All conscious citizens are interested in the current rules for determining the amount of payments for utility services established at the moment.

Therefore, in accordance with the provisions of Resolution 354, important significant nuances can be determined and certain answers can be given regarding the legality of certain actions.

Every citizen of the Russian Federation is considered a consumer of real state resources. The basis for the provision of such resources is considered to be an agreement concluded with public utilities.

In accordance with the Law under consideration, all citizens of the Russian Federation have the opportunity to exercise recalculation of payments for the provision of utilities. The updated edition and the additions developed to it provide comprehensive information for owners and ordinary users of residential premises regarding possible situations that may arise. In legal relations, the state itself acts as a guarantor.

What is covered in this law

The signing of the Resolution was carried out in June 2011. Similar to other existing legislative acts, this Resolution indeed requires the definition of several very significant amendments, which are formulated on an ongoing basis without specific reference to any period.

In accordance with the latest changes introduced, the general household needs of citizens for the supply of electricity are also considered in this regulatory act.

We invite you to pay attention to changes, relevant today:

In the decision under consideration are clearly regulated approved standards for consumption and further payment of various resources by owners or ordinary users of residential premises. The updated version will provide clarifications at a certain period, more specifically, when the accrual for a full package of services is carried out.

Decree No. 354 explains in detail not only operating rules and procedure for depositing funds funds as payment for the services of territorial utility organizations and housing and communal services, but is also considered a specially developed project, the current provisions of which must be complied with. The procedure for fulfilling the conditions and additional documentation must be provided in the appendix to the resolution.

From September of the next year it is carried out planned distribution in relation to a specific performer. Starting from 2016, citizens are exempt from the obligation to regularly provide readings from measuring instruments that record utility consumption. After making certain adjustments to the resolution under consideration, a simplified payment scheme for heat comes into effect.

If we consider question of general house needs, then the current resolution specifies a scheme for revising the coefficients of the current rules for wastewater disposal. A procedure is also provided for equipping systems that ensure the satisfaction of general house needs with measuring instruments. The President of the Russian Federation signed an order, according to which the established tariffs should be reduced by approximately 10-15%, taking into account the specific region of residence.

IN issues of recalculation regarding heating residential premises this year the established tariffs were adjusted. In this situation, citizens can expect a reduction in the cost of certain services by approximately 15%. Regarding the provision of utility services, a new section has been added that describes the rules for supplying heat to apartment buildings. Starting this year, the corresponding decision of the Government came into force.

If we take into account general house needs, then payment must be made in accordance with the current tariff plans. All comprehensive information on this issue can be obtained from the housing and communal services department. If the supply of electricity is interrupted for some time, mandatory recalculation will be carried out in accordance with established tariffs.

Responsibility of the parties

On performer responsibility is assigned to domestic legislation in the following situations:

If the contractor has violated the rules for providing sufficiently high-quality services, the consumer can count on being exempt from paying for them. Also, a consumer in such a situation can demand a penalty to the extent provided for by the legislative framework of the Russian Federation.

The performer may expect to be exempt from liability for the provision of poor-quality utility services in a situation where the deterioration occurred due to insurmountable circumstances or as a result of the actions of the consumer himself. Insurmountable obstacles do not include violations of obligations by contractors of the approved contractor, or the lack of necessary funds to ensure the quality of the services provided.

Regardless of whether any agreement has been concluded between the contractor and the consumer, compensation for damage as a result, the provision of insufficiently high-quality public services is still provided for by law. If certain damage has been caused to the life or health of the consumer, compensation is provided within the next 10 years from the date of provision of insufficient quality service. The maximum period for filing a lawsuit to consider the fact of damage caused to the consumer is 3 years.

If the contractor providing services, for certain reasons, causes damage to the health or property of the consumer, the latter must draw up a corresponding act in several copies (one for each party to the agreement, if one was signed). If a consumer has incurred certain expenses in order to restore a violated right due to the fault of public utilities, he can count on their subsequent reimbursement.

Recalculation procedure

Recalculation of payments for certain utility services provided during the period when the consumer was temporarily absent from the residential premises is carried out in the manner determined by the norms of domestic legislation.

For such services not applicable heating the room.

Recalculation available in a situation where there are no metering devices in the residential premises, the installation of which is impossible for technical reasons. If it cannot be confirmed that there is no real technical possibility of installing meters, or in a situation where faulty meters are not repaired in accordance with prescribed instructions, the recalculation procedure will not be carried out. Utilities provided for general house needs are not subject to any recalculation in the absence of a consumer in the residential premises.

Recalculation of payment volumes for provided utility services is carried out taking into account the number of calendar days that fall during the absence of the consumer in the residential premises. The date of departure and arrival is not included in the total number of days of absence. Recalculation is traditionally performed by the contractor within the next 5 business days from the date of receipt of notification from the consumer in the form of a signed application.

The quality of services provided by providers must necessarily comply with the standards established by domestic legislation. If the consumer does not receive what he pays for, he has the right to demand compensation.

Latest Key Changes

Resolution No. 354 regulates certain requirements for payment documentation, for example, invoices, rent receipts.

The main change is considered to be the need strict indication of the size of one(general house needs) in certain places of the issued payment document.

The new rules also indicate the need for preliminary adoption of appropriate measures by the owner who has installed non-working measuring device. A report indicating that the meters are not functioning properly is drawn up in advance. The organization involved in the installation or repair of measuring devices can be chosen arbitrarily by the utility consumer. On the first days of each month, accruals are made in accordance with the meter readings.

Here are the latest changes, introduced by the Government of the Russian Federation in Resolution No. 354, which are worth paying attention to:

1. All charges for general house needs (sewage, heating, electrical energy, cold and hot water) are now classified as housing and are included in the expense item for residential premises.
2. When calculating general house expenses, a formula is now used that determines the balance between the readings of metering devices for common house and apartment devices. In the absence of meters installed on the house, the amount of common house deductions is determined based on the square footage of the apartment and the total area of ​​common property (calculated proportionally).
3. Standards have been introduced that should be applied when calculating general household expenses. After the start of their use, all excesses will be paid at the expense of the HOA or management companies.
4. If the apartment owner is temporarily absent, then recalculation of energy costs will be carried out only if gas and water meters are available in the premises. Otherwise, the owner will need to document the fact of his absence, after which he will be recalculated.
5. If no one is registered in the apartment, then deductions for housing and communal services are calculated depending on the number of owners.

This legislative act is described in the following video lecture:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• private;
• common house

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Starkova Nadezhda Vasilievna

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

[email protected]

COMMENTS

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Tosya
21.02.2019, 11:28

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

Catherine
15.08.2018, 17:21

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

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

Russian Government Decree 354 of 05/06/2011 is the rules for the provision of public services to the population. It determines the procedure for concluding agreements with the RSO and the management company, the size of the standards for personal and public use. But most importantly, the resolution prescribes in detail exactly how each utility service should be provided.

The resolution is quite voluminous and a thoughtful acquaintance with it will take a lot of time. Despite this, it makes sense to get acquainted with it. In fact, this document will answer any question about housing and communal services and the procedure for obtaining them.

If the owners of your home decide to follow the latest communal trends and switch to direct contracts with the resource supply company, then you will need to know how to correctly conclude this contract, what type it should be and, of course, the responsibilities of the parties. If previously the management company was responsible for reviewing all conditions on your behalf, now it will be your job. Or the lawyer you hired.

Naturally, the RSO agreement will provide a standard one that has been worked out for years, but it needs to be checked. So, in the resolution you can find out:

• what contracts need to be concluded for heat supply, water supply (hot and cold), sanitation;
• where to find out about the terms of the previous agreement with these organizations;
• what kind of participation do tenants of premises take in the agreement with RSO;
• what technical conditions must be met in the house.

There is a separate clause on gas supply, heating and water supply contracts for owners of private households.

Another important point is the procedure for providing housing and communal services for apartment buildings managed by an HOA or housing cooperative. Here, too, there are a number of nuances that must be in the contract. The time frame within which the service must be provided to residents is indicated.

And the latest amendments to the resolution concern the removal and disposal of garbage. Again, what, when and to what extent will the owners receive from the regional operator.

The full version of the document, as well as amendments to it, can be found

Since January 1, 2017, instead of the concept of “common house needs” (CDN), the concept of “communal resource for the maintenance of the common property of an apartment building” (CRSOI) has appeared in housing legislation. But neither before nor now has ODN or KRSOI for heating been provided for in the law.

Taking this into account, formulas for calculating utility services for heating are enshrined in Appendix No. 2 of the Rules for the provision of utility services, approved by Decree of the Government of the Russian Federation No. 354 of 05/06/2011 (hereinafter referred to as Rules 354).

In accordance with paragraph 40 of Rules 354, the consumer of a heating utility service, regardless of the chosen method of managing an apartment building, pays a fee for this service in aggregate, without dividing into the fee for the consumption of the specified service in residential or non-residential premises and the fee for its consumption for the purpose of maintaining common property in apartment building.

The procedure for calculating the payment for utility services for heating is specified in paragraph 42 (1) of Rules 354 and depends on the presence or absence of individual (apartment) metering devices (IMU) in all residential premises of the apartment building and a common house metering device (UDMU).

But, apparently, in the future we will face big changes in the current housing legislation on this issue and, it is quite possible that the concept of KRSOI for heating will be introduced, thanks to the adopted July 10, 2018, decision of the Constitutional Court of the Russian Federation (RF Constitutional Court) No. 30/P-18“In the case of checking the constitutionality of part 1 of article 157 of the Housing Code of the Russian Federation, paragraphs three and four of paragraph 421 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings in connection with the complaint of citizen S.N. Deminets."

Although, as practice shows, legislators can extend the implementation of decisions of the Constitutional Court of the Russian Federation for several years. And how it will be changed is known only to higher powers, or rather, to the Ministry of Construction of the Russian Federation and other developers of our not always adequate legal acts. But in this case, I would like to hope that it will not take too long to resolve the situation with the introduction of changes to the regulations on charging payments for heating in apartment buildings, since the issue cannot be delayed and the work of many management organizations depends on its resolution. Although when the developers of laws and authorities cared about their problems...

The owner of an apartment in an apartment building in the city of Pushkino, Moscow region, contacted his management organization for a recalculation of the heating utility service due to disagreement with how it was calculated. Accordingly, the management organization refused to recalculate, as a result of which the dissatisfied owner appealed to the Pushkin City Court of the Moscow Region.

In the statement of claim, he asked the court to oblige the defendant to recalculate for heating utilities, taking into account the readings of individual metering devices for October, November and December 2016, while heating calculations should be made using formulas 3 (3) and 3 (4) of Appendix No. 2 Rules 354.

The court refused to satisfy the demands. In the decision in case No. 2-1406/2017 dated 04/06/2017, he stated: “...The plaintiff’s demand to carry out payments for utilities only according to the readings of individual metering devices will exclude the payment by the owner of heating costs for general house needs, which is contrary to paragraph 40 of the Rules. Also, the claim for recalculation of heating services according to formulas 3 (3) and 3 (4) of Appendix No. 2 of Rule 354 is groundless.

The plaintiff’s argument about “a more fair and legal payment for heating utilities” according to formulas 3 (3) and 3 (4) of Appendix No. 2 of Rule 354 is unfounded ».

Moscow Regional Court in Appeal ruling of the Judicial Collegium for Civil Cases No. 33-18852/2017 dated June 26, 2017 agreed with the decision of the court of first instance and refused to satisfy the appeal of the owner of the residential premises in the apartment building.

By ruling of the judge of the Moscow Regional Court dated September 29, 2017 the transfer of the cassation appeal for consideration at a court hearing by the court of cassation was refused.

However, the restless owner turned for evidence of his innocence to the Constitutional Court of the Russian Federation, where he filed an application for recognition of part 1 of Art. 157 of the Housing Code of the Russian Federation, the third and fourth paragraphs of paragraph 42(1) of Rules 354 are invalid, which on May 31, 2017, September 5, 2017, December 25, 2017 denied him this in all instances. This was followed by an appeal to recognize these norms as unconstitutional to the Constitutional Court of the Russian Federation, which adopted the above-mentioned Resolution on the inconsistency of the Constitution of the Russian Federation with Part 1 of Art. 157 LC RF, third paragraph of paragraph 42(1) of Rules 354.

The Resolution of the Constitutional Court of the Russian Federation on the issue of compliance with the Constitution of the Russian Federation of paragraph 4 of paragraph 42 (1) of Rules 354 states that “... between those paragraph four of paragraph 42(1) of these Rules directly prescribes taking into account the readings of individual and (or) common (apartment) heat energy meters to determine the amount of payment for utility services for heating in the premises of an apartment building, equipped with a collective (common house) heat metering device, and therefore cannot in itself be regarded as violating the constitutional rights of the applicant in the aspect specified by him. Hence, in this part, his complaint, by virtue of paragraph 2 of Article 43 and Article 68 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, is not admissible, and the proceedings in this case in this part are subject to termination …»

Thus, the Resolution of the Constitutional Court of the Russian Federation considered the issue of compliance with the Constitution of the Russian Federation parts 1 tbsp. 157 of the RF LC and the third paragraph of paragraph 42(1) of Rules 354.

The Constitutional Court of the Russian Federation established the following:

Regulatory regulation of relations in the field of supply of energy resources should be based on those arising from the Constitution of the Russian Federation principles of certainty, fairness and proportionality (proportionality) of imposed restrictions constitutionally significant goals in order to achieve a reasonable balance of the property interests of the participants in these relations, including in relation to the procedure for determining the volume of utility services consumed by owners and users of premises in apartment buildings and the fees charged for it;

One of the effective legal mechanisms that encourages consumers of communal resources to use them efficiently and rationally and thereby respect the environment is is the regulation of the procedure for determining fees for utility services, general principles for determining the volume of consumed utilities to calculate the amount of payment for them, including part 1 of Art. 157 of the Housing Code of the Russian Federation refers accounting of consumed utility resources, primarily based on meter readings, the absence of which is compensated by the use of a calculation method for determining the amount of energy resources, using utility consumption standards;

The specificity of an apartment building as an integral building system, in which a separate room represents only a certain part of the volume of the building, which has common enclosing structures with other premises, in particular office premises, determines, as a general rule, the impossibility of refusal by owners and users of individual premises in an apartment building communal heating services and thus the impossibility of completely eliminating the cost of paying for the thermal energy used to heat the house;

Provisions of the Federal Law “On Energy Saving and Increased Energy Efficiency and on Amendments to Certain Legislative Acts of the Russian Federation” provide utility service consumers who use thermal energy sparingly, bearing the costs of ensuring the safety of individual heat metering devices, their proper operation and timely replacement, grounds for legitimate expectations of a proportionate reduction in heating charges;

The given regulatory provision of paragraph 3 of clause 42(1) of Rules 354, by virtue of which the payment for utility services for heating is determined on the basis of the distribution of the communal resource supplied to the apartment building as a whole between the owners (owners) of individual premises, taking into account the area of ​​these premises, i.e. without taking into account the readings of individual heat energy meters, in fact, contrary to the prescription of Article 17 (Part 3) of the Constitution of the Russian Federation, it creates - to the detriment of the interests of law-abiding owners and users of premises in a particular apartment building - conditions that encourage dishonest behavior of consumers of this utility service, allowing them consume thermal energy by assigning part of the payment for it to other consumers (including those who use thermal energy sparingly);

The possibility of taking into account the actual consumption of thermal energy in the premises of apartment buildings equipped with appropriate individual metering devices is determined by the presence of working devices in all other rooms of the apartment building. This violates the constitutional principle of equality, which requires the creation of equal conditions for the exercise of their rights and legitimate interests by persons belonging to the same category (owners and users of premises equipped with thermal energy insulation systems in apartment buildings, in which not all premises have such devices, with on the one hand, and the owners and users of premises in an apartment building, all premises of which have appropriate equipment, on the other), and not allowing differences that do not have an objective and reasonable justification.

Wherein Part 1 of Article 157 of the RF Housing Code, allowing you to calculate the amount of payment for consumed utilities based on their volume, which is determined by the readings of metering devices, does not separate the meaning of collective (common house) devices and individual metering devices and thereby creates uncertainty, creating the possibility of violation of constitutional parameters in the regulation of this issue by the Government of the Russian Federation Federation.

As a result, the Constitutional Court of the Russian Federation made final conclusions that “... part 1 of article 157 of the Housing Code of the Russian Federation and paragraph three of paragraph 42(1) of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings do not comply with the Constitution of the Russian Federation , its Articles 17 (Part 3), 19 (Part 1), 35 and 55 (Part 3), to the extent that 22 the interrelated regulatory provisions contained therein - according to the meaning given to them in the system of current legal regulation of law enforcement practice, – do not provide for the possibility of taking into account, when determining the amount of payment for utility services for heating, the readings of individual heat energy meters in an apartment building, which, upon commissioning, including after major repairs, in accordance with regulatory requirements, was equipped with a collective (common building) metering device thermal energy and residential and non-residential premises in which were equipped with individual thermal energy metering devices, but their safety in individual premises was not ensured, which leads to a 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."

The Resolution of the Constitutional Court of the Russian Federation states that the Federal Assembly and the Government of the Russian Federation must make the necessary changes to the current legal regulation, including provide for a procedure for determining the payment for utility services for heating in apartment buildings that are equipped with a collective (community) heat energy meter and in which not all premises are equipped with individual heat energy meters, taking into account the readings of the latter.

And before changes are made to the current legislation calculation of heating fees in apartment buildings, which, upon commissioning, including after major repairs, in accordance with regulatory requirements was equipped with a common house heat meter and residential and non-residential premises in which were equipped with individual metering devices thermal energy, but their safety in separate rooms was not ensured, must be produced according to the model established by paragraph four of paragraph 42(1) of Rule 354.

Now the “richest participants in market relations” - management organizations can only wait for these very changes, again taking on the burden of additional financial expenses that our state does not want to impose on itself, the “poorest” African countries resource supply organizations or on the users of utility resources themselves (after all - the electorate!!!).

For some reason, unfortunately, fairness, proportionality, reasonableness and balance of property interests in our country do not apply to management organizations in the housing and communal services sector. At least, in the reviewed Resolution of the Constitutional Court of the Russian Federation there is not a word about this...

It should be noted that the company "Burmistr.ru" provides legal services to its clients. Our team of experienced lawyers, who have already “eaten the dog”, working in the Russian housing and communal services sector, will help with the preparation of letters, petitions, claims, suits, statements, complaints, etc. We can prepare a legal examination of documents with issuing recommendations for adjusting the document, based on information about the purpose of its use. And, of course, advise you on the current activities of managing apartment buildings. More detailed information about legal services is available.

Sincerely, Ilmira Nosik.