The rules approved by Resolutions No. 307,306 of the Government of Russia
(Rules approved by Resolutions No. 307,306 of the Government of Russia)
Resolutions of the Government of Russia No. 307, No. 306 of May 23, 2006 approved "Rules for the provision of public services to citizens" and "Establishment and definition of standards for the consumption of public services", which marked the onset of changes in the work of energy supply and transport organizations. In this article, we will try to discuss the most controversial aspects of these rules.
Important terms used in the text of the resolution:
"standard of consumption of public services" - the monthly volume (amount) of consumption of communal resources by the consumer, used in determining the amount of utility fees in the absence of individual, common (flat) meters, and in other cases specified in these Regulations;
"collective (common house) metering device" - a measuring instrument used to determine the amount (amount) of communal resources filed in an apartment building;
"common (flat) meter" - a measuring instrument used to determine the amount (amount) of consumption of communal resources in a communal apartment;
"individual metering device" is a measuring device used to determine the amount (amount) of consumption of communal resources by consumers living in a single residential building of an apartment building or in an apartment building;
"authorized bodies" - local self-government bodies, in cities of federal significance in Moscow and St. Petersburg - state authorities of the relevant constituent entity of the Russian Federation, in respect of electricity supply and gas supply services - state authorities of the subjects of the Russian Federation.
And now interesting excerpts from the rules.
III. The procedure for calculating and paying utility fees 16. In the presence of individual, common (apartment) meters in the premises and in the absence of collective (common-house) metering devices, the fee for utilities is determined on the basis of indications of individual, common (apartment) meters. 19. When The amount of utility fees in residential premises is determined by b) for cold water supply, hot water supply, water disposal and electricity supply - in accordance with subparagraph 3 of paragraph 1 of Appendix No. 2 to this Regulation . Unless otherwise stipulated by the contract, the consumer is considered temporarily residing in a residential area for a period, the duration and the day of the beginning of which are indicated by the consumer in the notice sent to the executor, and the utility fee for a temporary resident consumer is calculated in proportion to the number of days lived. In this case, the contractor produces 1 time per quarter, and if this is stipulated by the contract - once a year, the adjustment of the fee for such utilities in accordance with subparagraph 4 of paragraph 1 of Appendix No. 2 to this Regulation;
CALCULATION OF THE SIZE OF THE BOARD FOR MUNICIPAL SERVICES
1. In the absence of collective (house-building), general (apartment) and individual metering devices in an apartment building or in the premises of an apartment building, the amount of utility fee in a residential building is determined in the following order: 3) the amount of payment for cold water supply, hot water supply, water disposal and electricity (rub.) is determined by the formula:
P = n * N * T, (3) ky.i i j ky
where: n - number of citizens living (registered) in the i-th living quarters (apartment, apartment building) (people); N - the norm of consumption of the relevant public utilities j (for cold water supply, hot water supply and water disposal - cu m per month for 1 person, for electricity supply - kWh per month for 1 person); T - the tariff for the corresponding utility resource, ky established in accordance with the legislation of the Russian Federation (for cold water supply, hot water supply and water disposal - RUR / m3, for electricity - RUR / kWh); The standard used in the calculation is determined in accordance with the Rules for the Establishment and Determination of Standards for the Consumption of Public Utilities: 3. The norms for the consumption of communal services established in accordance with these Regulations shall be applied in the absence of metering devices and are designed to determine the amount of payment for utilities. 4. The norms for the consumption of public services are approved by the authorized bodies. Recall that the authorized bodies for the approval of standards for electricity consumption bodies from the definition are now state authorities of the subjects of the Russian Federation. This is where the first problem arises - previously this standard was approved by the local government. Some heads of administrations under the pressure of interested parties have already hastened to abolish their decisions. The new standards are not yet approved (how often we have such things happen).
II. Conditions for setting standards for the consumption of public services 8. The establishment of standards for the consumption of public services is carried out on the initiative of authorized bodies or resource-supplying organizations. We read further: IV. Rights and obligations of the performer
49. The executor is obliged: f) in the presence of collective (obschedomovyh) metering devices, monthly, during the last week of the month, to withdraw their testimony and record in the log of indications of collective (obschedomovyh) metering devices. At the request of the consumer, within one business day following the circulation day, provide the consumer with the indicated log;
50. The contractor has the right: b) to require admission to the time agreed in advance with the consumer in the occupied premises of employees or representatives of the executor (including emergency workers) to inspect the technical and sanitary condition of the apartment equipment and perform the necessary repair work, and for liquidation accidents - at any time; d) in a time agreed in advance with the consumer, but not more often than once in 6 months, to verify the correctness of the consumer's taking of the indications of individual meters, their serviceability, and the integrity of the seals;
V. Rights and obligations of the consumer
51. The consumer has the right: d) to ensure the safety of seals on collective (common house), common (apartment) or individual meters and distributors installed in a dwelling; e) to allow the employees and representatives of the executor (including employees of emergency services), representatives of the state control and supervision bodies to inspect the technical and sanitary condition of the apartment equipment and perform the necessary repair work in advance of the time agreed with the executor, and representatives of the performer including employees of emergency services) for the elimination of accidents - at any time; f) in a time agreed in advance with the executor (not more often than once in 6 months) to ensure admission for taking readings of common (apartment) and individual metering devices; We think that every employee of an energy supply or transport organization in these lines sees one thing: the ability to manipulate with accounting nodes with the aim of "stealing electricity" with impunity. In such conditions, it is very difficult to detect thefts, but it's impossible to catch it "in the act". Accordingly, it is impossible to win a court against an dishonest consumer.
In support of the fight against losses, there are the following: 34. In case of detection of unauthorized connection to the system of pipelines, electrical networks, equipment, devices and structures thereon, intended for the provision of public services, for the proper technical condition and safety of which the performer (connected network) is responsible, the executor has the right to recalculate the amount of payment for utilities consumed without proper accounting for the 6 months preceding the month in which the commission was made and perform further settlements with the consumer in accordance with clauses 19, 21 and 22 of these Rules until the day of elimination of violations, inclusive. The situation with the counters with the expired state control period has been clarified: 31. In the event of a malfunction of the individual meter (if the volume (quantity) of consumption of communal resources in a residential building is determined by several meters, if at least one meter is malfunctioning) its verification, established by the manufacturer, unless otherwise established by regulatory legal acts of the Russian Federation, or in case of violation of the integrity of the seals on it, the calculations are made in accordance with paragraphs 19, 21 and 22 of these Rules.
Changes were made in the procedure for suspension or restriction of the provision of public services: 80. The contractor has the right to suspend or restrict the provision of utility services 1 month after a written warning (notice) to the consumer in the event of: a) incomplete payment by the consumer of communal services. Under incomplete payment of utilities is understood as the consumer's debt for payment of one or several public services exceeding 6 monthly fees determined on the basis of the relevant standards for consumption of utilities and tariffs in force on the day of limiting the provision of public services, provided there is no agreement on the repayment of debts , concluded by the consumer with the executor, and (or) at non-fulfillment of the terms of such agreement; The period of six months is considerable. And one more interesting point: The owners of the premises in the apartment building and the owners of the apartment houses pay a fee for the volumes (quantity) of cold water, hot water, electric energy , gas and heat energy purchased from the resource supply organization , as well as for the rendered sanitation services based on the instrument readings accounting established at the border of the networks that make up the general property of owners of premises in the apartment building or belonging to the owners of residential houses, with the systems of communal infrastructures , Unless otherwise stipulated by the legislation of the Russian Federation. The total amount (quantity) of consumed cold water, hot water, electric energy, gas and heat energy, as well as the wastewater discharged, determined on the basis of the testimony of collective (common house) meters , is distributed between the said owners in the order established by paragraph 21 of these Rules, and in the presence in all premises of an apartment building of individual or common (apartment) meters - in proportion to their indications . In the absence of these meters, the calculation of the amount of the fee shall be made in the manner prescribed by paragraph 19 of these Rules. Such times have come, these rules will get accustomed, whether we survive and "survive" - we'll see.