on a complaint against a decision

in a case of administrative offense

Judge of the Central District Court of Togliatti, Samara Region - Onuchina I.G.,

with the participation of a representative of LLC “Management Company No.” of the city of Togliatti - M.V. Khopryachkova, acting on the basis of a power of attorney dated November 12, 2015. valid until November 12, 2016,

representative of the Administrative Commission of the city. Togliatti Melnikov V.S., who presented a power of attorney from DD.MM.YYYY. valid until December 31, 2016,

Having considered in open court the complaint of a representative of Management Company No. LLC of the city of Togliatti against the resolution of the Administrative Commission of the city of Togliatti dated DD.MM.YYYY on the imposition of an administrative penalty in case No.,

INSTALLED:

By the resolution of the Administrative Commission of the city of Togliatti dated DD.MM.YYYY, the legal entity LLC “Management Company No.” of the city of Togliatti was found guilty of committing an administrative offense under Article 10.4 Part No.-GD dated DD.MM.YYYY “ On administrative offenses in the territory,” and he was given an administrative penalty in the form of an administrative fine in the amount of 5,000 rubles.

In the appeal, the representative of LLC “Management Company No.” of the city of Togliatti asks to cancel the specified resolution of the Administrative Commission of the city of Togliatti and terminate the proceedings in connection with the absence of an administrative offense in the actions of the legal entity on the following grounds: LLC “Management Company No.” of the city of Tolyatti, on the basis of the resolution, was found guilty of violating the provisions of Part 1 of Article 10. “On administrative offenses on the territory”, clause 3.22 of the “Rules for improvement of the territory of the city of Togliatti”, approved by the resolution of the mayor's office of the city of Togliatti dated DD.MM.YYYY No.-p/1, since the resolution states that the Company does not installed trash cans near each apartment building entrance. Clause 3.22 of the “Rules for the improvement of the territory of the city of Togliatti” establishes that in all squares and streets, squares and parks, stadiums, markets, public transport stops, at enterprises, organizations, consumer market facilities and services, shops, cinemas, cultural and entertainment facilities, kiosks (regardless of their form of ownership), trash cans must be installed. Cleaning and installation of bins must be carried out in accordance with current standards (SanPiN 42-128-4690-88 “Sanitary rules for the maintenance of populated areas”). Installation, maintenance and repair of ballot boxes are carried out by their owners and tenants. A trash can must be installed at each entrance of an apartment building. The actions of LLC “Management Company No.” of the city of Togliatti do not contain the elements of the administrative offense imputed to him, provided for in Part 1 of Article 10. No.-GD from DD.MM.YYYY “On administrative offenses on the territory”, since clause 3.22 of the “Rules for landscaping the territory of the city of Tolyatti” does not provide for and does not impose on the management company the obligation to install trash bins at each entrance of an apartment building. According to Part 3, Clause 3.22 of these rules, the management organization, which is LLC “Management Company No.” of the city of Tolyatti, is obliged to ensure only the cleaning of ballot boxes, and not their installation. This norm is not subject to a broad interpretation. The resolution of the administrative commission No. dated DD.MM.YYYY is based on an erroneous understanding of clause 3.22 of section 3 of the Rules for the improvement of the territory of the city of Tolyatti, approved by the resolution of the mayor's office of the city of Togliatti dated DD.MM.YYYY No.-p/1. From the literal interpretation of the above paragraph of the Rules for the improvement of the territory of the city of Tolyatti, it follows that the management company is entrusted with cleaning the trash cans, and not installing them. Based on the above, LLC “Management Company No.” of the city of Tolyatti believes that the decision of the administrative commission in the case of an administrative offense is unfounded, since when considering the case on the merits, the administrative commission did not take into account that the applicant is not the subject of the offense, and therefore not may be subject to administrative liability.

At the court hearing, the representative of LLC “Management Company No.” of the city of Tolyatti Khopryachkova M.V. explained that she fully supported the arguments of the complaint and asked for a resolution of the Administrative Commission of the city of Togliatti dated DD.MM.YYYY in relation to LLC “Management Company No.” of the city of Togliatti under Article 10.4 Part No.-GD from DD.MM. YYYY “On Administrative Offenses on the Territory” is cancelled, and the proceedings in the case are terminated due to the absence of an administrative offense in the actions of the legal entity.

Representative of the Administrative Commission of the city of Tolyatti Melnikov V.S. explained to the court that the case of an administrative offense against the legal entity Management Company No. LLC, Tolyatti, was initiated based on the results of an audit of the federal legislation of the Russian Federation on the provision of housing and communal services to citizens, during which it was established that in the activities of the LLC “Management Company No.” of the city of Togliatti there are violations of the rules and regulations for the operation of the housing stock in the Russian Federation, as well as the Rules for the improvement of the territory of the city of Togliatti, and other evidence available in the case materials, in particular photographic material, according to which there are no trash cans, the installation of which should be organized by Management Company No. LLC, Tolyatti. Believes that the guilt of the legal entity has been fully proven, it has been brought to justice reasonably, the imposed punishment is proportionate to the crime, and therefore there are no grounds for canceling the decision. At the same time, he explained that the decisions of the Central District Court dated August 26, 2015, September 16, 2015, and September 24, 2015, which the applicant attached to the complaint as confirmation of the validity of his arguments, were for the most part overturned in the appellate instance of the Samara Regional Court , about which there are decisions that he asks to be attached to the case materials and taken into account when considering the complaint.

After listening to the representative of LLC “Management Company No.” of the city of Togliatti, the representative of the Administrative Commission of the city of Togliatti, and having examined the presented materials of the case, the court comes to the following conclusions.

Article 10.4 Part No.-GD from DD.MM.YYYY “On administrative offenses in the territory” provides for administrative liability for failure to comply with a normative legal act adopted by a local government body and (or) a local government official, except for the actions provided for in articles DD.MM .YYYY, 4.11, 4.23 and 10.3 of this Law.

From the case materials it follows that during the verification of compliance with the federal legislation of the Russian Federation on the provision of housing and communal services to citizens DD.MM.YYYY at 14:12 at the address: , a check was carried out on compliance with the requirements of housing legislation. During the inspection, it was established that in the activities of LLC “Management Company No.” of the city of Togliatti there are violations of the rules and regulations for the operation of the housing stock in the Russian Federation, as well as the Rules for the improvement of territories of the city of Togliatti, since trash bins were not installed near the entrances of the apartment building in violation clause 3.22 of the Rules for the improvement of the territory of the city of Tolyatti, approved by the Resolution of the Tolyatti City Hall dated DD.MM.YYYY No.-p/1 and the Resolution of the Tolyatti City Hall dated DD.MM.YYYY No.-P/1 .

Clause 3.22 of the “Rules for the improvement of the territory of the city of Tolyatti”, approved by the resolution of the mayor’s office of the city of Tolyatti dated DD.MM.YYYY No.-p/1, provides that a trash can must be installed at each entrance of an apartment building. The cleaning of trash bins is provided by management organizations independently or by concluding an agreement with a specialized organization.

From the case materials presented to the court, it follows that by the resolution of the Administrative Commission of the city of Togliatti dated DD.MM.YYYY, Management Company No. LLC of the city of Togliatti was brought to administrative liability under Part 1 of Article 10. from DD.MM.YYYY No.-GD “On administrative offenses in the territory” for violation of clause 3.22 “Rules for improvement of the territory of the city of Tolyatti”, namely due to the fact that LLC “Management Company No.” g.o. Togliatti at the address: , did not organize the installation of trash bins at the entrances of an apartment building. This fact is confirmed by: the indicated resolution imposing an administrative penalty in case No. dated DD.MM.YYYY; protocol on administrative offense dated January 18, 2016; photographs showing that there are no trash cans near the entrances of residential buildings; minutes of the meeting of the administrative commission of the city. Tolyatti.

Under these circumstances, the court believes that the Administrative Commission of the city of Togliatti correctly established the guilt of LLC “Management Company No.” of the city of Togliatti in committing an administrative offense under Part 1 of Article 10. from DD.MM.YYYY No.-GD “On administrative offenses on the territory”, since LLC “Management Company No.” of the city of Togliatti at the address: , did not organize the installation of trash bins at the entrances of an apartment building.

Based on the above, the arguments of the complaint of the representative of Management Company No. LLC of the city of Togliatti that the Company’s actions do not constitute an administrative offense due to the fact that clause 3.22 of the Rules for the improvement of the territory of the city of Togliatti is not provided for and is not assigned to the management company's obligation to install trash bins at each entrance of an apartment building, and also that the legal entity is not the subject of the specified offense, the court considers untenable on the following grounds:

DECIDED:

Resolution of the Administrative Commission of the city of Tolyatti No. dated DD.MM.YYYY, on the basis of which the legal entity LLC “Management Company No.” of the city of Togliatti was found guilty of committing an administrative offense under Article 10.4 Part No.-GD from DD .MM.YYYY “On administrative offenses in the territory”, with the imposition of an administrative penalty in the form of an administrative fine in the amount of 5,000 rubles, - left unchanged, and the complaint of the representative of LLC “Management Company No.” of the city of Togliatti Khopryachkova M.V. without satisfaction.

The decision can be appealed to the Samara Regional Court through the Central District Court within ten days from the date of receipt of its copy.

Resolution of the Cabinet of Ministers dated October 2, 2018 No. approved the Rules for the placement and operation of infrastructure facilities for sanitary cleaning and household waste management.

The document reflects the procedure for handling household waste, taking into account the specifics of its types (large-sized, construction, vehicle waste, hazardous waste, etc.), as well as the collection, transportation and disposal of waste.

The following points deserve special attention.

Firstly , standards for the mandatory installation of trash cans in populated areas have been approved ( see table below).

! The entities responsible for cleaning areas and installing trash bins are.

Secondly , introduced requirements for the ballot boxes themselves and their use. Stationary street bins must have a tip-over mechanism and have a base to be firmly secured in place. And near trade pavilions (including mobile tents, stalls and trays) within a radius of up to 5 m, portable bins or with removable buckets inside for emptying are placed.

The bins must be emptied and cleaned systematically as they are filled, but at least once a day, and washed and disinfected at least once a month, or use special garbage bags (bags).

The bins are installed and maintained (cleaning, emptying, flushing, disinfection and repair) at the expense of .

Third , the procedure for organizing waste collection points is described. They must be removed from the windows of residential buildings, the boundaries of areas of children's institutions, recreational areas by at least 20 m, but not more than 100 m, and also be out of sight from transit transport and pedestrian communications, away from the street facades of buildings.

The area of ​​the waste collection point and the number of containers in it are determined in accordance with sanitary rules, norms and hygienic standards. However, containers must differ in color for separate waste collection and be marked with special signs and inscriptions. In total, there are four types of mandatory containers and three more additional ones ( see table below).

! Compliance with the described requirements is under the constant supervision of the Inspectorate for Control of the Generation, Collection, Storage, Transportation, Disposal, Processing, Burial and Sale of Waste from the State Committee for Ecology and its territorial divisions. Having discovered a violation, it issues an order and takes measures to bring those responsible to administrative responsibility for failure to comply.

We live in an apartment building. The question arose about repairing the local area (parking lot, flower beds, benches). We live on the first floor (about 1.5 m from the ground to our windows). Without our consent, they are going to install a bench and a trash can right under the windows of our apartment. The cleanliness and timely removal of the trash can is not guaranteed. People constantly gather near our entrance to drink, sit and talk. The audibility in the apartment is terrible. How can you prevent the installation of a bench and a trash can? Is it legal to install a bench and trash can at such a distance from the window?

Consultations: 143

The presence of installed trash bins is one of the requirements for the maintenance and operation of the housing stock. In accordance with clause 3.7.17 of the Rules and Standards for the Technical Operation of the Housing Stock, approved by Decree of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170, trash cans must be installed on the territory of each household, corresponding to the model approved by the local government body. The distance between trash cans must be at least 50 m on category III sidewalks, no more than 100 m on other sidewalks, in courtyards, in places where small waste may be generated (in front of store entrances, etc.).

Clause 3.7.18 of the rules states that bins should be cleared of waste during the day as needed, but at least once a day, and washed periodically during morning cleaning.

Thus, when installing trash cans, there is an obligation to clean them at least once a day, and in the summer, also periodically wash them.

Where do heavy metal boxes from porches go?

The improvement of the city consists of little things. And in the literal sense: Muscovites began to complain about the lack of trash cans in the city. More than a hundred complaints have already been submitted to the well-known city portal. Some of them have a clear fantastical connotation: trash cans appear at entrances for a couple of months, and then disappear. MK figured out who is responsible for trash cans in Moscow courtyards and whether they are even needed near our entrances.

There are no trash cans near the entrances at all! A huge number of people walk past the house to the metro and back. There is nowhere to throw the garbage. They just throw it on the ground! - Natalya Emelyanova, a resident of the house on Marshal Vasilevsky Street, complains.

And there are dozens of such messages about garbage where there should be a garbage can. Moreover, urns have a sad tendency to disappear. For example, Denis Pavlov, a resident of a house on Volgogradsky Avenue, complains that the trash can disappeared near the house because it was not concreted. The same thing happens on Dobrolyubova Street, on Leninsky Prospekt (“Currently, out of six entrances, only one has a trash can. It’s not surprising that it is always overflowing and garbage is scattered around”), on Rogova Street in Shchukin (“Our entrance has been deprived of a trash can again! ") and on many other streets.

At first glance, it seems that ballot boxes in the capital have begun to disappear en masse. However, municipal deputies interviewed by MK said that there is no citywide program for eliminating ballot boxes. As the municipal deputy of the Zyuzino district, Konstantin Yankauskas, explained to MK, the State Budgetary Institution “Zhilischnik” of the districts is responsible for the local area and trash cans like it.

If a ballot box has disappeared at the entrance, then the resident needs to contact this organization or the district government and ask for it back, the mayor explained. - Why are ballot boxes disappearing? Either they served their time, or someone took them away. They are sometimes stolen as an alternative place for smoking.

By the way, the simplest ballot box costs about 800 rubles. Who and why decided to cut down or dig up an ordinary piece of iron (even instead of an ashtray) is a big question.

Every year, a targeted list of improvements is formed in each district, says Jankauskas. - If the yard is included in this program, then, among other things, they can install a trash can at the entrance, on the playground and in other areas. This list, according to the law, is formed on the basis of requests from residents, municipal deputies, acts of OATI and on the basis of inspections of the territory carried out by the government. If there are no clear messages, then, as a rule, the project may not contain what residents need.

In practice the situation is slightly different. Residents can write similar appeals for several years, asking for the installation of artificial turf on the playground, even the same trash can, but receive the same answer from the council: the list has been agreed upon, your appeal was not included. Municipal deputies call the system for coordinating addresses of public amenities non-transparent. This seems to be true, since on the same city portal some of the relatively old complaints about certain areas (for example, Kuzminki) remained unanswered.

Butyrsky became the leader in appeals among the districts. True, most of them were written by the same user...

According to a recent walk-through (the last one was on Saturday, November 3, with representatives of the council and the State Budgetary Institution “Zhilischnik”), in several courtyards, installation according to such requests led to the fact that ballot boxes were placed near the entrances and “ate” one parking space... - Marina Denezhkina, municipal deputy of the Butyrsky district, told MK.

Given the shortage of parking in Moscow courtyards, this is a real problem. You can carry a candy wrapper in your pocket, but you can’t put a car in your pocket... “Did they do good with their ballot boxes or not?” - the municipal deputy asks a rhetorical question. “They” are most likely people from Zhilischnik. Perhaps the answer will be given by Moscow government decree No. 1018 from 1999. Let's quote him: “At every entrance of residential buildings... trash cans should be installed. The trash cans are installed at a distance of 50 m from one another on streets of the first category, markets, train stations and other places where the population is crowded, on other streets, in courtyards, parks, gardens and other areas - at a distance of up to 100 m.”

Apparently, in order to maintain the required distance of 100 meters at the entrances, our utility workers either place trash cans wherever possible or don’t place them at all. But then they violate point number one...

By the way, Marina Denezhkina raised an old sore question: “Are trash cans really needed at every entrance?”

The ballot box can be placed near the playground, the deputy believes. - It is not needed near the entrance. Firstly, we then protect the entrance itself from negative acts that are called terrorist. Secondly, no one goes to the entrance to a residential building to smoke.

The story of ballot boxes and terrorism is really relevant. However, Moscow, it seems, has not yet decided whether it wants cleanliness near every house or not?

If our city is developing along the path of separate waste collection, then a separate trash can at the entrance is clearly not a means of achieving this goal, says urbanist Pyotr Ivanov. - And then it must be removed, because they can throw anything there. Even household garbage, if imperfect garbage chutes allow it. In many homes, the garbage chute does not open wide enough to accommodate a bag of garbage. And it’s easier to actually walk out of the front door and throw your stuff in the trash. It's a matter of the rules of the game. If we play separate collection, we remove the trash cans and create garbage bins for this. It all comes down to city politics.

By the way, the capital is now trying to fight on two fronts: we seem to be for separate collection and the environment, but trash cans are still our everything... Meanwhile, in Moscow, in addition to projects for separate waste collection, transparent containers made of mesh are appearing for collecting empty plastic bottles. In particular, such containers were noticed in the yards on Varshavskoye Highway by residents of the Chertanovo Central district.

WHAT ABOUT THEM?

After a series of terrorist attacks in the 1990s, Paris authorities decided to abandon closed trash cans in favor of transparent bags with fastenings. This type of garbage collection makes it possible to quickly respond to suspicious items, although local residents immediately noticed that bags of garbage disfigure the city streets. However, the practice caught on - from Paris such bags also migrated to Italy and Malta.

After the terrorist attacks in the 2010s, French authorities briefly discussed the possibility of installing special heavy-duty urns that would contain the force of the explosion inside. However, this idea is very expensive and has not yet gained widespread acceptance.

MANDATORY REQUIREMENTS
GETTING IN ORDER THE ENTRANCES OF RESIDENTIAL BUILDINGS
AND IMPROVEMENT OF YARD TERRITORIES

I. Tidying up the entrances

II. Improvement of courtyard areas

1. Condition of coatings.
1.1. The existing surface of the roadway in the courtyard area, sidewalks and blind areas (asphalt concrete, slabs, gravel chips, etc.) must be repaired and free of potholes. Well hatches (grids) must be level with the roadway. The side stone should not be low, chipped, or destroyed.
1.2. The vertical layout of the coatings should ensure the drainage of surface water and prevent flooding of areas.
1.3. The network of pedestrian paths should be organized in such a way as to provide convenient shortest approaches to city infrastructure facilities, as well as to sports, playgrounds, recreation areas, and utility areas. It is mandatory to ensure smooth coupling of surface levels for the unhindered movement of people with limited mobility.
2. Condition of green spaces.
2.1. Green spaces must have a well-groomed decorative appearance, all activities for their maintenance are carried out in accordance with the technological maps for the work.
2.2. Trees and shrubs that are in unsatisfactory condition must be removed in accordance with the existing procedure, stumps must be uprooted. In addition, trees are removed, regardless of their condition, that are planted closer than 5 m from the windows of houses and reduce insolation of residential buildings.
2.3. New plantings are carried out only according to projects; planting in the security zone of utility lines is not allowed.
2.4. Damaged lawns must be restored by reseeding lawn grass in damaged areas, carrying out major or routine repairs. During repairs, the use of non-certified primer is not allowed.
2.5. In recreational areas and recreational areas, it is advisable to install remontant flower beds, vertical flower arrangements, and use perennial flower crops. Seedlings that have lost their decorative appearance must be replaced in a timely manner.
2.6. Existing decorative lawn fencing should be repaired and painted.
3. Condition of elements of facades of buildings and structures.
3.1. Building facades, utility structures, and permanent fences must be in proper condition.
3.2. Structural elements of buildings (pits, entrances to basements and garbage chambers, drainpipes, balconies, etc.) must be repaired.
3.3. House and street signs must be installed in accordance with applicable regulations.
3.4. Flag holders must be installed on buildings whose facades face the streets.
4. Condition of playgrounds, sports and utility areas.
4.1. Children's playgrounds should be equipped with small architectural forms for groups of children and adolescents of different ages. Existing small architectural forms must be put in order, repaired, painted.
4.2. Recreational areas for the older generation should be provided, with benches installed on the platforms and along pedestrian paths.
4.3. If there is a sports ground in the yard, it is necessary to put the fences, covering, and installed equipment in order and ensure that they are maintained in good condition.
4.4. Existing small forms of decorative purposes, elements of landscape design (fountains, trellises, alpine slides, decorative walls, etc.) must be maintained in good condition.
4.5. Business sites for containers for household waste and storage bins for bulky waste must be equipped in accordance with current rules, have a hard surface (asphalt or concrete) and fencing. Containers and bunkers must be in good condition, painted and marked.
4.6. Within the microdistrict, if possible, it is necessary to arrange special areas (places) for walking dogs.
5. Equipment for vehicle storage areas.
5.1. Places for temporary placement of cars (parking pockets) must be equipped.
5.2. The placement of metal awnings must be orderly. Installation of awnings on lawns, children's and sports grounds, roadways of intra-block driveways and courtyard areas, and parking pockets is not allowed.
6. Outdoor lighting.
External lighting of courtyards and entrances must provide standard indicators and function in the dark. External lighting devices must be repaired.
7. Garbage collection bins are installed at each entrance to the entrance of a residential building, on playgrounds and recreation areas, in courtyards at a distance of up to 100 m from one another.
8. Landscaping of the territories of new buildings must be carried out taking into account the requirements of this appendix. Payment for landscaping work on the territories of new buildings should be made only after the implementation of the entire range of improvement measures that was envisaged by the project.