Refusal of garbage collection in the private sector. Do I need to pay for garbage removal in a private home?
Must pay in any case by virtue of Art. 209 of the Civil Code of the Russian Federation. Even regardless of the fact of residence and the absence of a written agreement for garbage removal;
Owners of residential buildings bear the costs of their maintenance and repairs, and also pay public utilities in accordance with agreements concluded, including in electronic form using the system, with persons carrying out relevant types activities (Part 3 of Article 154 of the RF Housing Code).
The right of citizens to a favorable environment is enshrined in Art. 42 of the Constitution of the Russian Federation and Art. 11 Federal Law 7-FZ "On the Protection environment".
By virtue of the provisions of Part 1 of Art. 51 Federal Law No. 7-FZ "On Environmental Protection", Part 2, Art. 21, part 1 art. 22 of Federal Law No. 52-FZ “On the Sanitary and Epidemiological Welfare of the Population”, production and consumption waste is subject to collection, use, neutralization, transportation, storage and burial, the conditions and methods of which must be safe for the environment and regulated by the legislation of the Russian Federation. Maintenance of urban and rural settlements, industrial sites must comply with sanitary rules.
In accordance with clause 18, part 1, art. 14, pp. 14 hours 1 tbsp. 15 of the Federal Law "On general principles organizations local government V Russian Federation"organization of collection and removal of household waste and garbage, as well as organization of recycling and recycling of household and industrial waste, refers to questions local significance settlements.
Similar provisions are contained in Part 1 of Art. 8 of Federal Law No. 89-FZ “On Production and Consumption Waste”.
The provisions of clause 2.2 of SanPiN 42-128-4690-88 "sanitary rules for maintaining the territory populated areas"the procedure and terms for the removal of solid household waste are regulated, according to which the terms for the removal of solid household waste are carried out within 1 - 3 days (depending on the time of year), after which the waste must be removed to specially designated landfills. These norms are subject to strict implementation by specialized organizations.
By virtue of Art. 10 of Federal Law N 52-FZ "On the sanitary and epidemiological welfare of the population" citizens are obliged to comply with the requirements of sanitary legislation, not to carry out actions that entail a violation of the rights of other citizens to protect health and favorable environment a habitat.
According to Art. 13 of the Federal Law No. 89-FZ "On Production and Consumption Waste" of the territory municipalities are subject to regular waste removal in accordance with environmental, sanitary and other requirements. The organization of activities in the field of waste management in the territories of municipalities is carried out by local government bodies in accordance with the legislation of the Russian Federation.
Solid and liquid household waste is waste generated as a result of the life activities of the population (cooking, packaging of goods, cleaning and maintenance of residential premises, large household items, etc.) (clause 2 of the Rules for the provision of services for the removal of solid and liquid household waste , approved by Decree of the Government of the Russian Federation N 155).
To legal relations related to the provision of such services to individuals as the collection and removal of solid household and liquid waste The rules of the Civil Code of the Russian Federation on public contracts are applicable.
According to Art. 426 of the Civil Code of the Russian Federation, a public contract is an agreement concluded commercial organization and establishing its responsibilities for the sale of goods, performance of work or provision of services, which such an organization, by the nature of its activities, must carry out in relation to everyone who applies to it ( retail, transportation by transport common use, communication services, energy supply, medical, hotel services, etc.).
In accordance with Art. 426 of the Civil Code of the Russian Federation, in cases provided for by law, the Government, as well as federal executive bodies authorized by the Government, may issue rules binding on the parties when concluding and executing public contracts ( standard contracts, provisions, etc.).
In accordance with Art. 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to enter into an agreement. Compulsion to enter into an agreement is not permitted, except in cases where the obligation to enter into an agreement is provided for by this Code, the law or a voluntarily accepted obligation.
According to clause 7 of the Rules for the provision of services for the removal of solid and liquid household waste, approved by Decree of the Government of the Russian Federation N 155, an order for services for the removal of household waste is formalized in writing by drawing up a document (agreement, receipt, coupon, etc.), in which must contain information about the name of the performer’s organization, its location ( legal address), for an individual entrepreneur - last name, first name, patronymic, information about state registration and the name of the body that registered it, as well as the surname, name, patronymic of the consumer, the address at which the services should be provided, the name of the services provided, the terms of their provision, price, payment procedure and other conditions.
Thus, from the content of clause 7 of the Rules for the provision of services for the removal of solid and liquid household waste, it follows that the document indicating the conclusion of such an agreement can be a receipt, a coupon, or another document.
“When I signed an agreement with KZHUP Unikom on garbage removal, a container was installed near our house. It was removed early last year. They force you to put garbage in a bucket on the street. I stopped paying for the removal of waste that was never removed. Can I refuse this service? Antonina Voiteshonok, Zhlobin district.”
Sergey Atrashkov, deputy chairman of the Zhlobin district executive committee:
− According to paragraph two of part two of Article 18 of the Law of July 16, 2008 No. 405-Z “On the protection of the rights of consumers of housing and communal services,” the consumer is obliged to enter into an agreement for the provision of basic housing and communal services.
In accordance with paragraph 5 of Article 29 of the Housing Code, the refusal of the owner of a residential building to conclude an agreement for the provision of basic utility services does not relieve him of the obligation to pay for it.
According to the list of basic housing and communal services, approved by Resolution of the Council of Ministers of January 27, 2009 No. 99 “On measures to implement the Law of the Republic of Belarus “On the Protection of the Rights of Consumers of Housing and Communal Services”, the service for handling solid municipal waste is the main housing and communal services a service that is provided without fail. In accordance with the requirements of current legislation, the homeowner is required to enter into an agreement for waste removal. In this connection, you should contact the organization KZHUP “Unicom” to conclude an agreement. In accordance with paragraph 52 of the Regulations on the procedure for settlements and payment of fees for housing and communal services and fees for the use of residential premises, approved by the Resolution Council of Ministers dated June 12, 2014 No. 57, fees for the management of municipal solid waste are calculated at subsidized tariffs for the population based on the standard for the generation of solid municipal waste established by local executive and administrative bodies, and the number of people registered at the place of residence or the residence test.
According to the Korotkovichi Village Executive Committee, two people are registered at your address. Taking this into account, charges are made for the services provided for the management of municipal solid waste. The amount charged per person for the service of municipal solid waste management per month as of April 10, 2018 is Bn1.30. The debt for utility services provided in the amount of Bn 56.85, penalty Bn 54.72 arose during the period from September 2016 to April 2018.
If you have questions about charging for utility services, a citizen can contact the billing department of KDZEUP “Zhilkomservice-two”.
Thus, the current legislation does not distinguish between categories of citizens (students, workers, pensioners and others) and does not indicate any grounds (volume of waste generation, no waste, etc.) that allow not concluding an agreement for the provision of waste management services and not paying for the services provided. actually a service.
According to the municipal waste management scheme for Zhlobin and the Zhlobin region, a door-to-door detour is provided for collecting waste from the containers of homeowners. Waste collection on your street is carried out from homeowners' containers according to a schedule - weekly on Sundays. The waste collection vehicle constantly passes along the route, collecting everything. municipal waste, exhibited by street residents. Thus, the enterprise KZHUP "Unikom", regardless of the amount of waste exposed, bears the costs of waste collection. Bulky waste (sofas, mattresses, Appliances) are exported upon prior request, which can be given by calling 115 or contacting the village council.
Article 15.63 of the Code of Administrative Offenses provides for administrative liability for violation of legislation on waste management in the form of a fine from 5 to 50 basic units. Therefore, all people are obliged to comply with waste management legislation.
Based on the above, there are no grounds in the law for not charging you for waste removal services.
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