Decree 354 344. Government Decree on the provision of public services to owners and users of premises in apartment buildings and residential buildings - Rossiyskaya Gazeta

Irina, good afternoon!

The practice is very extensive - here, for example, is one definition.

SUPREME COURT OF THE REPUBLIC OF ALTAI

The Board of Appeal for Civil Cases of the Supreme Court of the Altai Republic, consisting of:

presiding officer - Solopova I.V.,
judges - Krasikova O.E., Chertkova S.N.,
under the secretary - T.K.,
considered at the court hearing the case on the appeal of Shch.S. on the decision of the Gorno-Altai City Court of the Altai Republic dated<дата>, which decided
The claim of the open joint-stock company "Altaienergosbyt" is satisfied.
To recover in favor of the open joint stock company Altaienergosbyt from Shch.S. total debt<данные изъяты>, expenses for paying state duty<данные изъяты>.
Having heard the report of judge S.N. Chertkov, the appeal board

installed:

OJSC Altaienergosbyt filed a lawsuit against Shch.S. on debt collection under the act of unaccounted for electricity consumption. The plaintiff’s demands are motivated by the fact that a relationship has been established with the defendants regarding the supply of electrical energy and a public energy supply agreement has been concluded.<дата>employees of the network organization MUP "Gorelektroseti" checked the electricity meter type<данные изъяты>, as a result of which violations were identified, about which a report was drawn up on unaccounted electricity consumption from<дата>N.<дата>employees of the network organization MUP "Gorelektroseti" carried out a repeated check of the electricity meter type<данные изъяты>, as a result of which violations were identified, about which an act on unaccounted electricity consumption N was drawn up. According to acts N from<дата>and N from<дата>calculations were made, the total amount of debt under acts of unaccounted electricity consumption is<данные изъяты>. Based on the above, the plaintiff requests to recover from the defendant the debt under acts of unaccounted consumption in the specified amount, as well as to recover the costs of paying the state duty.
The court made the above decision, the cancellation of which and the adoption of a new resolution to refuse to satisfy the claims in the appeal request Shch.S., indicating that the court incorrectly applied the norms of substantive law. The court of first instance did not take into account that neither the plaintiff nor the third party presented evidence confirming the notification of consumer Shch.S. about the date and time of access to the contractor’s residential premises to check the metering device. Accordingly, Acts N and N on unaccounted consumption were drawn up in violation of the procedure provided for by law, and therefore cannot be admissible evidence indicating unaccounted consumption of electricity. The fact that he was present when drawing up the acts<данные изъяты>Shch.S. - Shch.Yu. does not matter, since Shch.Yu. at the time of inspection of the metering device, he did not have a properly executed power of attorney allowing him to act on behalf of the consumer Shch.S. and consumer Shch.S. was not properly notified of the time of the inspections. In a residential building at:<адрес>, where the meter is located, Shch.Yu lives. with my family. The appellant did not live in the residential building at the specified address at the time of the inspections. Shch.S. and Shch.Yu. They are not members of the same family in relation to each other, they do not lead a common household. In addition, calculations to Act N for the period from<дата>By<дата>and to Act N for the period from<дата>By<дата>, the appellant considers to be incorrect. When determining the period for which unaccounted consumed electricity is subject to recovery, the court of first instance did not take into account the provisions of paragraph. 3 clause 195 of the Basic provisions for the functioning of retail electricity markets, approved by the Decree of the Government of the Russian Federation dated<дата>N 442. Last check of the metering device before drawing up act N dated<дата>Was held<дата>. Since, as established in clause 83 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation dated<дата>N verification activities in relation to the metering device were not carried out by the network organization, then the starting date from which, within the meaning of clause 195 of the Basic Provisions, the volume of unmetered electricity consumption is calculated will be<дата>. In a similar manner, the calculation of debt under Act No. dated<дата>, and since the last check of the metering device before drawing up this Act was carried out<дата>, then the initial date for accrual of the volume of unaccounted electricity consumption will be<дата>. Thus, according to Act N, the debt is for the period from<дата>By<дата>and amounts to<данные изъяты>, and according to Act N for the period from<дата>By<дата> - <данные изъяты>. The conclusion of the court of first instance that the claim was satisfied in the amount<данные изъяты>cannot be recognized as corresponding to the norms of substantive law and the actual circumstances of the case.
After checking the case materials, discussing the arguments of the appeal, hearing Shch.S. and his representative T.A., who supported the appeal, the appeal board finds no grounds for canceling the court ruling in the case on the following grounds.
According to Part 1 of Art. 327.1 of the Code of Civil Procedure of the Russian Federation, the appellate court considers the case within the limits of the arguments set out in the appeal, presentation and objections to the complaints, presentation. Otherwise, it would be contrary to the dispositive principle of civil proceedings, arising from the peculiarities of controversial legal relations, the subjects of which exercise their rights at their own discretion, arbitrary interference in which, by virtue of the provisions of Articles 1, 2, 9 of the Civil Code of the Russian Federation, is unacceptable.
In accordance with Art. 56 of the Code of Civil Procedure of the Russian Federation, the content of which should be considered in the context of the provisions of paragraph 3 of Art. 123 of the Constitution of the Russian Federation and Art. 12 of the Code of Civil Procedure of the Russian Federation, which establishes the principle of adversarial civil proceedings and the principle of equality of parties, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law.
As follows from the case materials and established by the court of first instance, a residential building located at the address:<адрес>(currently<адрес>) belongs by right of common ownership to Shch.S. Shch.S. registered at the place of residence in the specified residential building.
In accordance with Art. 539 of the Civil Code of the Russian Federation, under an energy supply agreement, the energy supplying organization undertakes to supply energy to the subscriber (consumer) through the connected network, and the subscriber undertakes to pay for the received energy, as well as to comply with the regime of its consumption stipulated in the agreement, to ensure the safe operation of the energy networks under its control and the serviceability of the devices used by it and equipment related to energy consumption (Part 1).
In accordance with Part 1 of Art. 540 of the Civil Code of the Russian Federation, in the case where the subscriber under an energy supply contract is a citizen who uses energy for domestic consumption, the contract is considered concluded from the moment the subscriber is first actually connected in the prescribed manner to the connected network.
A public contract for energy supply for household consumption was concluded between the plaintiff and the defendant, addressed to the subscriber Shch.S. personal account No. 130215186 was opened, the defendant is connected to the networks of Altaienergosbyt OJSC. From the consumer card Shch.S. It follows that the actual relations for the supply of electrical energy between the parties have developed since 2008. This fact is also confirmed by the supply of electricity to the specified residential premises, and payment for it by the defendant.
By virtue of Part 1 of Art. 544 of the Civil Code of the Russian Federation, payment for energy is made for the amount of energy actually received by the subscriber in accordance with energy accounting data, unless otherwise provided by law, other legal acts or agreement of the parties.
By virtue of Part 1 of Art. 543 of the Civil Code of the Russian Federation, the subscriber is obliged to ensure the proper technical condition and safety of the operated energy networks, devices, equipment, comply with the established energy consumption regime, and also immediately notify the energy supplying organization about accidents, fires, malfunctions of energy metering devices and other violations that arise during the use of energy .
According to Part 3 of Art. 543 of the Civil Code of the Russian Federation, the requirements for the technical condition and operation of energy networks, devices and equipment, as well as the procedure for monitoring their compliance, are determined by law, other legal acts and mandatory rules adopted in accordance with them.
In accordance with Part 1 of Art. 547 of the Civil Code of the Russian Federation, in cases of non-fulfillment or improper fulfillment of obligations under an energy supply contract, the party that violated the obligation is obliged to compensate for the real damage caused by this (Part 2 of Article 15).
By virtue of clauses 192 - 193 clause 2 of the Basic provisions for the functioning of retail electricity markets, complete and (or) partial restrictions on the regime of electricity consumption, approved by Decree of the Government of the Russian Federation N 442 of 05/04/2012 upon the fact of identified unaccounted or non-contractual consumption of electrical energy, the network organization draws up a report on unaccounted consumption of electrical energy.
It follows from these norms that the fact of unmetered electricity consumption is subject to recording in the manner established by the Basic Provisions for the Functioning of Retail Electricity Markets, approved by Decree of the Government of the Russian Federation of May 4, 2012 N 442.
A document confirming the fact of unmetered electricity consumption, in accordance with these provisions, is the corresponding act.
In accordance with Art. 13 of Federal Law N 261-FZ of November 23, 2009 “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation”, produced, transmitted, consumed energy resources are subject to mandatory accounting using metering devices for energy resources used. Payments for energy resources must be made on the basis of data on the quantitative value of energy resources produced, transmitted, consumed, determined using metering devices for energy resources used.
Clause 1.2.2 of the Rules for the technical operation of electrical installations of consumers, approved by Order of the Ministry of Energy of the Russian Federation dated January 13, 2003 N 6, stipulates that the consumer is obliged to ensure that electrical installations are maintained in working order and operated in accordance with the requirements of the rules and other regulatory and technical documents.
The rules for metering electrical energy, approved by the Ministry of Fuel and Energy of the Russian Federation on September 19, 1996, define metering equipment: metering equipment - a set of devices that provide measurement and accounting of electricity (current and voltage measuring transformers, electric energy meters, telemetric sensors, information-measuring systems and their communication lines) and interconnected according to an established scheme.
In accordance with clause 2.1 of the Electricity Accounting Rules, the main purpose of electricity metering is to obtain reliable information on the production, transmission, distribution and consumption of electrical energy in the wholesale and retail electricity markets.
Means for metering electrical energy and monitoring its quality must be protected from unauthorized access to eliminate the possibility of distortion of measurement results, as specified in paragraphs. 3.5 clause 3 of the Electricity Accounting Rules dated September 19, 1996.
From clause 81 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354, it follows that equipping residential or non-residential premises with metering devices, putting installed metering devices into operation, their proper technical operation, safety and timely replacement must be ensured by the owner of residential or non-residential premises.
In accordance with clause 145 of the Basic Provisions, the responsibility for ensuring the operation of an installed and approved metering device, the safety and integrity of the metering device, as well as seals and (or) visual control signs, taking and storing its readings, and timely replacement rests with the owner of such device accounting. At the same time, the operation of a metering device for the purposes of this document means the implementation of actions that ensure the functioning of the metering device in accordance with its purpose at the entire stage of its life cycle from the day it is put into operation until its failure, including inspections of the metering device, technical maintenance (if necessary) and timely verification.
In accordance with clause 2.11.17 of the Rules for the technical operation of consumer power installations, the consumer is obliged to immediately notify the energy supplying organization about all defects or cases of failure in the operation of calculated electricity meters. The consumer is responsible for the safety of the billing meter, its seals and for the compliance of electricity metering circuits with established requirements.
Consequently, the responsibility for ensuring the operation of an installed and approved metering device, the safety and integrity of the metering device, as well as seals and (or) visual control signs, taking and storing its readings, and timely replacement rests with the owner of such a metering device.
Within the meaning of the above standards, a break in the connection in the form of twists at the input to the metering device, a change in the connection diagram (zero on the first terminal, phase on the third terminal), a malfunction of the metering device, the absence of a seal on the terminal cover, the presence of access to live parts up to the metering device, is the basis for recognizing electricity consumption as unaccounted for, since there is no objective possibility of determining the actual consumption of electricity by a subscriber.
According to the act to the electricity supply agreement from<дата>with household consumer Shch.S., a calculated electric meter was installed and registered in the defendant’s house<данные изъяты>with filling<данные изъяты>, the electric meter is connected according to the correct circuit.
Shch.S. is a subscriber of an energy supplying organization and, due to the above-mentioned legal requirements, is obligated to pay for the energy received, comply with safety rules when using energy, and maintain in good working order the indoor electrical wiring, relevant devices and appliances related to energy consumption.
<дата>employees of the municipal unitary enterprise "Gorelektroseti" checked the metering device for electrical energy consumption in a residential building at the address:<адрес>and act N on unaccounted electricity consumption was drawn up. When examining a metering device installed in a residential building, unmetered consumption was recorded, which resulted in a broken connection in the form of twists at the input to the metering device, the connection diagram was changed (zero on the first terminal, phase on the third terminal), the metering device is faulty (the digital display is not displayed), there is access to live parts up to the meter.
Also, according to Act No. on unaccounted electricity consumption, the room and kitchen are used, the number of residents<данные изъяты>, installed: microwave oven and electric kettle, there are 3 sockets and 4 light bulbs, the electric meter data is given:<данные изъяты>. Signatures of the person who drew up the act and the consumer representative Shch.Yu. there are, according to the explanation of which: “I contacted to replace the meter, they told the owner to come.”
<дата>The representative of the municipal unitary enterprise "Gorelektroseti" drew up act No. on unaccounted-for electricity consumption for individuals based on the fact of violation of the rules for metering electrical energy in the home of consumer Shch.S. by the address:<адрес>, expressed in the following: on the input wire to the metering device there are two breaks, one of which is under the shield where the metering is installed, on each core in the form of twists, the other is a break before passing through the wall from the street side; change in connection diagram (zero on the first terminal, phase on the third terminal), the meter is not working properly, there is no seal on the terminal cover, there is access to live parts up to the meter. The act indicates that the room and kitchen are being used, the number of residents<данные изъяты>, installed: microwave oven, electric kettle, refrigerator, there are 3 light bulbs, electric meter data is given:<данные изъяты>. Signatures of the person who drew up the act and the consumer representative Shch.Yu. there are, according to the explanations of which: “the owner is the father, all problems regarding the house are decided by the father.”
In accordance with paragraphs 192, 193 of the Basic provisions for the functioning of retail electricity markets, approved by Decree of the Government of the Russian Federation dated 04.05.2012 N 442 “On the functioning of retail electricity markets, complete and (or) partial limitation of the mode of consumption of electrical energy” (hereinafter according to the text - Basic provisions) upon the discovery of unaccounted or non-contractual consumption of electrical energy by a network organization, a report on unaccounted-for consumption of electrical energy is drawn up, which must contain information about the person carrying out the unaccounted or non-contractual consumption of electrical energy; on the method and place of unaccounted or non-contractual consumption of electrical energy; about metering devices at the time of drawing up the report; on the date of the previous inspection of metering devices - in case of detection of unmetered consumption, the date of the previous inspection of the technical condition of electric grid facilities in the place where non-contractual consumption of electrical energy was detected - in case of detection of non-contractual consumption; explanations of the person carrying out unmetered or non-contractual consumption of electrical energy regarding the identified fact; comments to the drafted act (if any).
As follows from the Acts on unaccounted electricity consumption N from<дата>and N from<дата>, they were compiled based on the discovery of unauthorized interference in the operation of the meter, which resulted in distortion of the readings of such a meter. These circumstances were not denied by the defendant, and therefore the appeal board concludes that in this case there was an unauthorized connection.
Since the meter installed in the defendant’s house did not properly account for electricity, the energy supply organization had the right not to take its readings into account when determining the amount of payment for consumed electricity.
If there is an act on unaccounted consumption of electrical energy, the supplier of last resort has the right to make a claim to the consumer for reimbursement of the cost of the identified volume of unaccounted consumption of electrical energy.
It is impossible to agree with the argument of the complaint that the amount of debt calculated on the basis of the acts is incorrect.
By virtue of paragraph 172 of the Basic Provisions No. 442, checks of calculated metering devices are carried out at least once a year.
The provisions of clauses 82, 83 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings (approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354) establish that checks of metering devices must be carried out by the contractor at least once a year, and if the metering devices being checked are located in the consumer’s residential premises, then no more than once every 6 months.
According to clause 195 of the Basic Provisions, the volume of unmetered consumption of electrical energy is determined using the calculation method provided for in subparagraph “a” of paragraph 1 of Appendix No. 3 to this document. The volume of unaccounted consumption of electrical energy (power) is determined from the date of the previous control check of the metering device (if such a check was not carried out as planned, then it is determined from the date no later than which it should have been carried out in accordance with this document) to the date identifying the fact of unaccounted consumption of electrical energy (power) and drawing up a report on unaccounted consumption of electrical energy.
In accordance with clause 62 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings (approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354), if the date of unauthorized connection or interference with the operation of the meter cannot be determined, then additional accrual must be made starting from the date of the previous inspection by the contractor, but no more than 6 months preceding the month in which unauthorized connection or interference with the operation of the meter was detected.
According to the calculation of the volume of unaccounted for consumed electricity according to Act No.<дата>in 6 months (from<дата>floor<дата>) for electrical appliances owned by the consumer: microwave ovens, power 1.25 kW; electric kettle, power 2.0 kW, payable<данные изъяты>.
According to the calculation of the volume of unaccounted for consumed electricity to Act N for the period from<дата>By<дата>for electrical appliances owned by the consumer: microwave ovens, power 0.60 kW; electric kettle, power 2.0 kW; refrigerator, power 0.12 kW, payable<данные изъяты>.
The defendant did not present evidence to the court confirming the need to use other values ​​when calculating the cost of unmetered electricity consumption.
Taking into account the above-mentioned legal norms, taking into account that the electricity meter did not meet the established requirements and during the disputed period proper accounting of consumed energy was not carried out, the calculations of unaccounted consumption of Shch.S. presented in the case materials. of electrical energy are legitimate, drawn up no more than six months prior to the inspection, and therefore the arguments of the complaint in this part are untenable.
The Board of Appeal cannot agree with the arguments of the author of the complaint about the inadmissibility of acts of unaccounted consumption as evidence.
Based on the fact of the identified unaccounted consumption of electrical energy by a network organization in the manner provided for in paragraphs 192, 193 of the Basic Provisions for the Functioning of Retail Electricity Markets, approved by Decree of the Government of the Russian Federation No. 442 dated May 4, 2012, acts on unaccounted consumption of electrical energy were drawn up (for individuals persons) N from<дата>and N from<дата>, which were the basis for calculating the cost in the amount of identified non-contractual (unaccounted) consumption of electrical energy (clause 84 of these Basic Provisions).
As follows from the case materials, Shch.Yu. is a family member (<данные изъяты>) Shch.S., and uses the residential premises due to family relations with the consent of the defendant, the acts were drawn up in his presence. Evidence of the existence between Shch.Yu. and the defendant has not presented any other (non-family) relationships with which the law connects the grounds for the consumption of utilities either to the court of first instance or to the court of appeal.
The appellate court takes into account the fact that, by virtue of Art. 182 of the Civil Code of the Russian Federation, the powers of a representative may be evident from the situation in which the representative acts.
Thus, Shch.Yu. Based on the situation that existed at the time of drawing up the acts, Shch.S was the proper representative of the defendant.
Within the meaning of paragraph 177 of the Basic Provisions, notification to the consumer is necessary to ensure access for representatives of the guaranteeing supplier and the network organization to the consumer’s metering devices or the consumer’s metering scheme.
In this case, during inspections in a residential building owned by the defendant, the fact of unmetered consumption of electrical energy was established, therefore, access to the supply points was ensured.
Personal non-participation of Shch.S. during inspections and drawing up reports did not lead to an incorrect reflection of the actual circumstances established during the inspections.
Assessing the acts of unaccounted-for electricity consumption and pay slips for them, presented by the plaintiff as evidence of the defendant’s violation of the rules for electricity metering, the appeal board comes to the conclusion that these documents comply with the requirements of paragraphs 193, 195 of the Basic Provisions for the Functioning of Retail Electricity Markets, approved by the Decree of the Government of the Russian Federation. Federation dated May 4, 2012 N 442.
Despite the fact that S.H. he has not registered the ownership of the residential premises he owns, he is the legal owner of the house, uses it for its intended purpose, there are no grounds provided by law for exempting him from paying for consumed utilities.
Since the defendant did not provide evidence of repayment of the cost of unaccounted-for electricity consumption or termination of this obligation in another manner provided for by law, as well as the fact of failure to contact the relevant organizations with statements about damage to the connection at the input to the metering device, malfunction of the metering device, lack of a seal on the terminal cover and availability of access to live parts up to the metering device was not refuted by the defendant, the court of first instance justifiably recovered the specified amount from Shch.S. in favor of the plaintiff.
The appellant’s indications of disagreement with the assessment of the evidence cannot be taken into account, since all of the listed evidence was given a proper assessment by the court in their totality, in accordance with the provisions of Art. 67 of the Code of Civil Procedure of the Russian Federation, and the appeal board does not see any grounds for a different assessment.
In general, the arguments of the appeal are based on a subjective, erroneous interpretation of the norms of substantive and procedural law by the applicant of the complaint, and therefore cannot be recognized as justified and serve as a basis for canceling the court decision.
The complaint does not contain any references to new circumstances that were not the subject of the trial court's investigation and could have influenced the court's conclusions. The appeal board has no grounds to reassess the circumstances established by the court.
Under these circumstances, the appellate court considers that the case was considered by the court of first instance fully and comprehensively, the rules of substantive and procedural law were not violated, and the court’s conclusions correspond to the evidence available in the case. Provided by Art. 330 of the Code of Civil Procedure of the Russian Federation there are no grounds for canceling the court decision.
There are no legal grounds for satisfying the appeal and canceling the judicial act adopted in this case.
Based on the above, guided by art. Art. 327 - 330 Code of Civil Procedure of the Russian Federation, Board of Appeal

determined:

Decision of the Gorno-Altai City Court of the Altai Republic dated<дата>leave unchanged, the appeal of Shch.S. - without satisfaction.

Presiding
I.V. SOLOPOVA

Judges
O.E.KRASIKOVA
S.N.CHERTKOV

The rules for the provision of utility services regulate in great detail the content and procedure for concluding an agreement for the maintenance of residential buildings, the provision and accounting of utility services. The main responsibility for activities in this direction rests with management companies. For each type of utility service, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. Measures for the maintenance of common property include measures for energy saving, installation and reading of metering devices, as well as the costs of maintaining accounting information systems. These payments are entered on the payment receipt as a separate line. The resolution defines the general procedure for concluding an energy service agreement in residential buildings with payment for its results separately from payment for utilities.

On May 23, information was published on the approval of new Rules for the provision of utility services. New Rules have been introduced. With the entry into force of the new Rules, the Government Decree repeals Decree No. 307 of 05.23.2006 and makes significant changes to Government Decrees No. 306 of 05.23.2006 and No. 491 of 08.13.2006. The new Rules are not introduced immediately, but 2 months after changes are made to the procedure for establishing and determining standards for the consumption of utility services in Government Decree No. 306 of May 23, 2006. The Russian Ministry of Regional Development has been instructed to prepare changes to this document within the next three months.

The rules for the provision of utility services regulate in great detail the content and procedure for concluding an agreement for the maintenance of residential buildings and the provision and accounting of utility services. The main responsibility for activities in this direction rests with management companies. In terms of concluding contracts, the Resolution quite strictly establishes the condition for the content of contracts: if the consumer has concluded an agreement with a management company that does not comply with the conditions of the new Rules, then the provisions of Government Resolution No. 354 of 05/06/2011 are considered the current norm.

For each type of utility service, two payments are introduced: for consumption directly inside the apartment and for consumption for general house needs. At the same time, a standard for the consumption of utilities for general house needs in an apartment building is being introduced. This will streamline calculations in cases where there is no collective metering device.

The liability of the defaulter has been tightened. Now, restrictions on the provision of utility services may occur not in 6 months, as now, but in 3 months.

Consumers are given the opportunity to enter into direct contracts with resource supply organizations for the provision of utility services.

Algorithms for payment for utility services have been completely revised, both in the presence of metering devices and in their absence. The rule has been excluded when, at the end of the year, the entire annual imbalance of consumption in an apartment building was distributed to consumers who have individual metering devices installed.

The management company becomes the actual operator of meter readings and the organizer of their operation. The management company also becomes an intermediary in recording facts of violation of the quality of provided public services.

Measures for the maintenance of common property include measures for energy saving, installation and reading of metering devices, as well as the costs of maintaining accounting information systems. These payments are entered on the payment receipt as a separate line.

The resolution defines the general procedure for concluding an energy service agreement in residential buildings with payment for its results separately from payment for utilities. The form of the energy service agreement itself should be developed within the next 5 months by the Ministry of Regional Development and the Ministry of Economic Development.

The rules for the provision of utility services are strictly regulated by the state legislation of the Russian Federation. The list of guidelines governing the process includes both federal legislation and local legal acts and official regulations. A citizen who has legal information can defend his legal rights as a consumer in every instance. One of the basic rules will be the tenant’s compliance with his direct obligations in the field of housing and communal services (housing and communal services). In other words, there should be no complaints against him.

Payment for utilities makes up a significant part of the average citizen’s funds, and this does not depend on whether he is the owner of the property or uses it as a tenant. The rules for providing utility services to owners and users of premises are the same. However, it is possible and necessary to reduce the amount in the utility bill if required. All rules for the provision of public services to citizens will be discussed below.

The list of public utilities is determined directly by state legislation, or more precisely, by the Government of the Russian Federation, the definition of which is valid throughout the entire territory of Russia. Among other things, this list of services must be provided by the contractor for the entire calendar year. The only exception is heating. Heating utilities are provided seasonally.

However, the legislation also defines time intervals for carrying out repair work, and also takes into account unforeseen emergency situations. In these cases, time limits are provided for repairs and elimination of the accident.

When utility services provide poor quality services throughout the year, that is, the number of outages exceeds the value provided for by law, then residents have the legal right to file a formal claim or complaint against unscrupulous “utility providers.” This is stated in the law on the protection of the rights of consumers of housing and communal services.

The range of provision of utility services directly depends on the comfort and provision of certain utility networks of a particular residential building.

In the event that the house does not have some utilities, then no fee will be charged for them. Consequently, the cost of its maintenance will be lower due to the absence of a corresponding deduction point.

PP number 354 on the provision of public services, adopted in 2011, is the main legislative act that regulates all activities of housing and communal services. This document is edited quite often, and, therefore, the newest rules for the provision of utility services, that is, their latest edition, will be relevant.

This resolution is publicly available, and therefore, every interested citizen can study it and monitor compliance with the rules for the provision of utility services and the actions of cash settlement centers in the field of charging for services.

The latest edition of the Russian government decree has clarified the description of non-residential premises. To specify the status of the premises and payment for the corresponding category, you need to refer to the new version of the legislation. All disputes between homeowners and housing companies regarding the maintenance and payment for non-residential premises can be resolved in court.

In accordance with Art. Articles 80 and 81 of the Government Decree now the utility company is obliged to check the installed metering devices. That is, after the consumer’s application, the utility service must take meter readings within ten days and check its serviceability. Previously, legislation provided for checking meters once every 6 months. Now this period of time has been reduced to a quarter, that is, once every 3 months.

When utility service employees, for any reason, do not have access to private metering devices, then payment will be calculated based on the number of registered residents in this particular premises.

According to Chapter 9 of the mentioned federal law, due to incorrect calculation of utility bills, which resulted in overpayment for services provided, a fine of up to 50% of the amount of the incorrect calculation is provided.

The rules by which payments for utility services must be made are described in Chapter 6 of the Federal Law. Each homeowner must pay in full for utility services provided to him. However, in addition to the obligation, every citizen is also entitled to check the validity of the charges. The quality of the services provided and their compliance with standards are also taken into account. If the management company inflates tariffs and performs its obligations poorly, residents have the right to change it to another by terminating and re-issuing the contract.

• service directly to the house itself;
• major renovation of the building;
• keeping the yard clean;
• elevator maintenance;
• keeping common rooms, stairs and elevators clean;
• waste removal and maintenance of general communications.

All figures included in the “fat” are calculated by the service office specialists on a monthly basis. There are many points included in the rent, for which they must be justified and correspond to the tariff units valid for the current date.

• private;
• common house

If the tenant has some benefits for paying for utilities, then the category of benefits and the reasons for the tariff reduction must be indicated.

Clause 54 of the new Rules stipulates the calculation of fees for heating and hot water supply services, if the contractor wishes to make the calculation independently.

When drawing up an agreement for the provision of utility services, all conditions, obligations and responsibilities of the parties should be taken into account. If any condition is omitted, the conflict situation will be resolved on the basis of legislative norms and rules. The main document for drawing up an agreement for the supply of services is clause 124 of the Rules.

• declare in writing your desire to enter into contractual obligations for the provision of services and attach all the required documents;
• obtain a preliminary draft contract from the service provider and correct disagreements on points, if any;
• draw up an additional agreement on the absence of claims and the elimination of disagreements;
• endorse a contract for the provision of services.

As for the contract itself, it must necessarily indicate the tariffs for the services provided. In addition, liability is provided for both the party providing the service for poor quality of its provision, and the consumer for violating the terms of this agreement.

There are situations when the contract is drawn up retroactively. The legislation provides that the party providing the service can transfer the draft contract to the consumer within 20 days from the date of commencement of the provision of these same services.

The consumer has 30 days to adjust the terms or agree to them. At the end of the period of time allotted by law, the contract will be considered automatically concluded.

To execute the described contract, the service provider must submit the following package of mandatory documents:

If there are inaccuracies in the documentation provided or an incomplete package of papers is provided, the service provider must notify the consumer of this fact no later than 5 working days

In addition to the terms of the concluded contract, the parties must strictly comply with the rules prescribed in Chapters 4 and 5 of Federal Law No. 354 and governing relations between the parties.

The housing company has the right to choose a direct service provider independently, as well as to enter into a contractual relationship with him. In the event of planning repairs, accidents or other disruptions in the supply of services, the company must notify residents by means of an announcement in specially designated areas. Legislation supports owners and tenants in the fight against unscrupulous service providers in such a way as consumer protection.

In case of provision of services of unsatisfactory quality, the user has the right to record his complaints in the book of complaints and suggestions. The latter, in turn, must be available to every service provider.

Upon receipt of a complaint, not only must appropriate measures be taken by the company's managers, but also a written response about this must be issued within a period of three working days. This is stated in Art. 31 of current legislation.

Basic rights and obligations of the consumer, articles 33, 34:

According to Article 35, the tenant does not have the legal right to carry out actions prohibited to him; for this, the state provides for large fines.

According to Article 309 of the Civil Code of Russia, all obligations must be fulfilled properly in accordance with contractual terms and current legislation. The parties do not have the right to individually change the terms of the agreement, as well as not to fulfill their obligations.

For a one-time non-payment of the amount, according to Resolution 354, amended from January 1, 2017 as amended, the legislation does not provide for any liability.

Previously, failure to pay on time could result in fines and penalties. Today, this punishment is provided if a citizen is late with payment by more than 30 days.

The reason for making the appropriate changes was the crisis situation in the country, which resulted in a delay in the payment of wages to citizens.

However, in parallel, sanctions were tightened for those citizens who deliberately do not pay for utility services.

Until the beginning of 2017, the penalty rate was equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

• 1/300 for a period of non-payment of 31-90 days;
• 1/130 for non-payment for 91 days or more.

However, the government does not stop at the amount of penalties for willful defaulters, since bona fide residents suffer through their fault. In the future, the amount of the penalty is planned to increase.

The housing user should know the following about the procedure for providing utility services.

The main responsibility for non-payment of utility bills lies directly with the apartment owner himself, as opposed to the users of municipal housing.

Utility rules are for the homeowner to pay bills on time.

1. Warn in writing and offer to pay the debt without imposing penalties.
2. Visit the defaulter and verbally explain the impending consequences and penalties.
3. Suspend the provision of services.
4. Initiate legal proceedings to collect outstanding payments.

The last method is the most inconvenient and costly for both parties, therefore, whenever possible, utility services try to resolve the issue peacefully.

As for the debt itself, during the process due to the accrual of penalties on it, this amount can increase significantly.

If the court decides in favor of the utilities, they will be required to repay the debt in full.

Every citizen is interested in what rule for calculating the cost of utility services is in effect now. Therefore, paragraph Art. 354 can reveal important questions and provide answers as prescribed by law.

Decree 354 as last amended 2016,

Regulations from the Russian government on public utilities were created in June 2011. After this, the law required amendments, so every year in April, March, July, May, mid-June and other months a new draft was introduced with changes. Russian law for this period is in force according to the latest amendments. It is worth examining this law before considering amendments.

Federal law in resolution 354 contains the following sections:

• Providing services that the user and owner of the premises will receive;
• The condition and main order of how the service is provided;
• Metering devices and fee calculation;
• Recalculation and accrual for heating, electricity, water;
• Question about cancellation of services;
• An application containing calculation rules, as well as the formula and tariff standard;
• Changes made to the act.

The current edition with the latest changes has some amendments in accordance with the current situation in housing and communal services. As of December 2015, it was necessary to approve amendments that will come into force in 2016. The federation also made changes to the government’s vision of this document in September, April, at the end of January and other months. Many portals, such as consultant plus, pay attention to the text of this provision, so it is worth considering each part of it in the latest edition. for different types of services.

About utilities

Regulation number 354 regulates the consumption of housing and communal services resources for owners and users of residential apartments or non-residential premises. The new edition of the law of the Russian Federation contains consumption standards and fees for them. For example, the document explains when the power of payment for a utility package begins. Entry into force begins at the moment ownership rights arise, from the day the lease for the premises is concluded, from the day of renting and entry into the apartment building. Judicial practice confirms the guarantor of compliance with Resolution 354 throughout the entire territory of the Russian Federation, including the Moscow region, Kirov and Perm.

For heating

This section describes the general house needs for providing heating to citizens. This paragraph explains in examples how much, according to the rules, the duration of heating should be charged based on time and temperature in the apartment. Temperature and heat are regulated according to approved standards, and the amount of payment for heating is calculated.

For electricity

This subparagraph defines the procedure for the supply and distribution of electricity. voltage standards, the period that is possible due to a temporary lack of energy, line checking and energy saving are indicated. During the year there is a limit on the time of absence. The edition contains requirements for line voltage according to GOST.

General house needs, Resolution 354: to pay or not to pay?

Many people ask whether they need to pay or not pay the general house bill. The Housing Code provides that costs for water supply and other services for general house needs will be included evenly in each individual receipt. This payment is important in relation to the provision of utility services, so everyone pays receipts.

Recalculation for heating using a common house meter according to Resolution 354, calculation formula

The contractor issues an invoice for electricity or hot water on the day the meter receipt is issued. Recalculation for cold water is carried out according to the formula where the volume for non-residential premises, the volume for individual apartments, the volume of hot water and the volume of water supply costs are subtracted from the unaccounted volume of water for the accounting period and multiplied by the area of ​​the apartment divided by the area of ​​all apartments. Today you can download a free application that contains order 354, where there is a calculation form, adjustments and comments.

We ask you to reconsider clause 42.1 of Rules 354 since in this edition it contradicts the Legislation of the Russian Federation.

The state has made it obligatory for owners to equip their premises with meters to record the consumption of utility resources. (Article 13 261 Federal Law, Article 157 LC, paragraph 80 of Rules 354). According to Article 13 261 of the Federal Law, paragraphs 81, 31g, 31a, 33a of Rules 354, Rules 1034, the house management agreement, according to the meters accepted for operation, the consumed utility resources must be accrued from the 1st day of the next reporting period. The owners also have the right to receive, and the management company to provide, utility resources of appropriate quality in the required volumes. Accounting for volumes of consumption of utility resources is determined by metering devices. The rights of citizens of the Russian Federation are protected by the state, Articles 2 and 15 of the Constitution of the Russian Federation and the Law on the Protection of Consumer Rights.

Clause 42.1 of Rule 354 determines the procedure for calculating heat from the actual presence of individual heat meters in an apartment building, which is practically impossible to achieve for many reasons. Law-abiding citizens of the Russian Federation should not suffer from violators of order and laws. The procedure for calculating heat should be determined by the design of the building: “if at least one room in an apartment building cannot be equipped with a heat meter, then heat insulation units cannot be installed in all rooms.”

In order for owners to install meters, Government Decree N1380 of the Russian Federation was put into effect and formula 3.3 for heating calculations of Rule 354 was adopted.

In paragraph 81 of Rules 354, specifically indicate the document determining the presence/absence of the possibility of installing heat metering devices.

The cost of installing a heat meter costs an average of 20-25 thousand rubles.

The question is who will spend money and time on installing a heat meter if they don’t count on it? And the reason for the refusal is funny, because the drunkard neighbor did not install it, did not trust it in time, or the neighbor is on a long business trip and cannot replace the meter in a timely manner, the apartment is under arrest.

Starkova Nadezhda Vasilievna

Member of the Council of House 8 Order Bearers, Yekaterinburg, 620010

[email protected]

COMMENTS

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Tosya
21.02.2019, 11:28

It will take a very long time before they come to a common consensus, because... paying residents under ISP is not profitable for the management company, and the current formulas, to put it mildly......

Catherine
15.08.2018, 17:21

On July 10, 2018, the Constitutional Court of the Russian Federation declared the provisions of Part 1 of Art. 157 of the Housing Code of the Russian Federation, as well as paragraphs 3 and 4 of clause 42.1 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings. As the Constitutional Court indicated, the federal legislator should make the necessary changes to the current legal regulation, providing for a more efficient and fair procedure for determining payments for thermal energy.

And how much time will it take to eliminate unconstitutionality and violation of the principles of legal certainty, fairness and proportionality of restrictions on rights and freedoms, as well as the balance of constitutionally significant values, public and private interests. Months or Years?