The temperature standards in the residential premises are established to ensure comfortable conditions for the human life during the cold season.
Heating B. apartment houses Made by communal services. Unfortunately, they hold current legislation Not always. If the temperature rate is not observed in the apartment, then its owner has the right to apply to the relevant public service.
To date, the order and specificity of central heating is governed by Sanpina documents. All the necessary data are collected in Resolution No. 354 of 06.05.2011. If necessary, a person can apply to court at any time when non-compliance with the rules and rules.
The temperature rate in the apartment is installed as follows:
Sanitary standards in the apartment must also correspond to the heating devices used. For example, the temperature of the water heater cannot be more than 90 ° C.
The air temperature in the residential room in winter is important. It is formed not only by exposure heating devices. The effect should also be taken into account by the following factors:
The permissible temperature of the wall in the apartment according to the current standards should not be below 20 ° degrees. Otherwise, indoors will not be able to create comfortable conditions for living. It also affects the weather and the dew point.
The optimal temperature in the apartment is a subjective concept, which depends on the individual preferences and host habits. Feelings should not cause discomfort. Otherwise, a person will feel bad.
Temperature indicators are considered permissible if appropriately applied by the current legislation:
Any room of a residential type is at least 18 ° C.
The room between two adjacent apartments is at least 16 ° C.
Kitchen - not less than 18 ° C.
Toilet, bathroom - not less than 18 ° C.
Entrance lobby or staircase - at least 14 ° C.
Storage room - not less than 12 ° C.
In a separate note, you can also find out the recommended indoor moisture norms. These norms also significantly affect the comfortable perception by a person's microclimate person.
The effect of humidity on the comfortable condition of the person at the same temperature
Pediatric sources advise carefully to the temperature regime of the kid. Overheating or supercooling can be negatively affected by its general state. The temperature in the child's bedroom should be 18 ° -20 ° C. Due to this, all biochemical processes in its body will flow normally.
Dr. E.O. Komarovsky warns that the increase is dangerous and can lead to failures.
However, increase the intensity of the heating system is necessary for a newborn, which was born on the light before the deadline. For its development it is necessary to create certain conditionswho parents tell a pediatrician in more detail.
Residents of our country are watching an increase in utility fees every year. In such a crisis, they give a substantial part of the budget and want to know that they will be in comfortable conditions in winter. Unfortunately, far from always utility services conscientiously perform their work. That is why it is important to know what should be the temperature in the apartment in the heating season in the apartment.
The relationship between the owner of this service is regulated GOST R 51617-2000. It specified each period of the year and general technical conditions.
In winter, it is necessary to stick to the range from 18 ° to 25 ° C.
When deviating from the norm, comfortable accommodation in the apartment is difficult to submit.
Against the background of heat in the room, a favorable environment is created for the growth and development of bacteria harmful to the human body. At the same time, normal temperature does not worsen the work of the heart. The heat thickens blood and causes the internal organs in intensive mode. Continuous impact leads to dehydration, which provokes nervous voltage.
Hypothermia or supercooling quite often acts as a shock to develop a cold. It is important that the body temperature does not fall below 36 degrees. The supercooling is especially dangerous for children. Their body has small heat transfer, so can not quickly recover.
The rules for measuring the air temperature are very important, because only when they are observed, it will be possible to obtain a correct result. To perform manipulation, a regular mercury thermometer will be required for internal use. It should be located away from heating devices. The optimal solution is to be placed in a suspended form stationary.
Measurement of temperature according to the current standards should be carried out by a registered device. To date, there are many devices that differ high levels accuracy. It must be located at a distance of at least 1.5 meters from the floor. At the same time before outdoor Wall There should also be at least 1 meter. It is possible to obtain an accurate result only if the thermometer is beneficial in the selected position for at least 10 minutes.
The indoor microclimate is regulated not only heating system. Attention should also be given to the following factors.
Violation temperature standard Not only causes discomfort, but may also lead to the exacerbation of a number of chronic diseases. If utility services did not spend on time to operate the functioning of the system, the residents of the house have the right to make a complaint. It initiates the verification by the controlling authorities of the validity of this application.
The responsibility of utilities for violating the temperature standards is reduced to the need to recalculate the cost of the services already provided. Additionally, they are also required to eliminate all system malfunctions. After performing work, a re-check of the microclimate of the room is carried out. The result is fixed in a special act.
If violations were identified in the central heating system, the apartment's tenants have the right to claim recalculation of the amount accrued to it in the amount of 0.15 per hour of use. Due to this, in 28 days, payment can be reduced by 90%. However, to obtain such a decision, it will be necessary to apply to the lawsuit in court.
In practice, there are many examples of poor-quality provision of the heating service of whole houses. Residents can make a collective complaint, which will allow them to receive reimbursement by law.
To defend its rights, it is recommended to contact the controlling authorities. The statement may indicate several tenants, who are not satisfied with the service of a communal organization. If it refuses to perform repair work or checks, then a lawsuit is compiled.
The norms and rules of the current legislation are specifically designed to protect a person. That is why he can always rely on them when defending his own interests. Only in this case will be comfortable to accommodate in this area.
If the poor-quality execution of heating services has been revealed, then it is required to immediately declare it to the serving organization. For this, the act of revision, which is attached to the complaint in writing.
There are also cases of low temperature in the private sector. To identify troubleshooting, you will need to check the heating devices that are currently used. There are modern methods that will allow in a short time and with minimal investments to increase the efficiency of each battery. Radiators are recommended to replace more modern devices. Due to this, it will be possible to achieve the result and create comfort for all family members.
Decree of the Government of the Russian Federation of 06.05.2011 N 354 (ed. From 09.09.2017) "On the provision of utilities to owners and users of premises in apartment buildings and residential houses"(Together with" Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings ")
15. Ensuring regulatory air temperature<7>:
in residential premises - not lower than +18 ° C (in the angular rooms - +20 ° C), in areas with the temperature of the coldest five days (the security of 0.92) -31 ° C and below - in residential premises - not lower than +20 ° C (in angular rooms - +22 ° C);
in other premises in accordance with the requirements of the legislation Russian Federation About technical regulation (GOST R 51617-2000)
The document has lost strength in connection with the publication "GOST R 51617-2014. National Standard of the Russian Federation. Services of housing and communal services and management of apartment buildings. Utilities. General requirements"(Approved by order of Rosstandard from 11.06.2014 N 544-st).
"GOST R 51617-2000. State Standard of the Russian Federation. Housing and communal services. General specifications. "
(approved by the Resolution of the State Standard of Russia from 19.06.2000 N 158-st)
(Ed. dated July 22, 2003)
According to the "Rules for the provision of utilities to citizens", approved by Decree of the Government of the Russian Federation No. 307 of May 23, 2006, the temperature in the residential premises should be no less than +18 degrees, and in the angular rooms are not lower than +20. In cold regions, where the temperature of the coldest five days of the year -31 ° C and below, the temperature of the residential premises should not be less than +20 degrees. But at the same time, the room must be well insulated, and the temperature is measured in the center of the largest room of the apartment at an altitude of 1 m. The deviation cannot exceed 3 degrees at night, while the allowable excess is no more than 4 degrees. In the daytime, the temperature deviation is not allowed. Accordingly, you need to correctly measure the temperature. To do this, take a thermometer and keep it in one meter from the outer wall and one and a half meters from the floor. Measurement is made 10 minutes. It is more efficient to make a temperature schedule by the hour. If you are recorded a violation of the temperature regime, you have every reason to contact the housing organization with a complaint.
First you need to notify the emergency dispatch service. It must be indicated by the managing organization. The appeal can be both oral, including by telephone and written.
The tenant must specify its name, surname, patronymic, address of residence and describe the problem - the temperature of the room does not comply with the standards. In turn, the service officer must also report his last name, name, patronymic, registration number of the application and the time of its reception. If the emergency dispatch service employee is known for the fact that you have a cold home, he must notify about it. Thus, the managing organization recognizes the fact of non-appearances of a service or its inappropriate quality. This must be fixed in the logbook. This mark serves as the basis for the recalculation of payment for heating.
If he is not aware of the problem, he must coordinate the exact time for establishing the fact of unwinding the service. This should happen within three business days. Then there should be a check with the participation of the representative of the communal service and the applicant. According to its results, the act is drawn up, which they must sign. This act also serves as a document by which you have the right to recalculate. But managing organizations often do not recognize guilt and do not agree with the claims of the applicant. In this case, a secondary check must be carried out. Representatives of the Gospise and Public Association of Consumers are already invited to her. And according to the results, it also includes an act for the signatures of the consumer, the performer, the inspector and the public representative. Having on his arms this act, the consumer has already fulfilled the right to demand recalculation. The act should indicate a violation of the quality parameters, time and date of the beginning of the failure of utility services.
Thus, in your case it is difficult to demand from management company Increase temperatures, because it is complied with the standard for your information. There is a concept - the air temperature standards of the apartment, however, in the current legislation, the concept is not provided - a comfortable temperature, since it is absolutely different. If you intend to contact the court, then you will have to prove not the fact that you cannot live with the temperature set by the standard, but the fact of the violation of the legislation and the provision of improper quality services. I advise you to measure the air temperature in the apartment and make sure that it really corresponds to the standard. Otherwise, I do not see the chance of success in court.
In front of you the crib. You can refer to her if you get a complaint from the resident that the apartment is cold.
In case of deviation of the air temperature in the premises from regulatory values A legal entity may be fined in the amount of up to 10 thousand rubles. In addition, you will have to recalculate.
From this article you will learn:
The air temperature in the residential premises of the MKD must comply with the requirements of clause 15 of Annex 1 to the rules for the provision of utilities to the owners and users of premises in apartment buildings and residential buildings, approved by the Government Decree No. 354 (hereinafter referred to as Rule No. 354).
In the rest of the rooms, the temperature is regulated by the legislation on technical regulation, in particular SanPiN 2.1.2.2645-10 (Appendix 2).
Reducing the air temperature in the residential room during daytime is not allowed. Under the daytime according to the rules number 354, it is understood from 05:00 to 00:00.
Measure the temperature of the air in the rooms of the residential premises, standing in the center of the planes, located from the inner surface of the outer wall and the heating element by 0.5 m, and in the center of the room (point of intersection of the diagonal lines of the room). The measuring device is kept at an altitude of 1 m.
If there are several rooms in the apartment, make me the greatest living room in the area.
Measuring instruments must comply with the requirements of standards (GOST 30494-2011 "Buildings residential and public. Microclimate parameters in rooms").
The resulting room temperature can be measured by a ball thermometer. At air movement speeds up to 0.2 m / s, the resulting temperature is considered to be equal to the temperature of the ball thermometer with a spheres diameter of 150 mm.
The value of the resulting temperature can be calculated. The calculation rules are set to GOST 30494-2011 (Appendix, a).
At air movement speed up to 0.2 m / s formula 1..
Formula 1 Definition of the result temperature at air movement speed up to 0.2 m / s
At air movement speed from 0.2 to 0.6 m / s formula 2..
Formula 2 Definition of the resultant temperature at air movement speed from 0.2 to 0.6 m / s
Radiation temperatures are calculated by the temperature of the ball thermometer ( formula 3.) or at the temperatures of the internal surfaces of fences and heating devices ( formula 4.).
Formula 3 Determination of radiation temperature over a ball thermometer (the diameter of the sphere is up to 150 mm)
Formula 4 Definition of radiation temperature at the temperatures of the internal surfaces of fences and heating devices
The optimal parameters of the microclimate are the combination of the values \u200b\u200bof microclimate indicators, which, with long-term and systematic effects on a person, provide a normal thermal state of the body with minimal stress of thermoregulation mechanisms and a sense of comfort at least 80% of people in the room.
The room with a permanent stay of people is a room in which people are at least 2 hours continuously or 6 h Total within 24 hours.
The radiation temperature of the room is the temperature of the indoor surfaces of the indoor furnaces and heating devices.
The resulting temperature of the room is a complex indicator of the radiation temperature of the room and air temperature of the room.
Arbitration Court of the Republic of Khakassia
Name of the Russian Federation
DECISION
Arbitration Court of the Republic of Khakassia as part of Judge E.V. Kaspirovich, when conducting a trial of the court session, the secretary of the court session K.P. Kirbizhukova, examined in open court case on the application
limited Liability Company "Khakassi Teploenergokompleks" (TIN 1903013620, OGRN 1021900698940)
to the State Housing Inspectorate of the Republic of Khakassia (OGRN 1041901000338, TIN 1901061466)
on recognition of the illegal and cancellation of the decision 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 "HEU-1" (TIN 1903018184, OGRN 1081903000520).
Representatives took part at the court hearing:
applicant - Kruglov G.K. By proxy of January 12, 2015 No. 03-2015 (t. 1 ld 9), Rogozhin S.A. by proxy of January 13, 2015 No. 17-2015 (t. 2 ld 7);
respondent - Samrin I.P. by proxy of February 2, 2015 (t. 1 ld 62), Olshevsky V.S. by proxy of March 23, 2015 (t. 2 ld 5), Komarov D.V. by proxy of March 27, 2015 (t. 2 ld 6).
The Khakassian Teploenergokomplex Limited Liability Company (hereinafter referred to as the Company) appealed to the Arbitration Court with a statement about recognizing the illegal and abolition of the Resolution of the State Housing Inspection of the Republic of Khakassia (hereinafter - the Housing Inspectorate) of January 20, 2015 in the case of an administrative offense.
The applicant's contested decree was brought to justice on the basis of Article Codex of the Russian Federation on Administrative Offenses (hereinafter - the Administrative Code 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 communal services regime.
The definition of the Arbitration Court of January 30, 2015, the Company's statement was made to consideration in the order of simplified production.
Definition of March 26, 2015, the Arbitration Court determined the case on the rules of administrative proceedings.
The definition of April 23, 2015, the Arbitration Court satisfied the petition of the Company, attracted to participate in the case as a third party who does not declare independent claims regarding the subject of the dispute, which is currently managed and the serving house in the disputed organization - Limited Liability Company "HEU-1 "(Hereinafter referred to as" ZHEU-1 ").
The third person - LLC ZHEU-1 at the court session did not appear, the place and time of the trial was notified properly (the notification of June 11, 2015, vol. 2). In accordance with Part 5 of the article of the Arbitration Procedure Code of the Russian Federation (hereinafter referred to as the APC of the Russian Federation) is considered in the absence of a third party.
At the hearing, representatives of the Company were supported, referred to the arguments set forth in the application, in explanations to the review (vol. 1 ld 167-169) and on the evidence presented in the case file. Applicant's arguments are as follows:
In the act of checks of December 5, 2014 No. 453/24 not specified: the place of drawing up the act, the temperature measurement methodology in residential premises using the L-300 thermometer, certificate of verification No. 4080/203, methods for measuring the parameters of heat and water supply at entering House using infrared Testo 875-2 thermal imager, verification certificate number 016008950;
In the materials of the administrative case, there is no information on 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 Regulation No. 354), the pressure in the water supply system should be measured at the water intake point in the watches of the morning maximum (from 07.00 to 09.00) or evening maximum (from 19.00 to 22.00 ); Such measurements were carried out by the TM5 pressure gauge at 15 o'clock 20 minutes;
According to Appendix No. 1 to the rules No. 354, when measuring the temperature, devices must comply with the requirements of standards, in particular Table No. 8 GOST 30494-2011, the permissible error of the device must be no more than 0.1 degrees; The temperature of the coolant on entering the house was measured using the Testo 875-2 thermal imager, the error of which is about 2 degrees;
The administrative body has not proven that the applicant's assessment of a controversial administrative offense;
Reference in a challenged ruling to paragraph 6.2.59 of the Rules technical exploitation The thermal power plants approved by the Order of the Ministry of Energy of Russia on March 24, 2003 No. 115 is untenable, since these rules do not contain the requirements for the quality of the communal heating service. Such requirements are contained in Appendix No. 1 of the Rules No. 354, among which there is no such requirement as the water temperature in the supply pipe in the house in the house;
By virtue of paragraph 15 of section 6 (footnote 5) of Appendices No. 1 to Regulation No. 354, the requirements for the temperature regime in apartments are applied subject to the implementation of facilities for the insulation of premises (GOST R 51617-2000);
The Company is not engaged in the service and exploitation of domestic engineering communications of apartment buildings, the management company "ZHEU-1" is engaged in the service of intraceremia communications.
Representatives of the Housing Inspectorate with the requirements of the Company did not agree, referred to the arguments set forth in the response to the application (t. 1 ld 55-61), and on the evidence submitted to the case file, indicated:
The inspection act states the checkmark: Chernogorsk, ul. Soviet, d. 77; It contains the phrase "Measurement of air temperature in residential premises was carried out to the instrumental method in accordance with GOST 30494-2011 using the instrument ..", then information about the device used - the thermometer Laboratory electronic LT-300, verification certificate No. 4080/203 really until August 2, 2015, head. № 1468403;
The thermal imager infrared Testo 875-2 produced only measurements of the medium temperature at the point of separation of the balance sheet; These measurements were made in accordance with the operating manual; The mark of the method of measuring the temperature of the coolant is not listed in the act of verification due to the absence of in the act free space for the mark, but the actor itself is the device itself and its factory number;
The act of verification has a mark about the model of the pressure gauge - TM5 and information about its state calibration;
As part of the controversial audit, the air temperature was measured in the residential room, as well as the heating parameters on the border of the booking accessory of an apartment apartment building, but not the water supply parameters;
GOST 30494-2011 established requirements for measuring air temperature in a residential room, but not to measuring the temperature of the coolant;
The limiting deviation of the air temperature measurement device - the thermometer Laboratory electronic LT-300 complies with the requirements set by Table 8 of GOST 30494-2011;
The error of the temperature of the coolant temperature measurement on the border of the balance sheet is not regulated by the rules No. 354;
The company lies the duty to ensure the qualitative provision of a municipal service - heating and all the parameters characterizing its parameters to the ratio of the balanced distinction, namely to the general-friendly assembly of the heat carrier's thermal energy, in which measurements were carried out;
The Testo 875-2 device, which is about solving the Montenegrin City Court of June 20, 2014, was used for direct purpose, namely, for the contactless measurement of the spatial distribution of the surface temperature of solid (bulk) bodies, gas jets and water according to their own thermal radiation and displaying this distribution on the LCD screen;
Passport of readiness, as well as the absence in it comments to the thermal contour (insulation), confirm the implementation of measures for insulation of the room in front of the 2014-2015 heating season;
The insufficient pressure drop serves as a consequence of deterioration in the quality of the heat supply of a disputed residential building, which in turn causes a decrease in air temperature in residential premises;
The third person of the LLC ZHEU-1 (managing currently and attendant in the disputed organization) Reviewed by the application did not submit, at the court hearing on June 11, 2015, the representative of the third party Arzamasseva I.N. Supported the position of the housing inspection. It was believed that the violation of the temperature regime in the apartments occurred due to the fault of the resource-supply organization.
When considering the case, the Arbitration Court has the following.
October 22, 2014 in the prosecutor's office of Chernogorsk received the appeal of residents of apartments Nos. 14, 17, 22, 10, 12, 19, 29, 26, 23, 25, 18 living in an apartment building at the address: Chernogorsk, ul . Soviet, d. 77 (hereinafter referred to as MKD), on the adoption of measures due to a violation of the temperature regime - the absence of heating (t. 1 ld 85). This appeal October 31, 2014 was directed by the prosecutor of Chernogorsk to consider in the housing inspection (t. 1 ld 84, 85).
Deputy Head of Housing Inspection Gusachenko A.A. The disposal of December 1, 2014 No. 1006-ton on holding an unscheduled (exit) audit to the compliance with the obligatory requirements of housing legislation and other regulatory legal acts, the quality of providing housing, utilities to consumers living in the MCD (awarded to society on December 1, 2014 incoming stamp on the document, t. 1 ld 88).
Notice of December 1, 2014, the Company was notified about the need for turnout on December 5, 2014 to jointly hold measures with a specialist of housing inspection of state control measures to comply with the requirements of housing legislation in order to fix the quality of the quality of utilities for heating and hot water supply, draw up and obtain an audit act (handed Society on December 1, 2014, incoming stamp on the document, vol. 1 ld 89).
According to the results of the inspection conducted in the absence of a representative of the Company, an act of verification of December 5, 2014 No. 453/24, which reflects the following:
Fixed temperature in residential rooms, including in the corners, in apartments №№ 14, 19, 10, 27 (from +17.1? From to +21.5? C), not corresponding to the regulatory temperature (+20? C and +22? C);
According to the temperature schedule of the release of heat of the boiler society for 2014, the central water temperature in the heating system should be +59.7? C, actually +68.1? C on the supply pipe and +37,5? C on the return pipeline;
The pressure in the heat network on the supply and reverse pipeline on entering the house is p1 6.1 kgf / cm?, P2 6.0 kgf / cm?;
The pressure drop at the entrance to the house was 0.1 kgf / cm?, Which is not enough to normal circulation of the coolant in the heating system, which is evidenced by a large overheating of the coolant temperature in the supply pipe on entering the house.
A copy of the audit act was received by the Company on December 8, 2014 (incoming stamp on a document, t. 1 ld 90).
Notice of December 8, 2014, the Company was proposed to appear on December 10, 2014 in the Housing Inspectorate for the preparation of the Administrative Offencing Protocol (received by the Company on December 8, 2014, an incoming stamp on a document, t. 1 ld 91).
On December 10, 2014, a housing inspection officer in the absence of a person involved in administrative responsibility was drawn up a protocol on administrative offense No. 12/24, where it was reflected that paragraphs 5.2.1, 5.2.3 of the rules and norms of the technical operation of the Housing Fund approved by the Company Resolution of the Gosstroita of Russia of September 27, 2003 No. 170 (hereinafter referred to as Regulation No. 170), paragraphs 31, 149 of Appendix No. 1 to Regulation No. 354, paragraph 9.2.1 of the rules for the technical operation of thermal power plants approved by the Order of the Ministry of Energy of the Russian Federation of March 24, 2003 year No. 115. It is stated that the responsibility for these violations is provided for by Article RF. A copy of the protocol was received by the Company on December 11, 2014 (incoming stamp on the document, t. 1 ld 92-94).
On December 25, 2014, on December 30, 2014, a consideration of an administrative offense case was appointed against the Company (received by the representative of the Saladov Society by K.G. December 25, 2014 by proxy of January 9, 2014 No. 04-2014, signature on the document, T . 1 ld 96, 97).
In explanations of the administrative case of December 29, 2014, the Company requested the production of an administrative case (vol. 1, ld 98-99).
According to the petition of society (t. 1 ld 143) by the definition of December 30, 2014, the consideration of an administrative offense case was postponed on January 20, 2015 (t. 1 ld 145).
Housing inspection based on the results of consideration of materials on 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, t. 1 ld 144) adopted a resolution of January 20, 2015, which society was involved in administrative responsibility under Article RF in the form of a fine of 5,000 rubles. (t. 1 ld 10-15).
Disagreeing with the decision taken by the Housing Inspectorate, the Society in the law established by law contested it in the Arbitration Court.
The case is considered in accordance with the rules of paragraph 2 of chapters 25 APC RF.
Assessing the arguments of the persons participating in the case, examining the evidence presented in the case, the arbitration court came to the following conclusions.
By virtue of part 3 of Article of the Russian Federation, legal proceedings in the Russian Federation are carried out on the basis of competition and equality of the parties.
The arbitral tribunal is not an authority exercising administrative prosecution. Based on the principle of the presumption of innocence in conjunction with the principle of competition and equality of the parties, the court has the right to establish the guilt of the person only on condition that it has been proved by an administrative prosecution authority.
In the sense of the above standards, the obligation to prove the fault of the person in respect of which a decree was made to attract administrative responsibility, assigned to the authority (official), which made the appropriate decree on the case of an administrative offense.
By virtue of paragraphs 1, 3, the articles of the Russian Federation in the case of an administrative offense are subject to clarification of the event of an administrative offense, the guilt of the person in committing an administrative offense.
In accordance with paragraph 4 of Articles section III. Production in the arbitration court of first instance on cases arising from administrative and other public legal relations\u003e Chapter 25. Consideration of cases of administrative offenses\u003e § 2. Consideration of cases of challenging the decisions of administrative bodies on attracting administrative responsibility\u003e Article 210. Judicial proceedings on cases of challenging the decisions of the administrative authorities "target \u003d" _ blank "\u003e 210 APC of the Russian Federation for challenging the decisions of administrative authorities on attracting administrative responsibility the obligation to prove the circumstances that served as the basis for bringing to administrative responsibility is assigned to the administrative body that has accepted the contested decision.
When attracting a society to administrative responsibility, the administrative body did not reflect the application in the actions (inaction) of the applicant to the subjective side of the invalid offense. In particular, did not indicate whether the applicant had the opportunity to comply with the relevant rules, which specifically measures should be adopted by the Company to comply with the requirements of the current legislation.
Evaluating all the evidence and relationships presented in the case file, and the arbitration court came to the conclusion that the objective side of the offense, the responsibility for which the commission of the Russian Federation is provided for, as well as the Company's wines in the administrative authority Not proven.
In accordance with paragraph 2 of Part 1 of Article RF, the lack of the composition of the administrative offense is the circumstance that excludes the proceedings on the case of an administrative offense.
The Arbitration Court also takes into account the established judicial practice on similar cases, circumstances and arguments with the participation of the same parties:
The decision of the Arbitration Court of the Republic of Khakassia dated June 23, 2015 in case number A74-2740 / 2015 (did not entered into force (vol. 2));
Resolution of the Justice of the Judicial Page No. 5 of Chernogorsk of the Republic of Khakassia dated May 5, 2015 in the case of administrative offenses No. 5-5-305 / 2015, which proceedings in the case of an administrative offense stipulated by Part 1 of Article 19.5 of the Code of Administrative Code (non-fulfillment of the provision of housing Inspection), in relation to the company, it was discontinued due to the lack of an administrative offense in its actions (entered into legal force);
A similar solution to the Montenegrin City Court of June 20, 2014 (entered into legal force (t. 1 ld 35-36)).
Taking into account the specified, the Court considers that the materials of the case are not confirmed by the Aviation of the Company's composition, covered by Article RF, in connection with which, the requirements of society are subject to satisfaction.
Guided by articles -, section III. Production in the arbitration court of first instance on cases arising from administrative and other public legal relations\u003e Chapter 25. Consideration of cases of administrative offenses\u003e § 2. Consideration of cases of challenging decisions of administrative bodies on attracting administrative responsibility\u003e Article 211. Decision of the Arbitration Court of the case On challenging the decision of the administrative authority on attracting administrative responsibility "target \u003d" _ blank "\u003e 211 of the Arbitration Procedure Code of the Russian Federation, the Arbitration Court
I DECIDED:
Satisfy the statement of the Limited Liability Company "Khakass Coat and Energy Complex".
To recognize illegal and cancel the decision of the State Housing Inspectorate of the Republic of Khakassia dated January 20, 2015 in the case of an administrative offense.
The decision may be filed with an appeal in the third arbitration court of appeal within ten days from the date of its adoption.
The appeal is supplied through the Arbitration Court of the Republic of Khakassia.
Judge E.V. Kaspirovich
Judicial practice for the application of the norms of Art. 153, 154, 155, 156, 156.1, 157, 157.1, 158 LCD RF
What temperature should be in the apartment, controlled at the state level.
Norms, detailed in the laws, should provide management companies. For non-fulfillment, they face a serious punishment.
SanPiN has established requirements for the temperature regime in the cold and warm season. IN winter The standards are as follows (see Table).
Construction features of apartment buildings, communications are carried out to the fact that the first, the last floors are colder than others. Moreover, when the tenants complain of the Criminal Code on nonconformities, these features (cold basement, attic) justify non-compliance with the temperature regime. It is absolutely wrongful.
The norms established by the state of the heating season extend to residential premises regardless of location, floor. Temperature indicators are beyond permissible, but above the specified level, they can be, but not more than 4 degrees.
There is a requirement for installing special heating systems for uniform heat distribution in the floors of the first floors. The owners should not influence, they have a brick home or panel.
IMPORTANT! Communal services are required to maintain the permissible limits of the temperature regime in all apartments from which fee maintenance.
The law establishes the bar of the optimal room temperature, but everyone will be comfortable. Objectively, the feeling of comfort at certain temperatures depends on the factors:
When in the houses of the Criminal Code supports the regime at the proper level, to create comfortable conditions and adjust the temperature for a couple of degrees will not be difficult. For this, there are numerous climate control systems, air conditioners, heaters.
The temperature parameters of the residential premises are regulated by the regulatory act - SanPine 2.1.2.2645-10, GOST R 51617-2000 Housing and communal services and general technical conditions, where the temperature regime of the rooms from 18 ° in winter is regulated, from 20 ° C - in summer. There is a standard in the Government Decree No. 354 on the corner rooms and the cold regions where other permissible norm.
The regulatory air temperature in the residential premises is installed not lower than + 18 ° C (in the angular rooms + 22 ° C), in areas with the coldest five-day (security of 0.92) -31 ° C and below, the temperature regime is set + 20 ° C ( In the angular rooms + 22 ° C). Failure to comply with the regulatory, and not a comfortable thermal regime is considered a violation.
Previously, GOSI really installed special rules for corner apartments - on 2 degrees above ordinary. To date, the temperature regime is established and regulated by the Decree of the Government of the Russian Federation of 06.05.2011 No. 354.
The creators of SNiP 23-02-2003 believe that the temperature difference between the inner air and the surface of the outside should be no more than 4 degrees. That is, if the minimum limit for the dwelling is 18 ° C, then the wall on average should not be colder than 14.
When this rule is broken, it can be concluded that the house is not insufficient, possibly seams require updates. This should take care of the Criminal Code.
In accordance with SNiP, the temperature of the floor surface in the residential premises should be no less than 16 ° C (as a rule, exceeds the minimum permissible and ranges from 18 to 20 ° C.).
Snip 41-01.2003 Sets the normal temperature for heated floors:
Small deviations from the norm may remain unnoticed, but if the tenants constantly freeze in the apartment, this indicates a violation of obligations from the public utilities. Especially when the fee for heating and maintenance is charged in full. Then it is necessary to complain about the poor content of the house.
If the houses are cold, the temperature is fixed below the normative fall or in winter, you need to report this emergency dispatch service. The complaint is written in the name of the authority, where the claims are listed, the air temperature in residential rooms, the kitchen, the bathroom, has a requirement to bring it into line with the norms.
On the response of the Criminal Code is given 30 days. During this period, utilities should find out which of them is responsible for cooling at home. If a heat networkAt the delimitation point of the balance sheet, it is not hot enough, then this is a question of a resource-supplying organization that hears the room. If the heat is lost in the house, then the problem should solve the problem.
Tip! It is better to make a collective complaint from the residents of the entrance or at home.
When it is cold so much that the end walls are frozen, you need to act quickly. It is necessary to contact the head of the management company with a claim where to describe the problem, demand to insulate the wall, thereby restore the temperature balance. At the same time, call the representative of the Criminal Code, draw up and get an act of freezing the wall.
If the commissioned period of the Criminal Code does not take action, it will have to bring to solving the problem of state authorities:
The document is compiled in the standard order. Several ways of delivery to their addressee are allowed. You can bring on your own, register two copies, one to keep yourself as a proof. Also, complaints are sent by registered mail with a notice or online through the website of the State Service.
The degree of responsibility of the Criminal Code depends on the severity of the offense, consequences.
If public utilities immediately respond to the complaint, eliminate violations, there will be no consequences. When residents have to attract government bodies, the punishment is inevitable. The easiest is administrative responsibility, fine.
If the owners have damaged the property, health suffered, they can associate it with a reduced temperature at home and there is a evidence base, then not to avoid civil proceedings, compensation for damage.
When the consequences are serious, then sanctions are possible up to criminal.
Details about degrees:
