Room air temperature 354 regulation. The temperature in the apartment is normal (SanPiN)

At the very beginning, it is important to note that the use of non-residential premises as office and production locations automatically brings the issue of temperature standards into the scope of labor legislation.

Security theme working conditions set out in Articles -211 of the Labor Code of the Russian Federation.

Article 211 of the Labor Code of the Russian Federation. State regulatory requirements labor protection

State regulatory requirements for labor protection contained in federal laws and other regulatory legal acts Russian Federation and laws and other regulatory legal acts of the constituent entities of the Russian Federation, rules, procedures, criteria and standards are established aimed at preserving the life and health of workers in the process labor activity.

State regulatory requirements for labor protection are mandatory for legal and individuals when they carry out any type of activity, including the design, construction (reconstruction) and operation of facilities, the design of machines, mechanisms and other equipment, the development of technological processes, the organization of production and labor.

The procedure for developing, approving and amending by-laws containing state regulatory requirements for labor protection, including labor safety standards, is established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

The State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation approved one of the main documents in regulating temperature standards in non-residential premises - Sanitary rules and norms SanPiN 2.2.4.548-96 “Hygienic requirements for the microclimate of industrial premises”.

Important! In addition to these legislative acts, the key parameters of the efficiency of the heat supply system in residential and non-residential buildings are set out in.

What should the values ​​be?

It is known that for residential and non-residential locations the basic permissible temperature threshold will be different. The most pressing “temperature” issue is in thermal supply non-residential premises classified as industrial.

Attracting the labor of hired workers and their long stay here during the working day determines the development of basic hygiene requirements to physical and technical conditions, and, in particular, to temperature conditions.

According to Sanitary rules SanPiN 2.2.4.548-96, the standard temperature indicator is influenced by such factors as the intensity of the employee’s energy expenditure, time spent, seasonality, as well as peculiarities of the work schedule. Based on these parameters, temperature standards for non-residential premises are developed:

• 18–20°С – in the corridor (maximum permissible temperature – 16°С);
• 16–18°C – in the pantry (temperature allowed in the range from 12°C to 22°C).

For non-residential industrial premises Sanitary standards provide basic temperature indicators at a minimum level of 17°C. At the same time, a value of 26°C will already be considered extremely high for a production facility.
The recording of standard temperature indicators in industrial non-residential premises must be reflected in the measurement report. It also includes a conclusion about whether the values ​​recorded during measurement correspond to optimal indicators.

What to do if there is a deviation from the norm?

Based on the Provision Rules utilities For owners of premises that were put into effect by Decree of the Government of the Russian Federation No. 354 of May 6, 2011, a deviation from the optimal temperature indicator downward entitles the owner of the premises to claim a reduced payment of 0.15% for each hour of poor heating.

Important! If the air temperature is non-residential premises does not meet optimal standards due to poor heating quality, its owner has the right to file a complaint with the service organization and report violations.

Eg, The average monthly payment for heating is 2000 rubles. If we recalculate this amount by the retention rate (0.15%/hour) and the number of hours: 200 * 2 * 0.0015 * 2000 = 1200 rubles. This amount in the example given can be deducted from the general “heating” payment.

According to the Rules for the provision of housing and communal services, a difference of 2 degrees gives legal grounds to the owner of the premises not to pay bills accrued according to temperature standards that do not correspond to reality. To exercise this right, violation of temperature standards should be recorded in the inspection report of a special commission.

Important! In non-residential premises, the owner has the right to independently choose a provider of housing and communal services and enter into agreements with these organizations.

This somewhat simplifies the ability to defend one’s consumer interests, since communication is carried out directly with resource supply companies.

Conclusion

As a result, we will add: influencing the operation of heat supplies and maintaining clear standard temperature indicators in residential and non-residential premises is extremely difficult. Serious requirements for measurement, recording and certification of indicators often force people to abandon the work of defending their rights halfway.

At the same time, we emphasize that it is important and necessary to register all violations in the provision of housing and communal services, and heat supply, in particular. If difficulties arise, you should contact a lawyer: qualified specialists will help you prepare all the necessary documentation for appeals to government authorities and defend the legal rights of the owner.

I think that it will not be a secret to anyone that Government Resolution 354 is still a “folio”. This document is truly unique, since each reader has his own vision of its application in practice and he sincerely believes that his position is the only correct one. There was no exception in the case of calculating the amount of adjustment of the heating fee in case of “overheating” in the apartment, when the owners complain that the room is not hot according to the rules and the management company (HOA) owes them money for this. This is the situation we will analyze in this article.

Background:

In one city (the name is not so critical) there is a much-loved state housing inspection, which employs employees who are overly confident in their rightness ( There are definitely good ones among them, but we don’t know them).

At the beginning of my working career, I myself worked for the state and I can say with confidence that a few months of work for the good of the homeland are enough and your previously unclouded brain refuses to perceive reality in all its splendor and diversity. Being a servant of the sovereign, you stop thinking critically, since you gain power over all these “ghouls” who always want something from you.

Being the smallest clerk you become the “lord” of souls... If you don’t believe me, turn on the TV)))

Well, that’s not the point – it was hot in one of the apartments located in the apartment building. The owner of the apartment (so as not to find fault - the consumer) contacted the management company (hereinafter referred to as the Management Company), which, as required by the Rules for the provision of utility services to owners and users of premises in apartment buildings And residential buildings, approved by Decree of the Government of the Russian Federation dated May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354), measured the air temperature in the room and recalculated the cost of heating services.

Initially, 1,320 rubles were charged for heating.

The recalculation was made within the specified amount.

It seems that the conflict has been resolved and evil in the person of the Criminal Code has been defeated. But the stubborn owner, believing, like the hero of a famous cartoon, that it would not be enough, filed a complaint with the GZHI authorities about the “illegal” actions of the employees of the management company.

The GZHI employee demanded that the management company recalculate to “minus”, which actually means that the owner of the premises not only will not pay for the period of violation of the quality of the utility service, but also this way you will also receive some kind of income.

Now let’s figure out why an employee of the Civil Housing Inspectorate needs to go on vacation (I’m not talking about dismissal, since a pension for an official is sacred, and for a pension, unfortunately, you have to work in the civil service).

1. Regarding the procedure for calculating the amount of adjustment of the heating fee.

By virtue of Part 4 of Article 157 of the Housing Code of the Russian Federation, when providing utility services poor quality and (or) with interruptions exceeding the established duration, changes in the amount of payment for utility services are determined in the manner established by the Government of the Russian Federation.

Requirements for the quality of utility services, permissible deviations from these requirements and the permissible duration of interruptions in the provision of utility services, as well as the conditions and procedure for changing the amount of payment for utility services when providing utility services of inadequate quality and (or) with interruptions exceeding the established duration, are given in the appendix No. 1 to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354).

According to paragraph “c” of paragraph 3 of Rule 354, the provision of utility services to the consumer is carried out around the clock (utility heating services are provided around the clock during heating season), that is, uninterruptedly or with interruptions not exceeding the duration that meets the requirements for the quality of public services given in Appendix No. 1.

As stated in clause 15 of Appendix 1 of Rule 354, standard air temperature: in residential premises - not lower than +18 °C (in corner rooms+20°С), in areas with the coldest five-day temperature (probability 0.92) – 31°С and below – in residential premises – not lower than +20°С (in corner rooms +22°С); in other premises in accordance with the requirements of the legislation of the Russian Federation on technical regulation (GOST R 51617-2014).

Important clarification: the permissible excess of the standard temperature in the room is no more than 4 °C, which means that if, for example, the room is 22 °C instead of 18 °C, then no recalculation is done.

For each hour of deviation in air temperature in a residential area in total during the billing period in which the specified deviation occurred, the amount of payment for utility services for such billing period is reduced by 0.15 percent of the fee determined for such billing period in accordance with Appendix No. 2 to the Rules, for each degree of temperature deviation, taking into account the provisions of Section IX of the Rules.

Let's look at the situation:

Standard temperature according to Rule 354 = 18 °C

Recorded temperature= 30 °C

Actual temperature deviation from standard = …

Let's stop here in more detail :

Again attentively Let's read clause 15 of Appendix 1 of Rule 354:

« in residential premises - not lower than +18 °С(in corner rooms +20°C), in areas with the coldest five-day temperature (provision 0.92) - 31°C and below - in residential premises - not lower than +20 °С(in corner rooms +22 °C); in other premises in accordance with the requirements of the legislation of the Russian Federation on technical regulation (GOST R 51617-2014)».

That is, Rule 354 establishes "limit" adjustments for recalculation "down" when the actual room temperature is lower established by the Rules 354.

In our case, we need a “limit” on the temperature for recalculation “upwards”, since we are experiencing “overheating”. You can find this “limit” in GOST 30494-2011, which directly states that in living rooms the temperature should not exceed 24 °C (table 1) . A similar temperature is given in Appendix No. 2 to SanPiN 2.1.2.2645-10 “Sanitary and epidemiological requirements for living conditions in residential buildings and premises”

Tolerance temperature according to Regulation 354 = 4 °C

Board size= 1320 rub.

"Calculated" deviation= 30°C - 24° C –4° C = 2°C(this is the indicator used for adjustment).

31 days * 24 hours = 744 hours- this is the total number of hours in the billing period)

1320 * 0.15% * 2 = 3.96 rub. – maximum possible adjustment size in 1 hour with a temperature deviation of 2 °C

3.96 RUR/hour * 744 hours = 2946.24 RUR. – maximum possible adjustment size in 31 days with the specified calculation parameters.

note , with an accrued amount of 1320 rubles. the GZHI employee demanded a recalculation of 2946.24 rubles, that is, a “gift” to a resident ( maybe the GZHI employee had a share???) should have been 1626.24 rubles.

It's cool, isn't it?

And now to the realities...

GZHI requirement regarding recalculation to the maximum possible size contradicts current legislation, since according to clause 98 of Rules 354 “ when providing a utility service to a consumer in a residential or non-residential premises or for general house needs in an apartment building during the billing period poor quality... the amount of payment for such a utility service for the billing period subject to reduction until the consumer is completely exempt from paying for such a service ».

In other words, the maximum that a consumer can achieve from a utility service provider is “ reset » cost a separate type utilities and “earn” in in this case the consumer will not succeed.

2. Regarding the procedure for measuring the temperature inside a living space.

The legislation does not contain a detailed procedure for measuring the temperature inside a residential premises in order to determine a violation of the quality of the provided utility service.

Appendix No. 1 to Rules 354 states that “ the air temperature of residential premises for commercial calculations can be determined with sufficient reliability only by the instrument method in accordance with GOST 30494-96 or Appendix No. 1 of the Government of the Russian Federation of May 6, 2011 N 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential houses" section VI».

In clause 6.8 of GOST 30494-2011 “Interstate standard. Residential and public buildings. Indoor microclimate parameters" (put into effect by Order of Rosstandart dated July 12, 2012 N 191-st) it is stated that " when manually recording microclimate indicators at least three measurements should be taken with an interval of at least 5 minutes, with automatic registration, measurements should be carried out within 2 hours. When comparing with standard indicators, the average value of the measured values ​​is taken».

Measurement of the resulting temperature should begin 20 minutes after installing the ball thermometer at the measurement point." .

Based on clause 6.8 of GOST 30494-2011, the procedure for measuring the air temperature in the room itself should take at least 35 minutes and the procedure for measuring temperature after the consumer has provided access to the residential premises should be as follows:

1) installation of a ball thermometer at the measurement point;

2) wait 20 minutes from the moment the ball thermometer is installed at the measuring point ;

3) taking three temperature measurements at the measurement point with an interval of at least 5 minutes between measurements ;

4) drawing up an air temperature measurement report;

5) signing an act of measuring air temperature with the consumer.

According to Appendix No. 1 to Rules 354 (a similar norm is contained in clause 6.3 of GOST 30494-2011), the above procedure for measuring air temperature in residential premises is carried out “ in the room (if there are several rooms - in the largest living room), in the center of the planes spaced from the inner surface outer wall and heating element at 0.5 m and in the center of the room (the point of intersection of the diagonal lines of the room) at a height of 1 m».

Conclusion: if a management company employee came into the room to measure the temperature - he can safely lie on the master’s sofa for 20 minutes, drink tea and listen to stories about thieves in housing and communal services . During this time, he and the temperature in the room should “settle down.”

According to clause 6.5 of GOST 30494-2011, the resulting room temperature should be calculated using the formulas specified in Appendix A. Air temperature measurements are carried out in the center of the room at a height of 0.6 m from the floor surface for rooms with people in a sitting position and at a height of 1, 1 m in rooms with people in a standing position or based on the temperatures of the surrounding surfaces of fences (see Appendix A), or according to measurement data with a ball thermometer (see Appendix B GOST 30494-2011).

The above procedure for measuring indoor temperature in an MKD is the only correct one.

Note:

In parallel with measuring the temperature, it is necessary to draw up an inspection report of the residential premises for uncoordinated change in quantity, type or power heating devices . If it is discovered that there is an uncoordinated change in the number, type or power of heating devices this fact must be reflected in the inspection report and recorded by the signature of the contractor’s employees and the owner of the premises . Drawing up such an act, if there is an indication in it that the owner of the premises has violated the reconstruction of the residential premises, will make it possible to subsequently refuse to carry out recalculation.

Something like this…

Final conclusions:

1) GZHI employees: learn the rules of the law, which you use to check the management company and the homeowners association.

2) Employees of the Management Company and Homeowners Association: Withpawn is good at catching fleas. Do everything as expected and protect yourself from a lot of problems.

3) Owners of premises: warmth at home is better than cold.

Best regards, Yuri Kochetkov.

P/S For particularly stubborn critics and fighters for justice - I do not live in a private house, but in an ordinary high-rise building, therefore, like all of you, I have complaints about my management company. But, I feel sorry for spending my personal time fighting the criminal code, since it is better to spend it on family, friends and hobbies. Peace to you)))

You can discuss the article and ask questions on ouror use the form below.

Here is a cheat sheet. You can check it if you receive a complaint from a resident that the apartment is cold.

If the air temperature in the premises deviates from the standard values entity may be fined up to 10 thousand rubles. In addition, you will have to recalculate.

From this article you will learn:

• what should be the air temperature in the premises of the apartment building;
• what deviations are provided;
• how to take measurements;
• how to calculate the resulting indoor air temperature.

What should the air temperature be?

The air temperature in the residential premises of apartment buildings must comply with the requirements of paragraph 15 of Appendix 1 to the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Government Decree No. 354 dated 05/06/2011 (hereinafter referred to as Rules No. 354).

In other rooms, the temperature is regulated by the legislation on technical regulation, in particular SanPiN 2.1.2.2645–10 (Appendix 2).

• excess of standard temperature - no more than 4 °C;
• reduction in standard temperature at night (from 00:00 to 05:00) - no more than 3 °C.

Reducing the air temperature in a living room during the day is not allowed. According to Rules No. 354, daytime time means the time from 05:00 to 00:00.

How to take a measurement

Measure the air temperature in living rooms by standing in the center of planes spaced 0.5 m from the inner surface of the outer wall and the heating element, and in the center of the room (the point of intersection of the diagonal lines of the room). Measuring device keep at a height of 1 m.

If the apartment has several rooms, take measurements in the largest living room.

Measuring instruments must comply with the requirements of the standards (GOST 30494–2011 “Residential and public buildings. Indoor microclimate parameters”).

How to calculate the resulting temperature

The resulting room temperature can be measured with a ball thermometer. At an air speed of up to 0.2 m/s, the resulting temperature is considered equal to the temperature of a ball thermometer with a sphere diameter of 150 mm.

The resulting temperature value can be calculated. The calculation rules are established in GOST 30494–2011 (Appendix A).

For air speeds up to 0.2 m/s, use formula 1.

FORMULA 1 Determination of the resulting temperature at an air speed of up to 0.2 m/s

At air speeds from 0.2 to 0.6 m/s, use formula 2.

FORMULA 2 Determination of the resulting temperature at air speed from 0.2 to 0.6 m/s

Radiation temperature is calculated from the temperature of a ball thermometer ( formula 3) or by the temperatures of the internal surfaces of fences and heating devices ( formula 4).

FORMULA 3 Determination of radiation temperature using a ball thermometer (sphere diameter up to 150 mm)

FORMULA 4 Determination of radiation temperature from the temperatures of the internal surfaces of fences and heating devices

REFERENCE

Terms and Definitions

Optimal microclimate parameters are a combination of values ​​of microclimate indicators that, with prolonged and systematic exposure to a person, ensure normal thermal state the body with minimal stress on the thermoregulation mechanisms and a feeling of comfort for at least 80% of people in the room.

A room with permanent occupancy is a room in which people stay for at least 2 hours continuously or 6 hours in total during the day.

Radiation temperature of a room is the area-averaged temperature of the internal surfaces of room enclosures and heating devices.

The resulting room temperature is a complex indicator of the room radiation temperature and room air temperature.

ARBITRATION COURT OF THE REPUBLIC OF KHAKASSIA

In the name of the Russian Federation

SOLUTION

Arbitration Court of the Republic of Khakassia composed of judge E.V. Kaspirovich, when keeping the minutes of the court session by the secretary of the court session K.P. Kirbizhekova, considered the case in open court based on the application

Limited Liability Company "Khakassky TeploEnergoComplex" (TIN 1903013620, OGRN 1021900698940)

to the State Housing Inspectorate of the Republic of Khakassia (OGRN 1041901000338, TIN 1901061466)

on declaring illegal and canceling the resolution of January 20, 2015 in the case of an administrative offense,

with participation in the case as a third party who does not declare independent claims regarding the subject of the dispute, the limited liability company "ZHEU-1" (TIN 1903018184, OGRN 1081903000520).

The following representatives took part in the court hearing:

applicant – Kruglov G.K. by power of attorney dated January 12, 2015 No. 03-2015 (vol. 1 case sheet 9), Rogozhin S.A. by power of attorney dated January 13, 2015 No. 17-2015 (vol. 2, pp. 7);

defendant – Samrin I.P. by power of attorney dated February 2, 2015 (vol. 1 case file 62), V.S. Olshevsky by power of attorney dated March 23, 2015 (vol. 2, pp. 5), Komarov D.V. by power of attorney dated March 27, 2015 (vol. 2, pp. 6).

The limited liability company "Khakassky TeploEnergoKompleks" (hereinafter referred to as the company) applied to the arbitration court to declare illegal and cancel the resolution of the State Housing Inspectorate of the Republic of Khakassia (hereinafter referred to as the housing inspection) dated January 20, 2015 in the case of an administrative offense.

By the contested resolution, the applicant was brought to justice on the basis of an article of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) in the form of an administrative fine in the amount of 5,000 rubles. for violation of the regulatory level or regime for providing the population with public services.

By a ruling of the arbitration court dated January 30, 2015, the company’s application was accepted for consideration through summary proceedings.

By a ruling dated March 26, 2015, the arbitration court decided to consider the case according to the rules of administrative proceedings.

By a ruling dated April 23, 2015, the arbitration court granted the company’s petition and brought into the case, as a third party not making independent claims regarding the subject of the dispute, the organization currently managing and servicing the house during the disputed period, the limited liability company ZHEU-1 "(hereinafter referred to as ZHEU-1 LLC).

The third party, LLC ZHEU-1, did not appear at the court hearing; the place and time of the trial was duly notified (notice dated June 11, 2015, vol. 2). In accordance with part 5 of the article of the Arbitration Procedural Code of the Russian Federation (hereinafter referred to as the Arbitration Procedure Code of the Russian Federation), the case was considered in the absence of a third party.

At the court hearing, representatives of the company supported the demands, referred to the arguments set out in the statement, in the explanations to the response (vol. 1 case file 167-169) and to the evidence presented in the case materials. The applicant's arguments are as follows:

The inspection report No. 453/24 dated December 5, 2014 does not indicate: the place where the report was drawn up, methods for measuring temperature in residential premises using an L-300 thermometer, verification certificate No. 4080/203, methods for measuring parameters of heat and water supply at the input house using an infrared thermal imager TESTO 875-2, verification certificate No. 016008950;

The materials of the administrative case do not contain information about the certificate of verification of the TM5 pressure gauge;

According to Appendix No. 1 to the Decree of the Government of the Russian Federation of May 6, 2011 No. 354 (hereinafter referred to as Rules No. 354), the pressure in the water supply system must be measured at the point of water intake during the hours of the morning maximum (from 07.00 to 09.00) or the evening maximum (from 19.00 to 22.00 ); such measurements were carried out with a TM5 pressure gauge at 15:20;

According to Appendix No. 1 to Rules No. 354, when measuring temperature, instruments are allowed that must comply with the requirements of the standards, in particular Table No. 8 of GOST 30494-2011, the permissible error of the device should be no more than 0.1 degrees; the coolant temperature at the entrance to the house was measured using a TESTO 875-2 thermal imager, the error of which is about 2 degrees;

The administrative body did not prove the presence of a controversial administrative offense in the actions (inaction) of the applicant;

Reference in the contested resolution to clause 6.2.59 of the Rules technical operation thermal power plants, approved by order of the Ministry of Energy of Russia on March 24, 2003 No. 115, is untenable, since these rules do not contain requirements for the quality of communal heating services. Such requirements are contained in Appendix No. 1 to Rules No. 354, among which there is no such requirement as the temperature of the water in the supply pipeline at the entrance to the house;

By virtue of paragraph 15 of section 6 (footnote 5) of Appendix No. 1 to Rules No. 354, the requirements for temperature conditions in apartments apply subject to the implementation of measures for insulating the premises (GOST R 51617-2000);

The Company is not involved in the maintenance and operation of indoor engineering communications apartment buildings, is engaged in maintenance of intra-house communications Management Company- LLC "ZHEU-1".

Representatives of the housing inspection did not agree with the demands of the society, referred to the arguments set out in the response to the application (vol. 1 case file 55-61), and to the evidence presented in the case materials, they indicated:

The inspection report indicates the location of the inspection: Chernogorsk, st. Sovetskaya, 77; it contains the phrase “The measurement of air temperature in residential premises was carried out instrumentally in accordance with GOST 30494-2011 using a device..”, followed by information about the device used - electronic laboratory thermometer LT-300, verification certificate No. 4080/203 is valid until August 2, 2015, head. No. 1468403;

An infrared thermal imager TESTO 875-2 only measured the temperature of the carrier at the point of demarcation of the balance sheet; these measurements were made in accordance with the operating instructions; the note on the method of measuring the temperature of the coolant is not included in the inspection report due to the lack of free space for the mark in the report, but the device itself and its serial number are indicated in the report;

The inspection report contains a note about the pressure gauge model - TM5 and information about its state verification;

As part of the controversial inspection, air temperature in the residential premises was measured, as well as heating parameters at the border of the balance sheet of an apartment building, but not water supply parameters;

GOST 30494-2011 establishes requirements for measuring air temperature in a residential area, but not for measuring coolant temperature;

The maximum deviation of the device for measuring air temperature - electronic laboratory thermometer LT-300 meets the requirements established by Table 8 of GOST 30494-2011;

The error of the coolant temperature measuring device at the balance boundary is not regulated by Rules No. 354;

The company has an obligation to ensure high-quality provision of utility services - heating and all the parameters characterizing it up to the point of balance delineation, namely to the general building metering station for the thermal energy of the coolant, at the place of which measurements were carried out;

The TESTO 875-2 device, which is discussed in the decision of the Montenegrin City Court of June 20, 2014, was used for its intended purpose, namely for non-contact measurement of the spatial distribution of the temperature of the surfaces of solid (loose) bodies, gas jets and water based on their own thermal radiation and displaying this distribution on the LCD screen;

The readiness certificate, as well as the absence of comments on the thermal circuit (insulation) in it, confirm the implementation of measures to insulate the room before heating season 2014-2015;

Insufficient pressure drop is a consequence of deterioration in the quality of heat supply to the disputed residential building, which in turn causes a decrease in air temperature in residential premises;

The third party LLC "ZhEU-1" (the organization currently managing and servicing the house during the disputed period) did not provide a response to the application; at the court hearing on June 11, 2015, the representative of the third party was Arzamastseva I.N. supported the position of the housing inspectorate. She believed that the violation of the temperature regime in the apartments was due to the fault of the resource supply organization.

When considering the case, the arbitration court established the following.

On October 22, 2014, the prosecutor's office of Chernogorsk received an appeal from residents of apartments No. 14, 17, 22, 10, 12, 19, 29, 26, 23, 25, 18, living in an apartment building at the address: Chernogorsk, st. . Sovetskaya, 77 (hereinafter referred to as MKD), on taking measures in connection with a violation of the temperature regime - lack of heating (vol. 1 case sheet 85). On October 31, 2014, this appeal was sent by the prosecutor of the city of Chernogorsk for consideration to the housing inspectorate (vol. 1, pp. 84, 85).

Deputy Head of the Housing Inspectorate Gusachenko A.A. Order No. 1006-T dated December 1, 2014 was issued to conduct an unscheduled (on-site) inspection of the company’s compliance with the mandatory requirements of housing legislation and other regulatory legal acts, the quality of provision of housing and utility services to consumers living in apartment buildings (handed over to the company on December 1, 2014 , incoming stamp on the document, vol. 1 pp. 88).

By notification dated December 1, 2014, the company was notified of the need to appear on December 5, 2014 to jointly carry out with a housing inspection specialist measures for state control of compliance with the requirements of housing legislation in order to fix the quality parameters of utility services for heating and hot water supply, draw up and receive an inspection report (handed society December 1, 2014, incoming stamp on the document, vol. 1 pp 89).

Based on the results of the inspection, carried out in the absence of a representative of the company, an inspection report dated December 5, 2014 No. 453/24 was drawn up, which reflected the following:

The temperature was recorded in living rooms, including corner ones, in apartments No. 14, 19, 10, 27 (from +17.1? C to +21.5? C), which did not correspond to the standard temperature (+20? C and +22? C);

According to temperature chart heat energy supply from the boiler room of the company for 2014 “Central” water temperature in the heating system should be +59.7? C, in fact +68.1? C on the supply pipeline and +37.5? C on the return pipeline;

The pressure in the heating network at the supply and return pipelines at the entrance to the house is P1 6.1 KGS/cm?, P2 6.0 KGS/cm?;

The pressure drop at the entrance to the house was 0.1 KGS/cm?, which is not enough for normal coolant circulation in the heating system, as evidenced by the large overheating of the coolant temperature in the supply pipeline at the entrance to the house.

A copy of the inspection report was received by the company on December 8, 2014 (incoming stamp on the document, vol. 1, pp. 90).

By notification dated December 8, 2014, the company was asked to appear on December 10, 2014 at the housing inspectorate to draw up a protocol on an administrative offense (received by the company on December 8, 2014, incoming stamp on the document, vol. 1 pp. 91).

On December 10, 2014, an official of the housing inspection, in the absence of a person brought to administrative responsibility, drew up a protocol on administrative offense No. 12/24, which reflects that the company violated clauses 5.2.1, 5.2.3 of the Rules and Standards for the Technical Operation of the Housing Stock, approved Resolution of the State Construction Committee of Russia dated September 27, 2003 No. 170 (hereinafter referred to as Rules No. 170), paragraphs 31, 149 of Appendix No. 1 to Rules No. 354, paragraph 9.2.1 of the Rules for the technical operation of thermal power plants, approved by order of the Ministry of Energy of the Russian Federation dated March 24, 2003 Year No. 115. It is indicated that liability for these violations is provided for in Article RF. A copy of the protocol was received by the company on December 11, 2014 (incoming stamp on the document, vol. 1 pp. 92-94).

By determination of December 25, 2014, the consideration of the case of an administrative offense against the company was scheduled for December 30, 2014 (received by the company representative K.G. Salatov on December 25, 2014 by power of attorney dated January 9, 2014 No. 04-2014, signature on the document, t . 1 pp. 96, 97).

In the explanations on the administrative case dated December 29, 2014, the company asked to terminate the administrative proceedings (vol. 1, pp. 98-99).

At the request of the company (vol. 1 case file 143), by a ruling dated December 30, 2014, the consideration of the administrative offense case was postponed until January 20, 2015 (vol. 1 case file 145).

The Housing Inspectorate, based on the results of consideration of the materials of the case of an administrative offense in the presence of a representative of the company, Kruglov G.K. (power of attorney dated January 9, 2014 No. 03-2014, vol. 1 pp. 144) a resolution was adopted on January 20, 2015, by which the company was brought to administrative liability under Article RF in the form of a fine in the amount of 5,000 rubles. (vol. 1 pp. 10-15).

Having disagreed with the resolution adopted by the housing inspection, the company, within the period established by law, challenged it in the arbitration court.

The case was considered in accordance with the rules of paragraph 2 of Chapter 25 of the Arbitration Procedure Code of the Russian Federation.

Having assessed the arguments of the persons participating in the case and examined the evidence presented in the case, the arbitration court came to the following conclusions.

By virtue of Part 3 of the Article of the Russian Federation, legal proceedings in the Russian Federation are carried out on the basis of adversarial law and equality of the parties.

The arbitration court is not a body carrying out administrative prosecution. Based on the principle of the presumption of innocence in conjunction with the principle of adversarialism and equality of the parties, the court has the right to establish a person’s guilt only if it has been proven by the body carrying out administrative prosecution.

Within the meaning of the above norms, the obligation to prove the guilt of a person in respect of whom a decision has been made to bring to administrative liability is assigned to the body ( executive), who made the corresponding decision in the case of an administrative offense.

By virtue of paragraphs 1, 3 of the article of the Russian Federation, in a case of an administrative offense, the existence of an event of an administrative offense and the guilt of a person in committing an administrative offense are subject to clarification.

In accordance with paragraph 4 of Article Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 25. Consideration of cases of administrative offenses > § 2. Consideration of cases challenging decisions of administrative bodies on bringing to administrative liability > Article 210. Trial in cases of challenging decisions of administrative bodies" target="_blank">210 Arbitration Procedure Code of the Russian Federation in cases of challenging decisions of administrative bodies on bringing to administrative liability, the obligation to prove the circumstances that served as the basis for bringing to administrative liability rests with the administrative body that made the contested decision.

When bringing the company to administrative responsibility, the administrative body did not reflect the presence in the actions (inaction) of the applicant subjective side charged offense. In particular, he did not indicate whether the applicant had the opportunity to comply with the relevant rules, what specific measures should have been taken by the company to comply with the requirements current legislation.

Having assessed all the evidence presented in the case materials in their totality and interrelation according to the rules of articles , and , the arbitration court came to the conclusion that objective side the offense for which liability is provided for in the article of the Russian Federation, as well as the guilt of the company in committing the charged offense, have not been proven by the administrative body.

In accordance with paragraph 2 of part 1 of the article of the Russian Federation, the absence of an administrative offense is a circumstance that excludes proceedings in a case of an administrative offense.

The arbitration court also takes into account established judicial practice in similar cases, circumstances and arguments involving the same parties:

Decision of the Arbitration Court of the Republic of Khakassia dated June 23, 2015 in case No. A74-2740/2015 (has not entered into legal force (vol. 2));

Resolution of the magistrate of the court district No. 5 of Chernogorsk, Republic of Khakassia dated May 5, 2015 in the case of administrative offense No. 5-5-305/2015, by which the proceedings in the case of an administrative offense provided for in part 1 of Article 19.5 of the Code of Administrative Offenses of the Russian Federation (failure to comply with the order of the housing inspection), in relation to the company was terminated due to the absence of an administrative offense in its actions (entered into legal force);

A similar decision of the Montenegrin City Court dated June 20, 2014 (entered into legal force (vol. 1 case file 35-36)).

Taking into account the above, the court considers that the case materials do not confirm the presence in the company’s actions of an offense covered by the article of the Russian Federation, and therefore the company’s demands must be satisfied.

Guided by the articles - Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 25. Consideration of cases of administrative offenses > § 2. Consideration of cases challenging decisions of administrative bodies on bringing to administrative liability > Article 211. Decision of the arbitration court in the case on challenging the decision of an administrative body to bring to administrative liability" target="_blank">211 of the Arbitration Procedural Code of the Russian Federation, arbitration court

DECIDED:

Satisfy the application of the limited liability company "Khakassky TeploEnergoComplex".

Declare illegal and cancel the resolution of the State Housing Inspectorate of the Republic of Khakassia dated January 20, 2015 in the case of an administrative offense.

An appeal against the decision may be filed with the Third Arbitration Court of Appeal within ten days from the date of its adoption.

The appeal is filed through the Arbitration Court of the Republic of Khakassia.

Judge E.V. Kaspirovich

Court:

Plaintiffs:

Defendants:

Other persons:

Judicial practice on:

Judicial practice on the application of Art. 153, 154, 155, 156, 156.1, 157, 157.1, 158 Housing Code of the Russian Federation