
Elena Markova, Associate Professor at the SPbGASU Department of of Legal Regulation of Urban-Planning Activities and Transport, took part in a working meeting of the Legislative Assembly of St Petersburg chaired by the head of the Legislation Committee Vsevolod Belikov. The discussion focused on amendments to the Criminal Code of the Russian Federation, which provide for the introduction of criminal punishment for falsification of votes at meetings of residents of apartment buildings.
The issue of the need to introduce a norm into the Criminal Code concerning the falsification of decisions of the general meeting of owners of premises in apartment buildings is relevant and multifaceted. Elena Markova reported that several of the most important aspects should be taken into account, such as the protection of the rights of property owners in apartment buildings, increased liability, and a preventive effect.
"Falsification of the results of the general meeting may significantly violate the rights of owners, leading to the adoption of illegal decisions, thereby causing significant harm to the legal rights and interests of citizens, entailing financial losses or deterioration of living conditions. Existing regulations providing for criminal liability for forgery of documents (Article 327 of the Criminal Code of the Russian Federation "Forgery, production or circulation of forged documents, state awards, stamps, seals or forms") and fraud (Article 159 of the Criminal Code of the Russian Federation "Fraud") do not fully cover all issues related to the falsification of decisions of meetings of owners. The proposed norm provides for criminal liability for falsification - distortion of facts, deliberate change and manipulation of results, statistics, aimed at deceiving the consumer. In this regard, the introduction of a norm providing for criminal liability for falsifying the decision of a general meeting of owners of premises in apartment buildings should be recognized as relevant and justified, since every year there is an increase in the number of citizens' appeals regarding the discrepancy between the results of decisions of general meetings of owners of apartment buildings. The presence of a criminal norm can serve as a deterrent for potential offenders, reduce the number of cases of falsification and increase the confidence of owners in the decision-making process," noted Elena Alekseevna.
The federal legislative initiative was supported by deputies, representatives of municipalities, the prosecutor's office, the Ministry of Justice of the Russian Federation, and legal scholars.