The capital repairs of common property in apartment buildings in the Saratov region (hereinafter referred to as the foundation) most payers in the composition of payment receipts for paying for overhaul in February 2021 were exhibited pre-trial claims in connection with the failure of the obligation to pay for capital repairs for recovery Debt formed in court on the basis of Article 15 of the Civil Code of the Russian Federation.
I consider the Foundation's actions illegal on the following grounds.
The fund is a specialized non-profit organization funded from the budget of the Saratov region (paragraph 1.15 of the Charter). One of the functions of the Fund in accordance with paragraph 2.3 of the Charter is to accumulate contributions to overhaul in the form of payments coming in voluntary order and debts recovered in court.
The accumulation function of capital repairs in the order of their recovery in the form of debts was transferred to the Foundation for a third-party organization - LLC "Comprehensive Business Solutions" (INN 6450944120). Legal bases of such a transfer in accordance with paragraph 2.3 were absent. Consequently, the conclusion of the contract and the payment of the services of a third-party organization is illegal. Since the general director of the Foundation Prokhorova V.S. A total of 126.95 million rubles paid by a third-party organization, including for 2018 - 63.9 million rubles, 2019 - 36.0 million rubles, 2020 - 25.3 million rubles, 2021-1.75 million rubles.
The foundation is funded at the expense of the budget of the Saratov region (clause 1.15 of the Charter) according to the approved estimates (p.p. 10 of paragraph 5.6 of the Charter). Since the general director of the Foundation Prokhorova V.S. In the approved estimate, the costs of implementing the adoption of measures to recover the debt to pay for capital repairs on the line "Other works, services", at the expense of which the service of a third-party organization was paid. In this connection, the payment of the work of a third-party organization cannot be losses, because on the implementation of the Fund's function in the estimate, all costs were taken into account, including the recovery of debts. The costs provided for by the estimation of the current activities of the Fund (payment of the Foundation staff, administrative, economic and other expenses necessary to ensure the activities of the Fund) cannot be losses, and, it means, cannot be charged with payers in the form of damages for compensation. According to the Genndirerer Foundation Prokhorova V.S. A total of 126.964 million rubles were losses of pre-trial claims.
Thus, the Fund illegally attracted a third-party organization to fulfill its function to accumulate capital repairs in the form of debts, recovered in court, and in connection with this illegally set pre-trial claims to pay off the payment of the payment to a third-party person.
Illegal actions expressed in presentation by payers of unreasonable pre-trial claims may fall under Article 159 of the Criminal Code of the Russian Federation attempt on fraud. A distinctive feature of fraud is the non-use of physical strength or threats to harm the health and life of the victim. All the actions of the attackers are based on the psychological impact and the conviction of the injured party to make actions necessary by the fraudster.
Deputy Chairman of the Public Chamber of the Saratov Region Natalya Karaman