Functions and competence of municipal housing control

The concept of state housing supervision

The concept of state supervision refers to the function of specially created inspections or other bodies to constantly monitor the accuracy of compliance with the law in a certain area of ​​activity. State housing supervision carries out its tasks in the field of protecting the housing rights of the population. The functions and responsibilities assigned to state housing supervision are prescribed in the Housing Code of the Russian Federation. Article 20 of this Code is devoted to the regulation of the work of regulatory authorities, according to which the main responsibilities for verifying facts of violation of the law must be performed by government organizations in the form of divisions and departments included in the structure of executive authorities.

What it is

In order to control the norms of the Housing Code and other regulatory documents in the field of housing and communal services of the Russian Federation, specialized control bodies have been created. Since 2013, these functions have been assigned to municipal housing control. It is created under the departments of housing and communal services (housing and communal services) or as an independent department of a local government body.

Supervisory organizations are created both in cities and in rural areas of the Russian Federation.
Depending on the number of residents living in a locality, they can function in the form of sectors, departments, or are carried out by 1 state housing inspector.
According to the law, the local government body that owns a certain housing stock is responsible for the rationality of its use and is obliged to monitor compliance with housing code standards. According to changes in the current Housing Code, which came into force in 2013, each municipality of the Russian Federation is vested with the authority to control the use of housing and communal services in the territory subordinate to it.

ATTENTION! Supervision must be carried out by authorized organizations formed by the local self-government body of a constituent entity of the Russian Federation.

The work of local municipal bodies is assumed to be under municipal housing control. The activities of regulatory authorities are aimed at organizing and implementing activities that are directly related to checking the legality, rationality and competence of the use of municipal-type housing funds.

In the process of work, this organization relies on norms clearly regulated by several legislative acts:

• Provisions of the Decree of the State Committee for Construction dated September 27, 2003.
• Housing Code of the Russian Federation.
• Provisions of the Government Resolution dated January 21, 2006
• Provisions of the Government Resolution dated May 6, 2011

Municipal housing control and state housing supervision

Municipal housing control, the functions of which are regulated in the same article 20 of the Housing Code of the Russian Federation, is created as an independent department in local government, a residential settlement or under a village council. The municipal housing control body performs its functions by monitoring compliance with the law in relation to the housing stock of municipal utilities. The regulations governing municipal housing control are established at the level of responsibilities of individual entities within the Russian Federation.

The main responsibilities for supervision in the housing sector are carried out by the state housing supervision body in each regional entity, which exists in the form of departments, commissions, divisions or inspectors.

The organization is built on a territorial-functional principle, i.e. The regional department is divided into departments, each of which is responsible for a specific function, and has subordinate services and departments in municipalities. In practice, regional state housing supervision combines the responsibilities of state and municipal organizations.

Reasons

The function of municipal housing control out on the basis of:

• Constitution of the Russian Federation;
• Code of Administrative Offenses of the Russian Federation;
• Federal Law No. 131 of October 6, 2003 “On the general principles of organizing local self-government in the Russian Federation”;
• Federal Law No. 294 of December 26, 2008 “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”;
• Federal Law No. 59 of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation”;
• Rules for the preparation by state and municipal control bodies of annual plans for conducting inspections of legal entities and individual entrepreneurs, approved by Decree of the Government of the Russian Federation No. 489 of June 30, 2010.

Chief State Housing Inspector and his powers

The preparation of the plan, coordination of activities and the procedure for carrying out state housing supervision is carried out by the chief state housing inspector, appointed by the Government of the Federation. He controls the fulfillment of the duties of territorial and municipal entities (departments and divisions), approves plans, and organizes work by sending acts, instructions, methodological recommendations and explanations, and receiving information from local departments and inspectors. In fulfilling its supervisory functions, the chief state inspector has the right to draw up protocols on the facts of administrative violations in the housing sector, send acts and orders obliging to eliminate identified violations in the housing stock, appoint and dismiss heads of regional departments, commissions and divisions.

How to contact control authorities

If residents believe that the management company is committing violations, they have the right to contact the body that controls housing and communal services so that the facts are verified and appropriate measures are taken. To report a violation of the law, you can do the following:

• Visit the office where housing control authorities receive citizens. In this case, you can consult on your further actions or submit a complaint for consideration and action.
• It is possible to complete the appeal by visiting the official website of the MZhK.
• This service is provided on the State Services website.
• You can send a complaint in the form of a registered letter. In this case, it must be accompanied by a notification and a description of the contents. This is necessary in order to record the fact of filing a complaint.
• It is possible to deliver such a document using the services of a courier.

After receiving the document within 20 days, a decision is made on whether a check is necessary. As a result, one of the following decisions may be made:

1. organize an unscheduled inspection;
2. redirect the appeal, provided that its consideration is within the competence of other government bodies;
3. refuse the applicant if there are appropriate reasons for this.

To carry out their work, MLCs are not required to notify government agencies or obtain permission from the prosecutor's office.

IMPORTANT! If a citizen applied to the housing control authorities, but was refused, he can file a complaint with the Housing Supervision or the prosecutor's office, as well as file a claim in court.

If necessary, housing control authorities can intervene in the relationship between residents and their management company. For example, their powers to control management companies include the following:

• If it is clearly established that the Criminal Code violates the rights and interests of citizens, then municipal housing control can take actions to protect them.
• If there are sufficient grounds, the MWC may cancel a decision made at the general meeting. This usually occurs when relevant violations are discovered during an inspection.
• Sometimes it may be that the management company was chosen with violations. In this case, the control authorities have the right to invalidate the agreement between her and the residents.

The MLC is faced not only with the task of checking compliance with the standards in rural or urban settlements provided for by law, but also with preventing violations that may occur in the future.

Subject of housing inspection inspection

The Housing Code of the Russian Federation and the regulations on the procedure for carrying out municipal housing control determine the basic principles of the work of departments and divisions of supervision and control.

Among them, a definition of the subject of verification is given. The main responsibilities of regulatory departments and organizations are to identify violations of the mandatory requirements of federal and regional legislative bodies in the housing sector.

The list of issues to be checked includes:

• the legality and compliance with the regulations for the election of organizations for managing the life of apartment buildings;
• making decisions on the creation of an HOA, developing a charter and other acts defining the regulations of activities;
• identification of violations in the activities of persons performing the functions of managers in multi-apartment housing stock.

The entire procedure for implementing municipal housing control is based on conducting inspections, identifying and demanding the elimination of violations by drawing up acts, as well as bringing the perpetrators to administrative liability.

How does a government organization work?

As mentioned earlier, housing control in the territory of municipalities of the Russian Federation is represented by special centers that have a similar name.

The activities of such structures are carried out in accordance with the laws and functions discussed earlier.

As a result, the activities of the housing control departments are aimed at maintaining the consistently correct use of the municipality’s housing complex.

The work of this government organization is carried out in two main modes:

• The first is carrying out inspections and other activities regarding the use of life fund on one’s own initiative.
• The second is to carry out similar procedures at the request of other persons who have contacted the authority with a corresponding application.

In the first case, everything is extremely simple: the department selects a day and conducts a scheduled inspection of the work of one or more BEETLES operating in the territory under its control.

However, in the second case, the principle of organizing activities is slightly different. Here, the forefront comes to the attention of the organization from third parties, which can be both individuals and legal entities.

Working with citizens' appeals

Most often, ordinary citizens who are dissatisfied with the work of their management company turn to municipal housing control.

Reasons for including a scheduled inspection

The State Housing Supervision Inspectorate and similar municipal divisions and departments for their activities draw up an inspection plan, which determines the list of persons to be inspected in the current year. To include control activities in such a plan, it is necessary that the annual range from the date of:

• From the first day of activity of a person performing the duties of a manager of a multi-apartment housing stock. To do this, all persons working in this area send notifications to the supervisory services about the start date of their activities.
• From the date when a social building in which the landlord falls into the category of verified persons is registered with the municipal register.
• From the previous inspection according to plan or unscheduled, if the activities of the responsible persons and the objects being inspected last more than one year.

The inspection plan, which is developed by the state housing supervision body, includes all categories of entities, covering the entire list of legal entities and individuals working in the field of housing relations and the housing stock.

Principle of operation

Housing control on the territory of individual municipalities of the Russian Federation is represented by specialized centers. The activities of organizations are carried out in strict accordance with current laws. The work of the housing control departments consists of maintaining the lawful and rational use of the municipality's housing complex.

The state housing supervision body operates in the following modes:

• carrying out inspections and other activities regarding the use of the municipality’s housing stock on its own initiative;
• carrying out inspections at the request of persons who have applied to the state body with an application.

In the first case, the housing and communal services department conducts a scheduled inspection of the work of housing and communal management companies operating in the territory controlled by the government agency. In the second case, a completely different principle of organizing the activities of the regulatory body is assumed. The basis is the application of third individuals or legal entities to a government organization.

ATTENTION! Scheduled inspections of the Housing Code are carried out in accordance with Article 20 of the Housing Code of the Russian Federation, taking into account the schedule and in the presence of an order from the organization to begin the inspection and appoint the persons who participate in it.

The MLC department should carry out planned activities once a year. The first inspection is carried out by the regulatory authority after 1 year from the start of the activity of the person managing the apartment building. The next inspection by the supervisory government agency is scheduled at least one year after the last visit of the inspectors.

Unscheduled inspections are carried out by representatives of municipal housing control on the basis of Article 10 of Federal Law No. 294-FZ. Inspectors attend an unscheduled event in the following cases:

1. appeals and complaints received by the MLC from legal entities and individuals;
2. information from municipal services and government bodies;
3. employees of the regulatory authority identified facts of violations of current legislation.

Ordinary citizens who are dissatisfied with the work of the management company often turn to the housing control service. In order to report poor quality of service, non-compliance with the terms of the contract and violation of the rules of the law, citizens of the Russian Federation can choose the best way to contact municipal housing control:

• visiting a supervisory organization for the purpose of consultation, as well as filing complaints and statements;
• contacting the housing complex through the official website of the state body of the Moscow Residential Complex or using the single portal “State Services”;
• sending a complaint, application by courier or registered mail to the address of the center.

Regardless of the form of appeal, municipal housing control employees are obliged to respond to the complaint and take appropriate measures. The MWC bodies have the right to consider a complaint within 20 calendar days. During this period, a decision is made to conduct an unscheduled inspection, the complaint is forwarded, or a refusal is sent to the applicant.

Unlike planned events, during an unscheduled visit the subject is not warned about the visit of regulatory authorities. Coordination of the upcoming inspection with the prosecutor's office is also not required.

IMPORTANT! If the government agency has not responded to the appeal of a citizen of the Russian Federation, then the applicant can complain about the controlling organization by contacting the State Housing Supervision Authority, the Prosecutor's Office, or the Court.

Reasons for including an unscheduled inspection

The regulations under which state housing supervision operates, in addition to conducting inspections in accordance with the plan, include such a clause as unscheduled inspections.

The regulations for holding events outside the plan indicate the following as grounds:

• statements, complaints and appeals received by a department or department from citizens or business entities, which cite facts of violations or abuses in matters of the creation, registration or activities of managers of apartment buildings;
• acts of failure to comply with orders previously issued by the control department to eliminate identified facts of violation of legal norms;
• drawn up acts of harm to the health or life of citizens associated with violation of housing legislation.

The main violations for which inspections are announced and not included in the activity plan:

• deviation from the approved regulations for the creation of associations of housing owners, the development or amendment of statutory documents, the election of managers and the conclusion of agreements and acts with them to fulfill the assigned responsibilities for the maintenance of the housing stock;
• unlawful decisions and actions of persons managing apartment buildings in matters of management and maintenance of the housing stock, carrying out repair work, unjustified changes in payment rates for the provision of utility services, and so on.

Unscheduled inspections are not included in the annual plan of supervisory departments; they are carried out suddenly, without prior notification to those being inspected and without approval from the prosecutor's office for inspectors to enter the inspected facility.

Rights granted to MZhK

Typically, the functions of these control bodies include regular annual inspections, as well as unscheduled ones, which can be initiated by citizens, organizations, and also by order of management.
In order to monitor compliance with the requirements of regulations, control bodies are engaged in the following activities:

1. The legality of the use of housing stock, common property, and local area is checked in accordance with the requirements of the law.
2. Compliance with the provisions of regulations when choosing a method for managing apartment buildings.
3. Checking for violations when concluding agreements on the provision of various public services between residential property owners and third-party companies. It must be taken into account that such execution of such documents, as specified in Part 1 of Article 164 of the Housing Code, should only occur in cases where there is a corresponding decision of the general meeting of residents.
4. Sometimes inspections may be carried out due to the discovery of violations by third parties. These events can be initiated by individual entrepreneurs, legal entities, other state or municipal bodies in a city or rural settlement.
5. Inspectors are considering possible violations made by landlords of residential real estate in apartments received by residents as social housing.
6. The implementation of the rules in accordance with which the maintenance of common property in houses is carried out and repair work in relation to it is carried out in accordance with the requirements of housing legislation is studied.
7. The powers of supervision are to control how prepared the housing stock and common property are for the upcoming season.
8. Control authorities check the cost of utilities in the municipal area, reflected in receipts for payment by residents. At the same time, it is monitored whether these amounts do not exceed the maximum and minimum limits established by law.
9. Compliance with the law when choosing a management company by residents of an apartment building is monitored.
10. They have the right to inspect private housing, provided that permission from its owners is obtained.
11. If there is a violation of the conditions stipulated by the issued license, the MLC draws up a protocol in which they are documented.
12. The condition of gas equipment is checked, the conditions of its maintenance and repair work are monitored.
13. There may be unscheduled inspections of how the management company fulfills its responsibilities towards citizens. They can be initiated by the owners of residential property in an apartment building or by governing bodies chosen by them.

If necessary, the MWC has the right to contact other regulatory authorities to conduct joint inspections.

ATTENTION! When the inspection reveals violations, the control authorities initiate a meeting of residents, at which the incident is discussed and the necessary measures are taken.

After the inspection has been carried out by the municipal control department, which is what the Criminal Code is doing, the relevant departmental structures will be notified to carry out the necessary actions.

Rights of the housing inspector and housing supervision authorities

The Regulations on State Housing Supervision contain regulations defining the rights of the housing inspector, which are developed in accordance with Article 20 of the Housing Code of the Russian Federation.

The housing inspector exercising municipal housing control has the right to:

• receive information from authorities, departments of the public utility sector and business structures on their requests necessary to verify compliance with mandatory requirements;
• enter the territory of any facility that falls under the definition of multi-apartment housing stock, presenting a certificate and an order to conduct an inspection;
• conduct examinations, test work, order examinations or investigative activities;
• draw up acts and instructions that demand to stop and correct all identified violations, and after a six-month period, in accordance with the work regulations, demand a report on their implementation;
• draw up protocols on administrative offenses, initiate and consider cases of violations of administrative law and order in the housing sector;
• when identifying violations entailing criminal liability, draw up acts and materials on the basis of which criminal cases are initiated by the relevant authorities;
• transfer to court cases on the cancellation of unlawfully accepted documents and agreements or the liquidation of created associations of homeowners, on the protection of the rights of users or owners of the housing stock.

State and municipal bodies exercising control and supervision in the housing and communal services sector

State Housing Inspectorate

The State Housing Inspectorate is the most important supervisory body in housing and communal services. Its specialists identify and suppress violations in this area by state authorities, local governments, legal entities, and individual entrepreneurs. The State Housing Inspectorate also requires strict compliance with housing and communal services standards from ordinary citizens.

The work of the state housing inspection in the regions is coordinated by the Chief State Housing Inspector of the Russian Federation.

Thus, the housing inspectorate works in every region, republic, and territory of the Russian Federation. She controls:

• how the housing stock and common property of premises owners in an apartment building and in adjacent areas are used;
• what is the situation with the technical condition of houses, common property of owners in an apartment building and engineering equipment;
• whether work on their maintenance and repair of houses is carried out in a timely manner;
• Are the standards for the consumption of housing and communal services reasonably established;
• does the sanitary condition of the premises and common property of the owners of premises in an apartment building comply with the standards;
• how the house is prepared for winter or summer;
• how efficiently fuel and energy resources and water are used in the house;
• how the standard level and mode of providing residents with public services (heating, electricity, water, gas supply, etc.) are observed;
• how the rules for the use of residential premises and local areas are observed;
• how the procedure and rules for recognizing residential buildings and premises as unsuitable for permanent residence are observed, as well as how the process of transferring them to non-residential is carried out;
• whether agreements exist and are observed between residential property owners, service providers and consumers;
• how competitions for maintenance and major repairs of state and municipal housing stock are held;
• how housing and communal services are performed at the request of the population;
• Do residential buildings have devices for regulation, control and accounting of energy and water resources;
• what is the situation with the formation of capital repair funds in apartment buildings;
• whether payments for housing and communal services are calculated correctly;
• How information is disclosed in the GIS housing and communal services system.

State housing inspection bodies have the right:

– carry out inspections and inspections of facilities;

– give instructions to the owners, owners and users of the housing stock, common property of the owners of premises in an apartment building and adjacent areas to eliminate identified violations;

– make opinions on the suitability of houses and premises for living;

– bring legal entities and officials to administrative liability for certain offenses in the housing and communal services sector.

If you understand that you are being charged incorrectly for housing and communal services or the quality of services leaves much to be desired, then the state housing inspection is the first regulatory body to which you should write a statement.

The form of the application can be arbitrary, the main thing is to clearly and clearly describe, without unnecessary fluff, what the essence of the violation is. It is not necessary to refer to legal norms. You can send an application in any way, as long as the fact of its submission is recorded. From January 1, 2021, applications submitted electronically are not grounds for inspection. Exceptions are made for applications submitted through the GIS Housing and Communal Services system.

You should receive a response to your application within a month. Moreover, the form of the answer itself may be different.

If the housing inspectorate staff examines the situation and does not find any violation, they will send you a written response (where they will inform you about it). In addition, you may be given an inspection report (it can then be presented in court if you decide to follow through with the matter).

If a violation is established, you will also be given a written response and an inspection report, and the management company (or HOA, resource supply organization) will receive an order to eliminate the violation.

Not all issues can be resolved by the housing inspectorate on its own by issuing an order to eliminate existing violations. But she has the right to go to court with a statement:

• on the liquidation of the HOA,
• on invalidation of decisions of the general meeting of premises owners,
• on declaring the management agreement for an apartment building invalid,
• to protect the rights and legitimate interests of owners, tenants and other users of residential premises upon their request or to protect the rights, freedoms and legitimate interests of an indefinite number of persons in the event of a violation of mandatory requirements

These claims are filed in the event of failure to eliminate within the appropriate period of time violations of the HOA Charter, violations of the procedure for selecting management organizations, the terms of the management agreement for an apartment building and the procedure for its conclusion.

Offenses for which the state housing inspection has the right to hold participants in the housing and communal services sector accountable.

The Code of the Russian Federation on Administrative Offenses contains elements of offenses for which the state housing supervision body has the right to attract unscrupulous participants in the housing and communal services sector. Types of offenses and fines are given in the table

Municipal housing control

This control is carried out by district and city administrations. In principle, their tasks and rights are approximately the same as those of the housing inspectorate, but they can only inspect those houses where there is municipal housing.

In some regions, the State Housing Inspectorate officially delegates part of its powers to municipal housing control. If this is the case in your region, then you should first file a complaint with the local administration. As in the case of the state housing inspection, an application to the municipality is drawn up in free form and submitted in any way that allows the fact of its transfer to be recorded.

License control

Licensing control is control over the compliance of management organizations with licensing requirements. It is usually carried out by the State Housing Inspectorate of the region. However, in some regions, certain powers may be transferred to municipalities. Licensing requirements include not only the requirements that are necessary conditions for obtaining a license to manage apartment buildings, but also the requirements that must be met in order not to lose it. These include:

• fulfillment of obligations under the management agreement for an apartment building;
• performance of work and services for the maintenance of common property and management of an apartment building;
• fulfillment of the requirements stipulated by law for work and services for the maintenance of common property and management of an apartment building, the frequency of their provision;
• compliance with regulatory requirements for the provision of public services, in cases where they are provided by the management organization;
• carrying out the correct calculation of the amount of payment for housing and communal services.

In other words, these are all those aspects of the provision of housing and communal services that are controlled by the housing inspectorate due to the nature of its activities, but only in relation to management organizations operating under a license.

Prosecutor's Office of the Russian Federation

“I will complain to the prosecutor’s office!” – you can often hear from citizens who despair of finding the truth in the fight against unscrupulous service providers. But is it possible to write statements to the prosecutor’s office if the case concerns the housing and communal services sector?

Yes, it is possible and necessary. The prosecutor's office oversees compliance with the law in all spheres of human life, including housing and communal services. Another important function of this body is oversight of the observance of human rights and freedoms.

The prosecutor has the right to freely enter territories and premises where ordinary citizens may be prohibited from entering, he can familiarize himself with documentation (it can be hidden from residents) - at the request of the prosecutor, the heads of organizations are obliged to provide it in full. If the prosecutor sees signs of an administrative offense or a criminal crime, he has the right to initiate administrative proceedings or transfer the materials to the police so that they can decide to initiate a criminal case.

Any citizen of Russia can appeal to the prosecutor with a complaint about the infringement of their rights and freedoms. In this case, the prosecutor must consider the application, explain the procedure for protecting rights and freedoms, and, if the facts described in the application are confirmed, work to bring to justice those who violated the law.

The prosecutor's demands must be fulfilled within the prescribed period!

The prosecutor's office has another important power. If a citizen, due to his age, incapacity, health condition (or other valid reasons), cannot independently go to court, a prosecutor can do this for him.

The prosecutor also has the right to apply to the court in defense of an indefinite number of persons. We are talking about a situation where the rights of a significant number of citizens are violated or when the violation has acquired special social significance.

Thus, it makes sense to contact the prosecutor’s office if you doubt that the offense relates only to the housing and communal services sector, if for health reasons you cannot defend your rights in court, or in cases where the response from other state and municipal bodies does not allow you to understand in the situation.

The application to the prosecutor's office is drawn up in any form and submitted in any way that allows recording the fact of its transfer.

Rospotrebnadzor

The main tasks of Rospotrebnadzor are to monitor the sanitary and epidemiological well-being of citizens and protect the rights of consumers. Therefore, if the garbage in your house is not removed on time (or not at all), if there is mold, eternal dirt, rats and cockroaches in the entrances, you have every right to write a statement to Rospotrebnadzor.

You also need to complain about neighbors who are too loud: the definition of “noise” is also included in the concept of “sanitary and epidemiological well-being.”

Rospotrebnadzor employees have the right to hold accountable persons who have committed or committed violations of the requirements of the Law “On the Protection of Consumer Rights”.

Example!

The most typical violation in this case is consumer deception. Most often it is expressed in the collection of excessive fees for housing and communal services. Payment documents may contain incomplete or false information about housing and communal services and their performers

In addition, Rospotrebnadzor specialists can also apply to the court to protect the rights of consumers and the legitimate interests of an indefinite number of persons. In addition, they can intervene in a case in court and give an opinion on it.

You can also get advice from Rospotrebnadzor on issues that fall within the competence of its specialists.

The application to Rospotrebnadzor is drawn up in free form and submitted in any way that allows recording the fact of its acceptance.

Important! Before contacting the Rospotrebnadzor authorities, you must write a complaint to the company that violated your rights. The application to Rospotrebnadzor must be accompanied by documents that confirm the fact of filing a claim. If such documents are not available, Rospotrebnadzor will not conduct an inspection of the organization!

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Concept of public housing control

The regulations on state housing supervision and the Housing Code of the Russian Federation provide for the existence of such a concept as public housing control. Its functions include organizing public control over the legality and legality of activities carried out by authorized persons and organizations included in the system of state, regional and municipal executive bodies.

The regulations for the activities of public housing supervision are based on the principles of protecting the interests of citizens, take into account public opinion and assess how conscientiously the state housing supervision department copes with its responsibilities.

To summarize, it is worth noting that the functions of bodies exercising control and supervision in the field of housing law do not extend to organizations that have received a license and carry out their duties as managers in apartment buildings.

Author of the article

Russian legislation on housing control (supervision)

The housing control (supervision) system includes state housing supervision, municipal housing control, public housing control.

Supervisory and control activities in the housing sector are regulated by more than four hundred regulatory legal acts, which include federal laws, decrees of the Government of the Russian Federation, decrees of the President of the Russian Federation, and departmental acts.

Following Decree of the President of the Russian Federation dated May 15, 2008 No. 797 “On urgent measures to eliminate administrative restrictions in the implementation of entrepreneurial activities”, in order to strengthen guarantees for the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision), the Federal Law “On the Protection of Rights” was adopted legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.”

The provisions of this federal law apply to relations related to the implementation of state housing supervision, municipal control, organization and conduct of inspections of subjects of housing legal relations. At the same time, when regulating relations related to the implementation of state housing supervision in relation to the activities of regional operators, one should take into account the norms formulated in Part 4.3 of Art. 20 Housing Code of the Russian Federation.

Decree of the Government of the Russian Federation dated 04/05/2010 No. 215 (as amended on 02/25/2014) “On approval of the Rules for the preparation of reports on the implementation of state control (supervision), municipal control in relevant areas of activity and on the effectiveness of such control (supervision)” is aimed at increasing efficiency control (supervision) by establishing indicators and methods for conducting control (supervision). It is important to emphasize that the Plenum of the Armed Forces of the Russian Federation and the Supreme Arbitration Court of the Russian Federation in the resolution of July 11, 1996 “On some issues related to the application of part one of the Civil Code of the Russian Federation” noted the need to take into account that by virtue of Art. 55 of the Constitution of the Russian Federation and Art. 1 of the Civil Code of the Russian Federation, restriction of civil rights is permissible only on the basis of federal law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

Decree of the Government of the Russian Federation dated June 11, 2013 No. 493 (as amended on October 29, 2014) “On State Housing Supervision” (together with the Regulations on State Housing Supervision) defines the tasks and procedure for carrying out state housing supervision.

Order of the Ministry of Regional Development of the Russian Federation dated August 23, 2013 No. 360 approved Methodological recommendations for developing a procedure for implementing state housing supervision in the constituent entities of the Russian Federation, including the procedure for interaction between municipal housing control bodies and authorized executive authorities of the constituent entities of the Russian Federation carrying out regional housing supervision.

The activities of state housing supervision bodies and municipal housing control bodies are coordinated by the Chief State Housing Inspector of the Russian Federation on the basis of clause 4 of the Decree of the Government of the Russian Federation dated September 12, 2014 No. 927 “On the Chief State Housing Inspector of the Russian Federation and the procedure for approving the appointment and dismissal of a manager executive body of the constituent entity of the Russian Federation exercising regional state housing supervision.”

Since 2014, in accordance with Part 8 of Art. 20 of the RF Housing Code introduced provisions on public housing control in order to ensure the rights and legitimate interests of citizens. It is envisaged that its subjects are public associations, other non-profit organizations, councils of apartment buildings, and other interested parties. However, the mechanism for implementing public housing control in the Housing Code of the Russian Federation has not yet been regulated in detail.

Legislation on housing supervision (control) includes regulatory legal acts of the Russian Federation, constituent entities of the Russian Federation, and local government bodies. It should be borne in mind that among the powers of the state authorities of the Russian Federation is the establishment of the procedure for carrying out state housing supervision (Article 12 of the Housing Code of the Russian Federation), and the executive authorities of the constituent entity of the Russian Federation - to exercise control over the use and safety of the housing stock of the constituent entity of the Russian Federation, the compliance of residential premises of this fund in accordance with established sanitary and technical rules and regulations, other legal requirements, implementation of regional state housing supervision (Article 13 of the Housing Code of the Russian Federation).

The powers of local government bodies include the implementation of municipal housing control (Article 14 of the Housing Code of the Russian Federation).

For example, the laws of the constituent entities of the Russian Federation establish the procedure for interaction between municipal housing control bodies and authorized executive authorities of the constituent entities of the Russian Federation.

The procedure for conducting municipal housing control is determined by municipal legal acts or the law of the constituent entity of the Russian Federation and municipal legal acts adopted in accordance with it.

Of particular importance for the implementation of housing control (supervision)

has a procedure for using the state information system for housing and communal services, determined on the basis of Federal Law dated July 21, 2014 No. 209-FZ “On the state information system for housing and communal services.”

The main purpose of the MZhK

Municipal housing control is a branch of activity of a unit of local self-government aimed at conducting regular inspections of entities regarding their compliance with laws and regulations governing the sphere of housing relations.

The main task of the MLC is to carry out verification work of legal entities, entrepreneurs and citizens performing the functions of managers of apartment buildings, including housing cooperatives and homeowners' associations, and to exercise licensing control in relation to them.

Working methods include the following:

• carrying out inspections of compliance with standards and requirements established in the housing sector by regulatory documents at various levels;
• issuing orders to eliminate identified violations, setting deadlines for their implementation;
• obtaining information and actual verification of compliance with previously issued orders;
• transfer of materials to housing supervision authorities.

In its activities, MZhK closely cooperates with regional state housing supervision authorities.