Where can I complain about bad roads? Procedure for applying via the Internet, sample claim

Today, at the height of technological progress of the 21st century, a significant problem in many Russian cities is the condition of roads. The number of cars is growing every year, which means the budget for road construction and repair due to transport tax is growing. But the condition of the roads does not always correspond to the expected result. We will discuss in more detail below in the article who is responsible for the roads in the city, their condition and control.

Who is responsible for the roads in the city?

For all the road problems and the long absence of reconstruction of the condition of the roadways, everyone unanimously blames the departments of the traffic police, housing and communal services or the administrative and technical inspection. Local authorities are accused of lack of knowledge about who exactly is responsible for problems of this kind.

Important to remember! In accordance with the law, responsibility for the condition and damage of roads lies entirely with officials of specialized road organizations. They, in turn, carry out repair work and reconstruction of certain sections of roads under one-time or long-term contracts.

There is a Federal Law “On Road Funds” (No. 1759 - 1 of 10/18/1991), which states that all vehicle owners are required to pay transport tax. The money collected by local authorities is used for the maintenance, reconstruction or construction of new roads. This provision states that the car owner has both an obligation to pay and the right to carry out motor transport activities on the relevant roads.

In 2007, the Federal Law “On highways and road activities in the Russian Federation” came into force (No. 257 - Federal Law dated November 8, 2007). The law provides for the liability of road services for road traffic accidents due to poor quality or untimely repair of roads. Thus, all road users who have paid transport tax have the full right to receive compensation for damage caused to health, life and property. Failure to comply with technical regulations by those responsible for reconstruction, repair, overhaul or construction leads to problematic situations on the roads.

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Motor transport - rules, norms, regulations

Who is responsible for the roads?

Highways in Russia are distributed among road owners. According to the Law “ On Highways and Road Activities in the Russian Federation”, the owners of highways are executive bodies of state power, local administration (executive and administrative body of the municipality), individuals or legal entities who own highways under property rights in accordance with the legislation of the Russian Federation ;

1. Ownership of highways.

1.1. Federal property includes highways that are included in the list of public highways of federal significance or the list of non-public highways of federal significance, approved respectively by the Government of the Russian Federation, authorized federal executive authorities (law on roads...).

1.2. The list of federal highways was approved by Decree of the Government of the Russian Federation of November 17, 2010 No. 928.

1.3. Public highways of federal significance included in the list are assigned the right of operational management to federal government agencies under the jurisdiction of the Federal Road Agency, with the exception of highways transferred in accordance with the established procedure to the trust management of the State. 1.4. The property of entity of the Russian Federation (region, territory, republic, district) includes highways that are included in the list of public highways of regional or intermunicipal importance or the list of non-public highways of regional or intermunicipal significance, approved by the highest executive body of state power of the constituent entity of the Russian Federation (by decree of the government of the region, territory, republic or district).

1.5. The property of the settlement includes public and non-public roads within the boundaries of settlements, with the exception of federal, regional or intermunicipal highways, and private roads. The list of public roads of local importance is approved by a resolution of the Head of the municipality (settlement).

1.6. The property of the urban district includes public and non-public highways within the boundaries of the urban district, with the exception of federal, regional or intermunicipal highways, and private highways.

The list of public roads of local importance is approved by a resolution of the city district administration.

1.7. The property of a municipal district includes public and non-public highways within the boundaries of the municipal district, with the exception of highways of federal, regional or intermunicipal importance, highways of local significance in settlements, and private highways. The list of roads is approved by a resolution of the head of the municipal district administration.

1.8. The property of individuals or legal entities includes highways built by individuals or legal entities at their own expense on land plots provided to such persons in the manner established by land legislation, or highways transferred into the ownership of such persons in accordance with the legislation of the Russian Federation.

In accordance with the Federal Law “On the general principles of organizing local self-government in the Russian Federation” dated October 6, 2003 N 131-FZ, issues of local importance of a settlement, municipal district and urban district include ownership, use and disposal of property that is in the municipal ownership of a settlement, municipal district and urban district.

2. Carrying out road activities.

Road activities - activities related to the design, construction, reconstruction, overhaul, repair and maintenance of highways.

Highway maintenance is a set of works to maintain the proper technical condition of the highway, assess its technical condition, as well as organize and ensure road safety.

2.1. The implementation of road activities in relation to federal roads is ensured by:

— the federal executive body performing the functions of providing public services and managing state property in the field of road infrastructure ( Federal Road Agency (Rosavtodor), which is under the jurisdiction of the Ministry of Transport of the Russian Federation;

- or if the roads are transferred to the trust management of the State, this company. 2.2. Roads assigned to the Federal Road Agency (Rosavtodor):

— M2 “Crimea”: Moscow — Tula — Orel — Kursk — Belgorod — border with Ukraine;

-M5 "Ural": Moscow - Ryazan - Penza - Samara - Ufa - Chelyabinsk;

-M7 "Volga": Moscow - Vladimir - Nizhny Novgorod - Kazan - Ufa;

-M8 “Kholmogory”: Moscow - Yaroslavl - Vologda - Arkhangelsk;

-M9 “Baltic”: Moscow - Volokolamsk - border with the Republic of Latvia;

— M10 “Russia”: Moscow — Tver — Veliky Novgorod — St. Petersburg;

- P21 (M18) "Cola": St. Petersburg - Petrozavodsk - Murmansk - Pechenga - border with Norway;

- P22 (M6) "Caspian": highway M-4 "Don" - Tambov - Volgograd - Astrakhan;

— other roads in accordance with the Decree of the Government of the Russian Federation of November 17, 2010 No. 928 “On the list of public roads of federal significance.”

2.3. Roads assigned to (hereinafter Avtodor):

-Highway M1 "Belarus" (Minskoye Highway) is a federal highway Moscow - Smolensk - the state border with the Republic of Belarus.

— Highway M-3 “Ukraine” Moscow – Kaluga – Bryansk – state border with Ukraine.

— Highway M-4 “Don” Moscow — Voronezh — Rostov-on-Don — Krasnodar — Novorossiysk.

— M11 – the Moscow-St. Petersburg expressway under construction;

— the central ring road of the Moscow Region (TsKAD) under construction.

2.4. The implementation of road activities in relation to highways of regional or intermunicipal importance is ensured by the authorized executive authorities of the constituent entities of the Russian Federation. Such bodies are departments of road management, departments of highways of regions, territories, republics and districts. The departments exercise the right of operational management in relation to regional roads assigned to them by regional governments.

2.5. local roads (in urban districts, municipal areas) is ensured by authorized local government bodies (departments of transport, roads and improvement; management of improvement; departments of housing and communal services; departments of transport, communications and improvement, etc. .).

2.6. The repair and maintenance of regional highways and local roads is carried out by road divisions (DRSU, DEU, etc.), as well as other specialized organizations attracted in some cases on the basis of competitions (contract bidding).

Road organizations are assigned roads on a linear or territorial basis. The length of road sections maintained by road organizations is established depending on the category of the road, climatic features and types of surfaces, the outline of the road network, etc.

2.7. The repair and maintenance of federal highways is carried out by federal government agencies - highway departments, federal state unitary road operating enterprises, and road organizations of other forms of ownership.

Autotrans-consultant.ru.

Maximum permissible violations of road integrity

Having understood the question of who is responsible for the roads in the city, we will now consider permissible violations of the quality and integrity of roadways in accordance with Russian GOST No. 50597 - 93:

The maximum depth of subsidence, potholes and pits should not exceed 5 cm, the length of the violation should not be more than 15 cm, and the width should not be more than 60 cm. If the road surface does not comply with at least one standard, special services are required to post road signs. If there is damage in the dark or in conditions of insufficient visibility, road services are required to fence off the hole with a barrier, accompanied by warning signals.

In urban conditions, the period for repairing road damage is 5–10 days, depending on the size. Federal roads or highways must be repaired within no more than 5 days.

Roads in SNT are normal

Current legislation, together with the partnership, has the right to receive a land plot for the road into the private ownership of the partnership on a free basis. Review, approval and provision of land plots are formalized in accordance with the law.

Conclusion: Road development is a very important point, especially for SNT residents. Travel that is carried out with difficulty can create a huge number of problems. Any repairs must be carried out on time and in accordance with requirements. In case of any problems, it is necessary to contact the administrative authorities for the possibility of a joint solution.

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Where can a citizen turn if the requirements for road repairs are not met?

If a violation of technical regulations is detected regarding the condition of motor roads, any citizen can file a complaint with the Department for Repair and Maintenance of City Roads of the Department of Housing and Public Utilities and City Improvement.

Below is a list of example situations in which contacting management is possible:

If you want to find out the beginning and timing of repairs and reconstruction of certain sections of roads;
If a threat or emergency situation is detected at the road site;
If it is discovered that the roadway is in poor condition;
If it is discovered that work is being carried out by a road company not in accordance with the normatively established rules (the necessary road signs are missing, the next work is carried out in inappropriate weather conditions, and other situations);

If there are established facts of inadequate quality of work performed on reconstruction, repair or construction of roads;
If a fact of ownerlessness of the roadway is discovered (it is not in anyone’s ownership).

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Who should build roads in SNT

Of course, each case must be considered separately. As a rule, the owner of the road is the municipality at the location of a particular partnership. There are often cases when the road is not owned by SNT and is repaired by ordinary summer residents. They remove snow in winter and clear the area of fallen trees. Regarding the legislative branch, the local budget, as a rule, should include funds for repairs and maintenance of roads that are of local importance. In order to ensure the proper condition of the road, it is necessary to contact local authorities.

In order to get rid of the problem, which involves the constant collection of funds for the improvement of access roads to dachas, you need to contact the head of the municipality. To do this, you need to write a statement focusing on the provisions of the law. If the head's answer is negative, you must contact the governor. If the governor refuses, you should go to court. He, in turn, will be able to exert the necessary influence on administrative bodies and force them to fulfill their own duties.

Authorities monitoring the technical condition of roads

City traffic inspection. The organization monitors compliance with:

Carrying out land, road, repair and construction work in accordance with the regulations;
On-site inspections to control contractors.

The inspection must be contacted in connection with the discovery of questions about the insufficient maintenance of road surfaces and markings, asphalt coverage, courtyard areas and intra-block roadways.

Traffic Police Department of Internal Affairs. The Road Safety Inspectorate monitors the condition of the road and street network. Any motorist has the opportunity to complain to the inspectorate about:

Lack of road signs
The presence of a hole in the road;
Inoperative traffic light condition;
And other violations.

After receiving a complaint, a violation report is drawn up, photographs are taken if necessary, and an order is issued with a certain deadline to eliminate the problem. Next, the traffic police officer monitors execution and in case of failure to meet the deadlines, the organization is held administratively liable with a repeated order and new deadlines. If the result is ineffective, information about non-compliance with one’s duties to comply with the order is sent to the prosecutor’s office.

Any citizen in case of violation of his own rights regarding road maintenance also has the opportunity to contact the prosecutor’s office at his territorial location. The appeal can be individual or collective. A written appeal is considered by the prosecutor's office within 30 days from the date of registration. Next, a mandatory check is carried out, as a result of which it becomes possible to go to court.

Actions in case of an accident due to poor road conditions

Below are detailed instructions for the actions of a citizen who is involved in an accident due to poor road conditions:

Call the traffic police. Do not touch or move the vehicle until the inspection arrives. It is necessary to find witnesses and write down their contact details with their residential address and passport details (witnesses can be passengers, including relatives);

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When drawing up a protocol by the inspector, it is necessary to double-check the presence of holes and their sizes, as well as the absence of fences and necessary signs. If this information is not included in the protocol, it is necessary to request that the necessary information be entered in the presence of witnesses. After filling out all the documentation, you must request a copy of the protocol.
It is necessary to record traffic violations using video and photographs, preferably indicating the date of recording and time.
When drawing up the act, you will need to attach available photo and video evidence.

Important to remember! The legislation of the Russian Federation normalizes the examination of the authenticity of photos and videos. Do not forget to record the testimony and data of witnesses in the act. The act must be signed by the victim and all declared witnesses.

In case of discomfort due to the health of the driver and passengers after the incident, it is necessary to contact the clinic to establish the fact of the current state of health in a documented form.
Traffic police inspectors must provide the victim with information about whose responsibility the road section is (the organization will be the defendant in the event of litigation). If the inspectorate refuses to provide data, it is possible to request it through the local prosecutor's office.
It makes sense to make an official written proposal to the organization responsible for compensating for the harm through a voluntary settlement (indicate time for reflection). The amount of damage in this case is calculated by a specialized appraisal company.
If there is no response to the proposal to voluntarily resolve the problem, it is necessary to write an application to the court attaching all available documents.

Important! Do not forget to record the violation of the road company, because After the traffic police informs the person responsible about the violation, the culprit can try to quickly “patch up” everything.