How to get the authorities to repair roads in the private sector?

The quality of rural roads in many regions leaves much to be desired. The problem arises both from non-compliance with road construction technology and from the fact that those responsible for roads simply ignore their responsibilities.

Despite the fact that for shortcomings in the maintenance of the road lane a fine of 300,000 rubles is imposed (under Article 12.34 of the Code of Administrative Offenses of the Russian Federation), the resolution of the issue does not budge. A bad road to a village not only deteriorates the safety of travel along it, but also reduces the attractiveness of life in rural areas.

It is necessary that you can easily get from the village to the city to solve any of your business, and you often won’t run into potholes. But in order to get a fine for irresponsible owners, you need to know who is responsible for the roads to the village.

Who should repair

According to Federal Law No. 131 of October 6, 2003, which determines the organization of local self-government of the state, all issues related to local roads fall within the competence of such bodies.

The local administration must monitor the condition of highways in the village, carry out repairs of rural roads, thereby ensuring road safety.

A road with potholes, potholes, and lack of road signs is a direct threat to drivers, passengers, and pedestrians. The administration that manages the life of the village must know all its responsible powers, including in the road sector.

ATTENTION! In Federal Law 131, Articles 1 and 6 are devoted to the powers of local administrations in the road sector.

It is also necessary to take into account other legislative acts that define responsibilities and rights in relation to road management and road operation.

Who is responsible for the condition of the roads?

Any road belongs to someone, and the owner is responsible for its condition. In the city, this is municipal property, so the city authorities are responsible for repairs. The road near the shopping center is most likely under the control of its owner, so the administration must patch it up. In the yard Explanation of the Main Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia that the entrances to residential buildings are under the jurisdiction of the State Traffic Inspectorate - this is the local area or municipal property. Depending on the owner, either the management company, the HOA, or the city authorities must repair these areas.

It doesn't matter who owns the road. The main thing is that any road can be repaired.

Administration

It is necessary to monitor the condition and safety of roads and highways in rural settlements, between villages and villages, and carry out appropriate measures to ensure that local roads meet standard requirements.

Local administration deals with a wide variety of issues related to the management of a particular

territory and settlements. It must also monitor the quality of roads and carry out stages of construction of new routes.

Roads should be as suitable as possible for use by different types of road transport. Local authorities carry out road repair work, always remove snow debris, and, if necessary, clean plantings along the highway.

"Roads without problems"

There are websites where you can complain about the quality of the road. Such portals provide the opportunity to leave a complaint not only about the road surface, but also markings, poor access roads, and poor quality work of snow removal services. The website “Roads Without Problems” dorogibezproblem.ru/ works on this principle, where it is proposed to mark on the map the location of a pothole or hole in order to fix it.

The appeal will be forwarded to the experts of the working group of the public council at the territorial department of the Ministry of Internal Affairs for the constituent entity of the Russian Federation, and after the problem is resolved, the relevant information will appear on the “Roads without Problems” website.

Where to complain

How to achieve repair of poor-quality road surface in a village? Modern technologies for construction and repair of road surfaces make it possible to restore roads quickly, without discomfort for the population.

Construction materials for such work are also available in any region. Therefore, the local administration has no excuse for poor connectivity in rural areas.

How to force the administration to make a road in the village and ensure comfort and safety of travel within the village and beyond?

The village population needs to send an application for repairs to the administration, indicating the responsibility of the local government to solve such problems.

If there is no response to the application from local authorities, you need to file a complaint with the prosecutor's office and a lawsuit in court.

Read also: Structure of local governments.

The prosecutor's office and the court will definitely respond to the application if it reminds you of the dangers of poor-quality road surfaces. It poses a threat to all road users, as well as to pedestrians walking along the side of the road.

ATTENTION! Failure of local government bodies to fulfill their responsibilities in relation to rural roads poses a threat to the lives of those living in the village.

The lack of good road surface means that ambulances, rescue services, firefighters, and police cannot quickly arrive in the village. As a result, dangerous situations that arise in populated areas only get worse and can result in human casualties.

How to file a complaint about roads: step-by-step instructions

Before filing a complaint, it is important to collect all the necessary information: this will allow you to make a competent substantiation of your claims and speed up the resolution of the problem.

Step 1. Fixing road defects and taking measurements

Since GOST establishes certain degrees of a particular defect, measurements should be taken: the length and depth of the holes, the area of ​​​​destruction of sidewalks, etc. Next you need to take a photo of the defect:

• close-up with a measuring device so that the extent of damage can be approximately seen;
• with surrounding objects so that the location of the defective section of the road is clear.

Step 2. Determine the category of the road and who is responsible for monitoring its condition

In accordance with GOST, the following categories of roads are distinguished:

Responsibility for the condition of roads is distributed as follows:

• the administration of the corresponding region is responsible for federal and regional highways outside populated areas;
• The municipal administration is responsible for roads within populated areas;
• The management company that maintains the respective building is responsible for the roads in the yard.

Step 3. Determine the nature of the defect and the time frame for its elimination according to GOST

Above we provided an approximate list of defects and the deadline for their elimination according to GOST. In your complaint, it is better to refer to a specific clause of GOST. For example, a hole on a city road (category B) with a depth of more than 5 cm in accordance with clause 5.2.4 must be repaired within 3 days from the moment it was discovered (i.e. from the moment it was reported to the competent authorities).

Step 4. Compose the text of the complaint

All that remains to be done in the text of the complaint is to consistently reflect all the information received:

• name of the organization to which the complaint is being filed;
• information about the sender of the complaint: full name, telephone number, postal or email address (no work is carried out on anonymous complaints);
• date and place of discovery of the defect;
• description of the defect, including measurements taken;
• road category;
• the time frame within which the defect must be eliminated;
• reference to laws and GOSTs;
• requirement to eliminate the defect;
• date and signature;
• list of attached documents, including photo and video recording.

Sample complaint

Quality requirements

Several GOSTs have been developed that define the requirements for the condition of highways. According to GOST 52766-2007, general requirements are set; GOST 52398-2005 specifies the classification of roads and a list of requirements for them.

Special SNiPs have been issued with rules for road repairs. Repair work on rural roads is carried out, according to GOST 50597-93, within 10 days, expressways must be repaired within 5 days.

If responsible persons do not comply with road safety requirements, do not carry out timely repairs, or do not fulfill maintenance obligations, they are subject to administrative fines. The local administration has no right to inaction in eliminating problem areas on the road that pose a threat to the safety of movement along the highway.

Court

If you constantly fall into the same hole with your wheel, you can cause significant damage to your car, but it is extremely difficult to prove this for the purpose of compensation for damage. And if a pothole caused an accident, you can obtain funds to restore your car and health through legal action. To do this you need:

• call traffic police officers to the scene;
• involve witnesses to the incident to testify;
• carefully read the protocol drawn up by the traffic police officer indicating the cause of the accident and its detailed description, and also ask to indicate the exact parameters of the pit and data on the absence of fences;
• take a photo or video describing the situation.

The traffic police is responsible for eliminating damage to the road by contacting the relevant authorities. Funds for car restoration are obtained only in court. To do this, you will need to provide a copy of the protocol, a photo or video of the accident, involve witnesses, and confirm the information with a professional assessment of the harm caused. The claim is filed at the location of the cause of the accident or in the city court.

Legal advice

The legislation defines responsibility for the construction, repair, and maintenance of rural roads. If villagers are not happy with the quality of the road in their community, they must act in accordance with the law and hold the local government accountable. In your actions you should rely on the provisions of Federal Law number 131 and number 257.

IMPORTANT! Federal Law 131 of October 6, 2003 (Article 14, paragraph 1, subparagraph 5) indicates that compulsory medical authorities are responsible for all issues related to repairing a rural road and maintaining its safety.

According to Federal Law 257 of November 8, 2007, the local administration must carry out such types of road activities as control over the safety of local roads.

To protect your rights, lawyers recommend contacting the local government administration first, and only if it fails to act, contact the prosecutor’s office and the court. The inaction of responsible persons must be declared illegal.

In order to make your statement more significant for the prosecutor's office, you need to focus on the danger of bad roads for road users.

And also that the poor route to the village causes a delay in the arrival of ambulances and fire brigades.

What to do if you sent a reply, but the road was not repaired

Activists of the “Beautiful Lipetsk” movement have calculated that on average, problems are resolved in 20–25% of requests, and in other cases they receive excuses. The RosYama service gives approximately the same statistics. But this is not a reason to give up.

Step 1. Apply a second time

If the first letter did not work, write again. Involve neighbors, friends and colleagues - have everyone post a message about the problem. The more of them there are, the more likely it is that municipal authorities will begin to do something.

We take the second step and continue to apply until we receive the result. If you receive a reply, you send a second appeal to the traffic police and at the same time write to the prosecutor’s office. In 2021, I sent 140 applications and several dozen complaints, and in 2015 - more than 300.

Vladimir Kostrov

It is important that the traffic police work according to the law. The employee visiting the site must comply with the Administrative Regulations of the Ministry of Internal Affairs. Flowchart of the execution of the state function not only to draw up an order to repair the problem area, but also to initiate a case of an administrative offense Article 12.34 of the Code of Administrative Offenses of the Russian Federation. If this happens, the official faces a fine of 50-100 thousand rubles - this gives city authorities much more motivation to repair roads.

Step 2. Contact the prosecutor's office

If the hole is not removed and the traffic police does not initiate a case, you need to contact the prosecutor's office. She will file a claim in court, which will oblige the contractor to make repairs. However, this does not always work. Sometimes prosecutors do not want to spoil relations with city officials and try to hush up the problem.

Step 3. Write a complaint to the Ministry of Internal Affairs of the Russian Federation and the Prosecutor's Office of the Russian Federation

The last stage is a complaint to the Russian Ministry of Internal Affairs about non-compliance with the law by traffic police officers or to the Russian Prosecutor's Office about the inaction of the regional prosecutor. The federal department forwards the first appeal to the regional level, so it may also not be effective. The second time the complaint will be considered - and then wait for the problem to be resolved.

Complaint from Lipetsk activists against traffic police officers in the Lipetsk region. After hundreds of such appeals, it was possible to initiate administrative cases. The amount of fines issued to road owners in 2018 amounted to 29.4 million rubles

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Reasons for return

Article 11 59 of the Federal Law defines the grounds for leaving a request unanswered. These include:

• anonymous;
• if there is already a court decision . It is returned within 7 days with an explanation of the appeal or cassation procedure;
• containing profanity and threats ;
• unreadable _ But if it is possible to decipher the address, then within 7 days a response is given with a request to provide the text in a more understandable form.

If an appeal to the authorities occurs on the same issue, no new grounds for the application are given in the paper, while the answer has already been given more than once, the head of the organization may decide to stop the correspondence. The applicant is provided with a response that due to the lack of new information that could be provided by government officials, the exchange of letters is suspended until new arguments or information emerge.

In addition, answers will not be given if their preparation requires the disclosure of state secrets.

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Collective letter

59 Federal Law in Art. 2 defines the right for applicants to submit individual applications or to join groups for this purpose . According to the law, if the application is justified, then there are no priorities for considering applications from one person or several. However, in practice, complaints made on behalf of several people are subject to more careful consideration and search for options for resolving it.

The rules for writing a paper on behalf of several applicants are the same as for one. The difference is that if there are many applicants, then their list is indicated after the description of the essence , and one or more representatives of the initiative group are written in the header. If their number allows you to register everyone before the text of the statement, then you can do it this way.

Application procedure

Regardless of whose control it is to ensure the safety of the road surface for users, if it is a government body, then it must be guided by Federal Law No. 59 of 06/02/2006 to take into account and respond to requests.

The regulatory legal act determines the procedure for consideration and the content of the application itself. It must contain information about the applicant, his data and contacts . Information about which structure the paper is fed into.

If the appeal is made to the municipality, then it will be enough to indicate: to the City Administration. All requests received by the organization go through the public reception, which distributes applications among departments. And the transition process is accompanied by the signature of the head. Therefore, if it is possible to indicate the name of the head of the city, then this will not be superfluous.

The application itself will need to describe the essence of the appeal. Naturally, when processing it, administration employees are required to go to the site, but it would still be a good idea to attach photographs. To accurately determine the location, the street is registered, at the level of which house numbers a hole or other identification marks, buildings, etc. were formed . The document must be signed and dated.

The application is drawn up in two copies. One is submitted to the authorities, the second remains in the hands of the applicants. On the document that remains with the citizens, the administration employee puts a stamp, affixes the date of acceptance and signature. Despite the fact that all applications received by the authorities are subject to registration, it is better to have the fact of submitting the paper with you. If the application is submitted via mail, it is better to do this by letter with notification.

The same rules apply to requests submitted via the Internet. The only difference will be the address. For this method, you will need to indicate which option for receiving a response is more acceptable: sending it by email or sending it to your actual residential address.