Взыскать долги по ЖКХ в России станет проще

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Нотариусов превращают в «коммунальных судей» Поделиться

Госдума в четверг приняла в первом чтении законопроект, который вводит новый упрощенный порядок взыскания долгов за ЖКХ. Россияне упорно не платят «коммуналку», сетуют депутаты. По самым скромным подсчетам Росстата, за первый квартал 2023-го совокупная задолженность за газ, свет, электричество и воду составила почти 900 млрд рублей. Управдомы идут искать защиту в суды, а те задыхаются от нагрузки. Так что теперь разбираться с коммунальными долгами будут нотариусы.

Взыскать долги по ЖКХ в России станет проще

Как именно это будет, пока не понимает никто. В законодательстве есть механизм исполнительной надписи нотариуса – его и планируется распространить за процедуру взыскания задолженностей за жилищно-коммунальные услуги.

Думцы не скрывают: их главная цель – разгрузить суды. Глава комитета по строительству и ЖКХ Сергей Пахомов (ЕР) подчеркнул: согласно судебной статистике в позапрошлом году российская фемида рассмотрела 25 млн гражданских и административных дел. 10 млн из них – это ЖКХ-долги. И это при том, что спорить-то тут в целом не о чем, уверен парламентарий: услуга получена, оплата начислена.

— Предлагаемый механизм позволяет разгрузить суды от огромного количества дел по взысканию задолженности, — объяснил коллегам по палате Пахомов. — На 1 ноября текущего года сумма просроченной задолженности со стороны граждан составляет около 400 млрд рублей по стране. Ежегодно почти 41% дел, рассматриваемых в судах, это как раз дела о взыскании задолженностей.

В последнее время эта работа осложнилась новыми правилами оборота персональных данных. Управдомы не могут получить весь объем сведений из ЕГРН, а с 1 сентября при отсутствии данных на должника невозможно обратиться в суд за судебным приказом (самый простой на сегодняшний день механизм взыскания долгов).

Теперь же предложен новый механизм – через нотариуса.

— Механизм нотариальной надписи достаточно эффективно работает в Беларуси, в Казахстане. Нотариусы имеют право получения сведений из информационных систем, в том числе из ЕГРН. Кроме того, нотариус до совершения надписи обязан уведомить должника о предстоящем  взыскании, — вкратце расписал новую процедуру господин Пахомов.

То есть предлагаемый механизм – это обходной путь, который позволит коммунальщикам взыскивать долги, не обращая внимания на ужесточения в законодательстве об обороте персональных данных. То есть управляющим компаниям от нового закона станет очевидно легче. А вот гражданам – не факт.

Вопросы к законопроекту возникли у правительства. Авторы поправок решили поначалу не заморачиваться и повторили существующее правило платежного дедлайна из закона «Об исполнительном производстве»: на погашение долгов по исполнительной надписи нотариуса должнику отводится семь дней. Календарных или рабочих – пока непонятно, это не уточняется. Кабмин считает, что этого мало. Времени должнику надо давать больше.

Кроме того, уже у самих думцев возникли вопросы.

— Не повлечет ли законопроект существенного увеличения нагрузки на нотариусов? – поинтересовался Михаил Шеремет (ЕР). Он также усомнился в целесообразности превращения нотариусов в «коммунальных судей». И будет ли такая работа оплачиваться?

ЧИТАТЬ ТАКЖЕ:  Датчане в ярости: правительство решило отнять выходной из-за украинского конфликта

Сергей Пахомов заверил, что дополнительным грузом новый механизм на нотариусов не ляжет. Что касается расходов на нотариусов, то при небольших суммах взыскания они будут сопоставимы с судебной госпошлиной или ниже.

В целом же авторы законопроекта обозначили цель внедрения нового механизма как «платить выгоднее, чем не платить».

Алексей Куринный (КПРФ) тоже озадачился рисками роста нотариальных тарифов. Не лягут ли они новым грузом на плечи должников? Тем более что судебные госпошлины по всей стране одинаковые, а тарифы на услуги нотариусов колеблются от региона к региону.

— Если сумма взыскания до 10 тысяч рублей, при подаче искового заявления пошлина – 4000 рублей. Исполнительная надпись нотариуса – 3500 рублей. Это Москва, — привел цифры Пахомов.

Ольга Алимова (КПРФ) удивилась: если 85% граждан – добросовестные плательщики, которые даже не задают вопросов, за что конкретно им начислены такие суммы в квитанции, — каких именно должников авторы законопроекта не могут найти?

— Что значит каких мы не можем найти? Без персональных данных нельзя пойти в суд. Вот таких должников мы и не можем найти, — еще раз пролил свет на истинные причины внесения поправок Сергей Пахомов.

Глава семейного комитета ГД Нина Останина (КПРФ) выразила уверенность в том, что новый закон не сможет навести порядок в сфере ЖКХ, тогда как людей волнуют совершенно конкретные вещи: регулярный рост тарифов и плохая работа управляющих компаний.

— Вы как-то не беретесь регулировать эту проблему, — пристыдила Останина коллегу. Кроме того, она обратила внимание на важный правовой момент: сейчас не определен документ, который бы юридически доказывал реальный размер задолженности. По сути все цифры отдаются на откуп управляющей компании. И если даже суды не так чтобы очень в этом разбирались, — будет ли разбираться нотариус?

В любом случае выход из нового механизма у должников будет. Если прийти к нотариусу и заявить о своем несогласии с суммой задолженности, автоматически возникнет спор о праве. Нотариусы разрешать их не могут – это исключительная компетенция судов. Кроме того, если частично долг к моменту обращения управдома к нотариусу уже погашен, об этом тоже надо будет сказать. В таком случае нотариус сам пересчитает актуальную задолженность.

Дальнейшая судьба законопроекта пока туманна. У кабмина к нему нашлось два листа претензий. Поддержать инициативу правительство готово только в случае серьезной доработки. Конституционному комитету Совфеда идея не нравится в принципе. Голоса думцев тоже разделились (303 за, 78 против).   

88 КОММЕНТАРИИ

  1. A percentage is a measure of size or amount, expressed as a fraction of 100.

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    The Pacific Crest Trail (PCT) spans approximately 2,600 miles from its southern endpoint near San Diego, California, to its northern endpoint in Maine.

    ## How long does the PCT take?

    A through-hike typically takes between four to five months, depending on the hiker’s pace and experience.

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    Busyness varies; some sections are crowded during peak
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    doses.
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    References:

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  5. Oxandrolone and Nandrolone are pretty much at exact opposite ends of the spectrum.
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    HGH is not legal to make use of for efficiency or bodybuilding purposes or any use
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    They embody all the benefits we will expect from growth hormone optimization, together
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    Also called Winny or Stanozolol, Winstrol stands out
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    Nevertheless, there are some guys who stack them
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    If you might be someone who’s afraid of needles then this stack is not for you.
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    relying on genetic predisposition, lifestyle habits, and total
    health standing. All responsible users advocate for
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    to such potent combinations. So, ultimately, it’s not about choosing sides within the
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    Moreover, it’s essential to pair its use with a well-balanced food regimen and rigorous, constant workout routine to optimize its
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    Anavar is also effective at growing muscle mass and power, and it could allow you to
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    and bodybuilders.
    What is exclusive about this stack is that both Winstrol and Trenbolone come
    with muscle-building and fat-burning properties. This is the dosage that was initially well-liked when Winstrol was launched.
    In Contrast to what bodybuilders of the current time eat,
    it is a very mild cycle. Since it is an oral anabolic, it’s likely to put extreme strain on your liver.

    There are many more unwanted effects that can happen due to this steroid.

    You can find out more about Winstrol advantages and side effects in this
    article. Testosterone can clinically be prescribed to
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    menopause.
    Nonetheless, each steroid has distinctive advantages and drawbacks can affect its
    effectiveness. Anavar ought to be taken for 6-8 weeks, whereas Winstrol must be taken for
    4-6 weeks. Taking either steroid for an extended period
    may cause serious adverse results such as liver damage, hair loss, and pimples.
    You should comply with any utilization directions given rigorously when you plan to take Anavar with
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    Winstrol can be anabolic in nature, meaning
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    Whereas clenbuterol is especially a fat-burning
    agent and has no major impact on muscle mass (in humans anyway).

    Usually, fitness lovers find themselves debating between Anavar and Winstrol,
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    It can be praised for its minimal water retention, leading to a dry and
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    The low dose of testosterone helps protect lean muscle mass and maintains general hormonal stability.

    In phrases of results, a typical Winstrol cycle would look one thing like Zac Efron’s transformation for Baywatch in 2017.
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    Gynectrol has been specifically formulated to naturally soften away undesirable chest fats.

    Precautions ought to be taken, corresponding to adjusting dosages, monitoring progress, and frequently checking in with a physician. Since it is a very harsh cycle, it should not be extended beyond 6 weeks.
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    Though Winstrol and Dianabol could probably be the one two
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    In essence, Anavar’s advantages transcend mere aesthetics, contributing to both bodily performance and health.
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  6. Both merchandise, bought under dietary dietary supplements as long as they’re absent of the banned components stanozolol
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    †These statements haven’t been evaluated by the Meals and Drug Administration. This product just isn’t meant
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    Although not as common as tablets or tablets, liquid Anavar
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    Nonetheless, if you do know concerning the risks to your health and legally and also you wish to
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    It is used by feminine athletes and bodybuilders for its anabolic effects.

    This signifies that delicate athletes that suffer from hypertension or are prone to
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    Accountable buying practices and thorough research are
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    Pro-Anavar is the trade name for the oral anabolic androgenic steroid (AAS) called
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    This product is manufactured by well-known pharma firm targeted
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    This method helps bridge the gap between expectation and
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    All The Time prioritize responsible use, educate
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  8. When using steroids, the body detects increased levels of androgens and stops their natural manufacturing.
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  9. For male athletes, the usual daily dosage of Anavar usually ranges from 20mg to 100mg.
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    If you’re trying to enhance your athletic performance or construct muscle mass, you may have
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    Anavar has since been used by bodybuilders and
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