Government decree numbered 354. Recalculation for utilities under the law

Irina, good afternoon!

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

SUPREME COURT OF THE REPUBLIC OF ALTAI

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

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

established:

OJSC "Altayenergosbyt" filed a lawsuit against Shch.S. on debt collection under the act on unaccounted electricity consumption. The plaintiff's claims are motivated by the fact that relations have been established with the defendants on the supply of electricity and a public power supply contract has been concluded.<дата>the employees of the network organization MUP "Gorelektroset" carried out a check of the electricity meter type<данные изъяты>, as a result of which violations were revealed, about which an act was drawn up on unaccounted electricity consumption from<дата>N.<дата>employees of the network organization MUP "Gorelektrosetti" conducted a second check of the electricity meter type<данные изъяты>, as a result of which violations were revealed, about which an act was drawn up on unaccounted electricity consumption N. According to acts N from<дата>and N from<дата>calculations were made, the total amount of debt under the acts on unaccounted electricity consumption is<данные изъяты>... On the basis of the foregoing, the plaintiff asks to recover from the defendant the debt under the acts of unaccounted consumption in the specified amount, as well as to recover the costs of paying the state fee.
The court made the above decision, the cancellation of which and the adoption of a new decision on the refusal to satisfy the claims asks Shch.S. in the appeal, 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 a third party presented evidence confirming the consumer's notification Sh.C. on the date and time of access to the performer's living quarters to check the meter. Accordingly, Acts N and N on unaccounted consumption were drawn up in violation of the procedure prescribed by law, and therefore cannot be admissible evidence indicating unaccounted electricity consumption. The fact that when the acts were drawn up was present<данные изъяты>S. - Sch.Yu. does not matter, since Shch.Yu. at the time of the inspections of the metering device did not have a properly executed power of attorney, allowing to act on behalf of the consumer Sh.C. and the 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 my family. The appellant did not live in the residential building at the specified address at the time of the checks. S. and Shch.Yu. are not members of the same family in relation to each other, do not run 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 the unaccounted for consumed electricity is subject to collection, the court of first instance did not take into account the provisions of par. 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. The last check of the meter before drawing up the act N from<дата>Was held<дата>... Since in the established clause 83 of the Rules for the provision of utilities to the owners and users of premises in apartment buildings and residential buildings, approved by the Decree of the Government of the Russian Federation from<дата>N verification measures in relation to the metering device were not carried out by the grid organization, then the starting date from which, in the meaning of clause 195 of the Basic Provisions, the volume of unaccounted 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 initial date for calculating the volume of unaccounted 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>... Conclusion of the court of first instance on the satisfaction of the claim in the amount<данные изъяты>cannot be recognized as complying with the norms of substantive law and the factual circumstances of the case.
After checking the case materials, discussing the arguments of the appeal, hearing Sh.S. and his representative T.A., who supported the appeal, the appellate board finds no grounds for canceling the court ruling 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 shall consider the case within the limits of the arguments set forth in the appeal, presentation and objections to complaints, presentation. Anything else would contradict 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 of the Code of Civil Procedure of the Russian Federation, the content of which should be considered in the context of the provisions of clause 3 of Art. 123 of the Constitution of the Russian Federation and Art. 12 of the Code of Civil Procedure of the Russian Federation, enshrining the principle of adversarial nature of 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 materials of the case and established by the court of first instance, a residential building located at:<адрес>(currently<адрес>) belongs to the common property of Shch.S. 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 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 provided for by the agreement, to ensure the safety of operation of the energy networks under its control and the serviceability of the devices it uses, 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 acts as a subscriber under an energy supply contract, the contract is considered concluded from the moment the subscriber is actually connected to the connected network for the first time in accordance with the established procedure.
Between the plaintiff and the defendant, a public agreement on energy supply for household consumption was concluded in the name of the subscriber Sh.S. personal account N 130215186 was opened, the respondent was connected to the networks of OJSC Altayenergosbyt. From the consumer card Ш.С. it follows that the actual relationship on the supply of electricity between the parties has been established 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 metering 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, observe the established regime of energy consumption, and also immediately inform the energy supplying organization about accidents, fires, malfunctions of energy metering devices and other violations arising from 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 the 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 clauses 192 - 193, clause 2 of the Basic Provisions for the Functioning of Retail Electricity Markets, the complete and (or) partial limitation of the mode of consumption of electrical energy, approved by Decree of the Government of the Russian Federation No. of electrical energy, the network organization draws up an act on unaccounted consumption of electrical energy.
It follows from these norms that the fact of unaccounted electricity consumption must be recorded 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 05/04/2012 N 442.
The document confirming the fact of unaccounted electricity consumption, in accordance with these provisions, is the corresponding act.
In accordance with Art. 13 of Federal Law No. 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 accounting using metering devices for energy resources used. Calculations for energy resources should be carried out on the basis of data on the quantitative value of energy resources produced, transferred, consumed, determined with the help of metering devices for used energy resources.
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 the maintenance of electrical installations in working order and their operation in accordance with the requirements of the rules and other regulatory and technical documents.
The electricity metering rules approved by the Ministry of Fuel and Energy of the Russian Federation on September 19, 1996 define metering means: metering means - a set of devices that measure and account for electricity (current and voltage measuring transformers, electricity meters, telemetric sensors, information measuring systems, etc.) their communication lines) and interconnected according to the established scheme.
In accordance with clause 2.1 of the Electricity Metering Rules, the main purpose of electricity metering is to obtain reliable information on the production, transmission, distribution and consumption of electricity in the wholesale and retail electricity markets.
Means for metering 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, clause 3 of the Rules for accounting for electrical energy dated September 19, 1996.
From clause 81 of the Rules for the provision of utilities 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 maintenance, safety and timely replacement must be provided 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 approved metering device, the safety and integrity of the metering device, as well as seals and (or) visual control signs, the removal and storage of its readings, the timely replacement is imposed on the owner of such a device accounting. At the same time, the operation of a metering device for the purposes of this document is understood to mean the implementation of actions that ensure the functioning of a metering device in accordance with its purpose at the entire stage of its life cycle from the date of its admission 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 consumers' power plants, the consumer is obliged to immediately notify the energy supplying organization about all defects or cases of failure in the operation of calculating electricity meters. The consumer is responsible for the safety of the settlement meter, its seals and for the compliance of the electricity metering circuits with the 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) 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 norms, a break in the connection in the form of twists at the input to the metering device, changing the connection diagram (zero at the first terminal, phase at the third terminal), malfunction of the metering device, lack of a seal on the terminal cover, access to live parts to the metering device is the basis for recognizing electricity consumption as unaccounted for, since there is no objective opportunity to determine the actual consumption of electricity consumption by the subscriber.
According to the act to the power supply contract from<дата>with a household consumer Sh.C., a settlement electric meter was installed and registered in the defendant's house<данные изъяты>with a seal<данные изъяты>, the electricity meter is turned on according to the correct scheme.
S. is a subscriber of the energy supplying organization and, by virtue of the above legislative requirements, is obliged to pay for the received energy, comply with safety rules for the use of energy, maintain the electrical wiring in the apartment, the corresponding devices and devices associated with energy consumption.
<дата>the employees of MUP "Gorelectroset" carried out an inspection of the metering device for the consumption of electrical energy in the residential premises at the address:<адрес>and an act N was drawn up on unaccounted electricity consumption. When examining a metering device installed in a dwelling, unaccounted 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 at the first terminal, phase at the third terminal), the metering device is faulty (the digital display is not displayed), there is access to the live parts to the meter.
Also, according to Act N on unaccounted 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 consumer's representative Shch.Yu. there are, according to the explanations of which: "I applied to replace the meter, they said that the owner should come."
<дата>the representative of MUP "Gorelektrosetti" drew up act N on unaccounted electricity consumption for individuals on the fact of violation of the rules for accounting for electrical energy in the consumer's house. 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 flap where the meter is installed, on each core in the form of twists, another break before passing through the wall from the side of the street; changing the wiring diagram (zero at the first terminal, phase at the third terminal), the meter is not working properly, there is no seal on the terminal cover, there is access to live parts to the meter. The act indicates that the room and the 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 consumer's representative Shch.Yu. there are, according to which: "the owner is the father, all problems regarding the house are solved by the father."
In accordance with clauses 192, 193 of the Basic Provisions for the Functioning of Retail Electricity Markets, approved by Resolution of the Government of the Russian Federation of 04.05.2012 N 442 "On the Functioning of Retail Electricity Markets, Full and (or) Partial Restriction of the Electricity Consumption Regime" (hereinafter according to the text - Basic Provisions) upon the revealed unaccounted or non-contractual consumption of electrical energy, the network organization draws up an act on unaccounted consumption of electrical energy, which should contain data on the person who uses unaccounted or non-contractual electrical energy consumption; on the method and place of implementation of unaccounted or non-contractual 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 unaccounted consumption, the date of the previous check of the technical condition of power grid facilities in the place where non-contractual consumption of electric energy was 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 compiled act (if any).
As follows from the Acts on unaccounted electricity consumption N from<дата>and N from<дата>, they were drawn up upon detection of unauthorized interference in the work of the metering, which entailed a distortion of the readings of such a meter. These circumstances were not denied by the defendant's side, and therefore, the appellate board concludes that in this case there was an unauthorized connection.
Since the metering device installed in the defendant's house did not carry out proper metering of electricity, the energy supplying 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 electricity consumption, the supplier of last resort has the right to present the consumer with a claim for reimbursement of the value of the revealed volume of unaccounted electricity consumption.
We cannot agree with the argument of the complaint about the incorrectness of the amount of debt calculated on the basis of the acts.
By virtue of paragraph 172 of the Basic Provisions N 442, checks of accounting metering devices are carried out at least once a year.
The provisions of clauses 82, 83 of the Rules for the provision of communal 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 inspections 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 unaccounted electricity consumption 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 revealing the fact of unaccounted consumption of electrical energy (power) and drawing up an act on unrecorded consumption of electrical energy.
In accordance with clause 62 of the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings (approved by Resolution of the Government of the Russian Federation of 05/06/2011 N 354), if the date of unauthorized connection or interference with the operation of the meter cannot be established, then additional charges must be made starting from the date of the previous check by the contractor, but no more than 6 months preceding the month in which an unauthorized connection or interference with the metering device was detected.
According to the calculation of the volume of unaccounted electricity consumed under Act N from<дата>in 6 months (from<дата>floor<дата>) for the electrical appliances at the consumer's premises: 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 consumed electricity to Act N for the period from<дата>on<дата>for the electrical appliances at the consumer's premises: microwave ovens, with a power of 0.60 kW; an electric kettle with a capacity of 2.0 kW; refrigerator, with a capacity of 0.12 kW, payable<данные изъяты>.
Evidence confirming the need to use other values ​​when calculating the cost of unaccounted electricity consumption, the defendant was not presented to the court.
Taking into account the aforementioned legal norms, given that the electricity meter did not meet the established requirements and during the disputed period, proper metering of the consumed energy was not carried out, the calculations of the unaccounted consumption of Sch.C. presented in the case materials. electrical energy are legitimate, drawn up no more than six months prior to the verification, and therefore, the arguments of the complaint in this part are untenable.
The Board of Appeals cannot agree with the arguments of the author of the complaint about inadmissibility as evidence of acts of unrecorded consumption.
On the fact of the revealed unaccounted consumption of electrical energy by the grid organization in the manner prescribed by clauses 192, 193 of the Basic Provisions for the Functioning of Retail Electricity Markets, approved by Decree of the Government of the Russian Federation No. persons) N from<дата>and N from<дата>, which were the basis for calculating the cost in the amount of the revealed non-contractual (unaccounted for) consumption of electrical energy (clause 84 of these Basic Provisions).
As follows from the materials of the case, Shch.Yu. is a family member (<данные изъяты>) Sh. S., and uses the living quarters by virtue of family relations with the consent of the defendant, the acts were drawn up in his presence. Evidence of the existence between Shch.Yu. and by the defendant, other (non-family) relations, with which the law connects the grounds for the consumption of utilities, were not presented to the court of first instance or 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, he was the proper representative of the defendant Sh.S.
Within the meaning of clause 177 of the Basic Provisions, the notification of the consumer is necessary to ensure access of the representatives of the last resort supplier and the network organization to the consumer metering devices or the consumer metering scheme.
In this case, when conducting inspections in a residential building belonging to the defendant, the fact of unaccounted consumption of electrical energy was established, therefore, access to the supply points is 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 the inspections.
Evaluating the acts on unaccounted electricity consumption and payment sheets for them, presented by the plaintiff as evidence of the defendant's violation of the electricity metering rules, the appeal board comes to the conclusion 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 Federation of 05/04/2012 N 442.
Despite the fact that S. he did not register 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 for by law to exempt him from paying for consumed utilities.
Since the defendant did not provide evidence of the repayment of the cost of unaccounted electricity consumption or the termination of the specified obligation in another manner 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 metering device, metering device malfunction, lack of a seal on the terminal cover and availability of access to the live parts up to the metering device was not refuted by the defendant's side, the court of first instance reasonably exacted the specified 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 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 sees no grounds for their 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, therefore, they 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 investigation of the first instance court and could have influenced the conclusions of the court. The appellate board has no grounds for re-evaluating the circumstances established by the court.
Under these circumstances, the court of appeal considers that the case was considered by the court of first instance fully and comprehensively, the norms of substantive and procedural law have not been violated, the conclusions of the court 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 satisfying the appeal, and there is no 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 Appeals

defined:

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

Presiding
I. V. SOLOPOVA

Judges
O.E. KRASIKOVA
S.N. CHERTKOV

The relationship between public utilities and citizens is governed by the rules for the provision of public utilities PP of the Russian Federation No. 354 as amended in 2017. Read about the basic rights and obligations of consumers and suppliers of housing and communal services, as well as disputes between the parties, in the article.

from the article you will learn:

Interaction between consumers of housing and communal services and those who provide them, since 2011, is described in the Government Decree No. 354 - the rules for the provision of communal services. This piece of legislation is regularly revised. Last revised on September 9, 2017.

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

Until 2011, the relationship between consumers and utilities was regulated by the RF Resolution No. 307. With the entry into force of the RF Resolution No. 354, many of the rules have changed. In particular, the following innovations appeared in the resolution:

• ODN introduced, often causing disputes between citizens and management companies;
• it became possible to check the quality of the provided utilities with the help of expertise;
• the debt period for disconnecting services was reduced from 6 to 3 months;
• it became possible to pay for housing and communal services directly to resources;
• 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 utilities. For this reason, changes appear in the decree. The explanations prepared by specialists working in the housing and utilities sector help to understand them.

What is included in the list of utilities?

Receiving utilities is one of the basic rights of a citizen of the Russian Federation, regardless of his place of residence. The necessary list of housing and communal services is supplied to dwellings on an ongoing basis throughout the year. The only exception is heating. Heat is supplied according to special regulations 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 exceeds the established norms, then tenants can officially file claims.

Let's list the types of public services that citizens should be provided with.

1. Power supply. Its filing 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 utilities, must meet the needs of residents.
2. Cold water supply. Cold water is supplied via a citywide or local network. If it turns off, then the delivery of drinking water to the water pump is organized 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. Drainage of sewage. When water is supplied, its diversion is also arranged in parallel. The sewerage system in the dwelling includes a common pipe (riser) and pipes going to it from each of the points of water intake.
5. Heating. In the cold season, it is carried out around the clock. The rules for the provision of utilities determine the minimum air temperature that must be maintained in a dwelling.
6. Gas. Houses are most often connected to the gas supply using the main gas pipeline. If it is not there, then it is permissible to use gas from replaceable cylinders or specially equipped storages 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 monthly payment for housing and communal services will be lower. All these points are spelled out in the contract with the service organization.

Changes in government decree 354 for 2017-2018

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

• parking spaces began to be considered non-residential premises and individual real estate objects;
• 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 appeal.

The rules for the provision of utilities 354, as amended, 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. Together with responsibilities, citizens also receive a certain set of rights. Utilities must be of adequate quality. If the management company does not properly perform its duties, residents 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, tenants pay for a number of services. Including, the following expenses are registered in the receipt:

• for the maintenance of a multi-storey building;
• to carry out major repairs;
• maintenance of elevators (if any);
• for the removal of solid household waste;
• for cleaning entrances, local area and other common property;
• to pay for intercoms.

According to the rules for the provision of utilities, all these costs are calculated in the management company and entered into the receipt. In some cases, a fairly large number of points are formed in it, which it is far from always possible to deal with the first time. Moreover, each figure must have a justification. Any article fits in accordance with the current tariffs and rates.

In the receipt, expenditure items are divided into personal, related to a specific apartment, and general household consumption. Many categories of citizens have benefits for housing and utility payments. They are indicated as justification for the application of the reduced tariff.

Rights and obligations of consumers and service providers

The rules for the provision of utilities provide a strict regulation of the legal relations between the suppliers of utilities and their consumers. Chapters 4 and 5 are devoted to this.

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

• timely provide residents of KU. 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, eliminate faults in a timely manner, maintain the house in good condition;
• demand timely payment for services in a timely manner, charge penalties and fines for their violations. At the same time, the receipt must contain a deadline in which the consumer needs to deposit money;
• receive compensation from the state for beneficiaries who pay for housing and communal services at reduced rates;
• control how the rules for the operation of engineering networks and technical means are observed;
• 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 communal services, the management companies themselves conclude contracts with the suppliers of housing and communal services. Residents should be alerted to emergency situations that affect them. Notices about repairs, deadlines for eliminating accidents and other deviations are posted on boards accessible to all residents.

Consumers are assigned their rights and obligations. Including, they must (may):

• receive services of proper quality in the required volume;
• apply for a check of the calculations made with the correction of the errors found;
• to receive acts and other legally binding documents, with the help of which the damage from accidents is confirmed for its further compensation;
• be sure to inform 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 they are identified, significant fines may be charged.

Settlement of disputes between consumers and utility providers

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

• late payments by consumers;
• the tenants committing illegal actions (interference with the work of meters, damage to common property, and so on);
• erroneous calculation of payment for KU;
• failure of the service organization to fulfill its duties.

The Criminal Code, according to the rules for the provision of utilities, can deal with non-payers of fines and the disconnection of supplied resources. Eligible debtors can be accommodated and provided with an installment plan to pay off the debt. Misconduct is punishable by fines. They can be imposed and recovered, including by court.

Consumers, if they have a complaint, first of all contact the management company itself. Most violations are eliminated in this way. In addition to the Criminal Code itself, controversial situations can be considered:

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

Attached files

• Rules for the provision of communal services to citizens under the PP of the Russian Federation No. 354.doc

Clause 61 of the Rules for the provision of utilities to owners and users of premises in apartment buildings and residential buildings, approved by the RF Resolution No. 354 of 06.05.2011 (hereinafter referred to as Rules 354), provides for the obligation of the utility contractor to recalculate if, when checking the accuracy of information about the readings of an individual metering device (hereinafter - IPU) discrepancies were revealed between the information provided by the consumer and the actual readings of the IPU. In this article, we will analyze the cases in which the recalculation is carried out in accordance with paragraph 61 of Rules 354, and the cases in which the specified norm is not applicable.

What does paragraph 61 of Rule 354 provide?

To quote paragraph 61 of Rule 354: “ 61. If, in the course of the contractor's verification of the reliability of the information provided by the consumer about the indications of individual, general (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, including the seals on it damaged, but there are discrepancies between the readings of the metering device (distributors) being checked and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service for the billing period preceding the check, then the contractor is obliged to recalculate the amount of payment for the utility service and send the consumer, within the time limits established for payment of utilities for the billing period in which the contractor carried out the check, a requirement to pay an additional charge for the utilities provided to the consumer, or a notification of the amount of payment for utilities, is unnecessary charged to the consumer. The amounts overpaid by the consumer are subject to offset when paying for future billing periods.

The recalculation of the size of the fee should be made based on the readings of the checked meter taken by the contractor during the check.

At the same time, unless the consumer proves otherwise, the volume (quantity) of the utility resource in the amount of the revealed difference in readings is considered consumed by the consumer during the settlement period in which the contractor carried out the check».

From the given norm follows:

1. Recalculation of utility bills is carried out in compliance with a number of requirements:
1.1. " The recalculation of the size of the board should be made based on the readings of the meter being checked, taken by the contractor during the check.»;
1.2. " The contractor is obliged ... to send to the consumer, within the time limits established for payment of utilities for the billing period in which the contractor carried out the check, a requirement to pay an additional charge for the utilities provided to the consumer or a notification of the amount of utility fees overcharged to the consumer. The amounts overpaid by the consumer are subject to offset when paying for future billing periods»;
1.3. " The volume (quantity) of a utility resource in the amount of the revealed difference in readings is considered consumed by the consumer during the settlement period in which the contractor carried out the check», « unless the consumer proves otherwise».

2. Recalculation is made when a number of circumstances arise:
2.1. " There are discrepancies between the readings of the metering device (distributors) being checked and the volume of the utility resource, which was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service". It is important to note that the norm directly indicates the discrepancy between the actual readings of the device not with the standard consumption volume, not with the average monthly volume, not with some information received by the contractor from other sources (predicted, calculated, taken by analogy, from the words of neighbors, etc. ) and not with the readings of previous billing periods, namely with " the volume of the communal resource, which was presented by the consumer performer»;
2.2. The specified discrepancy was revealed " in the course of the contractor's verification of the reliability of the information provided by the consumer about the indications of individual, general (apartment), room metering devices and (or) checking their condition»;
2.3. " The meter is in good working order, including the seals on it are not damaged».

Inspection Cases

Since clause 61 of Rules 354 establishes that the discrepancy between the readings of the meter being checked and the volume of consumption provided to the contractor by the consumer is established during the check, we indicate what kind of check is in question and in what cases such a check is carried out.

The analyzed norm, in terms of describing the nature of the check, verbatim establishes: “ checking the reliability of the information provided by the consumer about the readings of individual, general (apartment), room metering devices and (or) checking their condition", That is, we are talking about three options for verification:
1. checking the reliability of the information provided by the consumer about the readings of individual, general (apartment), room metering devices;
2. checking the status of individual, general (apartment), room metering devices;
3. checking the reliability of the information provided by the consumer about the readings of individual, general (apartment), room metering devices and checking the state of individual, general (apartment), room metering devices.

It should be noted that when conducting a check for the purpose of applying paragraph 61 of Rules 354, in any case, a third type of check is necessary (a comprehensive check of both the readings of the device and its condition), since the performer, by virtue of the requirements of paragraph 61 of Rules 354, must establish that “ the meter is in good working order, including the seals on it are not damaged", That is, when checking only the reliability of information about the readings of the device, in any case, it is necessary to check its condition, and when checking only the state of the device to assess the reliability of its readings, these readings must be checked. Thus, a textual construction that allows considering three types of checks separately seems to be absolutely superfluous, although legally no violation is seen.

Therefore, in this article we will talk about a comprehensive check of both the meter readings and its state (hereinafter referred to as the Check).

According to sub-clause "g" of clause 31, the performer is obliged to carry out Checks, however, this norm does not establish the timing and frequency of such Checks.

Clause 82 of Rule 354 confirms the above norm:
« 82. The Contractor is obliged:
a) carry out checks of the state of installed and put into operation individual, general (apartment), room metering devices and distributors, the fact of their presence or absence;
b) to check the reliability of the information provided by consumers about the readings of individual, general (apartment), room metering devices and distributors by verifying them with the readings of the corresponding metering device at the time of verification (in cases where the reading of such metering devices and distributors is carried out by consumers)».

Clause 83 of Rule 354 sets limits on the frequency of Inspections:
« 83. The checks specified in clause 82 of these Rules 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 living quarters, then no more than 1 time in 3 months».

Subparagraph "d" of paragraph 32 of Rules 354 partially duplicates paragraph 83 and additionally establishes restrictions on the frequency of checks of devices installed in non-residential premises and outdoors and in households. According to subparagraph "d" of paragraph 32 of Rules 354, the contractor has the right to carry out Checks, but not more often than 1 time in 3 months if the meter is installed in a residential building or household, and not more often than 1 time a month if a meter is installed in non-residential indoors, as well as outdoors and in households in a place that can be accessed by the contractor without the presence of the consumer. At the same time, according to subparagraph "g" of paragraph 34 of Rules 354, the consumer is obliged to admit the contractor to the occupied living quarters or households for Inspection at a time previously agreed upon in the manner specified in paragraph 85 of Rules 354, but not more often than once every 3 months.

The above norms do not establish specific terms for conducting the Inspections, but only establish restrictions. Some norms establish more specific dates for conducting Inspections in individual cases.

For example, according to sub-clause "k (4)" of clause 33 of Rules 354, the consumer has the right to demand a Verification from the contractor. The Contractor, in accordance with subparagraph "e (2)" of clause 31 of Rules 354, is obliged to carry out the Verification at the request of the consumer within 10 days after receiving such an application.

The parties to the contract containing the provisions on the provision of utilities - that is, the contractor and the consumers of utilities - are vested with the right and responsibility to determine the specific timing of inspections. Subclause “i” of Clause 19 of Rule 354 establishes: “ An agreement containing provisions on the provision of utilities must include: the frequency and procedure for the contractor to check the presence or absence of individual, general (apartment), room metering devices, distributors and their technical condition, the reliability of the information provided by the consumer about the readings of such metering devices and distributors».

The consumer's failure to provide indications of the IPU

Another case of verification is regulated by paragraph 84 of Rules 354, which states: “ If the consumer fails to provide the performer with indications of an individual or general (apartment) metering device within 6 consecutive months, the performer no later than 15 days from the expiration of the specified 6-month period, another period established by the contract containing provisions on the provision of utilities, and (or) decisions of the general meeting of owners of premises in an apartment building, is obliged to carry out the check specified in paragraph 82 of these Rules and take readings of the meter».

Earlier, an article "" was published on the AKATO website, which caused a lot of controversy on the issue of whether the service provider, having carried out a Check on the basis of paragraph 84 of Rules 354, recalculates the amount of payment for public services in accordance with paragraph 61 of Rules 354, since the volume of the service actually consumed , determined according to the readings of the device for the period of non-presentation of readings, does not coincide with the volume presented for payment for the specified period, calculated according to the average monthly volume and / or the consumption standard.

Let's analyze this issue.

Clause 84 does indeed oblige to carry out the Check after 6 months of failure by the consumer to provide information about the meter readings. Clause 61 does establish that, based on the results of the Audit, the performer is obliged to recalculate, however, it should be noted that recalculation is made in the case, “ if, in the course of the contractor's verification of the reliability of the information provided by the consumer about the indications of individual, general (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good working order, including the seals on it are not damaged, but there are discrepancies between the readings of the meter under test (distributors) and the volume of utilities that was presented by the consumer to the contractor ».

If the consumer did not provide the contractor with information about the meter readings, that is, the amount of the consumed utility resource presented by the consumer is not determined, then it is impossible to determine the discrepancy between the actual meter readings and those provided by the consumer, and since it is the cost of this amount of discrepancy that is the size allocation, then the amount of the allocation is not subject to determination.

Consequently, it is in the event that the consumer fails to provide information about the meter readings, paragraph 61 of Rules 354 is not applicable.

At the same time, paragraph 84 of Rules 354 obliges the performer, when conducting the Check, after a 6-month period of non-presentation by the consumer of the readings of the metering device, to take the readings of this device. However, not a single rule indicates that the performer is obliged to apply the readings taken when determining the amount of recalculation, including the use of the readings taken by the performer is not provided. O and paragraph 61 of Regulation 354.

Application of paragraph 61

Based on the foregoing, clause 61 of Rules 354 applies only if, during the Inspection, the fact of transfer by the consumer of inaccurate readings of the meter is revealed. Such a Check can be carried out either on the initiative of the contractor (sub-clause "g" of clause 31, sub-clause "d" of clause 32, clause 82 of Rules 354), or on the initiative of the consumer (sub-clause "f (2)" of clause 31 and sub-clause "k (4 ) "Clause 33 of Rules 354), or in accordance with the approved contract for the provision of utilities in the order and frequency (sub-clause" i "of clause 19 of Rules 354).

Let's consider examples of application of paragraph 61 of Rule 354.

Example 1

Let the contractor check the consumer metering device on the first day of the month N1 and find that the cold water consumption IPU readings are 100 cubic meters. In month N2, the consumer transmitted the meter readings of 102 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water per month N1. In month N3, the consumer informed the contractor of the IPU readings of 105 cubic meters, the contractor presented for payment the consumption of 3 cubic meters of water per month N2. In month N4, the consumer reported to the contractor the readings of the IPU of 107 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for the month N3. In the same month N4, the performer checked the metering device and found that the transmitted readings of the metering device were unreliable, and in fact, the device at the time of the Check showed 110 cubic meters. In this case, the contractor applies paragraph 61 of Rule 354, namely:
- sets the volume of discrepancy in the amount of 3 cubic meters (110-107);
- sends to the consumer, within the time period established for paying for the volume of water per month N4, a request for an additional charge in the amount of the cost of 3 cubic meters of water;
- if the consumer in month N5 transmitted the readings of the device in the amount of 112 cubic meters, then the performer in month N5 presents for payment for month N4 the revealed discrepancy in the volume of 3 cubic meters and the volume of 2 cubic meters (112-110) transferred by the consumer, then there are only 5 cubic meters.

Monthly, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 5 cubic meters, in total - 12 cubic meters. It is 12 cubic meters that makes the difference between the meter readings at the time of the Check in month N1 (100 cubic meters) and the device readings transmitted by the consumer in month N5 (112 cubic meters).

Example 2

Let in the above Example 1 the executor, when conducting the Check in the month N4, found that the actual readings of the IPU are 106 cubic meters. In this case, the contractor applies paragraph 61 of Rule 354, namely:
- sets the volume of discrepancy in the amount of 1 cubic meter (107-106);
- sends to the consumer, within the time period established for paying for the volume of water for a month N4, a notice of the amount of payment for water overcharged to the consumer in the amount of 1 cubic meter;
- if the consumer in month N5 transmitted the readings of the device in the volume of 109 cubic meters, then the performer in month N5 takes into account the overpaid volume of 1 cubic meter and the volume of 3 cubic meters transferred by the consumer (109-106), that is, only 2 cubic meters ...

Monthly, the contractor presents to the consumer for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 2 cubic meters, Month N4 - 2 cubic meters, in total - 9 cubic meters. It is 9 cubic meters that make up the difference between the meter readings at the time of the Check in month N1 (100 cubic meters) and the device readings transmitted by the consumer in month N5 (109 cubic meters).

Inapplicability of paragraph 61

Example 1

The contractor presented to the consumer for payment in month N5 for month N4 the volume of 3 cubic meters, in month N6 for month N5 - 3 cubic meters and in month N7 for month N6 - 3 cubic meters. In month 7, the contractor conducted a Check and found that the meter readings were 15 cubic meters. The contractor defines these readings as the initial indications of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the readings were not transmitted, and the recalculation in accordance with paragraph 61 of Rules 354 is possible only if the unreliability of the IPU readings is revealed.

Despite the fact that according to the indications of the IPU for 6 months the consumer consumed 15 cubic meters (15-0), for payment he was presented with: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, in total - 18 cubic meters.

The consumer actually paid for the 3 cubic meters not consumed by him, but this is precisely the procedure established by the current legislation.

Example 2

Let the contractor accepted the consumer's IPU for accounting from the first day of the month N1 and established that the cold water consumption IPU readings are 0 cubic meters. In the month N2, the consumer transmitted the readings of the metering device of 2 cubic meters, the contractor presented for payment the consumption of 2 cubic meters of water for the month N1. In month N3, the consumer reported to the contractor the readings of the IPU of 5 cubic meters, the contractor presented for payment the consumption of 3 cubic meters of water for the month N2. In month N4, the consumer informed the contractor of the IPU readings of 9 cubic meters, the contractor presented for payment the consumption of 4 cubic meters of water for the month N3.

Further, the consumer stopped transmitting the meter readings to the contractor, and the contractor began to calculate according to the average monthly meter readings (), which in three months amounted to (9-0) / 3 = 3 cubic meters

The contractor presented to the consumer for payment in month N5 for month N4 the volume of 3 cubic meters, in month N6 for month N5 - 3 cubic meters and in month N7 for month N6 - 3 cubic meters. In month 7, the contractor carried out a Check and found that the meter readings were 20 cubic meters. The contractor defines these indications as the initial indications of the IPU for calculating the volume of consumption for Month N7, while no recalculation is made, since the indications were not transmitted, and recalculation in accordance with paragraph 61 of Rules 354 is possible only if unreliability is detected transferred by the consumer to the performer indications of IPU.

Despite the fact that according to the indications of the IPU for 6 months the consumer consumed 20 cubic meters (20-0), he was charged for payment: Month N1 - 2 cubic meters, Month N2 - 3 cubic meters, Month N3 - 4 cubic meters. meters, Month N4 - 3 cubic meters, Month N5 - 3 cubic meters, Month N6 - 3 cubic meters, in total - 18 cubic meters.

The consumer actually consumed 2 cubic meters of water more than he paid for, but this is precisely the procedure established by the current legislation. The indicated 2 cubic meters will increase the volume of communal resources consumed in the maintenance of the common property, and will be a loss for the contractor of communal services.

conclusions

Establishes that the contractor is obliged to recalculate if, in the course of the contractor's verification of the reliability of the information provided by the consumer about the indications of individual, general (apartment), room metering devices and (or) checking their condition, the contractor establishes that the meter is in good condition, in including the seals on it are not damaged, but there are discrepancies between the readings of the meter being checked (distributors) and the volume of the utility resource that was presented by the consumer to the contractor and used by the contractor when calculating the amount of payment for the utility service for the billing period preceding the check.

The specified norm is applicable only if the consumer has transferred to the contractor inaccurate information about the readings of the meter, but is not applicable if the consumer did not inform the contractor of the IPU readings at all.

Note: The analysis of clause 61 of Rules 354 was carried out on the appeal of LLC Yugo-Zapadnoye.
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A citizen of the Russian Federation (each separately taken) is a consumer of the state's resources: water (for hot and cold), electricity, etc. The basis for access is an agreement concluded with an enterprise, in this version a communal one (it is also a contractor). The provision of the possibility of recalculation for the absence of such is guaranteed, they can approve a temporary restriction of access, etc. - more specifically, the process is regulated by the Housing Code.

According to the established standards 354 of the Decree of the Government of the Russian Federation (regulates relations along with the housing estate), each citizen is given the opportunity and the right to recalculate payments for services (in this version, utilities). The new edition and the latest changes to it provide the most comprehensive answers to the owners and users of premises / houses (multi-apartment) to all questions of interest. The guarantor in legal terms is the state itself, regardless of the city / region, for example, for Moscow it is the MNP.

last modified 2016

The creation of Resolution 354 of the Government of the Russian Federation dates back to 2011 (May-June). As well as other legislative acts, it requires the introduction of current amendments (based on the reality in housing and communal services), which are made on an annual basis without reference to the period (they can be introduced / planned for both January and May).

The new version of the law (latest amendments) entered into force at the beginning of January of this year (were introduced at the very end of last 2015).

Household needs - to pay or not to pay by order 354

According to the latest changes, the general building needs for electricity are also affected by the Decree of the Government of the Russian Federation No. 354 (paragraph 44). Now:

The coefficients of drainage standards have been revised (recalculation is in progress);
the regulation on the installation of specialized meters was approved;
proposals to reduce these tariffs are being considered (approximately 10-15% reduction);
measures are being taken to stimulate organizations / enterprises (housing and communal services) that provide various types of services (communal) relevant to users of houses (multi-apartment), etc.

Changes in housing and communal services

354 Resolution of the Government of the Russian Federation regulates consumer standards for resources and their subsequent payment for owners / users of premises (residential). The new edition gives clarifications when the charge for the full package or a separate part of it for utility services begins. The latest changes explain: the force of calculation begins to operate from the moment you enter any room or apartment building.

Calculation of the amount of payment for utilities - 354 decree

354 FZ of the Government of the Russian Federation regulates the procedure for distributing accounts. It also contains instructions: every citizen (user of an apartment building) is obliged to submit meter readings to employees every month (payment must also be made monthly).

Heating recalculation

If we consider in more detail the 354 Federal Law of the Government of the Russian Federation (new edition), it becomes clear that the tariff for premises / apartment buildings is planned to be reduced (the amount of the discount depends on the region). In the current version (recent changes), the procedure for paying for utility services has been significantly simplified, for example, payments for heat are now made according to a special system (simplified).

Payment for utilities

354 Decree of the Government of the Russian Federation on utility services (current version, recent changes) includes a special appendix, which describes in detail the recommendations for calculation rates (the formula for correcting data (clause 44, clause 2), rules and regulations has been replaced). Measures to control use / consumption have been tightened, and the current version contains special instructions regarding the installation of counting equipment (meters).

Ordinance 354 as last amended 2016 on utilities

You can familiarize yourself with the current text at the request "354 Resolution of the Government of the Russian Federation on the recalculation / calculation of payments for services (utilities) for citizens" on our resource (website) or download in a convenient online mode and completely free

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

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

The list of utilities is determined directly by state legislation, or rather, by the Government of the Russian Federation, the definition of which is valid throughout 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 the intervals for carrying out repair work, and also takes into account unforeseen emergencies. In these cases, time limits are provided for the repair and elimination of the accident.

When public utilities provide services of poor quality during the year, that is, the number of outages exceeds the value prescribed by law, then tenants have the legal right to make a formal claim or complaint against unscrupulous “public utilities”. This is stated by the law on the protection of the rights of consumers of housing and communal services.

The complex of the provision of utilities directly depends on the comfort and provision of certain engineering 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 clause.

PP number 354 on the provision of communal services, adopted in 2011, is the main legislative act that regulates all activities of the housing and communal services. This document is often edited, and, therefore, the latest rules for the provision of public 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 utilities and the actions of cash settlement centers in the field of calculating payment for services.

In the latest edition of the decree of the government of the Russian Federation, the description of the non-residential premises has been clarified. To concretize the status of the premises and the payment of the corresponding category, you need to refer to the new version of the legislation. All disputes between homeowners and housing enterprises regarding 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 statement, the utility service must take the meter readings and check its serviceability within ten days. Previously, the legislation provided for checking the meters once every 6 months. Now this period of time has been reduced to a quarter, that is, once every 3 months.

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

According to Chapter 9 of the aforementioned federal law, due to the incorrect calculation of utility bills, which entailed an overpayment for the services rendered, a fine of up to 50% of the amount of the incorrect calculation is provided.

The rules according to which utility bills must be paid are described in Chapter 6 of the Federal Law. Each homeowner must pay in full for the utilities provided to him. However, in addition to the obligation, each citizen is also entitled to check the validity of charges. The quality of the services provided and their compliance with the standards are also taken into account. If the management company overestimates the tariffs and poorly fulfills its obligations, the tenants have the right to change it to another by terminating and renewing the contract.

• service directly at the house itself;
• overhaul of the building;
• keeping the yard area clean;
• maintenance of elevators;
• keeping public premises, stairs and elevators clean;
• garbage disposal and maintenance of general communications.

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

• private;
• common house.

If the tenant has some benefits for utility bills, then the category of benefits and the reasons for reducing the rate must be indicated.

Clause 54 of the new Rules prescribes the calculation of payment for heating and hot water supply services, if the contractor wants to make the calculation on his own.

When drawing up a contract for the provision of utilities, all conditions, obligations and responsibilities of the parties should be taken into account. In case of omission of any condition, the conflict situation will be resolved on the basis of legislative norms and rules. The main document for drawing up a contract for the supply of services is clause 124 of the Rules.

• declare in writing about the desire to conclude contractual obligations for the provision of services and attach the entire mandatory package of documents;
• obtain a preliminary draft of the 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;
• sign a contract for the provision of services.

As for the contract itself, then it must necessarily indicate the tariffs for the services provided. In addition, it provides for the responsibility of both the party providing the service for poor quality of its provision, and the consumer for violation of 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 the beginning of the provision of these same services.

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

To complete the described contract, the service provider should submit the following package of mandatory documents:

In the event of inaccuracies in the submitted documentation or the provision of an incomplete package of papers, 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 conclude a contractual relationship with him. In the case of planning repairs, accidents and other leading to a disruption in the supply of services, the company must notify the tenants by means of an announcement in specially designated places. Legislation supports property owners and tenants in fighting unscrupulous service providers in ways such as consumer protection.

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

On the complaint received, not only should appropriate measures be taken by the company managers, but also a written response about this should be issued within an interval equal to three working days. This is stated in Art. 31 of the 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 perform actions prohibited to him, for this the state provides for heavy fines.

According to article 309 of the Civil Code of Russia, all obligations must be performed properly in accordance with the contractual terms and the current legislation. The parties do not have the right to individually change the terms of the contract, 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 in due time threatened to accrue 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 entailed a delay in the payment of wages to citizens.

However, in parallel, the sanctions were tightened against those citizens who deliberately do not pay for utilities.

Until the beginning of 2017, the interest 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 of 91 or more days.

However, the government does not stop at the size of the penalties for hard-core defaulters, since conscientious tenants suffer through their fault. In the future, the amount of the penalty is planned to be increased.

The home user should be aware of the following about the procedure for providing utilities.

The main responsibility for non-payment of utility bills is borne directly by the owner of the apartment, in contrast to the users of municipal housing.

Utility rules are for homeowners to pay receipts 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. Start a lawsuit to collect outstanding payments.

The latter method is the most inconvenient and costly for both parties, therefore, whenever possible, utilities are trying 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 obliged to pay off the amount of the debt in full.