availability of the minimum contribution for the citizens of each particular region. Indeed, these two principles cannot be implemented simultaneously as long as there is such a large difference between the size of the minimum contribution for major repairs and the contribution required for all types of repairs.
In most regions, the full implementation of regional programs for major repairs of apartment build-
ings will not be possible without the participation of local and regional budgets. In the current situation, in order to prevent the emergence of social tension, many subjects approve the minimum contribution for major repairs based not on the actual cost of major repairs, but based on the existing income levels of the population in the region. In addition, in some subjects, the rate of increase in the minimum contribution for major repairs for the above reasons is significantly less than the rate of increase in the real cost of major repairs.
Thus, the approval by the regional authorities of the minimum contribution for capital repairs, in the vast majority of cases significantly less than the actual cost of capital repairs, contributed to the disruption of the financial stability of regional capital construction programs in most regions.
Financial assistance for regional capital repair programs from the regional and local budgets can be considered as one of the solutions to this problem.
According to article 170 of the Housing Code, the interest received for the use of funds that are in the accounts intended for the creation of the capital repair fund, as well as the income from interest generated by the placement of unused funds of the fund, also constitute the capital construction fund and must be in the corresponding accounts. However, based on the meaning of article 183 of the Housing Code, the accounting system of the capital repair fund does not make it possible to generate data on such income. Thus, a relatively large part of the funds accumulated in the accounts designated for the capital repair fund cannot be spent for the purposes specified in the law due to the fact that the issues of accounting for these funds are not regulated.
Thus, it seems appropriate to bring into line the income rates of interest accrued for the use of funds held in the account of the regional operator, and interest from the placement of temporarily free funds of the capital repair fund in order to be able to spend them in accordance with the law.
Another problem in the implementation of regional capital repair programs is the overhaul of cultural heritage sites. For the repair of apartment buildings that are objects of cultural heritage, the law sets out special rules for major repairs [5], but the Housing Code does not contain any restrictions or specifics regarding such houses.
To date, there are more than 13 thousand such apartment buildings in 67 regions, and most of them are included in regional capital repair programs on general terms. This means that major repairs of such houses are carried out at the expense of capital repair funds. Given that the cost of an apartment building, which is a cultural heritage object, is more than twice the cost of an ordinary house, the presence of such houses in regional programs and the implementation of their major repairs at the expense of the fund is a big problem for the region.
It seems advisable to prepare a regulatory act containing the specifics of carrying out, and, most importantly, financing, major repairs of the common property of houses that are objects of cultural heritage. Such a regulatory act must necessarily contain the conditions and procedure for additional financing for the
amount of increase in the cost of capital repairs in such houses, relative to standard apartment buildings. Such additional funding, in our opinion, can be carried out at the expense of the local, regional or federal budget.
In conclusion, I would like to note that the problems described in this article are periodically considered by Russian scientists who offer various solutions to them. Thus, the problems of major repairs of apartment buildings in the Krasnodar Territory are discussed in the article of the same name by M. G. Kovtunenko, S. P. Pastukhov, E. V. Radkevich, D. I. Savchuk [8], in Kursk - the work of S. V. Dubrakov, O. I. Kutsenko, K. O. Dubrakova [2].
It seems that the problems of functioning of regional programs of capital repairs of the common property of apartment buildings and the ways of their solution described in this article may also be of interest to all interested parties.
References
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ОБЩАЯ ХАРАКТЕРИСТИКА СИРОТСКИХ ПРОИЗВЕДЕНИЙ И ИХ ПРАВОВОЙ РЕЖИМ
В РОССИЙСКОЙ ФЕДЕРАЦИИ
Давыдов А.Ю.
Волгоградский государственный университет, магистрант кафедры «Конституционного и муниципального права»
GENERAL CHARACTERISTIC OF ORPHAN WORKS AND THEIR LEGAL REGIME IN THE
RUSSIAN FEDERATION
Davydov A.
Undergraduate in Constitutional and Municipal Law Volgograd State University
Аннотация
В данной статье описывается отечественный правовой режим сиротских произведений. Предлагаются варианты решения проблемы предоставления доступа к сиротским произведениям. Abstract
This article describes the domestic legal regime for orphan works. Solutions for the problem of providing access to orphan works are proposed.
Ключевые слова: сиротские произведения, авторское право, копирайт, культурное наследие. Keywords: orphan works, copyright, author's right, cultural heritage.
Проблема гражданско-правовой защиты прав авторов сложна и многогранна, и включает в себя самые разные вопросы, к которым мы обращались ранее [1; 2; 3; 4]. В данной статье нас интересует проблема, которая мало изучена и является белым
пятном в российском законодательстве. В современных условиях в связи с развитием цифровой экономики особую актуальность приобретает проблема сиротских произведений, которая широко
