Forgery of minutes of meetings of owners is a criminal offense. Falsification of minutes of the general meeting of premises owners in an apartment building: issues of law enforcement practice. General information about falsification of the minutes of a general meeting with

Changes to the Housing Code both simplify and complicate the lives of homeowners in apartment buildings

It is difficult even for lawyers to keep track of all the changes in housing legislation in Russia. It has already been calculated that in the last two years alone, almost 400 regulatory documents related to the housing and communal services sector.

Nevertheless, on June 29, the President of Russia signed Law No. 176-FZ “On Amendments to the Housing Code of the Russian Federation and certain legislative acts RF".

There are many innovations, it’s impossible to tell about them all in one publication. Hence the request to all chairmen and members of the Councils of apartment buildings, active owners: read the law so that the changes contained in it do not play a cruel joke on you when resolving issues of management, maintenance and repair of common property.

In particular, the new law changes the rules for organizing and conducting general meeting owners of premises in apartment building. The requirement to hold an in-person meeting before conducting absentee voting has been eliminated. The meeting of owners now has the right to make a decision “on granting the council of an apartment building the authority to make decisions on the ongoing repairs of common property.” Of course, this will increase the efficiency of making such decisions, because there will be no need to convene a general meeting on every repair issue.

In the new edition of the LCD, a new form of holding meetings has appeared - in person and in absentia. Now there is no need to notify the owners twice about the meeting: first in person, and then in absentia. But all decisions must be made in writing - even those owners who voted at the meeting in person.

Finally, managing organizations were given the right to initiate a general meeting. Now the housing code states: “A general meeting of owners of premises in an apartment building can be convened at the initiative of the management organization managing this apartment building under a management agreement. At the same time, the agenda of such a meeting may include issues referred by this Code to the competence of the general meeting of owners of premises in an apartment building.”

There are different opinions on this matter, but, you see, very often it is the management organization that realizes the need to urgently get together. And now she does not need to look for an owner who would initiate the meeting. Note that the entire financial burden in this case is borne by the management company - it organizes meetings at its own expense and is responsible for the content of the minutes of the meeting.

The management company is also obliged to hold a meeting if the owners, who have at least 10 percent of the total number of votes in the house, contact it with this issue. The period for holding the meeting in this case is 45 days. But there is a nuance: the owners must decide to finance the costs of the management organization associated with holding such a meeting.

There has been talk for a long time that the work of the chairman and members of the Council of an apartment building should be paid; they bear too much of a burden. However, only now can this issue be considered resolved by law. Now the Housing Code says: “The general meeting of owners of premises in an apartment building has the right to decide on the payment of remuneration to members of the council of the apartment building, including the chairman of the council of the apartment building. Such a decision must contain the conditions and procedure for payment of the specified remuneration, as well as the procedure for determining its amount.”

Another innovation - decisions and minutes of the general meeting of premises owners are now official documents “as documents certifying facts entailing legal consequences in the form of imposing obligations on the owners of premises in an apartment building in relation to the common property in this building, changing the scope of rights and obligations or releasing these owners from obligations, and are subject to placement in the system by the person who initiated the general meeting.” This means that now there is a penalty for falsifying protocols. criminal liability. And from September 1, 2015, copies of protocols and decisions of the Criminal Code, the board of an HOA or a housing cooperative will be required to be sent to the state housing supervision authority, where they will be stored for three years.

As you can see, the changes to the Housing Code are very serious. By the way, they relate not only to holding meetings, but also to many other issues. And, of course, they deserve that the residents of the houses get acquainted with them in the near future. If you have any questions, you can contact our management organization “ISS Petrozavodsk” for clarification. Receptions of the population are held every Wednesday from 15 to 17 hours at the address: st. Marshala Meretskova, 16.

Federal Law No. 176-FZ dated June 29, 2015 introduced amendments to the Housing Code of the Russian Federation, including establishing additional requirements for formalizing the decision of the general meeting of owners in an apartment building.

Document protection

From June 30, 2015, it is mandatory to draw up the appropriate protocol in the form established by Order of the Ministry of Construction of Russia dated July 31, 2014 No. 411/pr “On approval of the approximate terms of the management agreement for an apartment building and methodological recommendations on the procedure for organizing and holding general meetings of owners of premises in apartment buildings,” with the obligatory indication of the owner’s data, information about the document confirming ownership rights, and its details. In the minutes of a meeting held in full-time, there must be signatures of each owner. If the meeting is held in person, then a register of owners signed by them personally is attached to the minutes.

It has been established that decisions and minutes of the general meeting of owners of premises in an apartment building are official documents, since they certify facts entailing legal consequences in the form of imposing obligations on the owners of premises in an apartment building in relation to common property, changing the scope of rights and obligations or releasing these owners from responsibilities.

Thus, for falsifying the minutes of a general meeting of owners of premises in an apartment building or for using a fake protocol, criminal liability arises under Art. 327 Criminal Code Russian Federation. Forgery of an official document is punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to 2 years, or arrest for a term of up to 6 months, or imprisonment for a term of up to 2 years; for using a knowingly forged document - a fine of up to 80,000 rubles or wages or other income of the convicted person for a period of up to 6 months, or compulsory work for a period of up to 480 hours, or correctional labor for a period of up to 2 years, or arrest for a period of up to 6 months.

Archive of materials

Moscow. VAO.RF - It’s not difficult and will help Muscovites save a lot of money.

"Management agreement
In the section " Control" — "General meetings

Home management"look at the point Apartment building council

Law enforcement agencies urge residents to help identify fake minutes of general meetings of owners of premises in apartment buildings residential buildings Moscow.

Whose jurisdiction is it to "initiate a criminal investigation into the falsification of the OSS protocol"?

Tags: owner, meeting, decision, protocol, housing, voting, State Property Committee

Comments (2)

The minutes of the general meeting of owners of an apartment building is an official document, due to the fact that this is determined by part 1 of Article 46 of the Housing Code of the Russian Federation. Its forgery is a criminal offense.

Decisions and minutes of the general meeting of owners of premises in an apartment building are official documents as documents certifying facts that entail legal consequences in the form of imposing obligations on the owners of premises in an apartment building in relation to the common property in a given building, changing the scope of rights and obligations.

How to help identify fake minutes of a general meeting in your home.

1. Request all the Minutes of general meetings for your home from 2006 to 2015 from the State Property Management Committee of your district.
Also request all these protocols from your Management Company.
A sample request can be downloaded here.
If, having received the requested protocols, you see those for which meetings were not actually held, write a statement to the police and prosecutor’s office, and inform your neighbors about it.

2. On the Internet on the website "Housing and Communal Services Reform" find your home and in the section "Management" - " Managing organization" in paragraph 3. A document confirming the chosen management method, look carefully at the date and number of the OSS document, and check whether this meeting actually took place, whether you took part in it or not. If there was no meeting, this is a fake meeting minutes.
Also in this section below should be attached "Management agreement" of your home. Carefully check the date (year) of the management agreement; if it does not correspond, the scammers probably entered into a fake agreement for you in the specified year. Read the document itself, if you or one of your neighbors previously signed an agreement in writing, then check to see if there are any differences.
In the section " Control" — "General meetings"look at the Minutes of general meetings of your house and if these meetings did not take place in reality, immediately report this to the Police, the Prosecutor's Office and the Moscow Housing Inspectorate.

3. On the website of the House of Moscow, find your home, and on the page that opens " Home management"look at the point Apartment building council what general meeting and when was your House Council elected, who is the Chairman, and remember whether you took part in this meeting or not. Fraudsters massively created fake protocols from 2012. If the protocol on the election of the Council of the house is dated 2012 and you do not remember this meeting, then you can be 99% sure that such a meeting of owners did not take place and the protocol was falsified. You need to file a statement with the Police and the Prosecutor's Office, notifying your neighbors.

These falsifications of protocols are a criminal offense. Unscrupulous management companies or individual employees of the State Property Management Committee falsified minutes of meetings, violated the procedure for holding meetings, as a result of which the owners could suffer huge losses and even lose all the money collected for major home repairs.

Law enforcement agencies are calling on residents to help identify fake minutes of general meetings of premises owners in Moscow apartment buildings.

It is very difficult to hold a meeting; it is preceded by mass notification of the owners, someone is certainly absent, or votes against it. A quorum of participants must be obtained for the meeting to be legitimate, and notification must also occur in an authorized manner.

The meeting can vote on issues of carrying out major repairs and entering the house into renovation. Thus, the fake House Council receives unlimited rights. Many initiative groups are now suing to remove their house from the renovation program, and are proving that the general meeting of owners was illegitimate.

Taking advantage of the fact that many Muscovites do not understand that they are the owners of all common property and local area, they are secretly falsifying non-existent protocols of the failed elections of the House Council. Then the fruits of such meetings are actively used by those who make money from the change non-residential premises houses for rent. Power over the house also generates profits from advertising on bulletin boards on each house.

Two municipal deputies, Tatyana Logatskaya and Anastasia Kaygorodova, supported the residents’ struggle for their rights. Not being silent observers and expressing your disagreement with fake protocols and non-existent meetings is the main goal of going to the prosecutor’s office on August 27. Residents hope that once again they will not receive an unsubscribe, and will not forward their complaints to the Moscow Housing Inspectorate (Zhilischnik’s best friends). Muscovites believe that the competent authorities will finally begin an investigation, protecting the interests of an indefinite number of people whose rights have been violated. All actions of falsifiers must receive legal assessment, and those guilty of forging signatures on an official document will be punished.

Minutes of general meetings of owners appeared on the portal http://dom.mos.ru, where residents voted unanimously for the decisions of the OSS. In some houses the percentage is strangely similar and is 71.3%.

A minor girl of 16 years old turned out to be one of the secretaries of the meeting at Novikov-Priboy Street, building 4, building 2. On Novikov-Priboy Street, two dead men signed for the election of the chairman of the House Council. An elderly woman who did not leave her house suddenly turned out to be the chairman of the house council and secretary.

In the houses in Khoroshevo-Mnevniki, the neighbor of deputy Tatyana Logatskaya, a diplomat by profession, who did not live in the house, but was registered there, was allegedly a participant in the meeting of owners, and an old woman of advanced years, who did not leave the house at all, turned out to be the secretary. A certain Ageev, who is the chairman of the Council with the light hand of Zhilischnik, does not live in her house, as Tatyana Logatskaya claims. Presumably, some Zhilischnik employees sit in the silence of their offices and en masse draw protocols, for which everyone, as if by magic, unanimously votes.

The Administration and the Prefecture of the North-Western Administrative District of Zhilischnik Khoroshevo-Mnevniki is directly subordinated, so it is necessary to hold accountable not only the writers of fiction from Zhilishchnik, but also those who are responsible for their art - the head of the Administration Sergei Panfilov and the Prefect Alexei Pashkov.

“My signature was forged - I was not at the meeting and did not sign the minutes,” says a resident of Novikov-Priboy Street.

“House at Novikov-Priboy, 12/3, unknown for which we voted unanimously 100%”

“In my house, my signature and my neighbor’s signature were forged, and she is not the owner and did not have the right to vote or be a secretary”

“Zhivopisnaya 13/2 - they appointed a person who doesn’t live there at all as chairman, they even made a mistake in the last name in the protocol, “Zirnov Dmitry Yuryevich” - they indicated the first and patronymic incorrectly.”

“Novikov-Priboya house 5 building 1, my mother, 84 years old, was elected chairman of the house council and chairman of the meeting. She rarely even leaves the house, it’s purely physically difficult for her and she cannot be the chairman. And Ilya Petrovich Gusev, who died ten days before the meeting, was made secretary of the meeting. My mother didn’t sign anything, and there was no meeting in the house this year,” residents of Khoroshevo-Mnevniki told their stories on air to Rupor Moscow.

“Novikov-Priboya house 7, building 2, Alexandra Petrovna Sannikova, who died two years ago, was elected chairman of the general meeting and chairman of the house council,” said deputy Anastasia Kaygorodova.

Muscovites found these protocols on the Moscow City Hall website.

Residents of the 82nd block, houses located on General Karbyshev Boulevard, also, as it turned out, went to the police to file reports of fraud.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

In Novokuznetsk, the prosecutor's office identified a falsification of the decision of the owners of an apartment building.

By order of the prosecutor of the Central District of Novokuznetsk, issued in accordance with clause 2, part 2, article 37 of the Criminal Procedure Code of the Russian Federation, a criminal case was initiated.

In March 2017, the district prosecutor's office, as a result of an inspection at the request of the owner of premises in apartment building No. 38 on the street. Khitarova in Novokuznetsk (hereinafter referred to as the House) was installed fact of falsification of an official document and use of a deliberately forged document.

Yes, according to the information and documents Non-profit organization"Fund overhaul apartment buildings of the Kemerovo region" (hereinafter referred to as the Fund, regional operator), it was established that the proposal of the regional operator to carry out major repairs of the common property of the House (facade) was sent to the owners of the premises of the House in February 2016, handed over to a member of the Council of the House.

According to the decision of the general meeting of owners of the premises of the House, registered minutes of the extraordinary general meeting by absentee voting, during the period from February to March 2016 in the House general meeting held on 7 issues on the agenda, including determining the list of works for major repairs of the common property of the House. The annex to the protocol indicates registration register participants of the general meeting who took part in the meeting.

Major renovation of the House (facade) was carried out contractor V deadline; the repairs have been documented.

At the same time, from the explanations to the district prosecutor of the owners of the premises of the House, it follows that they did not take part in the general meeting in the period from February to March 2016, in the voting register, which is an appendix to the protocol, signatures on their behalf carried out by an unidentified person.

Based on the above explanations and other documents, it was established that during the period from February to March 2016, an unidentified person produced a deliberately forged official document - a decision of the general meeting of owners of the premises of the House, documented in minutes for the purpose of its further use, and the specified obviously forged document was used during the period from March to September 2016

Within the meaning of Article 46 of the Housing Code of the Russian Federation, decisions and minutes of the general meeting of owners of premises in an apartment building are official documents. The decision of the general meeting of owners of the premises of the House, documented in minutes, is an official document, since certifies a fact entailing legal consequences for owners of premises in an apartment building: carrying out major repairs of the common property of the House (facade).

Since sufficient data has been received indicating the commission of crimes provided for in parts one and three of Article 327 of the Criminal Code of the Russian Federation (forgery, production or sale of counterfeit documents, state awards, stamps, seals, forms), the district prosecutor in the manner prescribed by paragraph 2. 2, Article 37 of the Code of Criminal Procedure of the Russian Federation, the inspection materials were sent in April 2017 to the inquiry body to resolve the issue of criminal prosecution.

In May 2017, the investigation body of the police department "Central" of the Ministry of Internal Affairs of Russia for the city of Novokuznetsk opened a criminal case on the grounds of a crime under Part 1 of Article 327 of the Criminal Code of the Russian Federation, which belongs to the category of crimes of minor gravity and provides for punishment in the form of imprisonment for up to 2 years.

Currently, a preliminary investigation is being carried out in the criminal case.

Press service of the prosecutor's office of the Central district of Novokuznetsk

The video was provided to the prosecutor's office by residents; it was made a week after all repair work was completed. It shows how the roof runs in a house with renovated facades instead of a roof.

Hello, Ivan.

Either you or the police are confusing something, Article 326 of the Criminal Code is about something else.

Criminal Code

Article 326. Forgery or destruction of vehicle identification number

You may be charged with forgery of documents, this is Article 327 of the Criminal Code of the Russian Federation

Criminal Code

Article 327. Forgery, production or sale of counterfeit documents, state awards, stamps, seals, forms

1. Forgery of a certificate or other official document granting rights or exempting from obligations for the purpose of its use, or the sale of such a document, as well as the production for the same purposes or sale of counterfeit state awards of the Russian Federation, the RSFSR, the USSR, stamps, seals, forms -

shall be punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years.

Judicial practice on falsifying the minutes of a general meeting is ambiguous.

The bodies of inquiry have not established the subject of the crime, namely, whether the protocol of the general meeting of owners of residential and non-residential premises of an apartment building is an official document, there is no objective side of the crime, that is, it has not been established whether the protocol of the general meeting of owners of residential and non-residential premises of an apartment building is from 00.00.0000. counterfeit. There is also no subjective side, which is expressed in direct intent; it has not been established what rights it grants and from what obligations T.I. releases Kozlova. and Asylbaev G.V. minutes of the general meeting of owners of residential and non-residential premises of an apartment building dated 00.00.0000. The persons who signed this minutes of the general meeting dated 00.00.0000 have not been identified.

Further, Antonova A.A., without stopping there, acting deliberately, out of personal interest, in order to liquidate the HOA... illegally producing a deliberately forged, which is an official document, minutes of the general meeting of the HOA... certifying the facts, entailing legal consequences in the form of assignment on the owners of premises in an apartment building of responsibilities in relation to the common property in this building, changing the scope of rights and obligations or releasing these owners from obligations, and are subject to placement in the system by the person who initiated the general meeting in order to make a decision on amending information about the legal entity face of the HOA...contained in the One state register legal entities, on June 22, 2016, at about 1 p.m., while in the building... of the tax service in the city of Naberezhnye Chelny... illegally presented to a tax service employee a deliberately forged protocol of the general meeting of the HOA... thereby using it for the purpose of further liquidation of the specified legal entity.

There is no corpus delicti in your actions; you had no intent to commit a crime.

Sincerely! G.A. Kuraev