9 Decree of the Government of the Russian Federation 354. Decree of the Government on the provision of utilities to owners and users of premises in apartment buildings and residential buildings - Rossiyskaya Gazeta

Irina, good afternoon!

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

SUPREME COURT OF THE REPUBLIC OF ALTAI

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

presiding - Solopova I.V.,
judges - Krasikova O.E., Chertkova S.N.,
with the secretary - T.K.,
examined at the hearing the case on appeal Shch.S. on the decision of the Gorno-Altai City Court of the Republic of Altai dated<дата>, which decided
statement of claim open joint-stock company"Altayenergosbyt" to satisfy.
Collect in favor of the open joint stock company «Altayenergosbyt» with Shch.S. debt in total<данные изъяты>, the cost of paying the state fee<данные изъяты>.
After hearing the report of Judge Chertkov S.N., the Board of Appeal

installed:

OAO Altaienergosbyt filed a lawsuit against Shch.S. on the recovery of debt under the act of unaccounted for electricity consumption. The plaintiff's claims are motivated by the fact that relations with the defendants for the supply electrical energy and concluded a public contract for energy supply.<дата>employees of the network organization MUP "Gorelectroseti" checked the electricity meter type<данные изъяты>, as a result of which violations were revealed, about which an act was drawn up on unaccounted for electricity consumption from<дата>N.<дата>employees of the network organization MUE "Gorelectroseti" re-checked the electricity meter type<данные изъяты>, as a result of which violations were revealed, about which an act was drawn up on unaccounted for electricity consumption N. According to acts N dated<дата>and N from<дата>calculations were made, the total amount of debt under acts on unaccounted for electricity consumption is<данные изъяты>. Based on the foregoing, the plaintiff asks to recover from the defendant the debt on acts of unaccounted consumption in the specified amount, as well as to recover the costs of paying the state fee.
The court rendered the above decision, on the annulment of which and the adoption of a new decision to refuse satisfaction claims asks in the appeal Shch.S., pointing out that the court incorrectly applied 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 the consumer Shch.S. on the date and time of access to the contractor's living quarters 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 the drafting of the acts was present<данные изъяты>SH.S. - Shch.Yu. does not matter because Shch.Yu. at the time of the checks 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 timing of the inspections. In a residential building at:<адрес>, where the meter is located, lives Shch.Yu. with your family. The appellant did not live in a residential building at the specified address at the time of the inspections. SH.S. and Sh.Yu. are not members of the same family in relation to each other, do not lead a common household. In addition, settlements to Act N for the period from<дата>on<дата>and to Act N for the period from<дата>on<дата>, the appellant considers not true. Determining the period for which unaccounted consumed electricity is subject to collection, the court of first instance did not take into account the provisions of para. 3 p. 195 of the Basic Provisions for the Functioning of Retail Electricity Markets, approved by the Government Decree Russian Federation from<дата>N 442. The last check of the meter before drawing up act N dated<дата>Was held<дата>. Since in the established paragraph 83 of the Rules for the provision of public 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 grid organization, then the starting date from which, according to clause 195 of the Basic Provisions, the volume of unmetered electricity consumption is calculated, will be<дата>. Similarly, the calculation of debt under Act N from<дата>, and since the last check of the meter before drawing up this Act was carried out<дата>, then the starting date for calculating the volume of unmetered electricity consumption will be<дата>. Thus, under Act N, the debt is for the period from<дата>on<дата>and is<данные изъяты>, and according to Act N for the period from<дата>on<дата> - <данные изъяты>. The conclusion of the court of first instance on satisfaction of the claim in the amount<данные изъяты>cannot be recognized as corresponding to the substantive law and the actual circumstances of the case.
After checking the case file, discussing the arguments of the appeal, after hearing Shch.S. and his representative T.A., who supported the appeal, the appellate board finds no reason to cancel the court decision held 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 court of appeal considers the case within the limits of the arguments set forth in the appeal, presentation and objections to complaints, presentations. Otherwise, it would be contrary to the dispositive beginning of civil proceedings, arising from the peculiarities of disputed 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 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 establish the principle of adversarial civil proceedings and the principle of equality of the 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 file and established by the court of first instance, a residential building located at:<адрес>(currently<адрес>) is owned by Shch.S. SH.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, an 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 comply with the mode of its consumption provided for by the agreement, ensure the safety of operation of the energy networks under his control and the serviceability of the devices used by him 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 when a citizen using energy for household consumption, the contract is considered concluded from the moment of the first actual connection of the subscriber in in due course to the attached network.
Between the plaintiff and the defendant entered into a public contract energy supply household consumption, in the name of the subscriber Shch.S. a personal account N 130215186 was opened, the defendant was connected to the networks of OAO Altayenergosbyt. From the card of the consumer Shch.S. it follows that the actual relations for the supply of electricity between the parties have developed since 2008. This fact is also confirmed by the supply of electricity to the specified residential premises, and its payment by the defendant.
By virtue of h. 1 Article. 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 the energy metering data, unless otherwise provided by law, other legal acts or agreement of the parties.
By virtue of h. 1 Article. 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, instruments, equipment, comply with the established mode of energy consumption, and immediately inform the energy supply organization about accidents, fires, malfunctions of energy meters and other violations that occur when using 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, instruments and equipment, as well as the procedure for monitoring their compliance are determined by law, other legal acts and the 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 agreement, 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 paragraphs 192 - 193, paragraph 2 of the Basic Provisions for the Functioning of Retail Electricity Markets, the complete and (or) partial restriction of the mode of consumption of electric energy, approved by Decree of the Government of the Russian Federation N 442 of 05/04/2012 on the fact of identified unaccounted or non-contractual consumption electric energy, the network organization draws up an act on unaccounted for consumption of electric energy.
It follows from these norms that the fact of unmetered electricity consumption is subject to fixation 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.
The document confirming the fact of unmetered electricity consumption, in accordance with the specified provisions, is the corresponding act.
In accordance with Art. 13 of the Federal Law N 261-FZ of November 23, 2009 "On Energy Saving and on Increasing Energy Efficiency and on Amending Certain Legislative Acts of the Russian Federation", produced, transmitted, consumed energy resources are subject to mandatory registration using metering devices 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.
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, provides that the consumer is obliged to ensure that electrical installations are maintained in working condition and their operation in accordance with the requirements of the rules and other regulatory and technical documents.
The rules for accounting for electric energy, approved by the Ministry of Fuel and Energy of the Russian Federation on September 19, 1996, define metering devices: metering devices - a set of devices that provide measurement and metering of electricity (measuring current and voltage transformers, electricity meters, telemetric sensors, information-measuring systems and their communication lines) and interconnected by established scheme.
In accordance with clause 2.1 of the Electricity Accounting Rules, the main purpose of electricity accounting is to obtain reliable information on the production, transmission, distribution and consumption of electricity in the wholesale and retail electricity markets.
The means of accounting for electrical energy and monitoring its quality must be protected from unauthorized access to exclude the possibility of distorting the measurement results, which is indicated in paragraphs. 3.5 p. 3 of the Rules for Accounting for Electricity dated 19.09.1996.
From clause 81 of the Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of 05/06/2011 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 obligation to ensure the operation of the installed and put into operation metering device, the safety and integrity of the metering device, as well as seals and (or) signs of visual control, the removal and storage of its readings, and the timely replacement rests with the owner of such a device accounting. At the same time, the operation of the meter for the purposes of this document means the performance of actions that ensure the functioning of the meter in accordance with its purpose at the entire stage of its operation. life cycle from the date of its admission to operation until its failure, including, among other things, inspections of the metering device, Maintenance(if necessary) and timely verification.
In accordance with paragraph 2.11.17 of the Rules for the technical operation of consumer power plants, the consumer is obliged to immediately notify the energy supply organization of all defects or cases of failure in the operation of electric energy settlement meters. The consumer is responsible for the safety of the settlement meter, its seals and for the compliance of electricity metering circuits established requirements.
Consequently, the obligation to ensure the operation of the installed and approved metering device, the safety and integrity of the metering device, as well as seals and (or) signs of visual control, the removal and storage of its readings, and the timely replacement rests with the owner of such a metering device.
According to the meaning of the above norms, breaking the connection in the form of twists at the input to the metering device, changing the connection scheme (zero on the first terminal, phase on the third terminal), malfunction of the metering device, lack of a seal on the terminal cover, access to live parts up to the metering device, is the basis for recognizing electricity consumption as unmetered, since there is no objective possibility to determine the actual consumption of electricity consumption by a subscriber.
According to the act to the electricity supply agreement dated<дата>with household consumer Shch.S., an estimated electric meter was installed and registered in the defendant's house<данные изъяты>with filling<данные изъяты>, the electric meter is switched on by correct scheme.
SH.S. is a subscriber of an energy supplying organization and, by virtue of the above legal requirements, is obliged to pay for the received energy, comply with safety regulations when using energy, maintain in-house electrical wiring, relevant devices and devices related to energy consumption in good order.
<дата>employees of MUP "Gorelectroseti" checked the metering device for the consumption of electrical energy in a residential building at the address:<адрес>and act N was drawn up on unaccounted for electricity consumption. When examining a metering device installed in a residential area, unmetered consumption was recorded, expressed in the fact that there is a break in the 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 metering device.
Also, according to Act N on unaccounted for electricity consumption, a room and a kitchen are used, the number of residents<данные изъяты>, installed: microwave oven and electric kettle, there are 3 sockets and 4 light bulbs, the data of the electric meter are given:<данные изъяты>. Signatures of the person who drew up the act and the representative of the consumer Shch.Yu. there are, according to the explanations of which: “I applied for a replacement of the meter, they said that the owner should come.”
<дата>a representative of MUP "Gorelectroseti" drew up an act N on unaccounted for electricity consumption for individuals on the fact of violation of the rules for accounting for electrical energy in the consumer's house Shch.S. by the address:<адрес>, expressed as follows: there are two breaks on the input wire to the metering device, one of which is under the shield where the metering is installed, on each core in the form of twists, the other gap before passing through the wall from the side of the street; change in the connection diagram (zero on the first terminal, phase on the third terminal), the meter is not working, there is no seal on the terminal cover, there is access to live parts to the meter. The act indicates that the room and kitchen are used, the number of residents<данные изъяты>, installed: microwave oven, electric kettle refrigerator, there are 3 light bulbs, the data of the electric meter are given:<данные изъяты>. Signatures of the person who drew up the act and the representative of the consumer Shch.Yu. There are, according to the explanations of which: “the owner is the father, all problems regarding the house are solved 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 of May 4, 2012 N 442 “On the Functioning of Retail Electricity Markets, Full and (or) Partial Restriction of the Electricity Consumption Mode” (hereinafter according to the text - Basic Provisions) on the fact of revealed unaccounted or contractless consumption of electrical energy, the network organization draws up an act on unaccounted for consumption of electrical energy, which should contain data on the person carrying out unaccounted or contractless consumption of electrical energy; on the method and place of unaccounted or uncontracted consumption of electrical energy; about metering devices at the time of drawing up the act; on the date of the previous check of metering devices - in case of detection of unmetered consumption, the date of the previous check technical condition electric grid facilities in the place where non-contractual consumption of electric energy is detected - in case of non-contractual consumption; explanations of the person carrying out unaccounted or non-contractual consumption of electrical energy regarding the revealed fact; comments on the drafted act (if any).
As follows from the Acts on unaccounted for electricity consumption N from<дата>and N from<дата>, they are compiled upon the discovery of unauthorized interference in the work of accounting, which led to the distortion of the readings of such a meter. These circumstances were not denied by the defendant, and therefore, the Board of Appeal concludes that in this case there was an unauthorized connection.
Since the metering device installed in the defendant's house did not properly measure electricity, the power supply company was entitled not to take its readings into account when determining the amount of payment for consumed electricity.
If there is an act on unaccounted for consumption of electrical energy, the supplier of last resort has the right to submit a claim to the consumer for reimbursement of the cost of the identified volume of unaccounted for consumption of electrical energy.
It is impossible to agree with the argument of the complaint about the incorrectness of the amount of debt calculated on the basis of acts.
By virtue of clause 172 of the Basic Provisions N 442, checks of settlement 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 05/06/2011 N 354) establish that checks of metering devices must be carried out by the contractor at least once a year, and if the checked metering devices are located in the consumer's living quarters, then no more than 1 time in 6 months.
According to paragraph 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 non-metered consumption of electrical energy (power) is determined from the date of the previous control check of the meter (if such a check was not carried out as scheduled, then it is determined from the date no later than which it should have been carried out in accordance with this document) until the date revealing the fact of unaccounted consumption of electrical energy (capacity) and drawing up an act 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 05/06/2011 N 354), if it is impossible to establish the date of unauthorized connection or interference with the operation of the meter, then additional accrual must be made starting from the date of the previous check by the contractor, but not 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 under Act N from<дата>for 6 months (from<дата>floor<дата>) for electrical appliances located at the consumer: microwave ovens, with a power of 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>on<дата>for electrical appliances located at the consumer: microwave ovens, with a power of 0.60 kW; electric kettle, power 2.0 kW; refrigerator, power 0.12 kW, payable<данные изъяты>.
Evidence confirming the need to use other values ​​when calculating the cost of unmetered electricity consumption was not presented by the defendant to the court.
Taking into account the above legal norms, given that the electricity meter did not meet the established requirements and during the disputed period the proper accounting of consumed energy was not carried out, the calculations of unmetered consumption of Shch.S. electrical energy are legitimate, drawn up no more than six months prior to the audit, 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.
Upon the revealed unaccounted consumption of electric energy by the 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 N 442 dated May 4, 2012, acts were drawn up on unaccounted for consumption of electric energy (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 (non-accounting) consumption of electrical energy (clause 84 of these Basic Provisions).
As follows from the case file, Shch.Yu. is a family member<данные изъяты>) Shch.S., and enjoys the living quarters by virtue of family relations with the consent of the defendant, the acts were drawn up in his presence. Evidence of existence between Shch.Yu. and the defendant of other (non-family) relations, with which the law connects the grounds for the consumption of utilities, neither the court of first instance nor the court of appeal are presented.
The Court of Appeal 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 operates.
Thus, Shch.Yu. based on the situation that existed at the time of the acts, was the proper representative of the defendant Shch.S.
Within the meaning of clause 177 of the Basic Provisions, notification of the consumer is necessary to ensure access for representatives of the supplier of last resort and the grid 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 acts did not lead to an incorrect reflection of the actual circumstances established during inspections.
Assessing the acts on unaccounted for electricity consumption and settlement sheets for them, submitted by the plaintiff as evidence of the defendant's violation of the rules for accounting for electricity, the appellate board concludes that these documents comply with the requirements of clauses 193, 195 of the Basic Provisions for the Functioning of Retail Electricity Markets, approved by the Decree of the Government of the Russian Federation dated 04.05.2012 N 442.
Despite the fact that Shch.S. he has not registered the ownership of the residential premises belonging to him, 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 utility bills.
Since the defendant did not provide evidence of repayment of the cost of unaccounted for electricity consumption or termination of this obligation in another way prescribed by law, as well as the fact that there was no appeal to the relevant organizations with statements about damage to the connection at the input to the meter, malfunction of the meter, lack of a seal on the terminal cover and access to the current-carrying parts to the metering device by the defendant is not refuted, the trial court rightly recovered the said amount from Shch.S. in favor of the plaintiff.
The appellant's indications of disagreement with the assessment of evidence cannot be taken into account, since all the evidence listed by the court was given a proper assessment in their totality, in accordance with the provisions of Art. 67 Code of Civil Procedure of the Russian Federation, and the Board of Appeal sees no grounds for a different assessment of them.
In general, the arguments of the appeal are based on a subjective, erroneous interpretation of the norms of substantive and procedural law by the complainant, therefore they cannot be recognized as justified and serve as a basis for canceling the court decision.
References to new circumstances that were not the subject of the study of the court of first instance and could affect the conclusions of the court are not contained in the complaint. The appellate board has no grounds for reassessment of 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 norms of substantive and procedural law were not violated, the court's conclusions correspond to the evidence 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 satisfaction of the appeal and for the cancellation of 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:

The decision of the Gorno-Altai City Court of the Republic of Altai dated<дата>upheld, the appeal Shch.S. - without satisfaction.

presiding
I.V. SOLOPOVA

Judges
O.E.KRASIKOVA
S.N. CHERTKOV

Relations between public utilities and citizens are governed by the rules for the provision of public services by the RF Government Resolution No. 354, as amended in 2017. Read the article about the basic rights and obligations of consumers and suppliers of housing and communal services, as well as disputes between the parties.

from the article you will learn:

Since 2011, the interaction between consumers of housing and communal services and those who provide them has been described in Government Decree No. 354 - the rules for the provision of communal services. This piece of legislation is regularly updated. The latest revision was released on September 9, 2017.

Rules for the provision of utility services according to RF PP No. 354

Until 2011, the relationship between consumers and public utilities was regulated by RF PP No. 307. With the entry into force of the RF GD No. 354, many rules have changed. Among other things, the following innovations appeared in the resolution:

  • introduced ODN, often becoming the cause of disputes between citizens and management companies;
  • it became possible to check the quality of provided public services with the help of expertise;
  • the period of debt for disconnecting services was reduced from 6 to 3 months;
  • it became possible to pay for housing and communal services directly to resource workers;
  • consumers received the right to install metering devices in separate rooms (this is necessary mainly in communal apartments), and so on.

In general, the purpose of the document remained the same, although its volume doubled. Obviously, every year there are more and more nuances that need to be included in the rules for the provision of public services. For this reason, there are changes in the decision. The explanations prepared by specialists working in the housing and communal services sector help to understand them.

What is included in the list of utilities?

Obtaining public services is one of the basic rights of a citizen of the Russian Federation, regardless of his place of residence. Required list HCS is supplied to homes on a permanent basis throughout the year. The only exception is heating. Heat is supplied according to a special regulation issued in each region, depending on weather and climatic conditions.

The rules for the provision of utilities allow the shutdown of all types of resources in case of repairs or accidents. For such situations, the maximum allowable duration is indicated. It is calculated for the reporting period. If during this period the number and duration of utility outages exceed established norms, then tenants can formally file a claim.

We list the types of public services that citizens should be provided with.

1. Power supply. Its submission is mandatory, and any interruption is considered an extreme situation and is eliminated as soon as possible. Electricity is supplied without interruption at any time of the day. Its capacity, according to the rules for the provision of public services, must meet the needs of residents.
2. Cold water supply. Innings cold water carried out on a citywide or local network. If it turns off, then delivery will be arranged. drinking water to the column within walking distance. When supplying water, the following requirements are mandatory:
- compliance with sanitary standards;
- proper pressure;
- uninterrupted supply.
3. Hot water supply. The supply is carried out through the central water supply. In its absence, common house or intra-apartment heating devices are used.
4. Disposal of sewage. When water is brought in, its removal is also arranged in parallel. The sewerage system in the dwelling includes common pipe(riser) and pipes going to it from each of the points of water intake.
5. Heating. During the cold season is available around the clock. The rules for the provision of utilities determine the minimum air temperature that must be maintained in the home.
6. Gas. Houses are most often connected to the gas supply using the main gas pipeline. If it is not available, then it is permissible to use gas from replaceable cylinders or storage facilities specially equipped for it.

The set of utilities depends on the level of home improvement and can vary significantly. If tenants do not receive any resources, then the amount of monthly payment for housing and communal services will be lower. All these points are prescribed in the contract with the service organization.

Changes in Government Decree 354 for 2017-2018

The rules for the provision of public services to citizens in 2017, defined in the RF GD No. 354, once again received a number of changes. The adjustments relate to the most relevant issues for consumers and public utilities. Here are some important updates:

  • parking spaces began to be considered non-residential premises and individual real estate objects;
  • public utilities have the right to install control seals and other devices to track illegal interference in the operation of metering devices;
  • management companies can be fined for unreasonably high rates. This requires a consumer request.

The rules for the provision of public services 354 with changes can be found directly on our website. In the article you will find a link to the current version of this document.

Payment for utility services

Consumers of housing and communal services are obliged to pay them in full every month. Along with duties, citizens also receive a certain set of rights. Utilities must be of an appropriate quality. If the management company does not properly fulfill its obligations, tenants can terminate the contract with it and choose another organization.

In addition to the resources listed above, the consumption of which is monitored by meters or standards, residents pay for a number of other services. The invoice includes the following expenses:

  • for maintenance high-rise building;
  • for execution overhaul;
  • maintenance of elevators (if any);
  • for the export of solid household waste;
  • for cleaning entrances, adjoining territory and other common property;
  • to pay for intercoms.

According to the rules for the provision of public services, all these expenses are calculated in the management company and entered into the receipt. In some cases, it forms enough a large number of points that are not always possible to deal with the first time. Moreover, each figure must have a justification. Any article fits in in accordance with the current tariffs and prices.

In the receipt, expenditure items are divided into personal, related to a particular apartment, and general house consumption. Many categories of citizens have benefits for paying utility bills. They are indicated as a justification for applying the reduced tariff.

Rights and obligations of consumers and service providers

The rules for the provision of utilities provide strict regulation of the legal relationship between utility providers and their consumers. Chapters 4 and 5 are devoted to this.

The service organization, in accordance with its set of rights and obligations, must (may):

  • timely provide residents of CU. It is engaged not only in providing the resources specified in the contract with the consumer, but also serves the territory adjacent to the high-rise building, common and apartment premises;
  • accept requests for repairs and execute them, timely troubleshoot, maintain the house in good condition;
  • demand timely payment for services deadlines, accrue penalties and fines for their violations. At the same time, the receipt must necessarily indicate the period in which the consumer needs to deposit money;
  • receive compensation from the state for beneficiaries paying utility bills at reduced rates;
  • monitor how the rules of operation are observed engineering networks and technical means;
  • check the meters installed in the apartments, the state of communications;
  • have access to all premises.

In accordance with the rules for the provision of public utilities, the management companies themselves conclude contracts with utility providers. Residents should be alerted to emergencies that concern them. Announcements about repairs, deadlines for eliminating accidents and other deviations are posted on boards accessible to all residents.

Consumers have their own rights and obligations. In particular, they must (may):

  • receive quality services in required amount;
  • apply for verification of the calculations made with the correction of detected errors;
  • receive acts and other relevant legal force documents that confirm the damage from accidents for its further compensation;
  • be sure to report to emergency services about force majeure situations;
  • timely and fully pay for the received housing and communal services.

The rules for the provision of public services warn consumers against various unauthorized actions. If found, significant fines can be imposed.

Settlement of disputes between consumers and utility providers

The main disputes in the field of housing and communal services are related to:

  • delayed payments by consumers;
  • the commission of unlawful actions by tenants (interference with the work of meters, damage to common house property, and so on);
  • erroneous calculation of payment for CU;
  • failure of the service organization to fulfill its obligations.

The Criminal Code, according to the rules for the provision of public services, can deal with non-payers of penalties and the disconnection of supplied resources. Contractual debtors can meet halfway and provide installments to repay the debt. Illegal acts are punishable by fines. They can be imposed and collected, including in court.

Consumers in the presence of a complaint turn, first of all, to the management company itself. Most violations are eliminated in this way. In addition to the UK itself controversial situations may be considered:

  • the administration of the municipality;
  • housing inspection;
  • Rospotrebnadzor;
  • the prosecutor's office;
  • court.

Attached files

  • Rules for the provision of public services to citizens according to the RF PP No. 354.doc

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

The state has obligated the owners to equip their premises with meters to account for the consumption of communal resources. (Art. 13 261 of the Federal Law, Art. 157 of the LC, Clause 80 of Rules 354). According to Article 13 261 of the Federal Law, clauses 81, 31g, 31a, 33a of Rules 354, Rules 1034, a house management agreement for meters accepted for work should be charged for consumed utility resources from the 1st day of the next reporting period. And also the owners have the right to receive, as well as Management Company provide communal resources of adequate quality in the required volumes. Accounting for the volume of consumption of communal 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 Rules 354 determines the procedure for calculating heat from the actual availability 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 it is impossible to install a heat meter in all rooms.”

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

In paragraph 81 of Rules 354, specifically indicate the document that determines the presence / absence of the possibility of installing heat meters.

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 the installation of a heat meter, if they do not count on it? And the reason for the refusal is ridiculous, because the neighbor, the drunkard, did not install it, did not believe it in time, or the neighbor is on a long business trip and cannot replace the meter in time, the apartment is under arrest.

Starkova Nadezhda Vasilievna

member of the Council of the House of 8 Order Bearers, Ekaterinburg, 620010

[email protected]

COMMENTS


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Tosya
21.02.2019, 11:28

for a very long time they will not come to a single consensus, because paying tenants for IPU is not beneficial for the management company, but valid formulas to put it mildly......

Catherine
15.08.2018, 17:21

On July 10, 2018, the Constitutional Court of the Russian Federation declared unconstitutional the provisions of Part 1 of Art. 157 of the Housing Code of the Russian Federation, as well as paragraphs 3 and 4, 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 pointed out, the federal legislator should make the necessary changes to the current legal regulation, providing for a more efficient and fair procedure for determining payment for heat 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?

In accordance with Article 157 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

1. Approve the attached:

Rules for the provision of public services to owners and users of premises in apartment buildings and residential buildings;

changes that are made to the resolutions of the Government of the Russian Federation on the provision of public services.

2. Establish that the Rules approved by this resolution:

a) apply to relations arising from previously concluded agreements containing the conditions for the provision of public services, in terms of the rights and obligations that arise after the entry into force of these Rules;

b) do not apply to relations that arise during the supply of gas to meet the household needs of citizens and the regulation of which is carried out in accordance with the Rules for the supply of gas to meet the household needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 N 549 ;

c) come into force after 2 months from the date of entry into force of the changes that are made to the Rules for establishing and determining the standards for the consumption of utility services specified in paragraph four of subparagraph "b" of paragraph 4 of this resolution.

3. Establish that the Ministry of regional development Russian Federation.

4. To the Ministry of Regional Development of the Russian Federation:

a) within 2 months, submit, in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal bodies executive power proposals to the Government of the Russian Federation on improving the Rules for the supply of gas to meet domestic needs of citizens, approved by Decree of the Government of the Russian Federation of July 21, 2008 N 549, and the main provisions for the functioning of retail electricity markets, approved by Decree of the Government of the Russian Federation of August 31, 2006 Mr. N 530;

b) within 3 months:

approved in agreement with Federal Service by tariffs approximate form a payment document for making payments for the maintenance and repair of residential premises and the provision of public services, as well as guidelines for its completion;

approve in agreement with the Federal Antimonopoly Service exemplary conditions apartment building management contracts;

submit in agreement with the Ministry economic development of the Russian Federation and the Federal Tariff Service in accordance with the established procedure to the Government of the Russian Federation a draft act on amendments to the Rules for establishing and determining standards for the consumption of utilities, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306, providing, among other things:

exclusion from the volumes of communal resources taken into account when determining the standards for the consumption of communal services in a residential building, the volumes of communal resources provided for the maintenance of common property apartment building, and normative technological losses of communal resources;

the procedure for establishing standards for the consumption of utilities for general house needs;

the procedure for establishing standards for the consumption of utilities, with the exception of gas supply, when using land plot and outbuildings;

c) within 5 months, approve, in agreement with the Ministry of Economic Development of the Russian Federation, the approximate terms of an energy service agreement aimed at saving and (or) increasing the efficiency of utility consumption when using common property in an apartment building;

d) within 6 months to approve the criteria for the presence (absence) technical feasibility installation of individual, common (apartment), collective (common house) metering devices, as well as the form of an inspection report to establish the presence (absence) of the technical feasibility of installing such metering devices and the procedure for filling it out.

5. Recommend to authorities state power of the constituent entities of the Russian Federation to approve the standards for the consumption of utilities in residential premises, the standards for the consumption of utilities for general house needs, the standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force of changes that are made to the Rules for establishing and determining standards consumption of utilities specified in paragraph four of subparagraph "b" of paragraph 4 of this resolution.

6. Recognize as invalid from the date of entry into force of the Rules approved by this resolution:

Decree of the Government of the Russian Federation of May 23, 2006 N 307 "On the procedure for the provision of public services to citizens" (Collected Legislation of the Russian Federation, 2006, N 23, Art. 2501);

clause 3 of Decree of the Government of the Russian Federation of July 21, 2008 N 549 "On the procedure for supplying gas to meet the domestic needs of citizens" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2008, N 30, art. 3635);

paragraph 5 of the amendments that are made to the acts of the Government of the Russian Federation approved by Decree of the Government of the Russian Federation of July 29, 2010 N 580 "On the amendment and invalidation of certain acts of the Government of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2010, N 31, Art. 4273).

Prime Minister
Russian Federation
V. Putin

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