How to calculate penalties under a heat supply contract. What happens if you don't pay for electricity? Calculation of the amount of the penalty and the conditions under which the electricity in the apartment is turned off. What are the utilities
The State Duma on October 23, 2015 in the second reading adopted a draft law on amendments to legislative acts of the Russian Federation in order to strengthen payment discipline for all categories of consumers utilities.
Penalties will be charged for late payments
Initially, the deputies proposed to introduce fines and penalties for late payments only for electricity, but according to the latest calculations, it turned out that the total debt of all categories of consumers for utilities in Russia as of October 1, 2015 amounted to 850 billion rubles.
Of these, broken down by individual energy resources, the debt was:
- for electricity - 183.5 billion rubles;
- for gas - 163.2 billion rubles;
- for heat energy in front of the CHPP - 147.6 billion rubles;
- for water and sewerage services - 110 billion rubles.
It should be noted that during the preparation of the bill for the second reading, the deputies made significant adjustments to soften the mechanism for collecting penalties and fines, but only for citizens, homeowners associations and housing cooperatives. Management companies they did not fall into this category of “beneficiaries”. For them, on the contrary, the punishment for non-payment or late payment for the supplied utilities has been tightened.
If for citizens, homeowners' associations and housing cooperatives for non-payment of housing and communal services in the first month of delay, penalties are not charged, then for management companies from 1 to 60 days of delay, penalties are set in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation. Whereas for the population, homeowners associations and housing cooperatives, this amount of penalty is charged only from 31 to 90 days of debt. And for management companies, from the third month of debt (from the 61st day of delay), penalties increase to 1/170 of the refinancing rate of the Central Bank of the Russian Federation.
Another proposal of the deputies was the fact that the Federal Law comes into force not from the day of its official publication, but from January 1, 2016. Thus, the Criminal Code, HOA, ZhSK, citizens and other organizations that consume energy resources there is still time to put your payments in order and pay off any old debts. Otherwise, from January 1, 2016, the new norms of the law will apply to all non-payers.
A responsibility
So, for late payment or non-payment of bills for utilities the amount of the penalty (penalty) in shares of the refinancing rate of the Central Bank of the Russian Federation for the day of delay will be for:
Homeowners' association, housing cooperative, citizens:
- From 1 to 30 days - 0
- From 31 to 90 days - 1/300
- From day 91 onwards - 1/130
Management companies, heat and water supply organizations:
- From 1 to 60 days - 1/300
- From 61 to 90 days - 1/170
- From 91 and onwards - 1/130
All other organizations consuming energy resources:
- From day 1 onwards - 1/130
The voice of the law
On the basis of contracts for the supply of energy resources and contracts for the provision of services for their transportation, consumers are obliged to pay for the supply of utilities and services rendered. Summarizing the responsibility for non-payment for all utilities by their consumers and based on the Federal Law No. 307 dated 03.11.2015, the following can be distinguished:
“In case of untimely and (or) incomplete payment for energy resources and services for their transportation, the consumer is obliged to pay to the supplier a penalty in the amount of 1/130 of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day of actual payment, of the amount not paid on time for each day of delay starting from the next days after the day of the due date of payment on the day of actual payment. "
“Homeowners' associations, housing cooperatives and other specialized consumer cooperatives created to meet the needs of citizens for housing, purchasing energy resources for the purpose of providing utilities, in case of untimely and (or) incomplete payment for gas, the supplier is paid a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day of actual payment, of the amount not paid on time for each day of delay starting from 31 days following the day of occurrence of the established the due date, on the day of the actual payment made within 90 calendar days from the date of the due date, or before the expiration of 90 calendar days after the due date, if the payment has not been made within ninety days. Starting from the 91st day following the day of the due date of payment, until the day of the actual payment of the penalty interest, they are paid in the amount of 1/130 of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day of the actual payment, of the amount not paid on time for each day of delay. "
“Management companies that purchase energy resources for the purpose of providing utilities, heat supply organizations, in the event of untimely and (or) incomplete payment of utilities, pay to the supplier a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day of actual payment, of the amount not paid on time for each day of delay starting from the day following the day of the due date of payment, until the day of the actual payment made within sixty calendar days from the date of the due date of payment, or before the expiration of 60 calendar days after the day of the due date of payment, if sixty days due date payment has not been made.
Starting from the 61st day following the day of the due date of payment, to the day of the actual payment made within 90 calendar days from the date of the due date of payment, or before the expiration of 90 calendar days after the due date of the due date of payment, if within ninety days the payment is not made, penalties are paid in the amount of 1/170 of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day of actual payment, of the amount not paid on time for each day of delay.
Starting from the 91st day following the day of the due date of payment, until the day of the actual payment of the penalty interest, they are paid in the amount of 1/130 of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day of the actual payment, of the amount not paid on time for each day of delay. "
"Owners and other legal owners of premises in MKD in case of untimely and (or) incomplete payment of energy resources consumed when receiving utilities, pay penalties in the amount and in the manner established by housing legislation."
"If the consumers of energy resources fail to comply with the terms of supply agreements and on the provision of services for their transportation, the suppliers have the right to reduce or stop the supply of utility resources in the manner established by the Government of the Russian Federation."
Instead of a conclusion
From the foregoing, it is clear that starting from the new 2016, the authorities will further tighten control and liability for non-payers of utilities from charging penalties and fines to the suspension and restriction of the supply of energy resources.
What is it fraught with specifically for management companies? First of all, if the management company accumulates large debts to resource-supplying organizations and it does not pay them on time, then according to the amendments to the housing legislation that have come into force (Federal Law No. 176 of June 29, 2015), this can be regarded as non-compliance with license requirements ... And this, in turn, can lead to disqualification of the head Of the Criminal Code or revocation of the license.
In order to prevent such a scenario of actions, it is necessary to pay on time bills for all consumed utilities.
What awaits non-payers of fees? Is it possible to postpone or postpone payment terms in difficult circumstances? How do representatives of the housing authority have the right to deal with persistent defaulters, and where can you find out your debts? The answers to all these questions are below.
Payment terms and their legislative basis
To produce, you need to have on hand a document basis (invoice or "fat"), which must be delivered to you no later than the first day of the month following the current... This is provided for in article 155 of the LC RF.
The consumer has 10 days to settle this account. The boundary date is the 10th day of the month in which the receipt was received. However, this is a standard statutory regulation. Options for changing this date are possible, if such is provided for in the contract between the consumer and the Managing Organization.
If the payment was made late, a penalty will be charged. This fact is enshrined in paragraph 14 of Article 156 of the LC RF. Provided that the delay is permanent, the consequences for a negligent consumer can be very different, from forced collection of the amount of debt before expulsion from the apartment.
What is considered a debt for housing and communal services and how is it regulated by law?
Payment for housing and communal services made not in due time or its complete absence, entail the emergence of debt for the delivered (received):
- cold water
- hot water
- electricity,
- water drainage system,
- heat,
- garbage disposal and the like.
How much it will cost decide local authorities.
Legislators have established that:
- the deadline for payment for these services is 10th day of every month(or the term established by the contract) - paragraph 1 of article 155 of the LC RF;
- make changes to the boundary, for payment, date on general meeting of apartment owners- Clause 1 of Article 162 of the RF LC.
Important! All 17 paragraphs of Article 155 of the LC RF provide explanations regarding all the subtleties of making payments for utilities.
In what cases is debt charged?
Not everything in our life is smooth, and if the country is subject to economic crises then we are even more so. And in such a difficult period for us, debt for housing and communal services may appear. You can accrue debt for two reasons:
- late payment,
- not exercising it at all.
There is an opinion that defaulters are simply deprived of the opportunity to use these services by disabling them. But there are other methods of influence:
- On overdue days charge a penalty. If there was no additional payment, then for this amount, taking into account the days that have passed before the repayment.
- Limit or suspend the service, in the absence of payment for it for more than a quarter.
- Collect debts through the court.
- Evict from municipal housing by court order.
What are penalties and when are they charged?
This is a method of punishment for untimely or full non-payment of received utilities. Its goal is to stimulate and discipline consumers to fulfill their duties in full and on time.
For its accrual, the following signs must be present:
- a receipt for payment is provided on time;
- the deadline for payment has expired;
- not complete;
- lack of repayment as such.
Important! The managing organization has everything legal rights terminate the contractual relationship with a malicious defaulter if he does not fulfill his obligations to pay for the services provided to him.
The beginning of the accrual is the day following the borderline for payment (11th day of the month).
End of accrual - the day of payment, which will be included in the total delay period.
How is the default interest calculated?
For each overdue day, the entire amount of the receipt or part of it (partial payment on time) will be charged one three hundredth from the full refinancing rate of the Central Bank of the Russian Federation in effect at the time of payment. According to approximate calculations, this amount is equal to 30 kopecks in 1 day.
If such a situation arises, and if you want to avoid the more serious consequences of not paying, there is an opportunity to conduct installment or deferred payment procedure... This provision is legally enshrined.
So, to bring this to life, you need to contact your Management Company with the appropriate application.
We also recommend checking for a debt and not believing sacredly in the data written on the receipt. There are many nuances that will provoke debt, and it is useless to fight this, but it can be prevented. For people who are accustomed to controlling their expenses, special calculator programs have been developed that make the calculations you need. Finding a suitable program calculator for calculating penalties for housing and communal services on the Internet, enter the necessary data online and get the result. If an error is found, visit your managing organization on the day of payment.
How to find out your debt on housing and communal services payments: all ways
Management organization. When you contact her, you will receive the most up-to-date information about your debts to her. Right there you can arrange an installment plan or a deferred payment if you are not able to pay off the entire debt or in full. Also, you will be given new receipts where everything will be taken into account. In addition, you can get a single debt receipt.
Important! If there is no clause on payment for electricity in your agreement with the Managing Organization, then for information on arrears on it, you will need to visit its direct supplier.
The Internet. This information will be displayed on the website of public services. In order to find out the debt over the Internet:
- register on this portal;
- set your personal username and password;
- confirm your email inbox;
- in the required section, submit a request for a receipt from the EIRTS;
- after receiving the file with the data to your email address, print it and pay for it (I am sending the document in a pdf file, there must be a program on your computer to read such data).
Banking institution. Visit the branch of any bank closest to you and:
- insert your card into the ATM;
- select the section "Payments and transfers" in the menu;
- set the period for which you need information;
- enter your personal code;
- Debt data will be displayed on the monitor, you can pay from immediately.
In addition to the immediate payment of the entire amount of the debt, you can make a partial payment both from your card and in cash (terminals). You can get data both for the selected period and monthly.
Important! Payment for the telephone and the Internet is made separately from the receipts of your Managing Organization, and data on the debt on them can be obtained from the company that provides them to you.
Methods for obtaining this data:
- directly at the office of the organization- having personally visited this institution, here you can be offered a loyal way to solve the debt situation;
- on their website- after registering and entering your personal account, you will receive information about the full amount of the debt, with the opportunity to receive an up-to-date receipt;
- through a call to their hotline - if this organization has one, usually these are large service providers.
Debtor lists are formed by management companies, you can get the latest information about these lists either at the office of your management company or on the corresponding website.
Possible consequences for the tenant in case of malicious non-payment
No one will put up with the fact that the contractual relationship is violated by not paying for the services provided. The debt process begins with the accrual of interest, which "drips" daily until the debt is paid off. But, if this did not happen during three months on the dates of the debt, the managing organization will restrict the debtor's ability to use its services.
A month after that, the contract with the debtor will be terminated unilaterally (spelled out in the contract) and will completely disconnect from the networks. At the same time, the organization's lawyers will form statement of claim to collect a debt from you and sue him. When a decision is made to collect debts from you, it will be handed over to bailiffs for execution. They will either force you to pay off the debt right away, or they will begin to collect in your wages.
The situation is worse with debtors of municipal apartments, for malicious non-payment at the suit of the owner of the home (municipality) he will be expelled from this premises.
Calculation of penalties for utilities: actual on video
Since the beginning of 2016, the amount of the late payment interest has changed. A progressive scale is being introduced, so it becomes unprofitable to delay debt repayment. More details - in the video.
What are the utilities
Every citizen living in an apartment, dorm room or private house is obliged to pay for utilities: provision of cold and hot water supply, water disposal, electricity and gas supply, heating.
On average, housing and communal services tariffs will increase by 4% from July 1, 2017. This increase will be in line with the level of inflation - experts from the Central Bank and the Ministry of Economic Development predict it is also about four percent.
Most high growth tariffs expected in Moscow, St. Petersburg and Yakutia:
The lowest increase in tariffs is expected in North Ossetia, Altai Territory, Dagestan and the Kabardino-Balkarian Republic - 2.5%, 3.2% and 3.3% in the last two regions. In most regions, the increase in utility tariffs will not exceed 3.4%. It should be noted that the regions do not have the right to set the rate below the specified threshold, but they can increase it. To do this, they need to provide a compelling justification. But rarely does a municipality set the level of tariffs higher than the one specified by the government of the country. Therefore, the numbers usually remain within the limits set by the authorities.
What are the tariffs for housing and communal services
Housing and communal services are not only payments for water and gas supply, but also payments for the maintenance of a residential building, garbage collection, cleaning of the territory, and so on. Therefore, it is reasonable that they include the costs of economic activity, modernization and repair. It is the fact of high depreciation of the infrastructure that affects the strong growth of tariffs. The difference in indices is also influenced by the territorial and climatic characteristics of the regions, the type of fuel used, the length of the networks, etc. Thus, only the external distribution gas networks, through which gas is supplied to apartment buildings in Russia, are worn out by 60%.
It is expected that in the coming years, tariffs for housing and communal services will not exceed the growth of inflation. According to the forecast of the deputy minister economic development RF Nikolay Podguzov, in the next three years " the aggregate payment of citizens for utilities should not exceed 4%».
Important! Prices for housing services - maintenance and repair of an apartment building - are set by management companies in agreement with homeowners.
Penalties and fines for non-payment of utility services
The Housing Code of the Russian Federation prescribes the terms for making payments for utilities and housing services: no later than the 10th day of the month following the expired one. It is called - due date. Penalty Are penalties for late payment. According to paragraph 14 of Art. 155 of the RF LC, the calculation of penalties for each day of delay is 1/300 of the refinancing rate of the Central Bank of the Russian Federation. Moreover, the citizen is obliged to pay the debt within 90 days. Starting from the ninety-first day, the debtor will pay 1/130 for each day of delay.
Important! The value of the refinancing rate can be viewed on the official website of the Central Bank of Russia.
Management companies are fighting debtors using additional methods. In addition to calculating penalties for non-payment of utility services, they can:
- limit supply. Suspension or restriction of supply can be made within three days from the date of appropriate notification by the service provider. Usually applied in case of non-payment by the consumer within 30 days;
- disconnect from networks. The measure applied after the imposed restriction on the use of services;
- evict from the occupied living space. This measure applies to employers under a social contract. Here, Article 90 of the Housing Code of the Russian Federation applies. Usually, to apply this measure, a delay in payments for housing and utility services is required for more than six months.
If a citizen has a debt that he is not able to pay off, it is necessary to contact the management company (service providers) to solve the problem on the merits. For example, write a statement on debt restructuring.
1. Consumers of thermal energy purchase thermal energy (power) and (or) heat carrier from a heat supply organization under a heat supply agreement.
2. In the heat supply system:
1) the unified heat supply organization determined by the heat supply scheme is obliged to conclude a heat supply agreement with any heat energy consumer who has applied, whose heat-consuming installations are located in this heat supply system;
2) a person who owns heat sources by right of ownership has the right to conclude long-term heat supply contracts with consumers;
3) a person who owns heat sources on the basis of ownership or other legal basis has the right to conclude heat supply contracts with consumers in cases established by the rules for organizing heat supply approved by the Government Russian Federation.
3. The unified heat supply organization and heat supply organizations owning, by right of ownership or other legal basis, sources of heat energy and (or) heat networks in the heat supply system are obliged to conclude contracts for the supply of heat energy (power) and (or) heat carrier in relation to the volume of heat load, distributed in accordance with the heat supply scheme. The contract for the supply of heat energy (power) and (or) heat carrier is concluded in the manner and on the conditions provided for by this Federal Law for heat supply contracts, taking into account the specifics established by the rules for organizing heat supply approved by the Government of the Russian Federation.
4. Heat supply organizations, including a unified heat supply organization, and heat network organizations in the heat supply system are obliged to conclude contracts for the provision of services for the transfer of heat energy and (or) heat carrier in the amount necessary to ensure heat supply to consumers of heat energy, taking into account losses of heat energy, heat carrier when their transfer. The costs of ensuring the transmission of heat energy and (or) heat carrier through heat networks are included in the tariff for heat energy sold by the heat supply organization to heat consumers in the manner established by the pricing principles in the field of heat supply approved by the Government of the Russian Federation.
5. The place of fulfillment of the obligations of the heat supplying organization is the delivery point, which is located on the border of the balance sheet of the heat-consuming installation or the consumer's heating network and the heating network of the heat supplying organization or heating network organization or at the point of connection (technological connection) to the ownerless heating network.
6. In case of revealing ownerless heating networks (heating networks that do not have an operating organization), the local government body, prior to recognizing the ownership of these ownerless heating networks, within thirty days from the date of their identification, is obliged to determine the heating network organization, the heating networks of which are directly connected to the specified ownerless heating networks. heating networks, or a single heat supply organization in the heat supply system, which includes the indicated ownerless heating networks and which maintains and maintains the said ownerless heating networks. The regulatory body is obliged to include the costs of maintaining and maintaining ownerless heating networks in the tariffs of the relevant organization for the next regulatory period.
7. The heat supply contract is public for the unified heat supply organization. The unified heat supply organization does not have the right to refuse the consumer of heat energy to conclude a heat supply agreement, provided that the specified consumer complies with the technical conditions for connecting (technological connection) to the heating networks of the objects belonging to him in accordance with the legislation on urban planning activities capital construction(hereinafter referred to as technical conditions).
8. The terms of the heat supply agreement must comply with the technical specifications. The heat supply contract must determine:
1) the volume of heat energy (power) and (or) heat carrier to be supplied by the heat supply organization and purchased by the consumer;
2) the value of the heat load of the heat-consuming installations of the consumer of thermal energy, the parameters of the quality of heat supply, the mode of consumption of thermal energy;
3) authorized officials parties responsible for the fulfillment of the terms of the contract;
4) the responsibility of the parties for non-compliance with the requirements for the quality parameters of heat supply, violation of the mode of consumption of thermal energy, including responsibility for violation of conditions on the quantity, quality and values of the thermodynamic parameters of the returned coolant;
5) responsibility of consumers for non-fulfillment or improper fulfillment of obligations to pay for heat energy (power) and (or) heat carrier, including obligations for their advance payment, if such a condition is provided for by the contract;
6) the obligations of the heat supply organization to ensure the reliability of heat supply in accordance with the requirements of technical regulations and with the rules for organizing heat supply approved by the Government of the Russian Federation, and the corresponding obligations of the consumer of heat energy;
7) other essential conditions established by the rules for organizing heat supply approved by the Government of the Russian Federation.
9. Payment for heat energy (power) and (or) heat carrier is carried out in accordance with the tariffs established by the regulatory body, or prices determined by agreement of the parties, in the cases provided for by this Federal Law.
9.1. A consumer of thermal energy who untimely and (or) did not fully pay for thermal energy (power) and (or) heat carrier under a heat supply agreement is obliged to pay a penalty in the amount of one hundred-thirty refinancing rate of the Central Bank of the Russian Federation in effect on the day to the unified heat supply organization (heat supply organization) of the actual payment, from the amount not paid on time for each day of delay, starting from the next day after the day of the due date of payment until the day of actual payment.
9.2. Homeowners' associations, housing, housing construction and other specialized consumer cooperatives created to meet the needs of citizens for housing, purchasing thermal energy (power) and (or) coolant for the purpose of providing utilities, in case of untimely and (or) incomplete payment heat energy (capacity) and (or) heat carrier are paid to a unified heat supply organization (heat supply organization) a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day of actual payment, from the amount not paid on time for each day of delay starting from the thirty-first the day following the day of the due date of payment, on the day of the actual payment made within ninety calendar days from the date of the due date of payment, or before the expiration of ninety calendar days after the date of the due date of payment, if on ninety day Wed ok payment has not been made. Starting from the ninety-first day following the day of the due date of payment, to the day of the actual payment of the penalty interest, they are paid in the amount of one hundred and thirty refinancing rate of the Central Bank of the Russian Federation, in effect on the day of the actual payment, of the amount not paid on time for each day of delay.
9.3. Management organizations that purchase heat energy (power) and (or) heat carrier for the purpose of providing utilities, organizations that provide hot water supply, cold water supply and (or) wastewater disposal under hot water supply contracts and supply contracts hot water, as well as heat supply organizations that purchase heat energy (power) and (or) heat carrier under a contract for the supply of heat energy (power) and (or) heat carrier, in case of untimely and (or) incomplete payment for heat energy (power) and (or) heat carrier pay a penalty in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day of actual payment, from the unpaid amount for each day of delay starting from the day following the day of the due date of payment, to the day the actual payment made within sixty calendar days from the date of the due date of payment, or before the expiration of sixty calendar days after the date of the due date of payment, if payment is not made within sixty days. Starting from the sixty-first day following the day of the due date of payment, to the day of the actual payment made within ninety calendar days from the date of the due date of payment, or until the expiration of ninety calendar days after the day of the due date of payment, if within ninety days of payment not paid, penalties are paid in the amount of one hundred and seventy of the refinancing rate of the Central Bank of the Russian Federation, in effect on the day of actual payment, of the amount not paid on time for each day of delay. Starting from the ninety-first day following the day of the due date of payment, until the day of the actual payment of the penalty interest, the interest shall be paid in the amount of one hundred and thirty refinancing rate of the Central Bank of the Russian Federation, in effect on the day of the actual payment, of the amount not paid on time for each day of delay.
9.4. Owners and other legal owners of premises in apartment buildings and residential buildings in case of untimely and (or) incomplete payment for heat energy consumed by them when receiving utilities, pay penalties in the amount and in the manner established by housing legislation.
10. Heat supply to consumers is carried out in accordance with the rules for organizing heat supply, which are approved by the Government of the Russian Federation and must contain:
1) the essential terms of the heat supply agreement;
2) the procedure for organizing the conclusion of contracts between heat supply organizations and heat network organizations operating within the same heat supply system;
3) the procedure for limiting and stopping the supply of heat energy to consumers in case of failure by them to fulfill their obligations to pay for heat energy (power) and (or) heat carrier;
4) the procedure for limiting and stopping the supply of heat energy to consumers in case of violation of the terms of the agreement on the quantity, quality and values of thermodynamic parameters of the returned heat carrier and (or) violation of the mode of consumption of heat energy, significantly affecting the heat supply to other consumers in this heat supply system, as well as in the case non-observance of the mandatory requirements for the safe operation of heat-consuming installations established by technical regulations, rules of technical operation of heat supply facilities and heat-consuming installations;
5) the essential terms of contracts for the provision of services for the transfer of heat energy;
6) the procedure for concluding a heat supply contract if the premises located in the same building belong to two or more persons or are used by them;
7) the procedure for settlements under a heat supply contract and contracts for the provision of services for the transfer of heat energy;
8) the peculiarities of the organization of heat supply in the presence of the possibility of controlling the flows of heat energy, heat carrier in the heat supply system, in which the sources of heat energy belong on the basis of ownership or other legal basis to three or more persons;
9) the procedure for determining consumers of heat energy and heat supply organizations, obliged to provide security for the fulfillment of obligations to pay for heat energy (power) and (or) heat carrier supplied under heat supply contracts, heat supply contracts and hot water supply contracts, contracts for the supply of heat energy (power) and ( or) a coolant, and the procedure for providing said security, which, among other things, establishes the rules for determining the period and amount for which security for the fulfillment of obligations is provided, as well as requirements for the conditions for its provision;
10) features of the organization of heat supply in heat supply price zones, taking into account the provisions of Chapter 5.1 of this Federal Law, including:
A) the procedure for the unified heat supply organization to fulfill its obligations to comply with the values of the quality parameters of heat supply and parameters reflecting permissible interruptions in heat supply;
B) the procedure for reducing the amount of payment for heat energy (power) by a unified heat supply organization in case of non-compliance with the values of heat supply quality parameters and parameters reflecting permissible interruptions in heat supply established by the parties to the agreement, including the formula for reducing the amount of payment for heat energy (power), the procedure for the consumer to apply to a single the heat supply organization for the specified reduction in the amount of payment for heat energy (power), cases in which the specified reduction in the amount of payment for heat energy (power) is not made;
C) the procedure for filing recourse claims against a person found guilty of exceeding the established deviations of the values of heat supply quality parameters and parameters reflecting permissible interruptions in heat supply to consumers by a single heat supply organization;
D) requirements for the standards of interaction of a single heat supply organization with heat supply organizations owning heat sources on the basis of ownership and (or) other legal basis;
E) requirements for the quality standards of service by a unified heat supply organization for heat consumers;
11) the procedure for revoking the status of a unified heat supply organization, including the procedure for forcible revocation of the status of a unified heat supply organization on the basis of a decision of the antimonopoly body in accordance with Part 6 of Article 4.2 of this Federal Law.
11. Heating grid organizations or heat supply organizations acquire heat energy (power), a heat carrier in the amount necessary to compensate for heat losses in the heat networks of such organizations from a single heat supply organization or compensate for these losses by producing heat energy, a heat carrier with heat sources belonging to them on the basis of ownership or other legal basis and connected (technologically connected) to the same heat supply system.
Judicial practice under Article 15 of the Federal Law of July 27, 2010 No. 190-FZ
Decision of January 9, 2019 in case No. А40-181088 / 2017
Arbitration Court of the city of Moscow (AC of the city of Moscow)
After examining the case materials and evaluating the evidence presented in the aggregate, I came to the following conclusions. From the materials of the case, it follows that the plaintiff, on the basis of the lease agreement No. 14-i / 15 dated 01.09.2015, was transferred to the temporary possession and use of the property intended for the implementation of heat supply activities, located on the territory of the Shchapovskoye settlement. Based on the results of the open ...
Decision of December 24, 2018 in case No. A56-104332 / 2018
Arbitration Court of St. Petersburg and Leningrad region(AS of St. Petersburg and Leningrad region)
Obligations to prove instead of the relevant party violates such fundamental principles of the arbitration process as adversarial nature and equality of the parties (Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 15.10.2013 No. 8127/13). Claims regarding debt collection are subject to satisfaction in the stated amount. According to article 330 of the Civil Code of the Russian Federation, a forfeit (fine, penalty interest) is defined by law or ...
Decision of December 6, 2018 in case No. А29-5262 / 2018
Arbitration Court of the Komi Republic (AC of the Komi Republic)
The period from 03/01/2017 to 06/08/2017, forfeit accrued on the amount of debt, starting from the date of filing a claim, taking into account clause 9.1. article 15 of the Federal Law "On Heat Supply" on the day of actual payment of the debt in full. By definition Arbitration court Of the Komi Republic dated April 28, 2018 in case No. A29-5262 / 2018, the above ...
The longer the debt accumulates, the more severe the penalties:
Housing Code
It describes all the services for which the owner of the apartment is obliged to pay monthly:
- water disposal;
- submission;
- expenses for landscaping and landscaping of the local area;
- major and current repairs of the building;
- keeping the house in good condition;
- lighting of the local area and entrances;
- etc.
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Video: utility fees
Disconnection of services
By law, the management company and suppliers do not have the right to suspend the filing of:
- Water supply.
Shutdown procedure:
After the debtor has fully paid the supplier, his apartment must be reconnected to the utility service within two days.
Trial
In case of long-term non-payment, the management company or service provider may contact judicial authorities with the collection of the entire amount of the debt from the debtor.
With a debt of up to 50,000 rubles, the case will be considered by a magistrate's court.
If the debt is greater - as usual in the district court at the place of residence of the defendant.
Typically, management companies are trying to get a court order to collect existing debt.
With this procedure for the consideration of the case, there is no need to be present in court for either the plaintiff's representatives or the defendant himself.
The judge makes a decision only on the basis of documents presented by the management company or the service provider organization.
After a decision on a case or an order has been made, bailiffs are involved in the debt collection process.
They are the ones who have the right to come to the debtor's apartment, evaluate and describe his property with the aim of further selling and paying off debts.
Penalty on utility bills in 2019
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