Help! Our rights are violated

From inhabitants of the house No. 1, Liteyny Lane,

Bataysk, Rostov Region.
RUSSIA.

Dear sir Trump, HELP!

The chairman of the board of MCD No. 1 Gavrilenko Larisa Anatolyevna addresses to you (The protocol No. 1 of general meeting of owners of MCD No. 1 on Liteyny Lane of 16.06.2015 and the Protocol No. 1 of a meeting of Council of MCD No. 1 for Liteyny Lane of 20.06.2015)
It is very a shame to address to you, with our TROUBLE! But we couldn't solve this problem in the country, despite that there is a number of laws. For example: p.1 management of an apartment house has to provide to Art. 161 of Zh K of the Russian Federation favorable and safe conditions of accommodation of citizens, proper maintenance of the general property in an apartment house, the solution of questions of use of the specified property.
Performance of this law we can't already achieve more than five years.
As arguments, the facts, proofs which are provided by us, are simply ignored by officials.
The problem consists that an apartment house on Liteyny Lane, of 1 of Bataysk within from financing was included in the Regional long-term program "Development of Housing in the Rostov Region for 2012-2015", утв. The resolution of Administration of RO No. 520 of 12.08.2011 and the Governments of RO of 28.12.2011 No. 302 "About the level of joint financing of subsidies to local budgets for joint financing of the account obligations arising when performing powers of local governments concerning local value" which customer was the Ministry of housing and communal services of RO. Design and budget documentation was agreed by Management of housing and communal services of Bataysk, in the person of the chief - Pokusayev V. N.
Financing of works was provided to carry out from the funds from financing allocated from the regional budget, the budget of MO "City of Bataysk", means of owners.

particular – there is a namokaniye of ceilings and walls, formation of a fungus and mold, premises are in constant dampness during the entire period from the moment of signing of acts of the performed works that causes not only damage to premises, but also a state of health of all inhabitants of the house. Residents consider that the performed works are performed not properly (due to decrease in volume of project works, reduction of volume of the actual works), with violation of technical norms, requirements of the Federal law No. 185-FZ, namely, systematically there are roof leakages during rains and thawing of snow in apartments and on staircases; the namokaniye and destruction of a facade, corners of apartments between a ceiling and lateral walls (facade) – systematically become wet.
Works on capital repairs of system of heating, water supply, perhaps, are also executed not according to requirements, the volume and cost of these works is subject to doubt. "The act of acceptance for operation of the finished small caps repair of an apartment house" wasn't carried out". The inadequate, incomplete capital repairs which are carried out by the contractor on the general property of an apartment house No. 1 violated the rights as owner and as consumer of utilities.

Subject of the contract No. 1/2013 of 23.04.2013 included performance of work on capital repairs of object of property of owners of an apartment house on Liteyny Lane, 1 Data of work were paid also at the expense of money of owners.

The owner can demand elimination of any violations of its right, at least these violations and weren't connected to deprivation of possession (the Civil Code of the Russian Federation Article 304. Protection of the rights of the owner against the violations which aren't connected with deprivation of possession).
In February-March, 2017. Owners studied the executive documentation received within the research conducted by OEB and the OMVD personal computer of Russia across Bataysk on No. 10768/5585 material KUSP. In a consequence of comparison of the design and performed works of JSC FORST on capital repairs reduction of amounts of works was revealed, the works provided by the project aren't performed.

When carrying out capital repairs of an apartment house on Liteyny Lane, 1 it isn't performed the construction provided by design and budget documentation for the total amount of-768 378 rubles and it is executed unforeseen by design and budget documentation of works for the sum of 438 818 rub, the volume and cost of the actual works is overestimated. In materials there are no acts of the performed works for the sum – 31 002 rubles to the reference No. 2 (KS-3).
In a consequence of that works on capital repairs are performed volume smaller, than is provided coordinated, approved) as design and budget documentation and the Contract No. 1/2013 of 23.04.2013. The director of JSC BGUK, the director of JSC Blagoustroystvo - A.V. Ishchenko (Bandovkin), Bandovkin S. A. had to check the course of carrying out and quality of construction works, their these duties are stated in Agreements (above). However they transfer money, without having made sure of quality of works.

08.02.2017 owners of an apartment house No. 1 on Liteyny Lane made the decision to carry out judicial construction expertize for establishment of the actual volume and cost of outstanding works of JSC FORST when performing capital repairs and signed the contract to sign the contract on behalf of owners with SChU "the Rostov Center of Judicial Examinations"
During preparation of the expert opinion, the expert checked actually performed works on capital repairs of a roof, verifying them with executive documentation of KS-2, KS-3. Experts revealed excess of cost of types of the works declared in Acts of KS-2 No. 1 of 13.06.2013, No. 3 of 25.06.2013, No. 9 of 15.10.2013 namely: the following works aren't performed in full:

1. fireproof impregnation of wooden designs;

2. the device of roofs from wavy asbestos-cement sheets;

3. repair of wooden elements of designs of a roof, strengthening of rafter feet jointing boards from two parties;

4. the device of coverings from rolled materials;

5. turn of chimneys;

6. change of small coverings from sheet steel in roofs of metal eaves sves.

The conclusion of construction technical expertize established discrepancy of actually performed works, to the works specified in estimates, works on capital repairs of a roof are performed not in full. The cost of actually outstanding works on capital repairs of a roof (LS-2-1-4) by the contractor of JSC FORST makes 287 806,00 rubles (p. 19 of the Conclusion) which are subject to collecting from the person who violated contractual conditions.

Thus, as a result of carried out in the matter of expert researches non-performance established facts in full of a roofing covering by slate and roofing material, metal sves, system of wall water outflow of a congestion of water, and are in use revealed: courses of a roof, zality ceilings of apartments and entrances not only on perimeter, but also on the center of the building, plaster peeling, emergence of a fungus and mold. The reason of the specified defects and consequences are the violations of obligations under the Turnkey contract allowed by JSC FORST on performance of capital repairs, and the result of works doesn't correspond to project documentation, construction requirements of GOST, Construction Norms and Regulations.
Besides by experts it isn't established the actual performance of the contract N 21 of 25.07.2007, there is no act of commissioning is testifies to lack of transfer of results of works to the customer, despite transfer of payment under the contract by the Customer in performance of obligations under the specified contract (between the contractor and the customer).

As the rights of owners were obviously violated, owners filed the statement of claim in October district court of the city of Rostov-on-Don 344038, Russia, Rostov-on-Don, pr-kt. Lenina, 81A. Appealed to court twice and twice under a formal pretext the court refused adoption of the statement of claim.

Then owners addressed in OMVD of Russia across Bataysk. On this fact 27.04.2017 investigator of SO OMVD of Russia across Bataysk Zimovets I.S. criminal case No. 11701600007000284 on signs of the crime provided h was brought. The 3rd Art. 159 of the criminal code of Russian Federation, upon plunder of money from the budget of the Rostov region and city budget of Bataysk by overestimate of amounts of completed work at work on capital repairs of an apartment house to the address: Bataysk, Liteyny Lane 1."
Owners by naivety thought that additional examinations will be appointed, investigators will understand everything and business will be finished.

However, in the letter from prosecutor's office of Bataysk for No. 4zh-2012 of 12.03.2018 applicants are told: "During the investigation of action of the unidentified person are retrained on Art. 159.4. Criminal code of Russian Federation. By results of investigation 07.11.2017 criminal case is stopped on the basis of item 1 p.1 by Art. 24, ch.2 Art. 24 of the Criminal Procedure Code of the Russian Federation because the crime and punishability of act are eliminated with the new criminal law. The specified decision in prosecutor's office of the city is recognized lawful and reasonable".

It was shock! It turns out, what in our country of theft from the budget aren't punishable?!
Didn't believe. Addressed to the Russian President Mr. Putin V. B. Having received the letter from the Russian President Administration Russian President's Directorate for Correspondence from Citizens and Organizations received still bigger shock. Such impression was made that nobody read our address, all facts provided by us were ignored, and the answer to us wrote, having taken paragraphs from those formal replies of officials that we applied to the address.

Now half of apartments of the second floor (https://www.youtube.com/watch? v=siQb3bqqqNY&t=16s, https://www.youtube.com/watch? v=oVH7niGNm-0) and partially apartments of the first floor have consequences a zalitiya after loss of an atmospheric precipitation, dampness, damage of plaster of ceilings and walls, both on roof perimeter, and by the central part. That is result of detection of the numerous latent defects when working on capital repairs of a roof. Systematic stay in such premises leads to deterioration of health of the population, many families have children. This circumstance is confirmed by documents by results of visual survey and fixing of these facts by experts of construction technical expertize, employees of managing organization, owners, supervisory authorities (photographing materials, acts, the conclusion).

But, despite a condition of the house, we are told, what the following capital repairs of a roof will be in 2035?!.
In the same letter recommend: "By article 11 of the Housing code of the Russian Federation it is established that protection of the violated housing rights is carried out by court according to the jurisdiction of affairs established by the civil and procedural legislation. In communication with what the person according to whom, his rights and legitimate interests are violated, has the right to appeal to court behind protection of the violated rights by submission of the statement of claim. The decision made by court after its introduction in validity will be obligatory for execution by all participants of trial."

We don't trust in court any more as addressed twice. And what judgment can be if criminal case is closed and "The specified decision in prosecutor's office of the city is recognized lawful and reasonable".

More than five years we tried to achieve legality, the truth, justice.

It didn't turn out. And winter already close. We don't know how we will winter with visibility of a roof.

In this house there don't live people even with middle-income. And how to live to the lonely pensioner in such conditions (https://www.youtube.com/watch? v=oVH7niGNm-0, https://www.youtube.com/watch? v=siQb3bqqqNY&t=27s)?

WINTER ALREADY CLOSE!

Dear sir Trump, HELP!

Yours faithfully: inhabitants of the house No. 1, Liteyny Lane, Bataysk, Rostov Region Russia.