According to the act of inspection of the site <data taken>, it was not possible to establish the administrative defendant, since when registering the site on the Internet, they did not indicate personal data, namely surname, name, patronymic.
In accordance with Part 3 of Art. 1 of the CAS RF, decisions that are grounds for restricting access to sites on the Internet containing other information disseminated via the Internet that is harmful to the health and (or) development of children, the dissemination of which is prohibited in the Russian Federation, are taken by courts of general jurisdiction in the procedure for administrative proceedings in the framework of the implementation of mandatory judicial control over the observance of human and civil rights and freedoms in the implementation of certain administrative power requirements to individuals and organizations.
Proceedings in such cases are carried out according to the general rules of administrative action proceedings provided for in Sections I - III, VI - VIII of the CAS RF.
In accordance with Part 1 of Art. 39 of the CAS RF, the prosecutor has the right to apply to the court with an administrative statement of claim to protect the rights, freedoms and legitimate interests of citizens, an indefinite circle of persons or interests of the Russian Federation, constituent entities of the Russian Federation, municipalities, as well as in other cases provided for by federal laws.
In accordance with Part 3.2 of Art. 24 of the CAS RF, an administrative statement of claim for the recognition of information posted on information and telecommunication networks, including the Internet, information the dissemination of which is prohibited in the Russian Federation, is filed with the court at the address of the administrative claimant or at the address, place of residence of the administrative respondent.
Based on the foregoing, guided by Article 39 of the CAS RF, Part 3 of Article 35 of the Federal Law "On the Prosecutor's Office of the Russian Federation",
REQUESTS:
Recognize the information disseminated on the website at the network address: <data taken> information, the dissemination of which on the territory of the Russian Federation is prohibited.
Send a copy of the decision to the Federal Service for Supervision in the Sphere of Communications, Information Technology and Mass Media of the Russian Federation to include the above network address in the Unified Register of Domain Names, page indexes of sites on the Internet and network addresses that allow identifying sites on the Internet containing information, the distribution of which is prohibited in the Russian Federation.
At the hearing the prosecutor Moskaltsova N.S. the claim was supported in full on the arguments specified in the claim.
The representative of the defendant did not appear at the hearing, was duly notified of the place and time of the hearing.
After listening to the prosecutor, studying the materials of the administrative case, the court considers that the administrative claims are subject to full satisfaction.
The circumstances indicated by the prosecutor in the claim were fully confirmed.
The court was provided with: an act of inspection of the kupitmagnit.ru site, the whois site.
Thus, it was established that the prosecutor's office of the Moskovsky district of St. Petersburg carried out a check in the field of counteracting the dissemination of information on the Internet on ways to stop or make unauthorized interference with the operation of metering devices.
The website page with the address: <data taken> contains information about the sale of magnets remotely to stop water, gas and electricity meters, which will free people from paying for the service provided, put the rest of the owners of premises in the house in a worse situation.
In accordance with Art. 55 of the Constitution of the Russian Federation, human and civil rights and freedoms may be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the country's defense and state security.
By virtue of the Decree of the Government of the Russian Federation of 06.05.2011 No. 354 "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings"
water, hot water, thermal energy, electrical energy and gas to a non-residential premises in an apartment building, as well as wastewater disposal is carried out on the basis of resource supply contracts concluded in writing directly with the resource supplying organization.
According to Art. 153, 157 of the Housing Code, citizens and organizations are required to timely and fully pay for housing and utilities.
The amount of payment for utilities is calculated based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities.
In accordance with Art. 13 of the Federal Law of 23.11.2009 No. 261-FZ "On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation" produced, transferred, consumed energy resources are subject to mandatory accounting using metering devices for used energy resources.
Calculations for energy resources should be carried out on the basis of data on the quantitative value of energy resources produced, transferred, consumed, determined using metering devices for energy resources used.
By virtue of paragraphs. "G" clause 34, clause 35 of the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation of 06.05.2011 No. 354 "On the provision of utilities to owners and users of premises in apartment buildings and residential buildings »For the purpose of accounting for consumed utilities, use collective (general house), individual, general (apartment), room metering devices, distributors of an approved type that meet the requirements of the legislation of the Russian Federation on ensuring the uniformity of measurements and have been verified.
The consumer does not have the right to arbitrarily break the seals on the metering devices and in the places where they are connected (fastened), to dismantle the metering devices and to carry out unauthorized interference in the operation of these metering devices.
Article 7.27 of the Code of Administrative Offenses provides for administrative liability for theft of someone else's property.
Article 7.19 of the Code of Administrative Offenses provides for administrative liability for unauthorized connection to power grids, heating networks, oil pipelines, oil product pipelines and gas pipelines, as well as unauthorized (unaccounted for) use of electric, thermal energy, oil, gas or
petroleum products, if these actions do not contain a criminal offense.
Article 158 of the Criminal Code of the Russian Federation provides for criminal liability for theft of someone else's property.
In accordance with paragraph 4 of Art. 2 of the Federal Law of 27.07.2006 No. 149-FZ "On information, information technologies and on the protection of information" (hereinafter - Law No. 149-FZ) information and telecommunications network is a technological system designed to transmit information over communication lines, access to which carried out using computer technology.
By virtue of Art. 15.1 of the Federal Law of July 27, 2006 No. 149-FZ "On Information, Information Technologies and Information Protection" in order to restrict access to Internet sites containing information the dissemination of which is prohibited in the Russian Federation, a unified automated information system "Unified Register domain names, indexes of pages of sites on the Internet and network addresses, allowing to identify sites on the Internet, containing information, the distribution of which is prohibited in the Russian Federation. "
The creation, formation and maintenance of the register is carried out by the federal executive body exercising the functions of control and supervision in the field of mass media, mass communications, information technology and communications, in the manner established by the Government of the Russian Federation.
The basis for including information in the register is, among other things, a court decision that has entered into legal force on recognizing information disseminated via the Internet as information the dissemination of which is prohibited in the Russian Federation.
At the same time, according to the site inspection act, it was established that the site <data taken> is not included in the Unified Register of Domain Names, Indexes of Pages of Internet Sites and Network Addresses that allow identifying sites on the Internet that contain information, the distribution of which in Russian Federation is prohibited.
It is forbidden to disseminate information for the dissemination of which criminal or administrative liability is provided.
According to paragraph 1 of Art. 10 of the Federal Law of 27.07.2006 No. 149-FZ "On Information, Information Technologies and Information Protection" in the Russian Federation, information is disseminated freely subject to the requirements established by the legislation of the Russian Federation.