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Dj. Zanni vs Zhilkomservis No.3 Housing Company

last modified Sep 28, 2012 02:51 PM

Case number:
2-3141/11
Country:
Russia
Date of decision:
1 August 2011
Court / Arbiter:
Smolninsky District Court of St. Petersburg ( First instance )

Relevant law :
Federal Law on information, Informational Technologies and Protection of Information;
Government Decree of 23 September 2010 No. 731on the Approval of Disclosure Standards for Organizations Performing Management of Apartment Buildings (referred to as the Disclosure Standards).
Housing Code of Russian Federation ( Other Law )

Decision:

Housing companies have to disclose budgetary and other information concerning their activities. Information can only be withheld if it falls under and an exemption stipulated by law.


Keywords:
Budget information
Constitution
Mute refusal (including tacit refusal, failure to respond)
Private entities (including entities that perform public functions or receive public funds, entities that manage privatized assets, state owned enterprises)
Regulations

Case details:

Facts

The applicant, Ms. Djulia Zanni, being dissatisfied with the service provided by the Zhilkomservis No. 3 housing company, a private entity, in the apartment house where she lives, asked the company to provide a full report on its activities in her house from 2007-2010, including a list of works performed and services provided, their costs and provision dates, as well as information on the spending and budget of the company, made up partly from government support and partly from contributions of citizens. The company did not reply to the request and Zanni appealed the mute refusal to court.

Decision

The Court fully satisfied the claim and ordered the housing company to provide reports about its activity. It held that according to Article 29 of the Constitution, everyone is free to seek and receive information. Article 161 of the Housing Code also stipulates that housing companies must provide free access to budgetary and other information concerning their activities.

Note: There is high interest in detailed budget information of the housing companies due to suspicion of corruption. This is one of the very first cases where a resident requested and a housing company was obliged to provide information in accordance with the Disclosure Standards.

Resources:

Judgment of the Court.