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Company / Laws

MCD management is not required to respond in writing in accordance with the requirements of the Law on citizens

News - Legal advice 09.04.2019 at 10:41

News - Legal advice

The Supreme Court of the Russian Federation cancels the penalties under article 5.59 of the administrative code (violation of the procedure of consideration of citizens ' appeals, the penalty of 5-10 thousand rubles) heads the criminal code, which did not give a written response to the complaints of citizens in a 30-day period as prescribed by the Federal law of may 2 2006 № 59-FZ "On procedure of consideration of citizens of the Russian Federation"; hereinafter – the Law № 59-FZ (Decree of the RF armed forces 14 Feb 2019 No. 88-AD19-1, the Resolution of the Supreme Council of the Russian Federation from February 15, 2019 No. 48-AD19-2, the Resolution of the Supreme Council of the Russian Federation from February 15, 2019 No. 88-AD19-2). Lower courts agreed with the legality of such a penalty, believing that since the requirements of the Law № 59-FZ apply to legal entities performing publicly important functions, and activities of UK MKD affect the rights and legitimate interests of a significant number of citizens, thus aims at the implementation of publicly significant functions, the official UK obliged to answer to citizens for their appeal in writing, essentially within the month. The armed forces, overriding a court ruling stated: the duty to consider appeals of citizens to those organisations that carry out socio-cultural or other functions of noncommercial character, it is assumed because they had the execution of state or municipal publicly significant functions within the competence created their public legal education. This legal position formulated by the constitutional Court of the Russian Federation (Decision of the constitutional court of the Russian Federation of July 18, 2012 № 19-P); the duty is an element of the constitutional guarantees of individual rights and its relationship with the state; and therefore, it cannot be extended to civil law relations arising between citizens and legal persons; MCD management company is a common legal entity created for profit, and does not apply to organizations publicly significant functions; in this case, the relationship of the owner of premises in MKD and the criminal code are civil in nature, and the requirements of the Law № 59-FZ do not apply to them.