Искусственное разделение единого административного правонарушения лицензионных требований в сфере управления многоквартирными домами

Abstract

The paper deals with the problem of qualification and artificial division of a single administrative offense related to the presence of a debt to the public utilities suppliers by a managing company amounting double average monthly accrual when implementing the entrepreneurial activities on the management of apartment buildings with a gross violation of license requirements. The paper reveals the elements of administrative offense provided by part 3 of Art. 14.1.3 of the Code of the Russian Federation on Administrative Offenses. The author pays the particular attention to the analysis of small, but critically important judicial practice. Often the positions of regional courts contradict the positions of the RF Supreme Court and the general principles of administrative law. A problem of artificial division of a single offense into several independent ones was identified, since the disposition of part 3 of Art. 14.1.3 of the Code of the Russian Federation on Administrative Offenses is formulated inaccurately. Failure to fulfill the obligation for timely mutual settlements with a resource supplying organization may be erroneously qualified as several offenses, depending on the number of suppliers to whom the debt arose, and depending on the period of occurrence of such debt. Such an approach to law enforcement is found among the prosecution and housing supervision authorities. This problem leads to the repeated application of administrative punishment, when a single offense is qualified as several. The study identified general regularities in the approaches of superior courts, starting from the cassation level. These regularities allow determining the more precise conditions for qualifying gross violations of license requirements in the sphere of housing and utilities infrastructure in accordance with part 3 of Article 14.1.3 of the Code of the Russian Federation on Administrative Offenses.