The rules approved by the Decree №307,306 of the Government of Russia
(Rules approved by the Decree №307,306 of the Government of Russia)
Decisions of the Government of Russia N 307, N 306 of May 23, 2006 approved the “Rules for the provision of public services to citizens” and “Establishing and determining standards for the consumption of public services”, which marked the beginning 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 decision:
" Utilities Utilization Standard" - the monthly volume (quantity) of utilization of utility resources by the consumer, used when determining the amount of utility payments in the absence of individual, common (residential) metering devices, as well as in other cases specified in these Rules;
"collective (common) metering device" - a measurement tool used to determine the amount (quantity) of utility resources filed in an apartment building;
"common (apartment) metering device" - a measurement tool used to determine the amount (quantity) of consumption of utility resources in a communal apartment;
"individual metering device" - a measurement tool used to determine the volume (quantity) of consumption of utility resources by consumers living in the same dwelling premises of an apartment building or in a residential building;
"authorized bodies" are local authorities, in cities of federal significance Moscow and St. Petersburg are the state authorities of the relevant subject of the Russian Federation, and in relation to electricity and gas supply services are the state authorities of the subjects of the Russian Federation.
And now interesting excerpts from the rules.
III. The order of calculation and payment of utility bills 16. In the presence of individual, common (apartment) metering devices in the premises and in the absence of collective (common) metering devices, the amount of the utility bill is based on the indications of individual, common (apartment) metering devices. 19. When in the absence of collective (common), common (apartment) and individual metering devices , the amount of utility bills in residential premises is determined: b) for cold water supply, hot water supply, drainage and electricity supply - in accordance with subclause 3 of clause 1 of Appendix N 2 to this Regulation . Unless otherwise established by the contract, the consumer is considered to be temporarily living in a dwelling during the period, the duration and day of commencement of which are indicated by the consumer in the notification sent to the contractor, and the charge for the temporarily living consumer is calculated in proportion to the number of days lived. In this case, the contractor makes 1 time per quarter, and if it is provided by the contract - once a year, the adjustment of the amount of payment for such utilities in accordance with subparagraph 4 of paragraph 1 of Appendix N 2 to this Regulation;
CALCULATION OF SIZE OF PAYMENT FOR UTILITY SERVICES
1. In the absence of a collective (common building), common (apartment) and individual metering devices in a residential house or in an apartment building, the amount of utility bills in a residential room is determined in the following order: 3) amount of payment for cold water supply, hot water supply, drainage and power supply (rub.) is determined by the formula:
P = n * N * T, (3) ky.i i j ky
where: n - the number of citizens living (registered) in the i-th living premises (apartment, residential building) (people); N is the standard for the consumption of the corresponding utility service j (for cold water supply, hot water supply and drainage, cubic meters per month for 1 person; for electricity, kWh per month for 1 person); T is 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 drainage - RUB / cubic meter; for power supply - RUB / kW · hour); The standard used in the calculation is determined in accordance with the Rules for Establishing and Determining Utilization Standards of Utilities: 3. Utilities consumption standards set in accordance with these Rules are applied in the absence of metering devices and are intended to determine the amount of utility bills. 4. Utilities consumption standards are approved by authorized bodies. Recall that the bodies authorized for approval of standards for electricity consumption by the bodies of the definition are now government bodies of the constituent entities of the Russian Federation. This is where the first problem arises - earlier this standard was approved by local governments. Some heads of administrations, under pressure from interested parties, have already hurried to repeal their decisions. New standards are not approved yet (how often it happens with us).
Ii. Conditions for the establishment of 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-supply organizations. We read further: IV. Rights and obligations of the performer
49. The contractor is obliged to: e) in the presence of collective (general building) metering devices, monthly, during the last week of the month, take their readings and enter in the register of indications of collective (general building) metering devices. At the request of the consumer, within one working day following the day of the appeal, provide the specified journal to the consumer;
50. The contractor has the right: b) to require admission to the accommodation occupied by him or the worker’s representatives (including emergency workers) at a time agreed in advance with the consumer for inspecting the technical and sanitary condition of the apartment building equipment and performing the necessary repairs, and for liquidation accidents - at any time; d) at the time agreed in advance with the consumer, but no more than once every 6 months, verify the correctness of the consumer’s reading of individual metering devices, their health, and the integrity of the seals;
V. Consumer rights and obligations
51. The consumer has the right to: d) ensure the safety of seals on collective (common building), common (apartment) or individual metering devices and distributors installed in a residential area; e) allow workers and representatives of the contractor (including emergency workers), representatives of state control and supervision bodies to inspect the technical and sanitary condition of the apartment building equipment and perform the necessary repairs, and representatives of the contractor (at including emergency workers) to eliminate accidents - at any time; e) at the time agreed in advance with the contractor (no more than once every 6 months) to ensure admission for taking readings of general (apartment) and individual metering devices; We think that each worker of the energy supplying or transport organization in these lines sees one thing - the possibility of manipulating metering stations with the aim of “electricity theft” with impunity. In such conditions, it is very difficult to detect theft, but it is impossible to catch it “red-handed”. Accordingly, to win the court against the dishonest consumer does not work.
In support of combating losses, there is the following: 34. In case of detection of unauthorized connection to the system of pipelines, electrical networks, equipment, devices and structures on them intended to provide utilities, the executor (connected network) is responsible for the proper technical condition and safety, the contractor shall have 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 of action, and to carry out further calculations with the consumer in accordance with paragraphs 19, 21 and 22 of these Rules until the day of the elimination of the violations inclusive. The situation with counters with an expired state verification was clarified: 31. In the event of a malfunction of an individual metering device (if in a residential area the volume (quantity) of utilization of utility resources is determined by several metering devices, then if at least one metering device malfunctions) or upon expiration checking it, established by the manufacturer, unless otherwise provided by the regulatory legal acts of the Russian Federation, or in the case of integrity of the seals on it, calculations are made in accordance with paragraphs 19, 21 and 22 of these rules.
Changes were made to the procedure for suspending or restricting the provision of utilities: 80. The contractor has the right to suspend or limit the provision of utilities within 1 month after a written warning (notification) to the consumer in the event of: a) incomplete payment by the consumer of utilities. Incomplete payment of utilities means the consumer’s debt to pay for one or more utilities in excess of 6 monthly fees, determined on the basis of the relevant utilization standards of utilities and tariffs in effect on the day of the restriction of utility services, unless there is no agreement on debt repayment concluded by the consumer with the performer, and (or) in case of non-compliance with the terms of such an agreement; The term of six months is considerable. And one more interesting point: Owners of premises in an apartment building and owners of residential houses pay for the volumes (quantity) of cold water, hot water, electric energy , gas and thermal energy purchased from the resource supply organization , as well as for wastewater services rendered based on the indications of the devices accounting, installed at the border of networks that are part of the common property of the owners of premises in an apartment building or owned by the owners of residential buildings, with utility infrastructure systems , Unless otherwise stipulated by the legislation of the Russian Federation. The total amount (quantity) of consumed cold water, hot water, electric energy, gas and thermal energy, as well as allocated wastewater, determined on the basis of the indications of collective (common-house) metering devices , is distributed between the specified owners in the manner prescribed by paragraph 21 of these Rules, and if there are individual or common (apartment) metering devices in all the premises of the apartment building, it is proportional to their readings . In the absence of the specified metering devices, the calculation of the size of the fee is made in the manner prescribed by paragraph 19 of this Regulation. These are the times that have come, these rules will take root, whether we will survive and whether we will “survive” - we'll see.