A) apply to relations arising from previously concluded agreements containing the terms of provision utilities, in terms of the rights and obligations that arise after the entry into force of these;

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

D) are used when determining the amount of payment for utilities paid by tenants of residential premises in dormitories included in housing stock organizations implementing educational activities, taking into account the Rules for determining the amount of payment for utility services paid by tenants of residential premises in dormitories included in the housing stock of organizations engaged in educational activities, under contracts for the rental of residential premises in a dormitory, approved by Decree of the Government of the Russian Federation of November 14, 2014 N 1190 " On the Rules for determining the amount of payment for utility services paid by tenants of residential premises in dormitories included in the housing stock of organizations engaged in educational activities, under rental agreements for residential premises in the dormitory.

A) within 2 months, submit, in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal executive authorities, to the Government of the Russian Federation proposals for improving gas supplies to meet the household needs of citizens, approved by the Government of the Russian Federation on July 21, 2008. N 549, and functioning retail markets electrical energy approved by the Government of the Russian Federation dated August 31, 2006 N 530;

Approve in agreement with Federal service according to tariffs approximate form a payment document for payment of fees for the maintenance and repair of residential premises and the provision of utilities, as well as methodological recommendations for filling it out;

Submit in agreement with the Ministry economic development Russian Federation and the Federal Tariff Service in in the prescribed manner to the Government of the Russian Federation a draft act on amendments to the establishment and definition of standards for the consumption of utility services, approved by the Government of the Russian Federation dated May 23, 2006 N 306, providing, among other things:

Exclusion from the volumes of utility resources taken into account when determining standards for the consumption of utilities in residential premises, the volumes of utility resources provided for the maintenance of the common property of an apartment building, and regulatory technological losses communal resources;

The procedure for establishing standards for the consumption of utility services, with the exception of gas supply, when using land and outbuildings;

C) within a 5-month period, approve, in agreement with the Ministry of Economic Development of the Russian Federation, an energy service agreement aimed at saving and (or) increasing the efficiency of consumption of utilities when using common property in an apartment building;

D) within a 6-month period, approve the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as an inspection report to determine the presence (absence) of the technical feasibility of installing such metering devices and filling it out.

5. Recommend to authorities state power subjects of the Russian Federation to approve standards for the consumption of utilities in residential premises, standards for the consumption of utilities for general house needs, standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force, which are included in the establishment and definition of standards for the consumption of utilities services specified in this resolution.

Government of the Russian Federation dated May 23, 2006 N 307 “On the procedure for providing utility services to citizens” (Collection of Legislation of the Russian Federation, 2006, N 23, Art. 2501), with the exception of the Rules for the provision of utility services to citizens approved by the specified resolution (in part, concerning the procedure for calculating the amount of payment for utility services for heating), and Appendix No. 2 to these Rules (in the part concerning the procedure for calculating the amount of payment for utility services for heating), which become invalid from July 1, 2016;

Decree of the Government of the Russian Federation of July 21, 2008 N 549 “On the procedure for supplying gas to meet the household needs of citizens” (Collected Legislation of the Russian Federation, 2008, N 30, Art. 3635);

Amendments to the acts of the Government of the Russian Federation, approved by the Government of the Russian Federation dated July 29, 2010 N 580 “On amendments and invalidation of certain acts of the Government of the Russian Federation” (Collected Legislation of the Russian Federation, 2010, N 31, Art. 4273) .

Rules
provision of utility services to owners and users of premises in apartment buildings and residential buildings
(approved by Decree of the Government of the Russian Federation dated May 6, 2011 N 354)

1. These Rules regulate relations for the provision of utility services to owners and users of premises in apartment buildings, owners and users of residential buildings, including relations between providers and consumers of utility services, establish their rights and obligations, the procedure for concluding an agreement containing provisions for the provision of utility services services, as well as the procedure for monitoring the quality of provision of utility services, the procedure for determining the amount of payment for utility services using metering devices and in their absence, the procedure for recalculating the amount of payment for individual species utilities during the period of temporary absence of citizens in occupied residential premises, the procedure for changing the amount of payment for utilities when providing utilities poor quality and (or) with interruptions exceeding the established duration, determine the grounds and procedure for suspending or limiting the provision of utility services, and also regulate issues related to the liability of providers and consumers of utility services.

"in-house engineering systems" - engineering communications (networks), mechanical, electrical, sanitary and other equipment, which are the common property of the owners of premises in an apartment building, intended for the supply of utility resources from centralized utility networks to intra-apartment equipment, as well as for production and provision by the contractor utility services for heating and (or) hot water supply (in the absence of centralized heating and (or) hot water supply).

In residential buildings, in-house engineering systems include those located within the land plot on which the residential building is located, as well as engineering communications (networks), mechanical, electrical, sanitary and other equipment located in the residential building, using which utility services are consumed;

"indoor equipment" - located in a residential or non-residential premises in an apartment building and not included in the internal engineering systems of an apartment building, engineering communications (networks), mechanical, electrical, sanitary and other equipment, with the use of which utility services are consumed;

“household” - a residential building (part of a residential building) and adjoining and (or) separate outbuildings (garage, bathhouse (sauna, swimming pool), greenhouse (winter garden) on a common plot of land with the residential building (part of the residential building) , premises for keeping livestock and poultry, other facilities);

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

Decree 354 as last amended 2016,

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

Federal law in resolution 354 contains the following sections:

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

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

About utilities

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

For heating

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

For electricity

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

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

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

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

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

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

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

3. Establish that explanations on the application of the Rules approved by this Resolution are given by the Ministry regional development Russian Federation.

A) within 2 months, submit, in agreement with the Ministry of Energy of the Russian Federation and with the participation of interested federal executive authorities, to the Government of the Russian Federation proposals for improving the Rules for gas supply to meet the household needs of citizens, approved by the Decree of the Government of the Russian Federation of July 21, 2008 No. 549, and the main provisions for the functioning of retail electricity markets, approved by Decree of the Government of the Russian Federation of August 31, 2006 No. 530;

Approve, in agreement with the Federal Tariff Service, an approximate form of payment document for payment of fees for the maintenance and repair of residential premises and the provision of utilities, as well as methodological recommendations for filling it out;

Submit, in agreement with the Ministry of Economic Development of the Russian Federation and the Federal Tariff Service in the prescribed manner, to the Government of the Russian Federation a draft act on amending the Rules for establishing and determining standards for the consumption of utility services, approved by Decree of the Government of the Russian Federation of May 23, 2006 N 306, including:

Exclusion from the volumes of utility resources taken into account when determining standards for the consumption of utility services in residential premises, the volumes of utility resources provided for the maintenance of the common property of an apartment building, and standard technological losses of utility resources;

The procedure for establishing standards for the consumption of utility services, with the exception of gas supply, when using land and outbuildings;

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

D) within a 6-month period, approve the criteria for the presence (absence) of the technical feasibility of installing individual, common (apartment), collective (common house) metering devices, as well as the form of the inspection report to determine the presence (absence) of the technical feasibility of installing such metering devices and the procedure filling it out.

5. Recommend that government authorities of the constituent entities of the Russian Federation approve standards for the consumption of utilities in residential premises, standards for the consumption of utilities for general house needs, standards for the consumption of utilities when using a land plot and outbuildings no later than 2 months from the date of entry into force of the changes being made c Rules for establishing and determining standards for the consumption of utility services specified in paragraph four of subparagraph “b” of paragraph 4 of this Resolution.

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

Clause 3 of the Decree of the Government of the Russian Federation of July 21, 2008 N 549 “On the procedure for supplying gas to meet the household needs of citizens” (Collected Legislation of the Russian Federation, 2008, N 30, Art. 3635);

Clause 5 of the changes that are made to the acts of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation dated July 29, 2010 N 580 “On amendments and invalidation of certain acts of the Government of the Russian Federation” (Collected Legislation of the Russian Federation, 2010, N 31, Art. 4273).

1. These Rules regulate relations for the provision of utility services to owners and users of premises in apartment buildings, owners and users of residential buildings, including relations between providers and consumers of utility services, establish their rights and obligations, the procedure for concluding an agreement containing provisions for the provision of utility services services, as well as the procedure for monitoring the quality of provision of utility services, the procedure for determining the amount of payment for utility services using metering devices and in their absence, the procedure for recalculating the amount of payment for certain types of utility services during the period of temporary absence of citizens in the occupied residential premises, the procedure for changing the amount of payment for utility services when providing utility services of inadequate quality and (or) with interruptions exceeding the established duration, determine the grounds and procedure for suspending or limiting the provision of utility services, and also regulate issues related to the onset of liability of providers and consumers of utility services.

“intra-house engineering systems” - engineering communications (networks), mechanical, electrical, sanitary and other equipment, which are the common property of the owners of premises in an apartment building, designed to supply utility resources from centralized utility networks to intra-apartment equipment, as well as for production and provision by the contractor of utility services for heating and (or) hot water supply (in the absence of centralized heat supply and (or) hot water supply).

In residential buildings, in-house engineering systems include those located within the land plot on which the residential building is located, as well as engineering communications (networks), mechanical, electrical, sanitary and other equipment located in the residential building, using which utility services are consumed;

“intra-apartment equipment” - engineering communications (networks), mechanical, electrical, sanitary and other equipment located in residential or non-residential premises in an apartment building and not included in the internal engineering systems of the apartment building, with the use of which utility services are consumed;

“household” - a residential building (part of a residential building) and adjoining and (or) separate outbuildings (garage, bathhouse (sauna, swimming pool), greenhouse (winter garden) on a common plot of land with the residential building (part of the residential building) , premises for keeping livestock and poultry, other facilities);

“individual metering device” - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of consumption of a communal resource in one residential or non-residential premises in an apartment building (except for residential premises in a communal apartment), in a residential building ( parts of a residential building) or household ownership;

"performer" - entity regardless of the organizational and legal form or individual entrepreneur providing utility services to consumers;

“collective (common house) metering device” - a measuring instrument (a set of measuring instruments and additional equipment) used to determine the volume (quantity) of a communal resource supplied to an apartment building;

“utilities” - the activity of the contractor in supplying consumers with any utility resource separately or 2 or more of them in any combination in order to ensure favorable and safe conditions for the use of residential, non-residential premises, common property in an apartment building, as well as land plots and residential buildings (households) located on them;

"utilities" - cold water, hot water, Electric Energy, natural gas, thermal energy, household gas in cylinders, solid fuel in the presence of stove heating, used to provide utilities. Domestic wastewater discharged through centralized networks of engineering and technical support are also considered communal resources;

SUPREME COURT OF THE RUSSIAN FEDERATION

DEFINITION

Board of Appeal Supreme Court Russian Federation consisting of:

presiding Fedin A.I.,

members of the board G.V. Manokhina, I.V. Krupnova,

under secretary D.,

with the participation of prosecutor Masalova L.F.

considered in open court a civil case on the application of S. to recognize partially invalid paragraphs 2, 7, 21, 40, 150, subparagraph "c" of paragraph 34, subparagraphs "c", "d", "f" of paragraph 35, paragraphs 44 , 54, 88 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354, and paragraphs 10, 15 and 16 of Appendix No. 2 to these Rules,

on the appeal of S. against the decision of the Supreme Court of the Russian Federation of December 3, 2012, which rejected the application.

Having heard the report of the judge of the Supreme Court of the Russian Federation G.V. Manokhina, the explanations of the representative of the Government of the Russian Federation R., who objected to the arguments of the appeal, the conclusion of the prosecutor of the General Prosecutor's Office of the Russian Federation L.F. Masalova, who considered the appeal unfounded, the Appeal Board of the Supreme Court of the Russian Federation

installed:

in accordance with Article 157 Housing Code The Russian Federation, by Decree of the Government of the Russian Federation dated May 6, 2011 N 354, approved the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings (hereinafter referred to as the Rules).

According to paragraph nine of clause 2 of the Rules, utility services are the activities of a contractor to supply consumers with any utility resource individually or 2 or more of them in any combination in order to ensure favorable and safe conditions for the use of residential, non-residential premises, common property in an apartment building, and also land plots and residential buildings (households) located on them.

In accordance with paragraph fifteen of clause 2 of the Rules, a consumer is a person who uses, on the right of ownership or other legal basis, premises in an apartment building, residential building, household, consuming utilities.

Paragraph 7 of the Rules stipulates that an agreement containing provisions for the provision of utility services, concluded by the consumer performing implicit actions, is considered concluded under the conditions provided for by these Rules (first paragraph).

An agreement containing provisions for the provision of utility services, concluded in writing, must comply with the provisions of these Rules and may contain features of the execution of such an agreement in the cases and within the limits provided for by these Rules. If a written agreement containing provisions on the provision of utility services does not comply with the provisions of these Rules, it is considered concluded under the conditions provided for by the Rules (second paragraph)

Paragraph 21 of the Rules establishes that, unless otherwise specified in an agreement concluded with a resource supplying organization, such a resource supplying organization is responsible for the quality of the provision of utility services of the corresponding type at the interface between in-house engineering systems and centralized networks of engineering and technical support. Subparagraph "c" of paragraph 34 of the Rules introduces the obligation of the consumer, if there is an individual, common (apartment) or room metering device, to take its readings monthly from the 23rd to the 25th of the current month and transfer the received readings to the contractor or his authorized person no later than on the 26th day of the current month, except in cases where, in accordance with these Rules, an agreement containing provisions for the provision of utility services, and (or) decisions general meeting owners of premises in an apartment building, the actions to take readings from such metering devices are obliged to be carried out by the contractor (the person authorized by him) or another organization.

Clause 35 of the Rules establishes that the consumer does not have the right to: unauthorized dismantle or turn off the heating elements provided for by the design and (or) technical documentation for an apartment building or residential building, to unauthorizedly increase the heating surfaces of heating devices installed in a residential building beyond the parameters provided for in the design and (or) technical documentation for the apartment building or residential building (subparagraph "c"); regulate indoor equipment used for the consumption of communal heating services, and take other actions as a result of which the air temperature in the apartment building will be maintained below 12 degrees Celsius (subparagraph "e"); unauthorizedly connect consumer equipment to in-house engineering systems or to centralized networks of engineering support directly or bypassing metering devices, make changes to in-house engineering systems (subparagraph "e").

Clause 40 of the Rules provides that the consumer of utilities in an apartment building, regardless of the chosen method of managing the apartment building, as part of the payment for utility services, separately pays for utility services provided to the consumer in residential or non-residential premises, and for utilities consumed in the process of using common property in an apartment building (hereinafter referred to as utilities provided for general house needs) (paragraph one); the consumer of a utility service for heating and (or) hot water supply, produced and provided by the contractor to the consumer in the absence of centralized heat supply and (or) hot water supply, pays a total fee for such utility service, calculated in accordance with paragraph 54 of the Rules and including as a fee for the utility service , provided to the consumer in residential or non-residential premises, and payment for utility services provided for general house needs (second paragraph).

Clause 44 determines that the amount of payment for utility services provided for common house needs in an apartment building equipped with a collective (common house) metering device is determined in accordance with formula 10 of Appendix No. 2 to the Rules.

The volume of utility services provided during the billing period for general house needs is calculated and distributed among consumers in proportion to the size total area residential or non-residential premises in an apartment building belonging to each consumer (in his use) in accordance with formulas 11, 12, 13 and 14 of Appendix No. 2 to the Rules.

Clause 54 of the Rules regulates relations related to the independent production of utility services for heating and (or) hot water supply (in the absence of centralized heating and (or) hot water supply) using equipment that is part of the common property of the owners of premises in an apartment building, determines the procedure for implementation calculating the amount of payment for consumers for such a utility service, the volume of utility resources used in the production in the presence of a metering device and in its absence, provides for determining the amount of consumer payment for a heating utility service (in the absence district heating); establishes that the payment for utility services for heating and (or) hot water supply, made by the contractor using equipment that is part of the common property of the owners of premises in an apartment building, does not include the costs of maintaining and repairing such equipment, the costs of maintaining and repairing such equipment are included in the fee for the maintenance and repair of common property in an apartment building.

According to paragraph 88 of the Rules, the amount of payment for utilities for general house needs is not subject to recalculation due to the temporary absence of the consumer in the residential premises.

Clause 150 of the Rules provides for the consumer’s right to demand from the contractor payment of penalties (fines, penalties) in the amount specified in the Law of the Russian Federation of February 7, 1992 N 2300-1 “On the Protection of Consumer Rights”, in the cases specified in clause 157 of the Rules.

Clause 10 of Appendix No. 2 to the Rules contains formula 10 and its components, which make it possible to determine the amount of payment for utility services provided for general house needs in an apartment building for 1 residential premises (apartment) or non-residential premises in accordance with paragraphs 44 - 48 of the Rules. The formula is the product of the volume (quantity) of a communal resource provided during the billing period for general house needs in an apartment building and pertaining to the 1st residential premises (apartment) or non-residential premises and the tariff for the corresponding communal resource established in accordance with the legislation of the Russian Federation.

Clause 15 of Appendix No. 2 to these Rules provides formula 13 to determine the volume (quantity) of thermal energy per residential premises (apartment) or non-residential premises provided during the billing period for common house needs in an apartment building equipped with a collective (community) heat energy meter, if in such an apartment building part or all of the residential and non-residential premises are equipped with individual and (or) general (apartment) heat energy metering devices.

Clause 16 of Appendix No. 2 to these Rules introduces formula 14 for calculating the volume (quantity) of thermal energy per 1 residential premises (apartment) or non-residential premises provided during the billing period for common house needs in an apartment building equipped with a collective (common house) appliance heat energy metering, if in such an apartment building there are no individual and common (apartment) heat energy meters in all residential and non-residential premises.

S. appealed to the Supreme Court of the Russian Federation with an application to invalidate paragraphs 2, 7, 21, 40, 150, subparagraph "c" of paragraph 34, subparagraphs "c", "e", "f" of paragraph 35, paragraphs 44, 54 , 88 of the Rules and paragraphs 10, 15 and 16 of Appendix No. 2 to these Rules, in the part that prescribes payment for utilities provided for general house needs, which he does not order and does not consume. In support of the stated requirements, he indicated that paragraphs 2, 40, 44, 54, 88 of the Rules and paragraphs 10, 15 and 16 of Appendix No. 2 to these Rules contradict Articles 421, 779, 781 Civil Code Russian Federation, articles 154, 157 of the Housing Code of the Russian Federation. The requirement of paragraph 7 of the Rules that the agreement containing provisions on the provision of public services comply with the conditions provided for by these Rules violates the principle of freedom of contract enshrined in Article 421 of the Civil Code of the Russian Federation. Clause 21 of the Rules illegally establishes the responsibility of the resource supplying organization for the quality of provision of public services of the corresponding type at the interface between in-house engineering systems and centralized networks of engineering support; subparagraph "c" of paragraph 34 introduces additional duty on taking readings from metering devices, in comparison with consumers who do not have metering devices, which worsens his (S.) position. The provisions of subparagraphs "c", "d", "e" of paragraph 35 of the Rules limit the rights of the owner provided for in Article 209 of the Civil Code of the Russian Federation to use property in relation to indoor equipment, and paragraph 150 of the Rules limits the application of the Law of the Russian Federation "On the Protection of Consumer Rights" with reference to the cases provided for in paragraph 157 of these Rules.

By decision of the Supreme Court of the Russian Federation on December 3, 2012, the application was denied.

In the appeal, S. asks for the court decision to be canceled, citing its illegality and groundlessness, and for a new decision to be made. Believes that the court of first instance did not apply the rules of substantive law to be applied in resolving this case, the court’s conclusions on the legality of the contested provisions Rules do not correspond to the actual circumstances of the case and the current federal legislation.

S. did not appear at the hearing of the Board of Appeal; he was notified of the time and place of the trial in the manner prescribed by law.

The appeal board of the Supreme Court of the Russian Federation, having checked the case materials and discussed the arguments of the appeal, finds the court decision subject to cancellation in terms of the refusal to invalidate subparagraph “c” of paragraph 34 of the Rules. The rest of the decision must be left unchanged.

In accordance with Part 1 of Article 157 of the Housing Code of the Russian Federation, the amount of payment for utility services is calculated based on the volume of consumed utility services, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utility services approved by government bodies of the constituent entities of the Russian Federation in accordance with the procedure established by the Government of the Russian Federation. Rules for the provision, suspension and restriction of the provision of utility services to owners and users of premises in apartment buildings and residential buildings, as well as rules mandatory upon conclusion managing organization or a homeowners' association or a housing cooperative or other specialized consumer cooperative of contracts with resource supply organizations are established by the Government of the Russian Federation.

In pursuance of the above norm of the Code, the Government of the Russian Federation approved the Rules regulating relations for the provision of utility services to owners and users of premises in apartment buildings, owners and users of residential buildings, including relations between providers and consumers of utility services, establishing their rights and obligations, the procedure for conclusion agreement containing provisions on the provision of utility services, the procedure for monitoring the quality of the provision of utility services, the procedure for determining the amount of payment for utility services using metering devices and in their absence, the procedure for recalculating the amount of payment for certain types of utility services during the period of temporary absence of citizens in the occupied residential premises , the procedure for changing the amount of payment for utility services when providing utility services of inadequate quality and (or) with interruptions exceeding the established duration, determine the grounds and procedure for suspending or limiting the provision of utility services, and also regulate issues related to the onset of liability of providers and consumers of utility services (paragraph 1).

Having analyzed the points 2, 7, 21, 40, 150, subparagraphs “c”, “e”, “e” of paragraph 35, paragraphs 44, 54, 88 of the Rules, paragraphs 10, 15 and 16 of Appendix No. 2 to these Rules, challenged by the applicant compliance with the provisions of the current legislation, the court came to the correct conclusion that the Rules were adopted by the Government of the Russian Federation within the powers granted to it, the provisions of these paragraphs of the Rules in the contested part do not contradict the federal law or other regulatory legal act of greater legal force, the rights of freedoms and legitimate interests are not violated.

Thus, the court correctly proceeded from the fact that the contested paragraph nine of paragraph 2 of the Rules, which reveals the concept of public services as the implementation of the activities of a contractor (a legal entity, regardless of the legal form or an individual entrepreneur) for supplying consumers with any communal resource separately or 2 or more of them in any combination in order to ensure favorable and safe conditions for the use of residential, non-residential premises, common property in an apartment building, as well as land plots and residential buildings (households) located on them, does not contradict the provisions of Part 3 of Article 145, Articles 161, 164, as well as Article 15 of the Housing Code of the Russian Federation, from the content of which it is clear that they define a utility service as the activity of a utility service provider, ensuring the acquisition of the corresponding utility resource and the delivery of this utility resource in order to ensure favorable and safe living conditions for citizens.

The applicant’s reference to the provisions of Article 779 of the Civil Code of the Russian Federation, to the contradiction of paragraph 2 of the Rules of which the applicant points out in the appeal, was correctly recognized by the court of first instance as unfounded, since this norm of the Code does not disclose the concept of “utilities” and does not regulate the legal relations in question.

The conclusion of the court of first instance on the legality of the contested norm of the Rules and the applicant’s references in the appeal to paragraph 2 of Article 13 of the Federal Law of December 7, 2011 N 416-FZ “On Water Supply and Sanitation”, which provides that the provisions on the energy supply agreement provided for by the Civil Code of the Russian Federation, and the norms of the Federal Law of July 27, 2010 N 190-FZ “On Heat Supply”, containing similar provisions that, as the applicant erroneously believes, were subject to application by the court when resolving this case.

In accordance with part 4 of article 154, part 3 of article 162 of the Housing Code of the Russian Federation, the Rules define that communal resources are cold water, hot water, electric energy, natural gas, thermal energy, household gas in cylinders, solid fuel in the presence of a stove heating used to provide public services. Domestic wastewater discharged through centralized networks of engineering and technical support are also considered communal resources.

Disagreeing with the applicant’s allegations about the illegal imposition on the consumer of the obligation to pay for services for common house needs, which he did not order or consume, under paragraph 2 of the Rules, the court, based on the provisions of the Rules for the maintenance of common property in an apartment building, approved by the Decree of the Government of the Russian Federation of August 13, 2006 No. 491 (hereinafter referred to as the Rules for the maintenance of common property), which do not provide for the inclusion of expenses for payment of utilities in the price of work and services for the maintenance of the common property of an apartment building (subparagraphs “d”, “e” of paragraph 11 and paragraph 16), the court reasonably indicated in the decision that the owner of the premises, paying a fee for the maintenance and repair of the residential premises, does not pay for utilities consumed for general house needs.

Given such data, the court’s conclusion that services for the maintenance and repair of common property and utilities are independent types of activities for managing an apartment building is legitimate.

Recognizing the legality of paragraph 7 of the Rules, the court reasonably proceeded from the fact that its provisions, adopted in pursuance of the norms of the Housing Code of the Russian Federation, providing that freedom of contract is not absolute and is regulated by law, do not contradict paragraph 2 of Article 1 and Article 421 of the Civil Code of the Russian Federation Federation, enshrining the principle of freedom of contract.

The court had no grounds for invalidating paragraph 21 of the Rules, since its provisions, in the contested part, provide for the responsibility of the resource supplying organization for the quality of provision of public services of the corresponding type at the boundary between intra-house engineering systems and centralized networks of engineering support, unless otherwise specified in agreement concluded by the resource supplying organization, reproduce the provisions of Part 15 of Article 161 of the Housing Code of the Russian Federation, establishing General requirements to the activities of managing an apartment building, and do not contradict Article 539 of the Civil Code of the Russian Federation, as the applicant erroneously claims in the appeal, since this rule of law does not regulate relations related to determining the boundaries of responsibility for the regime and quality of provision of public services of the corresponding type.

The court correctly disagreed with the applicant’s statement about the contradiction of the disputed subparagraphs “c”, “d”, “e” of paragraph 35 of the Rules with paragraph 3 of Article 541 of the Civil Code of the Russian Federation, which provides that in the case where the subscriber under the energy supply agreement is a citizen using energy household consumption, he has the right to use energy in the quantity he needs. At the same time, he reasonably proceeded from the fact that, in accordance with Articles 2, 29, 36 of the Federal Law of December 30, 2009 N 384-FZ “Technical Regulations on the Safety of Buildings and Structures”, the engineering and technical support system, including those intended to perform heating functions, must meet the requirements project documentation in order to ensure the safety requirements of buildings and structures during operation, while the requirements for microclimate parameters, depending on the purpose of buildings or structures, living conditions or activities of people in the premises, are determined in construction and sanitary-epidemiological norms and rules.

The building codes and regulations SNiP 41-01-2003 “Heating, ventilation and air conditioning”, adopted and put into effect by the Decree of the State Committee of the Russian Federation for Construction and Housing and Communal Sector on June 26, 2003 N 115, provide for restrictions on air temperature (up to 12 degrees Celsius) (paragraph two of subparagraph "b" of paragraph 5.1), therefore, as correctly stated in the court decision, the possibility of independent dismantling, turning off heating elements, unauthorized increase in the heating surface of heating devices installed in a residential premises, provided for by the design and (or ) technical documentation for an apartment building or residential building, as well as unauthorized connection of consumer equipment to intra-building engineering systems or making changes to this system, regulating intra-apartment equipment or performing other actions as a result of which the air temperature in the apartment building will be maintained below 12 degrees Celsius. At the same time, this legal regulation does not cancel the right of a citizen to use energy for domestic consumption in the quantity he needs, as well as the right to reduce the heat load to certain values.

Therefore, the conclusion of the court of first instance that subparagraphs “c”, “d”, “e” of paragraph 35 of the Rules do not contradict the current federal legislation is justified.

References in the appeal to the provisions of Articles 10, 290, 541 of the Civil Code of the Russian Federation, on the basis of which, in the opinion of the applicant, the consumer has the right to independently dismantle or turn off heating elements, independently increase the heating surfaces of heating devices and make changes to in-house engineering systems, are based on incorrect interpretation of substantive law and do not affect the correctness of the court’s conclusion about the legality of the contested provisions paragraph 35 Rules, since the mentioned norms of the Code do not establish safety requirements for buildings and structures during operation and for the microclimate of the premises.

Based on the content of parts 6.3 and 7.1 of Article 155 of the Housing Code of the Russian Federation, put into effect by the Federal by law dated June 4, 2011 N 123-FZ "On amendments to the Housing Code of the Russian Federation and certain legislative acts of the Russian Federation", providing that payment for utilities consumed when using common property in an apartment building is separated from the payment for utilities and taken into account separately, the court of first instance came to the reasonable conclusion that paragraphs 40 and 44 of the Rules do not contradict the above requirements of the Housing code of the Russian Federation, since the contested provisions in the payment for utility services separately determine the payment for utility services provided to the consumer in residential or non-residential premises and the payment for utility services consumed for general house needs.

The contested provisions of the Rules do not contradict, as the court correctly indicated in the decision, and article 37 Housing Code of the Russian Federation, which establishes the principle of determining the size of shares in the right of common ownership of common property in an apartment building, which is general rule and is subject to application in connection with the use of common property, the incurrence of mandatory expenses for the maintenance of common property in an apartment building (Part 2 of Article 39 of the Code).

According to paragraph 10 of Appendix No. 2 to the Rules, which provides a formula for determining the amount of payment for utility services provided for common building needs in an apartment building equipped with a collective (common building) metering device for 1 residential premises (apartment) or non-residential premises using a volume indicator , calculated in accordance with the above rule of proportional distribution, as well as paragraphs 15 and Appendix No. 2 to the Rules, which contain formulas 13 and 14 that determine the volume (quantity) of thermal energy per room provided during the billing period for general house needs in an apartment building , if part or all of the residential and non-residential premises are equipped with an individual metering device and if there are no individual metering devices in the house in all residential and non-residential premises, respectively, the volume of thermal energy per room is determined taking into account the rule on the distribution of the volume (quantity) of thermal energy provided for the billing period for general house needs in proportion to the area of ​​the premises.

Taking into account the above and taking into account that there is no other normative legal act that has greater legal force, establishing other rules and indicators for calculating this volume, the court came to the correct conclusion that paragraph 44 of the Rules, paragraphs 10, 15 and 16 of Appendix N 2 to the Rules do not contradict the current legislation, including the norms of the Federal Law "On Heat Supply", which the applicant erroneously points out in the appeal.

Recognizing as legal paragraph 54 of the Rules, establishing as general rule that the amount of payment for utility services is calculated by the contractor based on the volume of utility resources used during the billing period in the production of utility services for heating and hot water supply, and the tariff (price) for the utility resource used in production, the court of first instance rightfully proceeded from the fact that that its provisions require that the amount of utility charges be determined in accordance with formula 20 Appendix No. 2 to these Rules as the sum of two components: the product of the volume of hot water consumed by the consumer, prepared by the contractor, and the tariff for cold water, and the cost of the utility resource used to heat cold water in the production of public services for hot water supply, attributed to the consumer in each residential and non-residential premises in proportion to the volume of hot water consumed during the billing period in residential or non-residential premises.

In this case, the volume of a utility resource used in production is determined based on the readings of a meter that records the volume of such a utility resource. If one utility resource is used both to provide the corresponding type of utility service and to produce and provide another type of utility service, the amount of resource spent on each type of utility service is recorded separately. In the absence of metering devices, the volume of such a resource is determined by the specific costs of producing a unit of thermal energy for heating purposes or a unit of hot water for hot water supply.

Given such data, the court’s conclusion about the legality of paragraph 54 of the Rules is legitimate.

Based on Part 11 of Article 155 of the Housing Code of the Russian Federation, which establishes that the contractor does not have the right to redistribute the amounts of payments for utility services that have not been paid by the payer or the provision of which is not interrupted in the temporary absence of the payer, between other payers for a given house, except in cases where the recalculation payments for the period of temporary absence are carried out in the manner approved by the Government of the Russian Federation, the court of first instance came to the correct conclusion about the compliance of paragraph 88 of the Rules, which excludes the recalculation of the amount of this fee in the event of a consumer’s temporary absence from the residential premises, with the said norm of the Code.

The reference in the appeal to the fact that the cited provisions of Article 155 of the Housing Code of the Russian Federation were not subject to application to the issue under consideration is unfounded and cannot serve as a reason for canceling the court decision.

It does not contradict the requirements of the current legislation, as the court correctly indicated in the decision, and paragraph 150, in the contested part, since its provisions are permissive in nature and do not abolish the right of a citizen who uses public services to meet personal, family, household, household and other needs, does not related to the implementation of entrepreneurial activities, to present to the contractor the requirements stipulated by by law Russian Federation "On the protection of consumer rights".

The court, having established that the provisions of paragraphs 2, 7, 21, subparagraphs “c”, “e”, “f” of paragraph 35, “>paragraphs 40, 44, 54, 88, 150 of the Rules, paragraphs 10, 15 and 16 of Appendix No. 2, challenged by the applicant to these Rules, in the contested part, do not contradict the current federal legislation, the rights, freedoms and legitimate interests of the applicant are not violated, lawfully, on the basis Part 1 of Article 253 of the Civil Procedure Code of the Russian Federation, decided to refuse to satisfy this part of the requirements.

The court of first instance, refusing to satisfy the request for recognition as invalid subparagraph "c" of paragraph 34 Rules, according to which the consumer is obliged, if he has an individual, common (apartment) or room meter, to take its readings monthly from the 23rd to the 25th of each month and transfer the received readings to the contractor or authorized person no later than the 26th of the current month month, proceeded from the fact that, ensuring the fulfillment of the requirements of Part 1 of Article 157 of the Housing Code of the Russian Federation, the Government of the Russian Federation had the right to establish such an obligation. At the same time, I took into account that subparagraph "c" of paragraph 34 The Rules provide for cases when, in accordance with the disputed part of the Rules, an agreement containing provisions on the provision of utility services and (or) decisions of the general meeting of owners of premises in an apartment building, actions to take readings from such metering devices are required to be carried out by an executor (authorized person) or another organization.

Point 3 The Rules, specifying the contested order, stipulate that the contractor must take readings from individual metering devices, including in ways that allow for the possibility of remote transmission of information, in particular by telephone, using the Internet.

The court came to the conclusion that subparagraph “c” of paragraph 34 of the Rules, having defined the methods and conditions for fulfilling the obligation, both for taking and transmitting readings of individual metering devices, and, securing the possibility of its implementation by other persons, cannot be considered as violating the rights of the applicant.

However, this conclusion of the court was made without taking into account the fact that the responsibility imposed on a citizen-consumer who uses communal resources to satisfy personal, family, household, household and other needs not related to entrepreneurial activity, the obligation to transfer the received readings to the executor or a person authorized by him no later than the 26th day of the current month, including in ways that allow the possibility of remote transfer of information about meter readings (telephone, Internet, etc.) cannot always be fulfilled by citizens - consumers due to the lack of such an opportunity.

Subclause "g" of clause 31 of the Rules does not indicate in what other ways that allow the possibility of transmitting meter readings, other than "telephone", "Internet", this information can be transmitted to the contractor.

As a representative of the Government of the Russian Federation explained at the court hearing of the Board of Appeal, in connection with the entry into force of these Rules A citizen-consumer does not have the right, in the manner that was in effect previously, to independently fill out receipts indicating the readings taken from an individual meter, calculate the resources consumed and pay for them by the 10th day of the month following the billing month.

Thus, before the entry into force of the Rules, information about the meter readings could be sent to the contractor even after the currently established deadline - after the 26th of the current month.

Currently, for a certain category of citizen-consumers, who are the weakest and least protected party in the contract for the provision of public services, requiring special protection of their rights, the obligation to transfer information about meter readings to the contractor before the 26th of the current month in connection with the lack of a telephone, the Internet, or other means of communication, is difficult, and in some cases impossible. Since the citizen-consumer is charged, without his consent and taking into account the presence or absence of the opportunity, to fulfill the obligation to transmit the readings of an individual meter before the 26th day of the current month, in fact, the contract for the provision of services to the consumer-citizen includes a condition that infringes on his rights, that unacceptable due to Article 16 Law of the Russian Federation of February 7, 1992 N 2300-1 “On the Protection of Consumer Rights” (with subsequent amendments and additions).

At the same time, the Board of Appeal takes into account that violation of the deadline for submitting readings from an individual meter entails unfavorable consequences for the citizen-consumer: the payment for a utility service is determined from the calculated average monthly volume of consumption of a utility resource, but not more than 3 billing periods (clause 59 of the Rules). After these maximum billing periods, utility fees will be calculated based on consumption standards. If the consumer fails to fulfill his obligation to transmit the readings of an individual meter by the 26th day of the current month for more than three months in a row, the contractor, by virtue of paragraph 84 of the Rules, is obliged to carry out the check specified in paragraph 82 of the Rules and take the readings of the individual meter.

With such data, in order to ensure the principle of equality of parties and fairness, the citizen-consumer should be given the opportunity to influence the terms of the contract regarding the imposition on him of the obligation to transfer the received meter readings to the contractor or his authorized person no later than the 26th day of the current month, so that he was not assigned a duty that he could not fulfill, which would make it possible to exclude a violation of his rights.

Refusing to satisfy the application in this part of the requirement, the court of first instance indicated that the citizen-consumer, in accordance with subparagraph “c” of paragraph 34 of the Rules, has the opportunity to instruct other persons to transfer meter readings to the contractor. However, this circumstance in itself does not relieve the consumer citizen from fulfilling the obligation to transfer information about the readings of the metering device within the prescribed period to the contractor or his authorized person.

In accordance with the Housing Code of the Russian Federation, citizens and organizations are obliged to pay utility bills on time and in full (Part 1 of Article 153); payment for utility services is paid monthly before the tenth day of the month following the expiration of the month, unless a different period is established by the management agreement of the apartment building or by a decision of the general meeting of members of the housing association, housing cooperative or other specialized consumer cooperative, created to meet the housing needs of citizens in accordance with federal law about the cooperative; payments for utility services are paid on the basis of payment documents submitted no later than the first day of the month following the expiration of the month, unless a different period is established by the management agreement of the apartment building or by a decision of the general meeting of members of the homeowners association, housing cooperative or other specialized consumer cooperative (part 1 , 2 Article 155).

From the content of the above legal provisions (in fact, they were in effect in a similar version before the entry into force of the Rules), it is clear that the consumer is not obligated to transfer the received meter readings to the contractor or authorized person no later than the 26th day of the current month. Inclusion in the contract for the provision of utility services to the consumer of a condition that is not directly provided for by law, but does not contradict it, is possible only by agreement of the parties in accordance with Article 421 of the Civil Code of the Russian Federation.

Given such data, the Board of Appeal considers the court’s decision to be canceled in part and, in accordance with Article 328 of the Civil Procedure Code of the Russian Federation, to make a new decision in this part, which invalidates subparagraph “c” of paragraph 34 of the Rules regarding the consumer’s obligations in the presence of an individual, common (apartment) or room metering device, monthly transfer the received readings to the contractor or his authorized person no later than the 26th day of the current month. The rest of the decision must be left unchanged.

Guided by Articles 328, 329 of the Civil Procedure Code of the Russian Federation, the Appeals Board of the Supreme Court of the Russian Federation

determined:

the decision of the Supreme Court of the Russian Federation dated December 3, 2012 to cancel in part, to adopt a new decision in this part, which invalidates subparagraph “c” of paragraph 34 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by a resolution of the Government of the Russian Federation Federation dated May 6, 2011 N 354, regarding the obligation of the consumer, if there is an individual, common (apartment) or room metering device, to monthly transfer the received readings to the contractor or his authorized person no later than the 26th day of the current month.

The rest of the court's decision was left unchanged, and S.'s appeal was not satisfied.

Chairman A.I.FEDIN

Board members

G.V.MANOKHINA

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. And also the owners have the right to receive, as well as Management Company provide utility resources of appropriate quality in the required quantities. Accounting for volumes of consumption of utility resources is determined by metering devices. The rights of citizens of the Russian Federation are protected by the state, Articles 2 and 15 of the Constitution of the Russian Federation and the Law on the Protection of Consumer Rights.

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

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

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

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

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

Starkova Nadezhda Vasilievna

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

[email protected]

COMMENTS

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Tosya
21.02.2019, 11:28

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

Catherine
15.08.2018, 17:21

On July 10, 2018, the Constitutional Court of the Russian Federation declared the provisions of Part 1 of Art. 157 of the Housing Code of the Russian Federation, as well as paragraphs 3 and 4 of clause 42.1 of the Rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings. As the Constitutional Court indicated, the federal legislator should introduce necessary changes into 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?